Law Viewer

Back Home

ENFORCEMENT DECREE OF THE ACT ON THE GUARDIANSHIP OF MINORS IN PROTECTIVE FACILITIES

Presidential Decree No. 29706, Apr. 23, 2019

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on the Guardianship of Minors in Protective Facilities and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Nov. 19, 2014]
 Article 2 (Scope of child welfare facilities)
“Facilities prescribed by Presidential Decree” in subparagraph 1 a of Article 2 of the Act on the Guardianship of Minors in Protective Facilities (hereinafter referred to as the "Act") means the following facilities:
2. Integrated facilities under Article 52 (2) of the Child Welfare Act (limited to cases where facilities under subparagraph 1 are included).
[This Article Wholly Amended on Nov. 19, 2014]
 Article 3 (Designation of guardians)
(1) A person seeking designation as the guardian of a minor in a protective facility established and operated by a person other than the State or a local government under Article 3 (2) and (3) of the Act, shall submit an application using Form 1 (including an application in electronic form) to a Special Self-Governing City Mayor or the head of a Si (including the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of the relevant protective facility, together with a certificate of family relations for the relevant minor (excluding those without such certificate).
(2) Upon designating a guardian in response to an application under paragraph (1), a Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall deliver a notice of designation of a guardian in Form 1-2 (including a notice in electronic form) to the person designated as a guardian and the head of a protection facility. <Added on Apr. 23, 2019>
(3) A person who intends to obtain the court's permission under Article 3 (3) of the Act shall submit an application using Form 2 (including an application in electronic form) to the court having jurisdiction over the location of the relevant protective facility, along with a notice of designation of a guardian (limited to those in protective facilities established and operated by a person, other than the State or a local government) and a certificate of family relations for the relevant minor (excluding those without such certificate) received from a Special Self-Governing City Mayor or the head of a Si/Gun/Gu under paragraph (2). <Amended on Apr. 23, 2019>
[This Article Wholly Amended on Nov. 19, 2014]
 Article 4 (Public announcement of ascertainment of person obligated to provide support)
(1) Upon being designated as a guardian or obtaining the court’s permission to designate a guardian under Article 3 of the Act, the head of a protective facility shall submit 2 copies of the public announcement in Form 3 to a Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant protective facility under the main clause of Article 4 (1) of the Act within 20 days from the date of designation or permission to request a public announcement of ascertainment of a person obligated to provide support.
(2) “Period prescribed by Presidential Decree” in Article 4 (2) of the Act means 15 days.
[This Article Wholly Amended on Nov. 19, 2014]
ADDENDUM <Presidential Decree No. 16886, Jul. 1, 2000>
This Decree shall enter into force on July 13, 2000.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 19507, Jun. 12, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22151, May 4, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on May 5, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22467, Nov. 2, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on August 5, 2012.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 25739, Nov. 19, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 29706, Apr. 23, 2019>
This Decree shall enter into force 1 month after the date of its promulgation.