ENFORCEMENT DECREE OF THE CHILD CARE ACT
Wholly Amended by Presidential Decree No. 18691, Jan. 29, 2005
Amended by Presidential Decree No. 18873, Jun. 23, 2005
Presidential Decree No. 19446, Apr. 13, 2006
Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21396, Mar. 31, 2009
Presidential Decree No. 21585, Jun. 30, 2009
Presidential Decree No. 21765, Oct. 1, 2009
Presidential Decree No. 21956, Dec. 31, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22263, Jul. 9, 2010
Presidential Decree No. 22395, Sep. 20, 2010
Presidential Decree No. 22629, Jan. 20, 2011
Presidential Decree No. 22906, Apr. 22, 2011
Presidential Decree No. 23192, Sep. 30, 2011
Presidential Decree No. 23264, Oct. 26, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23618, Feb. 3, 2012
Presidential Decree No. 23644, Feb. 29, 2012
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 23909, Jun. 29, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24397, Feb. 28, 2013
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 24904, Dec. 4, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25164, Feb. 11, 2014
Presidential Decree No. 25929, Dec. 30, 2014
Presidential Decree No. 26525, Sep. 15, 2015
Presidential Decree No. 26703, Dec. 10, 2015
Presidential Decree No. 27252, Jun. 21, 2016
Presidential Decree No. 27732, Dec. 30, 2016
Presidential Decree No. 28132, Jun. 20, 2017
Presidential Decree No. 28628, Feb. 9, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 29805, Jun. 4, 2019
Presidential Decree No. 30171, Oct. 29, 2019
Presidential Decree No. 31380, Jan. 5, 2021
Presidential Decree No. 31513, Mar. 2, 2021
Presidential Decree No. 31576, Mar. 30, 2021
Presidential Decree No. 32014, Sep. 24, 2021
Presidential Decree No. 32189, Dec. 7, 2021
Presidential Decree No. 32385, Feb. 3, 2022
Presidential Decree No. 32528, Mar. 8, 2022
Presidential Decree No. 32627, May 9, 2022
Presidential Decree No. 32686, Jun. 7, 2022
Presidential Decree No. 32672, Jun. 7, 2022
Presidential Decree No. 33024, Dec. 6, 2022
Presidential Decree No. 34044, Dec. 26, 2023
Presidential Decree No. 34591, Jun. 25, 2024
Presidential Decree No. 34670, Jul. 9, 2024
Presidential Decree No. 34786, Aug. 6, 2024
The purpose of this Decree is to prescribe matters mandated by the Child Care Act and matters necessary for the enforcement thereof. [This Article Wholly Amended on Jun. 30, 2009]
| Article 2 Deleted. <Mar. 2, 2021> |
| Article 3 Deleted. <Mar. 2, 2021> |
| Article 4 Deleted. <Mar. 2, 2021> |
| Article 4-2 Deleted. <Mar. 2, 2021> |
| Article 5 Deleted. <Mar. 2, 2021> |
| Article 6 (Composition of Child Care Policy Committees) |
| (1) | The Central Child Care Policy Committee established in the Ministry of Education pursuant to the main clause of Article 6 (1) of the Child Care Act (hereinafter referred to as the "Act") (hereinafter referred to as "Central Child Care Policy Committee") and a local child care policy committee established in a Special Metropolitan City, a Metropolitan city, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do") or a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) (hereinafter referred to as "local child care policy committee") shall be comprised of not exceeding 20 members, including one chairperson and one vice chairperson, in consideration of gender. <Amended on Mar. 15, 2010; Jun. 29, 2012; Mar. 2, 2021; Dec. 7, 2021; Jun. 25, 2024> |
| (2) | The Vice Minister of Education shall be the Chairperson of the Central Child Care Policy Committee, and the Vice Chairperson shall be appointed from among its members, who shall be any of the following persons: <Amended on Mar. 15, 2010; Dec. 8, 2011; Jun. 25, 2024> |
| 1. | A person commissioned by the Minister of Education from among child care specialists, the representatives of the principals and child care teachers of child care centers and guardians, and persons representing the public interest, referred to in Article 6 (2) of the Act; |
| 2. | Grade III public officials in charge of child care policies in the Ministry of Education, or members in general service of the Senior Executive Service; |
| (3) | The chairperson and vice chairperson of a local child care policy committee shall be elected from among its members, and its members shall be commissioned or appointed by the head of a local government to which the relevant local child care policy committee belongs, from among child care experts, principals of child care centers, representatives of child care teachers, representatives of guardians, persons representing the public interest, and relevant public officials (excluding members of the relevant local council) referred to in Article 6 (2) of the Act. In such cases, the membership composition ratio shall be as follows: <Amended on Mar. 15, 2010; Dec. 8, 2011; Jun. 29, 2012> |
| 1. | Representatives of guardians and persons representing the public interest: At least 45/100 of the entire members; |
| 2. | Child care specialists: Not exceeding 20/100 of all members; |
| 3. | Relevant public officials: Not exceeding 15/100 of the all members; |
| 4. | Principals of child care centers: Not exceeding 10/100 of the entire members; |
| 5. | Representatives of child care teachers: Not exceeding 10/100 of the entire members. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 7 (Functions of Child Care Policy Committees) |
| (1) | The Central Child Care Policy Committee shall deliberate on the following: <Amended on Dec. 8, 2011; Dec. 4, 2013; Jun. 4, 2019; Jul. 9, 2024> |
| 1. | Formulation of child care plans referred to in Article 11 of the Act and of annual implementation plans referred to in Article 19 (2) of this Decree; |
| 1-2. | Publication of the list under the main clause of Article 14-2 (2) of the Act; |
| 2. | Development of child care courses referred to in Article 29 of the Act; |
| 3. | Evaluation of child care centers referred to in Article 30 of the Act; |
| 3-2. | Deleted; <Sep. 15, 2015> |
| 4. | Other matters referred by the Chairperson to its meeting in relation to child care, such as entrustment with child care-related affairs. |
| (2) | A local child care policy committee shall deliberate on the following: <Amended on Jul. 9, 2010; Dec. 8, 2011; Feb. 3, 2012; Jun. 29, 2012; Dec. 4, 2013; Jun. 25, 2024> |
| 1. | Deleted; <Jun. 29, 2012> |
| 2. | Matters on formulation of child care plans referred to in Article 11 of the Act and of annual implementation plans referred to in Article 19 (2) of this Decree; |
| 3. | Matters on the establishment of public child care centers referred to in Article 12 of the Act and entrustment of the operation of public child care centers referred to in Article 24 (2) of the Act: Provided, That matters which may not undergo deliberation by the relevant local child care policy deliberation committee among matters regarding entrustment of the operation of public child care centers, as prescribed by Ministerial Decree of Education, shall be excluded herefrom; |
| 4. | Matters on designation of educational and training facilities referred to in Article 21 (2) 2 of the Act; |
| 5. | Matters on entrustment with implementation of refresher education referred to in Articles 23 (1) and 23-2 (1) of the Act; |
| 6. | Matters on child care fees, etc., to be paid by users of child care centers referred to in Article 38 of the Act; |
| 7. | Deleted; <Sep. 15, 2015> |
| 8. | Deleted; <Jun. 29, 2012> |
| 9. | Matters on the standards for establishment of child care centers and staffing standards of child care teachers and staff on islands, in remote places, in agricultural and fishing communities, etc., referred to in Article 52 of the Act; |
| 10. | Other matters referred by the Chairperson to its meeting in relation to child care. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 8 (Term of Office of Child Care Policy Committee Members) |
| (1) | The term of office of private members among members of the Central Child Care Policy Committee and local child care policy committees (hereinafter referred to as "relevant child care policy committee") shall be two years, but may be renewed only once. |
| (2) | The term of office of a member newly commissioned to fill a vacancy by another member shall be the remainder of his or her predecessor's term of office. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 9 (Operation of Child Care Policy Committees) |
| (1) | The chairperson of each child care policy committee shall represent the relevant committee and exercise overall control over affairs of the committee. |
| (2) | The vice chairperson of each child care policy committee shall assist the chairperson and act on his or her behalf if the chairperson is unable to perform any of his or her duties due to any unavoidable cause. |
| (3) | Each child care policy committee shall have one secretary assigned to conduct affairs of the child care policy committee, who shall be appointed by the head of an institution or local government to which each child care policy committee belongs, from among public officials under his or her management. In such cases, the secretary shall prepare minutes of its meetings. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 10 (Meetings of Child Care Policy Committees) |
| (1) | Meetings of each child care policy committee shall be called by the chairperson when the head of an institution or local government to which the relevant child care policy committee belongs or at least one third of all incumbent members request the convocation thereof, or when the chairperson deems it necessary. |
| (2) | Meetings of each child care policy committee shall convene with a majority of all incumbent members present, and resolutions shall be adopted with the concurrent vote of a majority of the members present. |
| (3) | Allowances and travel expenses shall be paid to members who attend a meeting of each child care policy committee, within the budget: Provided, That the same shall not apply where a member who is a public official attends a meeting of the committee in direct connection with his or her duties. <Amended on Mar. 2, 2021> |
| (4) | In principles, outcomes and details of meetings of each child care policy committee shall be made public. In such cases, the method of disclosure thereof shall be prescribed by the detailed operational rules of each child care policy committee. |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 10-2 (Exclusion, Challenge, or Refrainment of Members) |
| (1) | Where a member of each child care policy committee falls under any of the following cases, he or she shall be excluded from deliberations on the relevant agenda item: <Amended on Jun. 29, 2012> |
| 1. | Where a member, or his or her current or former spouse is a party to an agenda, or is related to a party to the agenda as a joint holder of any right or liability; |
| 2. | Where a member is related to a party to an agenda as a relative; |
| 3. | Where a member or a corporation, organization, etc., to which he or she belongs is, or has been, involved as an agent of a party to an agenda; |
| 4. | Other cases where a member has a direct interest with a party to an agenda item. |
| (2) | Where any circumstances make it impracticable to expect a fair deliberation from a member, a party to an agenda under deliberation by each child care policy committee may request to challenge him or her. |
| (3) | Where a member falls under paragraph (1) or (2), he or she shall voluntarily refrain from deliberations on the relevant agenda. <Amended on Dec. 10, 2015> |
[This Article Added on Jun. 30, 2009]
| Article 10-3 (Appointment and Dismissal of Members of Each Child Care Policy Committee) |
| (1) | Where a member of the Central Child Care Policy Committee prescribed in Article 6 (2) 1 falls under any of the following, the Minister of Education may dismiss the relevant member: <Amended on Jun. 25, 2024> |
| 1. | Where he or she is incapable of carrying out his or her duties due to physical or mental disabilities; |
| 2. | Where he or she conducts any irregularity in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable for a member due to his or her delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where a member fails to evade even though he or she falls under any of the subparagraphs of Article 10-2 (1); |
| 5. | When the member voluntarily admits that it is impracticable for him or her to perform his or her duties as a member. |
| (2) | Where a member of a local child care policy committee prescribed in Article 6 (3) falls under any of the following, the head of the local government may dismiss the relevant member: |
| 1. | Where he or she is incapable of carrying out his or her duties due to physical or mental disabilities; |
| 2. | Where he or she conducts any irregularity in connection with his or her duties; |
| 3. | Where he or she is deemed unsuitable for a member due to his or her delinquency of duties, injury to dignity, or any other reason; |
| 4. | Where a member fails to evade even though he or she falls under any of the subparagraphs of Article 10-2 (1); |
| 5. | When the member voluntarily admits that it is impracticable for him or her to perform his or her duties as a member. |
[This Article Added on Dec. 10, 2015]
| Article 10-4 (Establishment and Operation of Deliberative Committee on Publication of the List of Workplace Child Care Centers) |
| (1) | The Minister of Education shall establish a Deliberative Committee on Publication of the List of Workplace Child Care Centers (hereinafter referred to as the "Deliberative Committee on Publication of the List") as a specialized committee of the Central Child Care Policy Committee pursuant to Article 6 (3) of the Act. |
| (2) | The Deliberative Committee on Publication of the List shall consist of at least 5 but not more than 10 members, taking gender into account. |
| (3) | The chairperson of the Deliberative Committee on Publication of the List shall be appointed by the Minister of Education from among the members falling under subparagraph 1, and members shall be appointed or commissioned by the Minister of Education from among the following persons: |
| 1. | Grade III public officials in charge of child care policies in the Ministry of Education, or members in general service of the Senior Executive Service; |
| 2. | Members of the Central Child Care Policy Committee falling under Article 6 (2) 1; |
| 3. | Legal experts, including attorneys-at-Law; |
| 4. | Representatives of workers; |
| 5. | Representatives of business owners; |
| 6. | Representatives of public interest; |
| 8. | Other persons who have abundant knowledge of and experience in child care. |
| (4) | The term of office of commissioned members under paragraph (3) 2 through 8 shall be 2 years, and they may be reappointed only once: Provided, That the term of office of a member commissioned from among the members of the Central Child Care Policy Committee shall be the remaining term of office of the members of the relevant Central Child Care Policy Committee. |
| (5) | Meetings of the Deliberative Committee on Publication of the List shall be called by the chairperson when deemed necessary or when at least one-third of all incumbent members request the convocation thereof. |
| (6) | Meetings of the Deliberative Committee on Publication of the List shall convene with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present. |
| (7) | The chairperson of the Deliberative Committee on Publication of the List shall report matters deliberated on and resolved by the committee to the Central Child Care Policy Committee. |
[This Article Added on Jul. 9, 2024]
| Article 11 (Detailed Operating Rules of Child Care Policy Committees and Deliberative Committee on Publication of the List) |
Except as provided in this Decree, matters necessary for the composition and operation of each child care policy committee shall be determined by its chairperson following a resolution thereby, and matters necessary for the composition and operation of the Deliberative Committee on Publication of the List shall be determined by the chairperson of the committee following a resolution thereby.
[This Article Wholly Amended on Jul. 9, 2024]
| Article 12 (Establishment of Child Care Support Centers) |
A data room, counseling room, training room, etc., shall be established in the Central Child Care Support Center established and operated by the Minister of Education (hereinafter referred to as "Central Child Care Support Center") and in local child care support centers (hereinafter referred to as "local child care support centers") established and operated by the Special Metropolitan City Mayor or each Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), and the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply), pursuant to Article 7 (1) of the Act. <Amended on Mar. 15, 2010; Dec. 4, 2013; Feb. 11, 2014; Jun. 25, 2024> [This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Dec. 4, 2013]
| Article 13 (Functions of Child Care Support Centers) |
The Central Child Care Support Center shall assist local child care support centers in their business affairs, while local child care support centers shall render services based on the local characteristics to the child care centers and child care users in the areas under their jurisdictions.
[This Article Wholly Amended on Jul. 9, 2024]
| Article 14 (Qualification and Duties of Heads of Child Care Support Centers) |
| (1) | The head of the Central Child Care Support Center and the heads of local child care support centers (hereinafter referred to as the "child care support center") shall have at least 5 years of experience working in child care services after acquiring qualification as a child care specialist under Article 15 (1). <Amended on Dec. 4, 2013; Jun. 20, 2017; Jun. 7, 2022; Jul. 9, 2024> |
| (2) | The head of a child care support center shall represent the relevant child care support center and exercise general supervision over the affairs of such center. <Amended on Dec. 4, 2013; Jun. 7, 2022> |
| (3) | The head of a child care support center shall serve on a full-time basis. <Amended on Dec. 4, 2013; Jun. 7, 2022> |
[This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Dec. 4, 2013]
| Article 15 (Qualifications and Duties of Child Care Specialists) |
| (1) | A child care specialist referred to in Article 7 (2) of the Act shall be either of the following persons: |
| 1. | A person qualified as a Grade I child care teacher specified in Appendix 1; |
| 2. | A person with at least three years’ experience in child care affairs after obtaining qualification as a Grade I social welfare worker under the Social Welfare Services Act. |
| (2) | A child care specialist shall perform the affairs of a child care support center referred to in Article 7 (1). <Amended on Jun. 7, 2022; Jul. 9, 2024> |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 16 (Qualifications for Counseling Experts) |
A counseling expert referred to in Article 7 (2) of the Act shall be either of the following: | 2. | A person who has received a bachelor's degree in counseling or psychology from a school defined in any subparagraph of Article 2 of the Higher Education Act (including persons deemed to have a similar school career or higher under the relevant statutes or regulations) and has at least three years’ work experience in relation to counseling. |
[This Article Added on Sep. 15, 2015]
| Article 16-2 (Qualifications for Infant and Young Child Development Support Specialists) |
Infant and young child development support specialists under Article 7 (2) of the Act shall have any of the following qualifications: | 3. | A person qualified as a child care teacher for infants and children with disabilities under Article 22 (3) of the Act on Welfare Support for Children with Disabilities |
[This Article Added on Jul. 9, 2024]
[Previous Article 16-2 moved to Article 16-3 <Jul. 9, 2024>]
| Article 16-3 (Designation of Central Child Care Support Center) |
| (1) | The Minister of Health and Welfare shall designate the Korea Childcare Promotion Institute established under Article 8 of the Act (hereinafter referred to as the "Promotion Institute") as the Central Child Care Support Center pursuant to Article 7 (4) of the Act. <Amended on Jun. 25, 2024; Aug. 6, 2024> |
| (2) | Article 14 (1) shall not apply to qualification requirements for the head of a child care support center who is the Director of the Promotion Institute designated as the Central Child Care Support Center under paragraph (1). <Amended on Aug. 6, 2024> |
[This Article Added on Jun. 7, 2022]
[Moved from Article 16-2 <Jul. 29, 2024>]
| Article 17 (Establishment and Management of Integrated Child Care Information System) |
"Data prescribed by Presidential Decree" in Article 9-3 (2) 12 of the Act means data on subscriptions to and payment of benefits of health insurance, employment insurance, national pension, and industrial accident compensation insurance for child care teachers and staff. [This Article Added on Dec. 7, 2021]
| Article 18 Deleted. <Jun. 4, 2019> |
| Article 18-2 (Types of Child Care Centers of Corporations and Organizations) |
"Child care centers prescribed by Presidential Decree" referred to in subparagraph 3 of Article 10 of the Act means any of the following child care centers: <Amended on Jun. 25, 2024> | 2. | A child care center established and operated by a religious organization; |
| 4. | A child care center established and operated by educational and training facilities under Article 21 (2) 2 of the Act; |
| 5. | A child care center equivalent to those under subparagraphs 1 through 4, as determined by the Minister of Education. |
[This Article Added on Feb. 3, 2012]
| Article 19 (Details of, and Formulation Timing and Procedures for, Child Care Plans) |
| (1) | The Minister of Education, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall, pursuant to Article 11 (1) of the Act, formulate child care plans containing the following: <Amended on Mar. 15, 2010; Dec. 8, 2011; Jun. 25, 2024> |
| 1. | Basic direction-setting for child care services; |
| 2. | Matters on establishment of, and supply and demand for, child care centers; |
| 3. | Matters on child care teachers and staff; |
| 4. | Matters on operation and evaluation of child care centers; |
| 5. | Matters on child care expenses; |
| 6. | Other matters necessary for child care. |
| (2) | The Minister of Education, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate child care plans referred to paragraph (1) every five years, and annual implementation plans by the end of February each year. <Amended on Mar. 15, 2010; Jun. 25, 2024> |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 19-2 (Establishment and Operation of National or Public Child Care Centers) |
| (1) | The size of multi-family housing that shall establish and operate national or public child care centers pursuant to Article 12 (3) of the Act shall be at least 500 households. |
| (2) | "Cases prescribed by Presidential Decree" in the proviso of Article 12 (3) of the Act means the following cases: |
| 2. | Where a local child care policy committee has deliberated that it is not necessary to operate a national or public child care center, such as there is no demand for child care in terms of the characteristics of the relevant multi-family housing. |
| (3) | Before a project operator under subparagraph 10 of Article 2 of the Housing Act applies for a pre-use inspection under Article 49 of the same Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall conclude an agreement with the project operator on the maximum number of infants and young children of national or public child care centers (limited to those operated by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu) and the ratio, etc. of sharing expenses incurred in the establishment and operation thereof. <Amended on Mar. 2, 2021> |
[This Article Wholly Amended on Jun. 4, 2019]
| Article 20 (Establishment of Workplace Child Care Centers) |
| (1) | A place of business requiring the business proprietor to establish a workplace child care center pursuant to Article 14 (1) of the Act shall be a place of business which hires at least 300 full-time female workers or at least 500 full-time workers. <Amended on Dec. 8, 2011> |
| (2) | In applying paragraph (1), at least two State administrative agencies shall be deemed one place of business, if they jointly use a Government building. |
| (3) | Where a workplace child care center should be established under paragraph (2), an agency in charge of establishing and managing such child care center, shall be determined in the following order: Provided, That it may be determined otherwise through consultation between agencies jointly using a Government building: <Amended on Dec. 8, 2011> |
| 1. | An agency in charge of managing the relevant Government building (an agency related to the main function of the Government building, if the building is not State property); |
| 2. | An agency where demand for child care is the highest. |
| (4) | Expenses incurred in operating a workplace child care center established under paragraphs (2) and (3), shall be borne by each relevant agency in proportion to the number of infants and young children using such child care center: Provided, That if it is necessary to adjust cost-sharing due to any unavoidable cause, the ratio of expenses to be borne shall be determined through consultation between an agency in charge of establishing and managing the child care center and agencies using it. <Amended on Dec. 8, 2011> |
| (5) | If necessary, the business proprietor of a place of business other than those referred to in paragraphs (1) and (2) may establish a workplace child care center to provide child care to employees' children. <Amended on Dec. 8, 2011; Dec. 30, 2014> |
[This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Dec. 8, 2011]
| Article 20-2 (Survey Agencies on Performance of Duty to Establish Workplace Child Care Centers) |
| (1) | "Agency prescribed by Presidential Decree" in the former part of Article 14-2 (1) of the Act, means any of the following: <Amended on Mar. 23, 2013; Dec. 30, 2014; Jun. 25, 2024> |
| 1. | The Ministry of Employment and Labor; |
| (2) | The Minister of Education and the head of an agency referred to in each subparagraph of paragraph (1) (hereinafter referred to as "survey agency") shall conduct a fact-finding survey to assess performance of the duty to establish a workplace child care center, etc., referred to in Article 14 (1) of the Act (hereinafter referred to as "fact-finding survey on performance of duties"), for any of the following workplaces, as relevant: <Amended on Mar. 23, 2013; Feb. 11, 2014; Dec. 30, 2014; Jun. 25, 2024> |
| 1. | The Minister of Employment and Labor: Workplaces covered by employment insurance; |
| (3) | If necessary to conduct a fact-finding survey to assess performance of duties, the Minister of Education and the head of a survey agency may request the relevant administrative agency, an institution, organization, etc., subject to the fact-finding survey to assess performance of duties to submit materials, opinions, etc. Upon receipt of such request, the relevant administrative agency, institution, organization, etc., shall comply therewith, except in extenuating circumstances. <Amended on Jun. 25, 2024> |
[This Article Added on Jun. 29, 2012]
| Article 20-3 (Method of Fact-Finding Survey on Performance of Duties) |
| (1) | The Minister of Education and the head of a survey agency shall conduct a fact-finding survey on the performance of duties as at December 31 each year, pursuant to the former part of Article 14-2 (1) of the Act. <Amended on Jun. 25, 2024> |
| (2) | The head of a survey agency shall notify the Minister of Education of the results of the survey referred to in paragraph (1) by the end of February the following year, pursuant to the latter part of Article 14-2 (1) of the Act. <Amended on Jun. 25, 2024> |
| (3) | Details of a fact-finding survey to assess performance of duties, shall be as follows: |
| 1. | Basic matters on a place of business, such as its name, and the number of full-time workers and full-time female workers; |
| 2. | The number of infants and young children eligible for child care and demand for child care in the relevant place of business; |
| 3. | The actual status of performance of the duty to establish a workplace child care center, etc., referred to in Article 14 of the Act; |
| 4. | If a place of business neglects any of its duties to establish a workplace child care center, etc., referred to in Article 14 of the Act, the ground therefor and a performance plan (including timing to perform such duty). |
[This Article Added on Jun. 29, 2012]
| Article 20-4 (Timing and Details of Publication of Lists) |
| (1) | The Minister of Health and Welfare shall publish a list of workplaces which have breached the obligation to establish a workplace child care center, etc. or have failed to cooperate with a fact-finding survey, by May 31 each year, pursuant to the main clause of Article 14-2 (2) of the Act. <Amended on Dec. 30, 2014; Jun. 20, 2017; Jun. 25, 2024> |
| (2) | The content of the list published pursuant to paragraph (1) shall include the following: <Amended on Aug. 6, 2024> |
| 1. | The names and addresses of the workplaces and the names of the business owners; in such cases, if the business owner is a corporation, the name of its representative and its name and address shall be included; |
| 2. | The number of full-time workers at the relevant workplaces, the number of full-time female workers, and the number of infants and young children subject to child care; |
| 3. | The cumulative number of times the list of the relevant workplaces is published; |
| 4. | The reasons that the relevant workplaces have failed to fulfill their obligation to establish workplace child care centers, etc. or the fact that they have failed to comply with a fact-finding survey. |
[This Article Added on Jun. 29, 2012]
[Title Amended on Aug. 6, 2024]
| Article 20-5 (Reasons for Exclusion from Publication of Lists) |
"Where reasons prescribed by Presidential Decree exist" in the proviso of Article 14-2 (2) of the Act means any of the following cases: | 1. | Where one year has not elapsed since the relevant place of business became subject to the obligation to establish a workplace child care center pursuant to Article 20 (1); |
| 2. | Where the relevant place of business is establishing a workplace child care center by formulating a plan to establish the workplace child care center and contributing to construction costs; |
| 3. | Where it is deemed unnecessary to announce the list, such as where no demand for child care exists in light of the nature of full-time workers of the relevant place of business. |
[This Article Added on Jun. 29, 2012]
| Article 20-6 Deleted. <Jul. 9, 2024> |
| Article 20-7 (Provision of Opportunity to Make Explanatory Statements) |
Before announcing a list pursuant to Article 20-4, the Minister of Education shall give written notice of the fact of announcement to business proprietors of places of business subject to announcement of the list pursuant to Article 14-2 (4) of the Act, and provide them with an opportunity to submit explanatory materials or to state their opinions at a meeting of the Deliberative Committee on Publication of the List, within 20 days after receipt of such notice. <Amended on Jun. 25, 2024; Jul. 9, 2024> [This Article Added on Jun. 29, 2012]
| Article 20-8 (Measures to Secure Safety of Video Information) |
| (1) | An establisher/operator of a child care center shall take the following measures to ensure the safety of video information pursuant to Article 15-5 (3) of the Act: |
| 1. | Measures to keep records of access and to prevent forgery or modulation thereof, in order to address any infringement on video information; |
| 2. | Measures to control access to video information and to restrict rights to access thereto; |
| 3. | Measures to formulate and implement internal management plans for safely processing video information; |
| 4. | Physical measures, such as preparing storage facilities for safe keeping of video information and installing locking devices. |
| (2) | Specific matters necessary to ensure the safety of video information under paragraph (1) shall be determined and publicly notified by the Minister of Education. <Amended on Jun. 25, 2024> |
[This Article Added on Sep. 15, 2015]
| Article 20-9 (Formulation and Implementation of Policy Measures to Protect Child Care Activities of Child Care Teachers and Staff) |
| (1) | The Minister of Education shall formulate and implement policy measures to protect child care activities of child care teachers and staff under Article 18-3 (2) of the Act (hereinafter referred to as "policy measure") every 5 years following deliberation by the Child Care Activity Protection Committee under Article 18-4 (1) of the Act (hereinafter referred to as the "Child Care Activity Protection Committee"). In such cases, if the Minister intends to amend the policy measures formulated, he or she shall undergo deliberation by the Child Care Activity Protection Committee. |
| (2) | A Mayor/Do Governor shall formulate and implement policy measures for the relevant year under Article 18-3 (2) of the Act by the end of February each year after deliberation by a City/Do child care activity protection committee under Article 18-4 (2) of the Act (hereinafter referred to as the "City/Do child care activity protection committee"). In such cases, if he or she intends to amend the formulated policy measures, he or she shall undergo deliberation by the City/Do child care activity protection committee. |
| (3) | If a Mayor/Do Governor formulates or amends a policy measure pursuant to paragraph (2), he or she shall submit the policy measure formulated or amended to the Minister of Education without delay. |
| (4) | If necessary for formulating and implementing policy measures, the Minister of Education and Mayors/Do Governors may request the heads of relevant central administrative agencies or local governments, the head of the Promotion Institute, and the heads of relevant institutions, corporations, and organizations to provide cooperation by including submitting relevant data. |
[This Article Added on Aug. 6, 2024]
| Article 20-10 (Composition and Operation of the Child Care Activity Protection Committee) |
| (1) | The Child Care Activity Protection Committee shall consist of at least 7 but not more than 10 members, including 1 chairperson, in consideration of gender balance. |
| (2) | The chairperson and members of the Child Care Activity Protection Committee shall be appointed by the Chairperson of the Central Child Care Policy Committee from among its members. |
| (3) | A meeting of the Child Care Activity Protection Committee shall be convened in any of the following cases, and chaired by the chairperson of the committee: |
| 1. | Where the Chairperson of the Central Child Care Policy Committee requests to convene a meeting; |
| 2. | Where at least 1/4 of the members of the Child Care Activity Protection Committee request to convene a meeting; |
| 3. | Where the chairperson of the Child Care Activity Protection Committee deems it necessary to convene a meeting. |
| (4) | A majority of the members of the Child Care Activity Protection Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition, operation, etc. of the Child Care Activity Protection Committee shall be determined by the chairperson of the committee, subject to resolution thereby. |
[This Article Added on Aug. 6, 2024]
| Article 20-11 (Composition and Operation of City/Do Child Care Activity Protection Committees) |
| (1) | A City/Do child care activity protection committee shall consist of at least 7 but not more than 10 members, including 1 chairperson, in consideration of gender balance. |
| (2) | Members of a City/Do child care activity protection committee shall be appointed or commissioned by the Mayor/Do Governor from among the following persons, and the chairperson of each committee shall be elected from among its members: |
| 1. | Director-level public officials in charge of child care policies of the relevant City/Do; |
| 2. | Child care teachers and staff with at least 15 years of experience in child care for infants and young children; |
| 3. | Persons who are currently serving or previously served as an assistant professor or higher or a position equivalent thereto at a university or an authorized research institute, with expertise in child care activities; |
| 4. | Parents who are working or have previously worked as members of a child care center operating committee under Article 25 of the Act; |
| 5. | Persons qualified as attorneys-at-law; |
| 6. | Other persons who have abundant knowledge of and experience in child care activities. |
| (3) | The term of office of the members commissioned pursuant to paragraph (2) shall be 2 years, and they may be reappointed only once: Provided, That the term of office of a substitute member shall be the remainder of his or her predecessor’s term of office. |
| (4) | A meeting of a City/Do child care activity protection committee shall be convened in any of the following cases, and chaired by the chairperson of the committee: |
| 1. | Where the Mayor/Do Governor requests to convene a meeting; |
| 2. | Where at least 1/4 of the members of the City/Do child care activity protection committee request to convene a meeting; |
| 3. | Where the chairperson of the City/Do child care activity protection committee deems it necessary to convene a meeting. |
| (5) | A majority of the members of the City/Do child care activity protection committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for the composition, operation, etc. of City/Do child care activity protection committees shall be determined by the chairperson of each City/Do child care activity protection committee following a resolution thereby. |
[This Article Added on Aug. 6, 2024]
| Article 20-12 (Living Guidance for Infants and Young Children) |
| (1) | The principle or child care teacher of a child care center may provide guidance, advice, counseling, caution, discipline, admonishment, etc. in any of the following fields pursuant to Article 18-5 of the Act; in such cases, methods of inflicting bodily pain on infants and young children using tools, bodies, etc. shall be used: |
| 3. | Personality and interpersonal relationships; |
| 4. | Other fields related to the life of infants and young children. |
| (2) | The standards for the scope, methods, etc. of guidance under paragraph (1) shall be determined and publicly notified by the Minister of Education. |
[This Article Added on Aug. 6, 2024]
| Article 21 (Standards for Qualifications for Principals, Child Care Teachers, and Staff of Child Care Centers) |
The standards for qualifications for principals, child care teachers, and staff of child care centers referred to in Article 21 (1) and (3) of the Act shall be as specified in Appendix 1. <Amended on Dec. 8, 2011> [This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Dec. 8, 2011]
| Article 21-2 (Scope of Establishment of Child Care Center Operating Committees) |
| (1) | "Child care centers prescribed by Presidential Decree" in the proviso of Article 25 (1) of the Act means all child care centers, excluding child care centers at parents associations referred to in subparagraph 6 of Article 10 of the Act. <Amended on Dec. 8, 2011; Feb. 3, 2012; Mar. 2, 2021> |
| (2) | The number of members of a child care center operating committee under Article 25 (3) of the Act shall be classified as follows: <Added on Mar. 2, 2021> |
| 1. | A child care center for which the number of infants and young children is less than 100: At least 5 and up to 10 members; |
| 2. | A child care center for which the number of infants and young children is at least 100: At least 11 and up to 15 members. |
[This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Dec. 8, 2011; Mar. 2, 2021]
| Article 21-3 (Grounds for Canceling Designation of Part-Time Child Care Services Providers) |
"Grounds determined by Presidential Decree" in Article 26-2 (4) 3 of the Act means any of the following grounds: <Amended on Jun. 4, 2019> | 1. | Where it is designated by fraud or other improper means; |
| 2. | Where the head or an employee of an institution providing part-time child care services (hereafter in this Article, referred to as "part-time child care services provider") under Article 26-2 (2) of the Act receives a punishment pursuant to Article 71 (1) of the Child Welfare Act; |
| 3. | Where it fails to provide part-time child care services within three years from the date of designation without good cause; |
| 4. | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it fails to meet the requirements necessary for providing part-time child care services, such as safety, sanitation, child care environment, the operation of child care courses, and expertise of child care personnel; |
| 5. | Where it is impossible to provide part-time child care services, such as where the head of a part-time child care services provider closes the relevant institution or suspends its operation for at least three months without good cause; |
| 6. | Where the head of a part-time child care services provider requests the cancellation of designation. |
[This Article Added on Dec. 4, 2013]
[Title Amended on Jun. 4, 2019]
[Previous Article 21-3 moved to Article 21-4 <Dec. 4, 2013>]
| Article 21-4 (Preferential Provision of Child Care) |
"Child care centers prescribed by Presidential Decree" in the main clause, with the exception of the subparagraphs, of Article 28 of the Act means child care centers of corporations, organizations, etc., in subparagraph 3, home-based child care centers in subparagraph 5, and private child care centers in subparagraph 7 of Article 10 of the Act. [This Article Added on Jun. 29, 2012]
[Moved from Article 21-3; previous Article 21-4 moved to Article 21-5 <Dec. 4, 2013>]
| Article 21-5 (Permission for Establishment of Mutual Aid Association for Safety of Child Care Centers) |
| (1) | Where it is intended to establish a mutual aid association for safety of child care centers referred to in Article 31-2 (2) of the Act (hereinafter referred to as "mutual aid association"), at least eight promoters shall prepare its articles of association and mutual aid by-laws and file an application with the Minister of Education for permission therefor. <Amended on Mar. 15, 2010; Dec. 8, 2011; Jun. 25, 2024> |
| (2) | When the Minister of Education grants permission under paragraph (1), he or she shall publicly announce such fact. <Amended on Mar. 15, 2010; Jun. 25, 2024> |
[This Article Added on Jun. 30, 2009]
[Title Amended on Dec. 8, 2011]
[Moved from Article 21-4; previous Article 21-5 moved to Article 21-6 <Dec. 4, 2013>]
| Article 21-6 (Particulars to Be Stated in Articles of Association of Mutual Aid Association) |
| (1) | Matters to be provided for in the articles of association referred to in Article 31-2 (6) of the Act shall be as follows: <Amended on Dec. 8, 2011> |
| 3. | Location of the head office; |
| 5. | Matters on the standards for a share in investments; |
| 6. | Matters on qualifications, etc., for membership; |
| 7. | Matters on executive officers and employees; |
| 8. | Matters on the board of directors; |
| 9. | Matters on compensation examinations of mutual aid business for safety of child care centers; |
| 10. | Matters on assets and accounting; |
| 11. | Matters on amendment to the articles of association; |
| 12. | Matters on enactment, amendment, and abolition of by-laws; |
| 13. | Matters on the method of making public announcements. |
| (2) | Where a mutual aid association intends to amend its articles of association, it shall obtain authorization thereof from the Minister of Education. <Amended on Mar. 15, 2010; Jun. 25, 2024> |
[This Article Added on Jun. 30, 2009]
[Moved from Article 21-5; previous Article 21-6 moved to Article 21-7 <Dec. 4, 2013>]
| Article 21-7 (Operation and Supervision of Mutual Aid Associations) |
| (1) | A mutual aid association shall prepare and submit both a business plan and budget bill for each business year one month before the relevant business year, and a settlement of accounts for each business year within two months after the relevant business year, to the Minister of Education. <Amended on Mar. 15, 2010; Jun. 25, 2024> |
| (2) | The Minister of Education may issue an order to report mutual aid business, or provide guidance to or supervision over the business or property conditions, and may require rectification, if deemed necessary. <Amended on Mar. 15, 2010; Jun. 25, 2024> |
[This Article Added on Jun. 30, 2009]
[Moved from Article 21-6; previous Article 21-7 moved to Article 21-8 <Dec. 4, 2013>]
| Article 21-8 Deleted. <Jun. 4, 2019> |
| Article 21-9 Deleted. <Jun. 4, 2019> |
| Article 21-10 Deleted. <Jun. 4, 2019> |
| Article 22 (Details and Scope of Free Child Care) |
| (1) | Free care for infants and young children (including those with disabilities and children of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act) under Article 34 (1) of the Act shall be provided to the following: <Amended on Feb. 28, 2013; Mar. 23, 2013; May 9, 2022; Jun. 25, 2024> |
| 1. | Infants and young children who are at least three years of age as of January 1 each year: Where they are provided, at child care centers, with common child care and educational courses determined after consultation between the Minister of Education and the National Education Commission (hereinafter referred to as "common courses"), among the child care courses referred to in Article 29 of the Act: Provided, That this shall include infants and young children who turn three years old during the period between January 2 and March 1 and are provided with common courses at child care centers; |
| 2. | Infants and young children who are younger than three years of age as of January 1 each year: Where they are provided with child care courses referred to in Article 29 (excluding common courses) of the Act at child care centers. |
| (2) | Notwithstanding paragraph (1), free child care may be provided for disabled children until they reach twelve years old, if they are provided with child care courses referred to in Article 29 of the Act at child care centers pursuant to Article 34 (2) of the Act. <Added on Feb. 28, 2013> |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for providing free child care shall be determined by the Minister of Education. <Amended on Feb. 28, 2013; Jun. 25, 2024> |
[This Article Wholly Amended on Sep. 30, 2011]
[Title Amended on Feb. 28, 2013]
| Article 23 (Expenses for Free Child Care) |
| (3) | Where the State and local governments bear expenses incurred in providing free child care for infants and young children and free child care for children with disabilities referred to in paragraph (2) for children entitled to child benefits under Article 4 (5) of the Child Benefits Act, they may bear such expenses after deducting the amount of child benefits paid. <Added on Feb. 3, 2022> |
| (4) | Details of the method, procedures, etc. for subsidizing expenses incurred in providing free child care shall be determined by the Minister of Education. <Amended on Feb. 3, 2022; Jun. 25, 2024> |
[This Article Wholly Amended on Sep. 30, 2011]
| Article 23-2 (Persons Eligible for Child Home-Care Allowances and Standards for Provision Thereof) |
| (1) | Upon receipt of an application for provision of expenses incurred in rearing a child under Article 34-2 (1) of the Act (hereinafter referred to as "child home-care allowances"), the State and a local government shall examine whether the relevant infant or young child is eligible for allowances and determine whether to grant a child home-care allowance. |
| (2) | Where the State and a local government determine to grant child home-care allowances pursuant to paragraph (1), they shall regularly provide child home-care allowances for the period from the month in which the date of determination falls to February of the year following the year in which the date the relevant infant reaches six years of age falls. |
| (3) | Notwithstanding paragraph (2), where a person files an application for provision of child home-care allowances within 60 days including the date of birth of an infant or young child after he or she was born and it is determined to grant child home-care allowances, child home-care allowances shall be paid retroactively from the month in which his or her date of birth falls: Provided, That where the person fails to file an application for provision of child home-care allowances within 60 days including the date of birth of an infant or young child after he or she was born, due to unavoidable reasons determined and publicly notified by the Minister of Education, the period during which such reasons exist shall not be included in the period of up to 60 days. <Amended on Jun. 25, 2024> |
| (4) | Notwithstanding paragraph (2), if an application for child home-care allowances is delayed due to unavoidable causes determined and publicly notified by the Minister of Education, such as hospitalization or quarantine measures due to an infectious disease, in which case the relevant person cannot receive child home-care allowances retroactively pursuant to paragraph (3), he or she shall also receive child home-care allowances for the period during which such unavoidable causes continue. <Added on Feb. 3, 2022; Jun. 25, 2024> |
| (5) | Notwithstanding paragraph (2), where an infant or young child falls under any of the following cases, a child home-care allowance shall be provided until the following months: <Amended on Feb. 3, 2022; Jun. 25, 2024> |
| 1. | The month in which the date each of the following grounds arises falls: |
| (a) | Where an infant or young child dies; |
| (b) | Where an infant or young child loses his or her Korean nationality; |
| (c) | Where an infant or young child recognized as a refugee under subparagraph 2 of Article 2 of the Refugee Act loses the refugee status by cancellation of the recognition under Article 22 (1) of the same Act or the decision to grant the refugee status is withdrawn under paragraph (2) of the same Article; |
| (d) | Where the survival or death of an infant or young child cannot be verified within 30 days from the date the relevant administrative agency, such as a police agency, receives the relevant report, due to unknown whereabouts, missing, etc.; |
| (e) | Where the domicile of an infant or young child is registered as unknown pursuant to Article 20 (6) of the Resident Registration Act: Provided, That cases where the actual place of residence of the infant or young child is known shall be excluded; |
| (f) | Where a guardian of an infant or young child applies for suspension of subsidization of child home-care allowances, as any ground determined and publicly notified by the Minister of Education; |
| 2. | The month preceding the month in which the date the grounds for exclusion from eligibility for child home-care allowances arise falls. |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for persons eligible for child home-care allowances, the standards for provision thereof, etc. shall be determined and publicly notified by the Minister of Education. <Amended on Feb. 3, 2022; Jun. 25, 2024> |
[This Article Added on Jun. 4, 2019]
| Article 24 (Subsidization of Expenses) |
| (1) | The State or a local government shall fully or partially subsidize any of the following expenses, within budgetary limits pursuant to Article 36 of the Act: <Amended on Mar. 15, 2010; Dec. 8, 2011; Feb. 3, 2012; Dec. 4, 2013; Aug. 6, 2024> |
| 1. | Expenses incurred in establishing, expanding, reconstructing, improving, or repairing child care centers; |
| 2. | Personnel expenses for child care teachers and staff; |
| 3. | Expenses for teaching materials and aids; |
| 4. | Expenses for establishing and operating local child care support centers; |
| 5. | Expenses for employee education and training, such as refresher education; |
| 6. | Expenses for providing child care for the vulnerable, such as child care for disabled children; |
| 7. | Other expenses deemed necessary by the Minister of Education or the head of the relevant local government to operate child care centers, such as vehicle operating expenses. |
| (2) | Matters necessary for the method, etc. of subsidizing expenses specified in paragraph (1), shall be determined by the Minister of Education or the head of the relevant local government. <Amended on Mar. 15, 2010; Jun. 25, 2024> |
[This Article Wholly Amended on Jun. 30, 2009]
| Article 25 (Expenses to Be Borne by Business Proprietor) |
A business proprietor who has established a workplace child care center (including where at least two business proprietors jointly establish a workplace child care center) pursuant to Article 14 (1) of the Act or has concluded an outsourcing contract with a local child care center shall bear at least 50/100 of the expenses incurred in operating such child care center and in nursing infants and young children who receive outsourced child care, pursuant to Article 37 of the Act. <Amended on Jul. 9, 2010; Dec. 8, 2011> [This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Jul. 9, 2010]
| Article 25-2 (Procedures and Methods for Reporting Violations and Standards for Payment of Monetary Awards) |
| (1) | Articles 8, 8-2, 9, 9-2, and 10 of the Public Interest Whistleblower Protection Act shall apply mutatis mutandis to the procedures and methods for filing a report or complaint under Article 42-2 (1) of the Act. In such cases, "whistleblowing disclosure", "act detrimental to the public interest", "whistleblower", and the "Commission" shall be construed as "report or complaint", "violation", "person who files a report or complaint", and the "head of the relevant administrative agency or investigative agency", respectively. |
| (2) | Upon receipt of a report or complaint filed pursuant to Article 42-2 (1) of the Act, the head of the relevant administrative agency (excluding cases where the Minister of Education receives such report) or investigative agency shall notify such fact to the Minister of Education, or the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over child care centers to which a person on or against whom a report or complaint is filed belongs. <Amended on Jun. 25, 2024> |
| (3) | Upon receipt of a report or complaint under Article 42-2 (1) of the Act or notification under paragraph (2) of this Article, the Minister of Education, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify the details thereof, determine whether to grant monetary awards, and notify such fact to the person who files a report or complaint. <Amended on Jun. 25, 2024> |
| (4) | The Minister of Education or the Mayor/Do Governor or the head of a Si/Gun/Gu shall grant monetary awards to a person who files a report or complaint under paragraph (3) within 60 days from the date of notifying whether to grant monetary awards, according to the standards for payment of monetary awards referred to in Appendix 1-2. <Amended on Jun. 25, 2024> |
| (5) | Except as provided in paragraphs (1) through (4), matters regarding the procedures and methods for filing a report on or complaint against any violation and the methods, procedures, standards, etc. for paying monetary rewards shall be determined by the Minister of Education. <Amended on Jun. 25, 2024> |
[This Article Added on Jun. 4, 2019]
[Previous Article 25-2 moved to Article 25-3 <Jun. 4, 2019>]
| Article 25-3 (Imposition and Refund of Charges for Compelling Compliance) |
| (1) | The standards for imposing a charge for compelling compliance referred to in Article 44-3 (1) and (2) of the Act shall be as specified in Appendix 1-3. <Amended on Jun. 4, 2019; Oct. 29, 2019> |
| (2) | Where a disposition of imposition of a charge for compelling compliance is canceled in accordance with an administrative adjudication under the Administrative Appeals Act or a final and conclusive court decision, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall immediately suspend imposition or collection of the charge for compelling compliance either ex officio or upon request of the relevant business proprieter, and shall refund the charge for compelling compliance already collected. |
| (3) | When the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu refunds a charge for compelling compliance, pursuant to paragraph (2), he or she shall refund it by adding, thereto, an amount calculated by multiplying the period from payment to refund of the charge for compelling compliance, by the interest rate prescribed by Ministerial Decree of Education. <Amended on Jun. 25, 2024> |
| (4) | Detailed procedures for refunding charges for compelling compliance referred to in paragraph (2) shall be prescribed by Ministerial Decree of Education. <Amended on Jun. 25, 2024> |
[This Article Added on Sep. 15, 2015]
[Moved from Article 25-2; previous Article 25-3 moved to Article 25-4 <Jun. 4, 2019>]
| Article 25-4 (Criteria for Computing Penalty Surcharges) |
The amount of a penalty surcharge referred to in Article 45-2 of the Act shall be calculated by applying the criteria specified in Appendix 1-4, and by based upon standards for the disposition of suspension of operation determined by Ministerial Decree of Education, taking into account the type and seriousness of a violation. <Amended on Sep. 15, 2015; Jun. 4, 2019; Jun. 25, 2024> [This Article Added on Dec. 8, 2011]
[Moved from Article 25-3; previous Article 25-4 moved to Article 25-5 <Jun. 4, 2019>]
| Article 25-5 (Procedures for Imposing and Collecting Surcharges) |
| (1) | Where the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to impose a surcharge pursuant to Article 45-2 of the Act, he or she shall give written notice of the payment of a surcharge, specifically stating the type of violation, the amount of surcharge, etc. <Amended on Jun.2 5, 2024> |
| (2) | A person who receives notice under paragraph (1) shall pay a penalty surcharge to a collecting agency designated by the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu within 20 days from receipt of the notice. <Amended on Dec. 12, 2023; Jun. 25, 2024> |
| (3) | The collecting agency, in receipt of a surcharge pursuant to paragraph (2), shall issue a receipt to the payer and notify, without delay, such fact to the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu. <Amended on Jun. 25, 2024> |
| (4) | Deleted. <Sep. 24, 2021> |
| (5) | Details of the procedures for collecting surcharges shall be prescribed by Ministerial Decree of Education. <Amended on Jun. 25, 2024> |
[This Article Added on Dec. 8, 2011]
[Moved from Article 25-4; previous Article 25-5 moved to Article 25-6 <Jun. 4, 2019>]
| Article 25-6 (Scope, Frequency, and Timing of Public Announcement of Information on Child Care Centers) |
| (1) | "Matters prescribed by Presidential Decree" in Article 49-2 (1) 6 of the Act means the following: <Amended on Sep. 15, 2015; Mar. 30, 2021> |
| 1. | Matters on completion of refresher education for principals of child care centers referred to in Article 23 of the Act and such education for child care teachers referred to in Article 23-2 of the Act; |
| (2) | The scope, frequency, and timing of public announcements of information to be made by principals of child care centers pursuant to Article 49-2 (1) of the Act (hereinafter referred to as "publicly-announced information") shall be as specified in Appendix 1-5. <Amended on Sep. 15, 2015; Jun. 4, 2019> |
[This Article Added on Dec. 4, 2013]
[Moved from Article 25-5; previous Article 25-6 moved to Article 25-7 <Jun. 4, 2019>]
| Article 25-7 (Methods of Public Announcement of Information on Child Care Centers) |
| (1) | The Minister of Education shall establish and operate an information disclosure system through the information and communications network (hereinafter referred to as "information disclosure system") to systematically manage and promptly search for the public information. <Amended on Jun. 25, 2024> |
| (2) | Principals of child care centers shall publish publicly-announced information through the information disclosure system pursuant to Article 49-2 (1) of the Act. |
| (3) | Where the principle of a child care center submits publicly-announced information to the Minister of Education, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of the relevant Si/Gun/Gu pursuant to the latter part, with the exception of the subparagraphs, of Article 49-2 (1) of the Act, he or she shall not submit any publicly-announced information inconsistent with the publicly-announced information published through the information disclosure system pursuant to paragraph (2). <Amended on Sep. 15, 2015; Jun. 25, 2024> |
| (4) | Except as provided in Article 25-6 and paragraphs (1) through (3) of this Article, matters necessary for publishing the publicly-announced information shall be determined by the Minister of Education. <Amended on Sep. 15, 2015; Jun. 4, 2019; Jun. 25, 2024> |
[This Article Added on Dec. 4, 2013]
[Moved from Article 25-6; previous Article 25-7 moved to Article 25-8 <Jun. 4, 2019>]
| Article 25-8 (Violations to Be Publicized) |
| (1) | "Matters prescribed by Presidential Decree" under the main clause, with the exception of the subparagraphs, of Article 49-3 (1) of the Act means the types and addresses of child care centers referred to in Article 10 of the Act. <Amended on Sep. 15, 2015> |
| (2) | "Matters prescribed by Presidential Decree" in Article 49-3 (2) of the Act means the following: <Amended on Sep. 15, 2015; Jun. 4, 2019> |
| 1. | The name and address of a child care center to which the person subject to publication referred to in Article 25-9 (2) belonged when he or she committed the violation; |
| 2. | Details of the violation; |
| 3. | Details of an administrative disposition. |
[This Article Added on Dec. 4, 2013]
[Moved from Article 25-7; previous Article 25-8 moved to Article 25-9 <Jun. 4, 2019>]
| Article 25-9 (Procedures and Methods for Publication) |
| (1) | Deleted; <Sep. 15, 2015> |
| (2) | Where the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu publicizes violations pursuant to Article 49-3 (1) of the Act, he or she shall give written notice to the representative, principal, or child care teacher of a child care center determined to be publicized (hereinafter referred to as "person subject to publication") of the fact that he or she is subject to publication, and provide him or her with an opportunity to state his or her opinion. <Amended on Sep. 15, 2015; Jun. 25, 2024> |
| (3) | Where the Minister of Education, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu receives opinion from a person subject to publication pursuant to paragraph (2), he or she shall verify whether such person's violations are subject to publication and determine whether to publicize such violations. <Amended on Sep. 15, 2015; Jun. 25, 2024> |
| (4) | Where the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu publicizes violations pursuant to Article 49-3 of the Act, he or she shall do so on the website of the relevant agency during either of the following periods, and may also do so through the information disclosure system or on the website of a child care-related institution, such as child care support center: <Amended on Jun. 25, 2024> |
| 1. | Violations causing either closure of a child care center pursuant to Article 45 of the Act or revocation of qualifications for the principal or a child care teacher of a child care center pursuant to Article 48 of the Act: Three years; |
| 2. | Violations causing suspension of operation of a child care center pursuant to Article 45 of the Act (including where a surcharge is imposed in lieu of suspension of operation thereof pursuant to Article 45-2 of the Act), suspension of qualifications for the principal of a child care center pursuant to Article 46 of the Act, or suspension of qualifications for a child care teacher pursuant to Article 47 of the Act: The relevant period for suspension of operation (referring to the period for suspension of operation which has been substituted by the imposition of a surcharge, if the surcharge is imposed in lieu of suspension of operation pursuant to Article 45-2 of the Act), or a period corresponding to twice the period for suspension of qualifications (or six months, if such period is less than six months). |
| (5) | Where deemed necessary to make an additional publication because a violation subject to publication is serious or repeated, etc., the Minster of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu may additionally publicize such violation through a newspaper under the Act on the Promotion of Newspapers or through broadcasting under the Broadcasting Act, in addition to the publication pursuant to paragraph (4) during the relevant period referred to in paragraph (4). <Amended on Jun. 25, 2024> |
| (6) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu has publicized a violation pursuant to paragraph (4) or (5), the former shall notify, without delay, such fact to the Minister of Education and the latter, to the Minister through the relevant Mayor/Do Governor. <Amended on Jun. 25, 2024> |
| (7) | Except as provided in paragraphs (2) through (6), matters necessary for the procedures, etc. for publication shall be determined by the Minister of Education. <Amended on Jun. 4, 2019; Jun. 25, 2024> |
[This Article Added on Dec. 4, 2013]
| Article 26 (Delegation of Authority) |
| (1) | The Minister of Education shall delegate the following authority to a Mayor/Do Governor pursuant to Article 51 of the Act: <Amended on Mar. 15, 2010; Feb. 3, 2012; Jun. 29, 2012; Feb. 11, 2014; Dec. 7, 2021; Jun. 25, 2024> |
| 1. | Authority relating to implementation of refresher education referred to in Articles 23 (1) and 23-2 (1) of the Act; |
| 2. | Authority relating to orders to receive education referred to in Article 23-3 of the Act; |
| 3. | Authority relating to the designation, re-designation, and cancellation of designation of public child care centers prescribed in Articles 30-2 and 30-3 of the Act. |
| (2) | The Minister of Education shall delegate the following authority to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu pursuant to Article 51 of the Act: <Amended on Mar. 15, 2010; Dec. 8, 2011; Feb. 3, 2012; Jun. 4, 2019; Jun. 25, 2024> |
| 1. | Authority to suspend qualifications of principals of child care centers referred to in Article 46 of the Act; |
| 2. | Authority to suspend qualifications of child care teachers referred to in Article 47 of the Act; |
| 3. | Authority to revoke qualifications of principals or child care teachers of child care centers referred to in Article 48 of the Act. |
| (3) | Deleted. <Feb. 3, 2012> |
| (4) | Deleted. <Feb. 3, 2012> |
[This Article Wholly Amended on Jun. 30, 2009]
[Title Amended on Feb. 3, 2012]
| Article 26-2 (Entrustment of Affairs) |
| (1) | The Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust affairs specified in Article 51-2 (1) 1 through 4 of the Act to any of the following institutions, organizations, etc. pursuant to Article 51-2 (1) of the Act: Provided, That an institution, organization, etc., referred to in subparagraphs 3 and 4 may be entrusted with only the affairs specified in Article 51-2 (1) 3 of the Act: <Amended on Dec. 4, 2013; Jun. 25, 2024> |
| 3. | A child care support center referred to in Article 7 of the Act; |
| 4. | Educational and training facilities referred to in Article 21 (2) 2 of the Act; |
| 5. | Other non-profit corporation or organization related to child care. |
| (2) | The Minister of Education may entrust any of the following affairs, among affairs specified in Article 51-2 (1) 5 of the Act, to a public organization or institution related to social welfare services defined in subparagraph 6 of Article 2 of the Social Welfare Services Act, pursuant to Article 51-2 (1) of the Act: <Amended on Jun. 25, 2024> |
| 1. | Providing and managing vouchers for child care services; |
| 2. | Processing and settling expenses relating to amounts spent on vouchers for child care services; |
| 3. | Establishing and operating a computer system designed to conduct affairs related to vouchers for child care services; |
| 4. | Other affairs incidental to vouchers for child care services, as determined by the Minister of Education. |
| (3) | Where the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu entrusts affairs pursuant to paragraph (1) or (2), he or she shall first publicly announce the standards, procedures, method, etc., for outsourcing on the bulletin board or website of an institution entrusted with such affairs. <Amended on Jun. 25, 2024> |
| (4) | Where the Minister of Education, a Mayor/Do Governor, or the head of a Si/Gun/Gu has entrusted affairs pursuant to paragraph (1) or (2), he or she shall notify an institution, organization, etc., outsourced with such affairs (hereafter in this Article referred to as "outsourcing institution") and details of the entrusted affairs, or shall publicly announce such fact on the bulletin board or website of an entrusting agency. <Amended on Jun. 25, 2024> |
| (5) | "Where any other cause prescribed by Presidential Decree exists" in Article 51-2 (3) 3 of the Act means any of the following: <Amended on Jun. 29, 2012; Sep. 15, 2015; jun. 25, 2024> |
| 1. | Where an outsourcing institution becomes bankrupt or is dissolved; |
| 2. | Where an outsourcing institution no longer satisfies the standards for entrustment referred to in paragraph (3); |
| 3. | Where an outsourcing institution entrusted with affairs specified in Article 51-2 (1) 3 of the Act conducts refresher education, in violation of the curriculum of refresher education referred to in Articles 23 (4) and 23-2 (3) of the Act and matters on the period, method, etc., of refresher education prescribed by Ministerial Decree of Education pursuant to Articles 23 (5) and 23-2 (4) of the Act; |
| 4. | Where an outsourcing institution entrusted with affairs specified in Article 51-2 (1) 3 of the Act conducts refresher education for, and issues a certificate to, a person unqualified to conduct such education, or issues a certificate to a person failing to meet the standards for recognizing completion of such education. |
| (6) | Matters necessary for application procedures and documents for entrustment of affairs, selection of outsourcing institutions, etc., shall be prescribed by Ministerial Decree of Education. <Amended on Jun. 25, 2024> |
[This Article Added on Feb. 3, 2012]
[Previous Article 26-2 moved to Article 26-3 <Feb. 3, 2012>]
| Article 26-3 (Processing of Sensitive and Personally Identifiable Information) |
| (1) | If unavoidable to conduct the following affairs, the Minister of Education (including persons delegated or entrusted with authority of the Minister of Education under Article 26 or 26-2) or the head of a local government (including persons delegated or entrusted with relevant authority, if any) may process health information referred to in Article 23 of the Personal Information Protection Act, information that constitutes criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers, passport numbers, or alien registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the same Decree: <Amended on Jun. 4, 2019; Dec. 7, 2021; Jun. 25, 2024> |
| 1. | Affairs concerning establishment, operation, entrustment, or cancellation of entrustment of child care support centers referred to in Article 7 of the Act; |
| 2. | Affairs concerning research, and provision of information, on child care referred to in Article 8 of the Act; |
| 3. | Affairs concerning fact-finding surveys on child care referred to in Article 9 of the Act; |
| 4. | Affairs concerning authorization for establishment or modification of child care centers referred to in Articles 13 and 14 of the Act; |
| 5. | Affairs concerning management of appointment, dismissal, career, etc., of child care teachers and staff referred to in Article 19 of the Act; |
| 6. | Affairs concerning qualification examinations for principals or child care teachers of child care centers referred to in Article 21 of the Act, and issuance of qualification certificates referred to in Article 22 of the Act; |
| 7. | Affairs concerning designation, cancellation of the designation, of educational and training facilities, operation of curricula, etc., referred to in Article 21 (2) 2 of the Act; |
| 8. | Affairs concerning refresher education referred to in Articles 23 and 23-2 of the Act; |
| 9. | Affairs concerning orders to receive education referred to in Article 23-3 of the Act; |
| 10. | Affairs concerning entrusted operation, etc., of national or public child care centers referred to in Article 24 of the Act; |
| 11. | Affairs concerning operation of parental monitoring groups referred to in Article 25-2 of the Act; |
| 12. | Affairs concerning provision of, and support for, part-time child care services referred to in Article 26-2 of the Act; |
| 13. | Affairs concerning management of infants and young children eligible to use child care centers referred to in Article 27 of the Act; |
| 14. | Affairs concerning preferential provision of child care referred to in Article 28 of the Act; |
| 15. | Affairs concerning development, proliferation, etc., of standard child care courses referred to in Article 29 of the Act; |
| 16. | Affairs concerning evaluation of child care centers referred to in Article 30 of the Act; |
| 16-2. | Affairs concerning designation and re-designation of quasi-public child care center and its revocation referred to in Articles 30-2 and 30-3 of the Act; |
| 17. | Affairs concerning free child care referred to in Article 34 of the Act; |
| 18. | Affairs concerning subsidization for home-care expenses referred to in Article 34-2 of the Act; |
| 19. | Affairs concerning provision and use of coupons for child care services referred to in Article 34-3 of the Act; |
| 20. | Affairs concerning subsidization for expenses of child care services referred to in Article 36 of the Act; |
| 21. | Affairs concerning refund of expenses and subsidies referred to in Article 40 of the Act; |
| 22. | Affairs concerning recovery of subsidies for expenses referred to in Article 40-2 of the Act; |
| 23. | Affairs concerning closure, suspension, resumption, etc., of the operation of child care centers referred to in Article 43 of the Act; |
| 24. | Affairs concerning orders for rectification or modification referred to in Article 44 of the Act; |
| 25. | Affairs concerning suspension of operation, and closure, of child care centers referred to in Article 45 of the Act; |
| 26. | Affairs concerning the imposition and collection of surcharges referred to in Article 45-2 of the Act; |
| 27. | Affairs concerning suspension or revocation of qualifications for principals or child care teachers of child care centers referred to in Articles 46 through 48 of the Act; |
| 28. | Affairs concerning public announcement of information on child care centers referred to in Article 49-2 of the Act; |
| 29. | Affairs concerning publication of violations referred to in Article 49-3 of the Act. |
| (2) | If unavoidable to conduct affairs concerning a fact-finding survey on performance of duties, such as the establishment of workplace child care centers, under Article 14-2 of the Act, the Minister of Education and the head of a survey agency may process data containing resident registration numbers, passport numbers, or alien registration numbers prescribed in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Added on Jun. 7, 2022; Jun. 25, 2024> |
| 1. | Affairs concerning inspection, etc., of video information referred to in Article 15-5 of the Act; |
| 2. | Affairs concerning appointment and dismissal of child care teachers and staff referred to in Article 19 (2) of the Act; |
| 3. | Affairs concerning management of infants and young children eligible to use child care centers referred to in Article 27 of the Act; |
| 4. | Affairs concerning preferential provision of child care referred to in Article 28 of the Act. |
| (4) | If unavoidable to conduct affairs concerning mutual aid business for safety of child care centers referred to in Article 31-2 (1) of the Act, a mutual aid association may process data containing resident registration numbers or alien registration numbers referred to in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, with the consent of the guardian of the relevant infant or young child, etc. <Amended on Sep. 15, 2015; Jun. 7, 2022> |
[This Article Wholly Amended on Dec. 30, 2014]
| Article 26-4 (Re-Examination of Regulation) |
The Minister of Education shall examine the appropriateness of the following matters every 3 years, counting from each base date specified in the following (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Sep. 15, 2015; Jun. 4, 2019; Mar. 8, 2022; Jun. 25, 2024>
| 1. | Standards for qualifications for counseling experts prescribed in Article 16: January 1, 2022; |
| 2. | Criteria for imposing charges for compelling compliance under Article 25-3 (1) and Appendix 1-3: January 1, 2022; |
| 3. | Criteria for computing penalty surcharges referred to in Article 25-4 and Appendix 1-4: January 1, 2015. |
[This Article Wholly Amended on Dec. 30, 2014]
| Article 27 (Criteria for Imposing Administrative Fines) |
The criteria for imposing administrative fines referred to in Article 56 (1) through (3) of the Act shall be as specified in Appendix 2. <Amended on Dec. 6, 2022> [This Article Wholly Amended on Apr. 22, 2011]
ADDENDA <Presidential Decree No. 18691, Jan. 29, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 30, 2005: Provided, That the amended provisions of Article 20 (1) shall enter into force on January 30, 2006. Article 2 (Transitional Measures concerning Entrustment with Operation Affairs of Nursery Information Centers)
Operational affairs of nursery information centers entrusted under the former provisions as at the time this Decree enters into force, shall be deemed entrusted under this Decree. In such cases, the Minister of Women, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall publicly announce the details of entrusted institutions and affairs pursuant to Article 16 (1) of this Decree. Article 3 (Transitional Measures concerning Standards for Qualifications for Heads of Nurseries)
| (1) | A person who majors in a department related to early childhood education or child welfare prescribed by Ministerial Decree of Women pursuant to Article 9 (2) 1 of the amended Child Care Act (Act No. 7186) (hereinafter referred to as the "former Act") at a graduate school referred to in Article 29 of the Higher Education Act as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery after registering at least a master's degree with the Ministry of Education and Human Resources. |
| (2) | A person who majors in a department related to early childhood education or child welfare prescribed by Ministerial Decree of Women pursuant to Article 9 (2) 1 of the former Act at a junior college referred to in Article 47 of the Higher Education Act or at a school at least equivalent to as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery for fewer than 40 infants and young children after graduating from such college or school. |
| (3) | A person taking specified educational courses at educational and training facilities prescribed by Ministerial Decree of Women pursuant to Article 9 (2) 2 of the former Act as at the time this Decree enters into force shall be deemed qualified as the head of a nursery under this Decree, if he/she establishes a nursery for fewer than 40 infants and young children after completing such educational courses. |
Article 4 (Transitional Measures concerning Qualifications for Child Care Teachers)
| (1) | Qualifications for Grade I and II child care teachers granted under the former provisions as at the time this Decree enters into force shall be deemed granted as such under this Decree. |
| (2) | Qualifications for a Grade I child care teacher under this Decree shall be recognized for a person who majors in a department referred to in Article 9 (2) 1 of the former Act as at the time this Decree enters into force and graduates from such department; and those for a Grade II child care teacher under this Decree shall be recognized for a person who takes educational courses referred to in Article 9 (2) 2 of the former Act as at the time this Decree enters into force and completes such courses. |
Article 5 (Relationship with Other Statutes)
A citation of any former provisions in any other Act or subordinate statute as at the time this Decree enters into force shall be deemed a citation of the corresponding provisions of this Decree in lieu of the former provisions, if such corresponding provision exists herein.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 19446, Apr. 13, 2006>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 shall enter into force on December 30, 2006. |
| (2) | (Transitional Measures concerning Establishment of Nursery Operating Committees) A nursery falling under the amended provisions of Article 21-2 as at the time this Decree enters into force shall establish a nursery operating committee within three months from the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 21396, Mar. 31, 2009>
This Decree shall enter into force on April 1, 2009.
ADDENDA <Presidential Decree No. 21585, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009.
Article 2 (Support for Establishment of Mutual Aid Association)
The Minister of Health and Welfare may establish and operate a committee to support establishment of a mutual aid association for safety of nurseries in order to handle affairs necessary for supporting establishment of a mutual aid association, such as preparation of the articles of association and mutual aid by-laws, composition of promoters, etc.
Article 3 (Transitional Measures concerning Free Child Care)
The former provisions shall apply to persons eligible for free child care as at the time this Decree enters into force, notwithstanding the amended provisions of Article 22 (1).
ADDENDA <Presidential Decree No. 21765, Oct. 1, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21956, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Article 2 (Transitional Measures)
Where a person in receipt of subsidies for home-care allowances as at the time this Decree enters into force, is made ineligible for subsidization for home-care allowances due to the application of the amended provisions of Article 21-6 (2) 1, he/she shall be deemed eligible for subsidization for home-care allowances for six months from the date this Decree enters into force by applying the former provisions.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 22263, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22395, Sep. 20, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
ADDENDUM <Presidential Decree No. 22629, Jan. 20, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22906, Apr. 22, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 23192, Sep. 30, 2011>
This Decree shall enter into force on March 1, 2012.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011: Provided, That Article 2 (35) of the Addenda shall enter into force on February 5, 2012, and the amended provisions of Appendix 1 shall enter into force on March 1, 2014.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 23618, Feb. 3, 2012>
This Decree shall enter into force on February 5, 2012.
ADDENDA <Presidential Decree No. 23644, Feb. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That ㆍㆍㆍ (omitted.)ㆍㆍㆍthe amended provisions of Articles 2 and 3 of the Addenda shall enter into force on July 22, 2012.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
ADDENDA <Presidential Decree No. 23909, Jun. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2012.
Article 2 (Special Cases concerning Fact-Finding Survey on Performance of Duty to Establish Workplace Child Care Centers, etc.)
Notwithstanding the amended provisions of Article 20-3 (1) and (2), a fact-finding survey to assess performance of duties for 2012 shall be conducted based on September 30, 2012, and the head of a research institution shall notify the results thereof to the Minister of the Health and Welfare by not later than November 30, 2012. Article 3 (Transitional Measures concerning Organization of Local Child Care Policy Committees)
A local child care policy committee organized under the former provisions as at the time this Decree enters into force shall be deemed organized under the amended provisions of Article 6 (3): Provided, That where a member is newly commissioned or appointed, the amended provisions of Article 6 (3) shall apply.
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24397, Feb. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 1, 2013.
Article 2 (Special Cases concerning Expenses for Free Child Care)
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24904, Dec. 4, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 5, 2013.
Article 2 (Special Cases concerning Public Announcement of Information)
Notwithstanding the amended provisions of Appendix 1-3, the first public announcement after this Decree enters into force may be made by December 31, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25164, Feb. 11, 2014>
This Decree shall enter into force on February 14, 2014.
ADDENDUM <Presidential Decree No. 25929, Dec. 30, 2014>
This Decree shall enter into force on January 1, 2015.
ADDENDA <Presidential Decree No. 26525, Sep. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 19, 2015: Provided, That the amended provisions of Article 25-2 and Appendix 1-2 shall enter into force on January 1, 2016. Article 2 (Transitional Measures concerning Criteria for Computing Surcharges)
The former provisions shall apply to surcharges imposed for violations committed before this Decree enters into force, notwithstanding the amended provisions of Appendix 1-3.
ADDENDUM <Presidential Decree No. 26703, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27252, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016.
ADDENDUM <Presidential Decree No. 27732, Dec. 30, 2016>
This Decree shall enter into force on January 1, 2017.
ADDENDA <Presidential Decree No. 28132, Jun. 20, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Qualification for Heads of Child Care Support Centers)
The previous provisions shall apply to the head of a child care support center as at the time this Decree enters into force until such head leaves the position, notwithstanding the amended provisions of Article 14 (1).
ADDENDA <Presidential Decree No. 28628, Feb. 9, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 9, 2018.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 21, 2018.
ADDENDA <Presidential Decree No. 29805, Jun. 4, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 12, 2019: Provided, That the amended provisions of Articles 13, 21-3, 21-8 through 21-10, 23-2, and 26-3 (1) 12 shall enter into force on the date of its promulgation, and the amended provisions of Article 19-2 shall enter into force on June 25, 2019. Article 2 (Applicability to Cancellation of Designation of Part-Time Child Care Services Providers)
The amended provisions of subparagraphs 3 through 6 of Article 21-3 shall begin to apply to cases where a ground for cancellation of designation arises after this Decree enters into force.
ADDENDA <Presidential Decree No. 30171, Oct. 29, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2019.
Article 2 (Applicability to Standards for Imposing Charges for Compelling Execution)
| (1) | The number of dispositions of imposing charges for compelling execution under the amended provisions of subparagraph 1 (a) of Appendix 1-3 shall be calculated from the imposition of charges for compelling compliance received after this Decree enters into force. |
| (2) | The amended provisions of subparagraph 1 (b) of Appendix 1-3 shall begin to apply to cases of responding to a fact-finding survey on performance of duties by fraud or other improper means after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 31380, Jan. 5, 2021>
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 31513, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31576, Mar. 30, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2021. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32014, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 32189, Dec. 7, 2021>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 26 (1) and 26-3 (1) shall enter into force on December 9, 2021.
ADDENDA <Presidential Decree No. 32385, Feb. 3, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Provision of Child Home-Care Allowances)
The amended provisions of Article 23-2 (4) shall also apply to cases where an application for provision of child home-care allowances was filed before this Decree enters into force and the provision thereof is not determined as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 32528, Mar. 8, 2022>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 32627, May 9, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 21, 2022.
ADDENDUM <Presidential Decree No. 32672, Jun. 7, 2022>
This Decree shall enter into force on June 22, 2022.
ADDENDA <Presidential Decree No. 32686, Jun. 7, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 3 of these Addenda shall enter into force on January 1, 2023.
ADDENDUM <Presidential Decree No. 33024, Dec. 6, 2022>
This Decree shall enter into force on December 11, 2022.
ADDENDUM <Presidential Decree No. 33913, Dec. 12, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 34044, Dec. 26, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 34591, Jun. 25, 2024>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 27, 2024.
ADDENDUM <Presidential Decree No. 34670, Jul. 9, 2024>
This Decree shall enter into force on July 24, 2024; Provided, That the amended provisions of Articles 7 (1), 10-4, 11, 20-6, and 20-7 shall enter into force on July 10, 2024.
ADDENDUM <Presidential Decree No. 34786, Aug. 6, 2024>
This Decree shall enter into force on August 7, 2024: Provided, That the amended provisions of Article 24 (1) 2 shall enter into force on August 14, 2024.