CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to improve the quality of life of family members through the enhancement of the welfare of children and the reconciliation of work and family life of their guardians and to create a more child-rearing-friendly social environment by supporting the child care of each family.
The terms used in this Act are defined as follows: <Amended on May 19, 2020; Apr. 22, 2025>
| 1. | The term "child" means a child of 12 years of age or below; |
| 2. | The term "guardian" means a person with parental authority, a custodian, or any other person, who actually protects a child; |
| 3. | The term "child care service" means the service that is individually provided for the protection, rearing, etc. of a child at his or her residence; |
| 4. | The term "child care provider" means a person who provides child care services and has obtained the qualifications under Article 7; |
| 5. | The term "child care helper" means a person who provides child care services without obtaining the qualifications for child care providers under Article 7; |
| 6. | The term "child care service agency" means a child care service agency designated pursuant to Article 11 or registered pursuant to Article 11-2. |
| Article 3 (Principle of child care support) |
| (1) | The State and local governments shall support child care by putting the best interests of the children first. |
| (2) | The support for child care under paragraph (1) shall be provided so as to satisfy diverse demands of guardians. |
| Article 4 (Support from the State) |
The State and local governments shall support guardians to fulfill their responsibility for the child care.
| Article 4-2 (Formulation of master plans) |
| (1) | The Minister of Gender Equality and Family shall formulate a master plan for supporting child care (hereinafter referred to as "master plan") every 5 years, in consultation with the heads of related central administrative agencies. In such case, the master plan may be formulated as a part of the master plan for healthy family referred to in Article 15 of the Framework Act on Healthy Family. <Amended on Oct. 1, 2025> |
| (2) | Where necessary for formulating a master plan, the Minister of Gender Equality and Family may request the heads of related agencies to submit data therefor. In such case, the heads of agencies in receipt of request shall comply therewith, in the absence of good cause. <Amended on Oct. 1, 2025> |
[This Article Added on May 19, 2020]
CHAPTER II DUTIES OF CHILD CARE PROVIDERS
| Article 5 (Duties and responsibilities of child care providers) |
| (1) | A child care provider shall perform the duties of protecting and caring for children in accordance with the standards determined by the Minister of Gender Equality and Family. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (2) | A child care provider shall perform the following duties: <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| 1. | Transporting a child to a medical institution in the event of illness, injury, etc.; |
| 2. | Providing safe and nutritionally balanced meals and snacks; |
| 3. | Maintaining the cleanliness and hygiene of the child; |
| 4. | Other matters prescribed by Decree of the Ministry of Gender Equality and Family. |
| (3) | A child care provider shall not inflict any physical pain or mental distress, including shouting or abusive language, on a child while performing his or her duties. <Amended on May 19, 2020; Apr. 22, 2025> |
| (4) | A child care provider shall fulfill the duty of care as prescribed by Decree of the Ministry of Gender Equality and Family to protect the life and safety of a child and to prevent danger while performing his or her duties. <Added on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| (5) | A child care provider shall respect the guardian's child-rearing policy, and consult with the guardian regarding emergency measures, etc. <Amended on May 19, 2020; Apr. 22, 2025> |
[Title Amended on May 19, 2020; Apr. 22, 2025]
| Article 6 (Grounds for disqualification) |
| (1) | None of the following persons shall be eligible as a child care provider: <Amended on Dec. 1, 2015; Mar. 2, 2016; May 19, 2020; Apr. 22, 2025> |
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A mentally ill person; |
| 3. | A person addicted to narcotics, hemp, or psychotropic drugs; |
| 4. | Deleted; <Apr. 29, 2025> |
| 5. | A person for whom 3 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including cases where such execution is deemed completed) or exempted; |
| 6. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court; |
| 7. | A person for whom 10 years have not passed since the sentence of punishment or medical treatment and custody declared by a court by reason of committing an offense prescribed in Article 71(1) of the Child Welfare Act in violation of Article 17 of that Act, a sexual crime as defined in Article 2 of the Act on Special Cases concerning the Punishment of Sexual Crimes, or a sex offense against a child or youth as defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses, was completely executed in whole or in part, or the execution was suspended or exempted; |
| 7-2. | A person for whom 20 years have not passed since his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, was completely executed or exempted; |
| 7-3. | A person for whom 20 years have not passed since the suspension of execution of his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime as defined in subparagraph 7-2 of Article 3 of the Child Welfare Act became final; |
| 7-4. | A person for whom 10 years have not passed since his or her sentence of a fine became final; |
| 8. | A person whose qualification is suspended under Article 32; |
| 9. | A person for whom 2 years have not passed since his or her qualification was revoked under Article 33. |
| (2) | No person who falls under any of paragraph (1)1 through 7, and subparagraphs 7-2 through 7-4 of paragraph (1) shall serve as a child care helper in a child care service agency registered under Article 11-2. <Added on Apr. 22, 2025> |
| (3) | The head of a metropolitan child care support center referred to in Article 10-4 shall not permit any person falling under any of the subparagraphs of paragraph (1) to serve as a child care provider. <Added on Apr. 22, 2025> |
| (4) | The head of a child care service agency registered pursuant to Article 11-2 shall not permit any person falling under any of the subparagraphs of paragraph (1) to serve as a child care provider, nor shall the head permit any person falling under any of subparagraphs 1 through 7 and 7-2 through 7-4 of that paragraph to serve as a child care helper. <Added on Apr. 22, 2025> |
[Title Amended on Apr. 20, 2025]
| Article 6-2 (Criminal background checks for verification of grounds for disqualification) |
| (1) | The Minister of Gender Equality and Family Affairs may, with the consent of a person who intends to become a child care provider, request a criminal background check under Article 6 of the Act on the Lapse of Criminal Sentences from the commissioner of a City/Do police agency or the chief of a police station having jurisdiction over the person's place of residence, in order to verify whether the person falls under any of the grounds for disqualification listed in Article 6(1)5 through 7 and subparagraphs 7-2 through 7-4. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (2) | The Minister of Gender Equality and Family may, with the consent of a person who intends to serve as a child care provider or child care helper in a metropolitan child care support center under Article 10-4 or a child care service agency registered under Article 11-2, request a criminal background check under Article 6 of the Act on the Lapse of Criminal Sentences from the commissioner of a City/Do police agency or the chief of a police station having jurisdiction over the person's place of residence, in order to verify whether the person falls under any of the grounds for disqualification listed in Article 6(1)5 through 7 and subparagraphs 7-2 through 7-4; provided, if the person submits a criminal background check report directly to the metropolitan child care support center under Article 10-4 or the child care service agency registered under Article 11-2, such submission shall be deemed equivalent to having undergone a criminal background check. <Added on Apr. 22, 2025; Oct. 1, 2025> |
| (3) | Upon receipt of a request for a criminal background check under paragraphs (1) and (2), the commissioner of a City/Do police agency or the chief of a police station shall comply with such request, unless there is good cause. <Amended on Apr. 22, 2025> |
| (4) | Upon receipt of a request for a criminal background check referred to in paragraphs (1) and (2), the commissioner of a City/Do police agency or the chief of a police station shall notify only whether the relevant child care service provider or child care helper falls under any ground for disqualification prescribed in Article 6(1)5 through 7 and subparagraphs 7-2 through 7-4. <Added on Apr. 22, 2025> |
| (5) | Matters necessary for the methods and procedures for requesting criminal background checks, notifications, etc. under paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Added on Apr. 22, 2025; Oct. 1, 2025> |
[This Article Added on May 19, 2020]
| Article 7 (Qualifications of child care providers) |
| (1) | The Minister of Gender Equality and Family shall grant qualifications as a child care provider to any person who falls under any of the following subparagraphs and has taken an aptitude and personality test conducted by the Minister of Gender Equality and Family: <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| 1. | A person who has completed an educational course offered by an educational institution under Article 9; |
| 2. | A person who possesses specific qualifications prescribed by Presidential Decree. |
| (2) | The educational course under paragraph (1)1 shall include the following content; provided, the content of the course may be determined differently for persons who possess specific qualifications prescribed by Decree of the Ministry of Gender Equality and Family: <Added on May 19, 2020; Dec. 27, 2022; Apr. 22, 2025; Oct. 1, 2025> |
| 1. | Education on children's rights and the prevention of child abuse; |
| 2. | Education for child safety management; |
| 3. | Education on the prevention of sexual harassment; |
| 4. | Education on character development for child care providers; |
| 5. | Education on understanding and improving awareness of children with disabilities; |
| 6. | Other matters prescribed by Decree of the Ministry of Gender Equality and Family. |
| (3) | Deleted. <Apr. 22, 2025> |
| (4) | Deleted. <Apr. 22, 2025> |
| (5) | The Minister of Gender Equality and Family may designate a public institution prescribed by Presidential Decree as an exclusive agency for the management of qualifications of child care providers to efficiently perform such management. <Added on Apr. 22, 2025; Oct. 1, 2025> |
| (6) | The Government may, within the budget, contribute all or part of the expenses included in the projects and operation of the exclusive agency for the management of qualifications of child care providers. <Added on Apr. 22, 2025> |
| (7) | The Minister of Gender Equality and Family may issue a child care provider qualification certificate (including reissuance; hereinafter the same shall apply) to a person who has obtained the qualification. In such cases, the Minister of Gender Equality and Family may require any person who intends to obtain such certificate to pay a fee as prescribed by Decree of the Ministry of Gender Equality and Family. <Added on Apr. 22, 2025; Oct. 1, 2025> |
| (8) | Matters necessary for the educational course and the aptitude and personality test for child care providers under paragraph (1), the issuance of a child care provider qualification certificate under paragraph (7), etc. shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
[Title Amended on Apr. 20, 2025]
| Article 8 (Prohibition of name lending) |
| (1) | No child care provider shall lend his or her qualification certificate issued under Article 7 to another person, or allow another person to perform qualification-related affairs using his or her name. <Amended on Apr. 22, 2025> |
| (2) | No person other than a child care provider under this Act shall use the name "child care provider" or any other name similar thereto. <Amended on Apr. 22, 2025> |
| (3) | No person shall borrow a child care provider qualification certificate, or arrange the lending thereof. <Added on Apr. 22, 2025> |
| Article 9 (Designation of educational institutions) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall designate and operate facilities meeting the designation standards prescribed by Decree of the Ministry of Gender Equality and Family as educational institutions for the training of child care providers. <Amended on Dec. 1, 2015; May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| (2) | If an educational institution falls under the following cases, the Mayor/Do Governor may order the suspension of its business or the revocation of its designation; provided, in cases falling under subparagraph 1, he or she shall revoke its designation: <Amended on Apr. 22, 2025> |
| 1. | Where it has been designated as an educational institution by fraud or other improper means; |
| 2. | Where it does not conform to the designation standards referred to in paragraph (1) any longer; |
| 3. | Where it fails to provide educational courses for at least 1 year without good cause. |
| (3) | The procedures for the designation of educational institutions under paragraph (1) and the specific standards, procedures for the dispositions, etc. under paragraph (2) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| Article 10 (Continuing education) |
| (1) | Child care providers shall regularly undergo continuing education conducted by the Minister of Gender Equality and Family in order to improve the quality and expertise of child care services. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (2) | No person who operates a child care service agency shall treat any child care provider of the agency unfavorably on the grounds of the continuing education under paragraph (1). <Added on Apr. 22, 2025> |
| (3) | The continuing education referred to in paragraph (1) shall include the matters specified in each subparagraph of Article 7(2). <Added on May 19, 2020; Apr. 22, 2025> |
| (4) | The continuing education referred to in paragraph (1) may be entrusted to specialized agencies. <Amended on May 19, 2020; Apr. 22, 2025> |
| (5) | Matters necessary for the duration, methods, etc. of the continuing education referred to in paragraph (1) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| Article 10-2 (Health examination) |
| (1) | Child care providers shall undergo a health examination; provided, if they have undergone a health examination of the same content under other statutes or regulations, they shall be deemed to have undergone a health examination under this Act. <Amended on Apr. 22, 2025> |
| (2) | No child care provider shall engage in child care services if he or she has any disease likely to cause harm to others, such as an infectious disease as defined in subparagraph 1 of Article 2 of the Infectious Disease Control and Prevention Act. <Added on Apr. 22, 2025> |
| (3) | No metropolitan child care support center referred to in Article 10-4, or child care service agency registered under Article 11-2 shall allow any person who has not undergone the health examination referred to in paragraph (1) to engage in child care services as a child care provider, or allow any person who has a disease likely to cause harm to others to work as a child care provider or child care helper. <Amended on Apr. 22, 2025> |
| (4) | The methods of conducting health examinations and the types of diseases under paragraphs (2) and (3) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Apr. 22, 2025: Oct. 1, 2025> |
[This Article Added on May 19, 2020]
CHAPTER III CHILD CARE SERVICE AGENCIES
| Article 10-3 (Central Child Care Support Center) |
| (1) | The Minister of Gender Equality and Family shall designate and operate the Central Child Care Support Center (hereinafter referred to as "Central Support Center") to implement child care support policies in an efficient and systematic manner. <Amended on Oct. 1, 2025> |
| (2) | The Central Support Center shall perform the following duties: <Amended on Apr. 22, 2025> |
| 1. | Research and publication of materials related to child care support programs; |
| 2. | Development and distribution of manuals for the operation of child care services; |
| 3. | Development and distribution of educational materials for child care providers; |
| 4. | Management and operation of training and continuing education for child care providers, including management of educational institutions; |
| 5. | Operation of an information system for managing qualifications, work history, and employment of child care providers; |
| 6. | Establishment and operation of a nationwide network with related institutions, such as child care service agencies; |
| 7. | Education and training for employees of child care service agencies; |
| 8. | Other duties prescribed by Decree of the Ministry of Gender Equality and Family regarding child care support programs. |
| (3) | The Minister of Gender Equality and Family shall designate a public institution prescribed by Presidential Decree as the Central Support Center under paragraph (1) for the efficient performance of duties. <Added on Apr. 22, 2025; Oct. 1, 2025> |
| (4) | The criteria for human resources, facilities, and equipment necessary for designation under paragraph (1), the procedures and methods for such designation, etc. shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
[This Article Added on May 19, 2020]
| Article 10-4 (Metropolitan child care support center) |
| (1) | A Mayor/Do Governor shall designate and operate a metropolitan child care support center (hereinafter referred to as a "metropolitan support center") to ensure the effective management of child care providers and the smooth provision of child care services. |
| (2) | A metropolitan support center shall perform the following duties: <Apr. 22, 2025> |
| 1. | Recruitment, conclusion of employment contracts, and service management of child care providers (limited to those assigned to designated child care service agencies under Article 11); |
| 2. | Implementation of necessary safety measures, such as enrollment in indemnity insurance for child care providers and children who suffer harm to life or body due to safety accidents while receiving or providing child care services (limited to child care services provided by designated child care service agencies under Article 11); |
| 3. | Formulation and coordination of regional plans for the supply and demand of child care providers; |
| 4. | Monitoring of the current status of child care services in the region; |
| 5. | Management, support, and promotion of services operated by designated child care service agencies under Article 11 in the region; |
| 6. | Other duties deemed necessary by the Mayor/Do Governor for the smooth operation of child care services. |
| (3) | Standards for human resources, facilities, and equipment necessary for designation under paragraph (1) and detailed procedures and methods of application for designation and other similar matters shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| (4) | Where the head of a metropolitan support center intends to change any important matters, he or she shall obtain approval therefor from the competent Mayor/Do Governor; and he or she shall file a report if any insignificant change is made. |
| (5) | Matters necessary for content, procedures, etc. related to paragraph (4) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
[This Article Added on May 19, 2020]
| Article 11 (Designation of child care service agencies) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall designate and operate an institution that provides child care services in order to ensure the efficient provision of child care services. <Amended on Apr. 22, 2025> |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall designate an appropriate number of child care service agencies under paragraph (1) (hereinafter referred to as "designated child care service agencies"), taking into consideration the regional distribution, appropriate supply scale, the number of children eligible for the services, etc. <Amended on Apr. 22, 2025> |
| (3) | The criteria for the designation and operation of designated child care service agencies, the procedures for such designation, and other necessary matters shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (4) | If any important matter is to be changed, the head of a designated child care service agency shall obtain the approval from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. In the case of other changes, he or she shall file a report. <Amended on Apr. 22, 2025> |
| (5) | Contents, procedures, etc. related to paragraph (4) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
[Title Amended on Apr. 20, 2025]
| Article 11-2 (Registration of child care service agencies) |
| (1) | Any person who intends to establish and operate an institution providing child care services, other than a designated child care service agency, shall meet the criteria for human resources, facilities, etc. prescribed by Decree of the Ministry of Gender Equality and Family and shall file for registration with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over its location. The same shall also apply to any modification to important registered matters prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| (2) | A child care service agency registered pursuant to paragraph (1) (hereinafter referred to as "registered child care service agency") shall enroll in indemnity insurance to compensate child care providers, child care helpers, and children who suffer harm to life or body due to safety accidents occurring in the course of providing child care services, and shall take other necessary safety measures. |
| (3) | Matters necessary for the registration procedures and operational standards for registered child care service agencies under paragraph (1), the coverage and scope of liability of indemnity insurance under paragraph (2), and other necessary matters shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
[This Article Added on Apr. 22, 2025]
| Article 11-3 (Reporting of temporary or permanent closure of child care service agencies) |
If child care service agencies temporarily or permanently close their business, or resume business after such closure, they shall submit a report to the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025>
[This Article Added on Apr. 22, 2025]
| Article 11-4 (Prohibition of use of similar titles) |
No entity, other than a child care service agency under this Act shall use the title "child care service agency" or any other similar title.
[This Article Added on Apr. 22, 2025]
| Article 11-5 (Grounds for disqualification of employees) |
| (1) | No person who falls under any of the subparagraphs of Article 6(1)1 through 7, and subparagraphs 7-2 through 7-4 shall engage in the duties of the Central Support Center, a metropolitan support center, or a child care service agency. |
| (2) | The Minister of Gender Equality and Family may, with the consent of a person who intends to engage in the duties of the Central Support Center, a metropolitan support center, or a child care service agency, request a criminal background check pursuant to Article 6 of the Act on the Lapse of Criminal Sentences from the commissioner of a City/Do police agency or the chief of a police station having jurisdiction over the person's place of residence in order to verify whether the person falls under any of the grounds for disqualification under Article 6(1)5 through 7 and subparagraphs 7-2 through 7-4; provided, if the person submits a criminal background check report directly to the Central Support Center, a metropolitan support center, or a child care service agency, the background check shall be deemed to have been conducted. <Amended on Oct. 1, 2025> |
| (3) | Article 6-2(3) through (5) shall apply mutatis mutandis to requests for criminal background checks under paragraph (2). |
[This Article Added on Apr. 22, 2025]
| Article 12 (Providing information on child care services to guardians) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall, in order to ensure the quality of services, receive from the head of a child care service agency information on the content of services, the current status of facilities and human resources, and the history of revocation of designation or registration of the agency, and shall provide such information to the guardians of children. <Amended on May 19, 2020; Apr. 22, 2025> |
| (2) | The head of a child care service agency may provide the guardians of children with information on relevant child care providers or child care helpers, including their personal information, work experience, history of suspension and revocation of qualifications, and the results of satisfaction survey under Article 18-2. <Added on May 19, 2020; Apr. 22, 2025> |
| (3) | The content, methods, and procedures of services to be provided to guardians under paragraphs (1) and (2), the information on child care providers or child care helpers and the methods of providing such information, and other necessary matters shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
[Title Amended on May 19, 2020]
| Article 13 (Duties of child care service agencies) |
| (1) | A designated child care service agency shall assign child care providers affiliated with a metropolitan support center to the designated child care service agency. <Amended on May 19, 2020; Apr. 22, 2025> |
| (2) | A child care service agency shall not refuse a request from a guardian for the provision of services; provided, this shall not apply where there is good cause, such as insufficient availability of child care providers or child care helpers. <Amended on Apr. 22, 2025> |
| (3) | A child care service agency shall comply with matters prescribed by Decree of the Ministry of Gender Equality and Family, including the health and sanitation management of children, when providing child care services. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (4) | Deleted. <May 19, 2020> |
| (5) | A child care service agency may allow a person with a child care teacher qualification certificate under Article 21(2) of the Child Care Act to provide child care services to households with a child aged 24 months or younger. <Added on May 28, 2013; Apr. 22, 2025> |
| (6) | A child care service agency may provide child care services that include additional household chores related to the child, in consultation with the guardian. <Added on May 28, 2013; Apr. 22, 2025> |
| (7) | A child care service agency may, if necessary, provide psychological counseling to child care providers or child care helpers. <Added on May 19, 2020; Apr. 22, 2025> |
[Title Amended on May 28, 2013; Apr. 22, 2025]
| Article 13-2 (Preferential provision of child care services) |
The State or a local government and a designated child care service agency shall ensure that persons falling under any of the following subparagraphs are given priority in accessing child care services; provided, this shall not apply where there is good cause, such as a budget shortfall or insufficient availability of child care providers: <Amended on Dec. 19, 2017; May 19, 2020; Dec. 27, 2022; Apr. 22, 2025; Oct. 1, 2025>
| 1. | Children of a recipient under subparagraph 2 of Article 2 of the National Basic Living Security Act; |
| 2. | Children belonging to the next lowest income bracket under subparagraph 11 of Article 2 of the National Basic Living Security Act; |
| 3. | Children of a person eligible for protection under Article 5 or 5-2 of the Single-Parent Family Support Act; |
| 3-2. | Children of youth parents defined in subparagraph 6 of Article 2 of the Youth Welfare Support Act; |
| 4. | Children of a person with a disability of the grade prescribed by Decree of the Ministry of Gender Equality and Family, among persons with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities; |
| 4-2. | Children who have a sibling with a disability of the grade prescribed by Decree of the Ministry of Gender Equality and Family, among persons with disabilities defined in Article 2 of the Act on Welfare of Persons with Disabilities; |
| 5. | Children of a multicultural family defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act; |
| 6. | Children of a person who is entitled to or above a disability rating prescribed by Decree of the Ministry of Gender Equality and Family, among disability rating classified under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State; |
| 7. | Children of a double-income family unable to nurture children appropriately due to employment or activities for living of both parents; |
| 8. | Children of any other person prescribed by Decree of the Ministry of Gender Equality and Family in consideration of the level of income, etc. |
[This Article Added on May 28, 2013]
| Article 14 (Entering into standard form employment contract) |
| (1) | A metropolitan support center shall enter into standard form employment contracts with its affiliated child care providers. <Amended on May 19, 2020; Apr. 22, 2025> |
| (2) | A registered child care service agency shall enter into a standard form employment contract when employing a child care provider or a child care helper. <Added on Apr. 22, 2025> |
| (3) | Details of the standard form employment contract shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
[Title Amended on May 19, 2020]
| Article 15 (Matters to be observed by guardians) |
A guardian who intends to use child care services shall agree to and comply with the terms and conditions prescribed by the child care service agency, including safety measures for accident prevention. <Amended on Apr. 22, 2025>
| Article 16 (Recommendations concerning metropolitan support centers and child care service agencies) |
Where a metropolitan support center or a child care service agency intends to temporarily or permanently close its business operations, the Mayor/Do Governor or the head of a Si/Gun/Gu shall recommend that it continue its services or take other necessary measures, if such closure is likely to cause inconvenience, such as the absence of a nearby child care service agency or difficulties in utilizing a neighboring metropolitan support center. <Amended on May 19, 2020; Apr. 22, 2025>
[This Article Wholly Amended on Dec. 1, 2015]
[Title Amended on May 19, 2020; Apr. 22, 2025]
| Article 17 (Corrective orders and revocation of designation or registration) |
| (1) | If the Central Support Center, a metropolitan support center, or a child care service agency falls under any of the following cases, the Minister of Gender Equality and Family, the Mayor/Do Governor, or the head of a Si/Gun/Gu may issue a corrective order to the head of the relevant center or agency, as prescribed by Decree of the Ministry of Gender Equality and Family: <Added on Apr. 22, 2025; Oct. 1, 2025> |
| 1. | Where it fails to meet the criteria for human resources, facilities, or equipment necessary for designation under Article 10-3(4); |
| 2. | Where it fails to meet the criteria for human resources, facilities, or equipment necessary for designation under Article 10-4(3); |
| 3. | Where it fails to meet the standards for designation and operation under Article 11(3); |
| 4. | Where it fails to meet the standards for registration and operation under Article 11-2(1) and (3). |
| (2) | If the Central Support Center, a metropolitan support center, or a child care service agency falls under any of the following cases, the Minister of Gender Equality and Family, the Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke the designation or registration; provided, in cases falling under subparagraph 1 or 5, the designation or registration shall be revoked: <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| 1. | Where the designation or registration has been obtained by fraud or other improper means; |
| 2. | Deleted; <Apr. 22, 2025> |
| 3. | Where the child care service agency has refused to provide services, in violation of Article 13(2); |
| 4. | Where it has refused, obstructed, or evaded the submission of data, inquiries, or inspections referred to in Article 29, filed a false report, or submitted false data; |
| 5. | Where it has claimed child care service expenses by fraud or other improper means; |
| 6. | Where it has been negligent in managing child care providers or child care helpers affiliated with or assigned to it, such as by failing to take appropriate measures after becoming aware of abuse committed by such provider or helper against a child; |
| 7. | Where the child care service agency has temporarily closed its operations for at least 1 year without good cause after being designated or registered; |
| 8. | Where it has failed to comply with a corrective order issued under paragraph (1); |
| 9. | Other cases where it is deemed substantially impracticable to provide normal child care services. |
| (3) | A person whose designation or registration has been revoked under paragraph (2) shall not be re-designated or re-registered as the Central Support Center, a metropolitan support center, or a child care service agency for a period prescribed by Decree of the Ministry of Gender Equality and Family within 3 years from the date of such disposition. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| (4) | The procedures, etc. for the revocation of designation or registration under paragraph (2) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
[Title Amended on May 19, 2020; Apr. 22, 2025]
| Article 18 (Management and evaluation of metropolitan support centers and child care service agencies) |
| (1) | The Minister of Gender Equality and Family may evaluate the appropriateness of the operation of a metropolitan support center or a child care service agency in accordance with the standards for operation, etc. referred to in Articles 10-4(3), 11(3), and 11-2(1) and (3), and then take necessary measures, such as disclosing the results of the evaluation. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| (2) | The Minister of Gender Equality and Family Affairs shall continuously manage and evaluate the services provided by child care service agencies and strive to improve the quality thereof. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (3) | The Minister of Gender Equality and Family may entrust part of the affairs related to the management and assessment prescribed in paragraphs (1) and (2) to corporations, organizations, or any other specialized agencies. <Amended on May 19, 2020; Oct. 1, 2025> |
| (4) | The methods of evaluation on the operation of the centers and agencies and child care services provided and methods of disclosing the evaluation results under paragraph (1), and other necessary matters shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on May 19, 2020; Oct. 1, 2025> |
[Title Amended on May 19, 2020; Apr. 22, 2025]
| Article 18-2 (Satisfaction survey on child care service agencies) |
| (1) | The Minister of Gender Equality and Family may conduct a satisfaction survey of guardians regarding child care service agencies (including satisfaction with child care providers or child care helpers affiliated with or assigned to such agencies) as prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (2) | The Minister of Gender Equality and Family may entrust the operation of satisfaction survey under paragraph (1) to corporations, organizations, or any other specialized agencies prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
[This Article Added on May 19, 2020]
[Title Amended on Apr. 20, 2025]
CHAPTER IV CREATION OF NURTURE-FRIENDLY SOCIAL ENVIRONMENT
| Article 19 (Child care sharing center) |
| (1) | The State and local governments may establish and operate the child care sharing centers for the exchange of information related to child rearing, education of parents, etc. in the multi-family housing referred to in subparagraph 3 of Article 2 of the Housing Act. <Amended on Oct. 20, 2020> |
| (2) | The State or a local government may entrust the operation of child care sharing centers established under paragraph (1) to corporations, organizations, or any other specialized agencies. |
| (3) | Matters necessary for the standards of facilities of child care sharing centers, entrustment thereof, and other similar matters shall be prescribed by the Decree of the Ministry of Gender Equality and Family. <Amended on May 19, 2020; Oct. 1, 2025> |
| Article 19-2 (Issuance of certificates for verification of identity of child care helpers) |
| (1) | A person who intends to become a child care helper or who is working as a child care helper may submit the following documents to the Minister of Gender Equality and Family and request the issuance of a certificate for verification of the identity of a child care helper (hereinafter referred to as "certificate"): <Amended on Oct. 1, 2025> |
| 1. | A medical examination certificate stating whether the person has a medical history of mental illness or addiction to narcotics, marijuana, or psychotropic substances, which is issued by a hospital-level medical institution designated as a health examination institution pursuant to Article 14 of the Framework Act on Health Examination; |
| 2. | A written application for inquiries about criminal records. |
| (2) | Upon receipt of a request under paragraph (1), the Minister of Gender Equality and Family may issue a certificate in accordance with the procedures and standards prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| (3) | Upon receipt of a written application for an inquiry into criminal records under paragraph (1), the Minister of Gender Equality and Family may request the head of an investigative agency to inquire about criminal records. In such cases, the head of an agency upon receipt of request shall comply therewith unless there is good cause. <Amended on Oct. 1, 2025> |
| (4) | The Minister of Gender Equality and Family may entrust the affairs prescribed in paragraphs (1) and (2) to a public institution prescribed in Article 4 of the Act on the Management of Public Institutions. <Amended on Oct. 1, 2025> |
[This Article Added on May 19, 2020]
CHAPTER V SUPPORT FOR EXPENSES FOR CHILD CARE SERVICE
| Article 20 (Subsidization of expenses) |
| (1) | The State and a local government may render support for all or part of the expenses incurred in providing child care service to households, the respective income of which is not more than the amount prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| (2) | The expenses referred to in paragraph (1) may be subsidized differentially by taking into consideration the income level of each household, residential area, employment status of parents, etc. |
| (3) | The expenses incurred in providing child care service shall be prescribed and publicly notified by the Minister of Gender Equality and Family, taking into consideration the type of service, circumstances of the relevant region, etc. <Amended on Oct. 1, 2025> |
| Article 21 (Child care vouchers) |
| (1) | The State and local governments may provide child care vouchers so as to subsidize expenses referred to in Article 20(1). |
| (2) | The Minister of Gender Equality and Family and the head of a local government may entrust the affairs related to the vouchers prescribed in paragraph (1) to public agencies or civil agencies or organizations. <Amended on Oct. 1, 2025> |
| (3) | Mattes necessary for the application for and issuance of the vouchers shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| Article 22 (Application for support for expenses) |
| (1) | A guardian may apply for support for expenses incurred in providing child care service under Article 20(1). |
| (2) | In filing an application under paragraph (1), a guardian shall submit written consent of himself or herself and the household members to the provision of the following data or information: |
| 1. | Average balance of deposits and any other data or information prescribed by Presidential Decree, among data or information on the details of financial assets defined in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and financial transactions defined in subparagraph 3 of Article 2 of that Act (hereinafter referred to as "financial information"); |
| 2. | Amount of debts and any other data or information prescribed by Presidential Decree, among credit information defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act (hereinafter referred to as "credit information"); |
| 3. | Insurance premiums paid for any purchased insurance referred to in any subparagraph of Article 4(1) of the Insurance Business Act, and any other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | Matters necessary for the method and procedure for the application for support for expenses under paragraph (1) and those for the consent under paragraph (2) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| Article 23 (Provision of financial information) |
| (1) | Notwithstanding the provisions of Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(2) of the Credit Information Use and Protection Act, for the purpose of assessing the property of a person who has filed an application for support for expenses under Article 22 (hereinafter referred to as "applicant for support for expenses") and the household members, the State or local governments may, when they subsidize expenses incurred in providing child care service under Article 20(1), request the heads of financial institutions (referring to financial companies, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and the credit information collection agency defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, credit information, or insurance information (hereinafter referred to as "financial information, etc.") of a person who has applied for support for expenses and his or her household members by means of a document in an electronic form that is converted from the written consent submitted by the applicant and his or her household members under Article 22(2). |
| (2) | The heads of financial institutions, etc., who are requested to provide financial information, etc. under paragraph (1), shall provide financial information, etc. of the holder of a title deed, notwithstanding the provisions of Article 4(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act. |
| (3) | The heads of financial institutions, etc. that have provided financial information, etc. under paragraph (2) shall notify the holder of a title deed of such fact; provided, notwithstanding the provisions of Article 4-2(1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32(7) of the Credit Information Use and Protection Act, no notification may be made, if the consent from the holder of a title deed has been obtained. <Amended on Mar. 11, 2015> |
| (4) | The request for, or the provision of, financial information, etc. under paragraphs (1) and (2) shall be made by using the information and communications network defined in Article 2(1)1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; provided, the same shall not apply to cases where any damage to the information and communications network or any other unavoidable incident occurs. |
| (5) | No person who engages in or has engaged in the affairs referred to in paragraph (1) or (2) shall use the financial information, etc. acquired while performing his or her duties for any purpose other than that prescribed in this Act, or furnish or divulge it to any other person or agency. |
| (6) | Matters necessary for requests for, or the provision, etc. of financial information, etc. under paragraphs (1), (2), and (4) shall be prescribed by Presidential Decree. |
| Article 24 (Examinations and inquiries) |
| (1) | The Minister of Gender Equality and Family or the head of a local government may request an applicant for support for expenses and a person who is to receive support, to submit documents necessary to confirm the eligibility for such support or other data related to the income, property, etc., and may allow public officials under his or her control to have access to residence of the applicant for such support and the person who is to receive support and other necessary places and to inspect documents, etc. or make necessary inquiries to the related persons. <Amended on Oct. 1, 2025> |
| (2) | The Minister of Gender Equality and Family or the head of a local government may request the heads of related agencies to provide data on national taxes, local taxes, land, building, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary for the examinations referred to in paragraph (1) or support for expenses. In such cases, the head of an agency upon receipt of such request shall comply therewith unless there is a compelling reason not to do so. <Amended on Oct. 1, 2025> |
| (3) | Where an applicant for support for expenses or a person who is to receive support refuses to submit documents or data or refuses, interferes with, or evades any examination or inquiry conducted under paragraph (1), the Minister of Gender Equality and Family or the head of a local government may reject the application for support for expenses or may revoke, suspend or alter the decision for the support. <Amended on Oct. 1, 2025> |
| (4) | Matters necessary for the scope, timing, and contents of the examinations and inquiries to be conducted under paragraph (1) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
| (5) | For the purpose of probing an address on the resident registration card, administrative information may be shared under Article 36(1) of the Electronic Government Act. |
| Article 25 (Establishment and operation of integrated information system for child care support) |
| (1) | The Minister of Gender Equality and Family may establish and operate an integrated information system for child care support (hereinafter referred to as "integrated information system") in order to digitize the affairs related to child care support under this Act and to efficiently process the information necessary for the performance of the affairs. <Amended on Apr. 11, 2023; Oct. 1, 2025> |
| (2) | The Minister of Gender Equality and Family may collect, retain, and use any of the following information necessary to establish and operate the integrated information system, and if the information collected, retained, and used includes personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act, the prior consent of the data subject (referring to his or her legal representative in cases of minors under the age of 14) shall be obtained: <Amended on Apr. 11, 2023; Apr. 22, 2025; Oct. 1, 2025> |
| 1. | Information on grounds for disqualification of child care providers or child care helpers, qualifications for child care providers, health examinations, and the suspension or revocation of qualifications under Articles 6, 7, 10-2, 32, and 33; |
| 2. | Information on the designation and registration of the Central Support Center, metropolitan support centers, child care service agencies, etc. and the revocation thereof under Articles 9, 10-3, 10-4, 11, 11-2, 11-3, and 17; |
| 2-2. | Information on the grounds for disqualification of employees, etc. under Article 11-5; |
| 3. | Information on the provision of child care services under Articles 12, 13, and 13-2 |
| 4. | Information on satisfaction survey on child care service agencies under Article 18-2; |
| 5. | Information on the verification of identity of child care helpers under Article 19-2; |
| 6. | Information on the subsidization of child care service expenses and the provision of financial information, etc. under Articles 20 through 24; |
| 7. | Other information necessary to perform affairs related to child care services and child care helpers prescribed by Presidential Decree. |
| (3) | The Minister of Gender Equality and Family may request relevant central administrative agencies, local governments, and relevant institutions or organizations (hereinafter referred to as "relevant central administrative agencies, etc.") to provide data and information necessary for the establishment and operation of the integrated information system, and may collect, retain, and use such data and information within the scope of the intended purpose. In such cases, the relevant central administrative agencies, etc. shall comply with such request unless there is good cause. <Added on Apr. 11, 2023; Oct. 1, 2025> |
| (4) | The integrated information system may be operated in conjunction with the social security information system under Article 37(2) of the Framework Act on Social Security in order to perform the affairs under paragraph (1). <Added on Apr. 11, 2023> |
| (5) | The Minister of Gender Equality and Family may entrust the operation of the integrated information system to a specialized institution, such as a corporation or organization prescribed by Decree of the Ministry of Gender Equality and Family. <Added on Apr. 11, 2023; Oct. 1, 2025> |
| (6) | A person who acquires, manages, or uses data or information of the integrated information system pursuant to paragraphs (2) through (5) shall not use such data or information obtained in the course of performing his or her duties for any purpose other than the intended one or provide or divulge it to any third party. <Added on Apr. 11, 2023> |
| (7) | The Minister of Gender Equality and Family shall formulate policy necessary measures to protect personal information throughout all stages of the establishment and operation of the integrated information system. <Added on Apr. 11, 2023; Oct. 1, 2025> |
| (8) | Other matters necessary for the establishment and operation of the integrated support system shall be prescribed by Presidential Decree. <Added on Apr. 11, 2023> |
[Title Amended on Apr. 11, 2023]
| Article 26 (Subsidization of expenses) |
The State or a local government may fully or partially subsidize the expenses incurred in performing the affairs under this Act or in operating the Central Support Center, metropolitan support centers, and designated child care service agencies. <Amended on Mar. 2, 2016; May 19, 2020>
| Article 27 (Order to return expenses or subsidies) |
Where the founder or operator of the Central Support Center, a metropolitan support center, or a child care service agency, or the head of an agency entrusted with the affairs under this Act, etc. falls under any of the following subparagraphs, the State or a local government may order the return of all or part of the expenses or subsidies already granted: <Amended on May 19, 2020; Apr. 22, 2025>
| 1. | Where the subsidy has been used for the purpose other than the business purpose; |
| 2. | Where the subsidy has been received by fraud or other improper means; |
| 3. | Where he or she has violated this Act or an order issued under this Act. |
CHAPTER VI GUIDANCE AND SUPERVISION
| Article 28 (Guidance and order) |
The Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide necessary guidance and issue orders to child care providers, the Central Support Center, metropolitan support centers, and child care service agencies to ensure the smooth implementation of child care services. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025>
| Article 28-2 (Fact-finding survey on child care services) |
| (1) | The Minister of Gender Equality and Family shall conduct a fact-finding survey every 3 years on the current status of the operation of child care service agencies and on overall child care services, and shall publish the results thereof in order to utilize them in formulating policies for the improvement of child care services. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (2) | Where it is necessary for conducting a fact-finding survey under paragraph (1), the Minister of Gender Equality and Family may request the heads of related central administrative agencies, the heads of local governments, the heads of public institutions defined under the Act on the Management of Public Institutions, and the heads of other related facilities, corporations or organizations for corporation such as submission of necessary data. In such cases, the heads of related central administrative agencies, etc., shall comply with such request unless there is a compelling reason not to do so. <Amended on Oct. 1, 2025> |
| (3) | Matters necessary for the methods, content, etc. of the fact-finding survey pursuant to paragraph (1) shall be prescribed by Decree of the Ministry of Gender Equality and Family. <Amended on Oct. 1, 2025> |
[This Article Added on May 19, 2020]
[Title Amended on Apr. 20, 2025]
| Article 29 (Inquiries and inspections) |
| (1) | The Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu may order a child care provider, the Central Support Center, metropolitan support centers, or child care service agencies to submit data related to the operation, management, provision, etc. of child care services or may have affiliated public officials conduct inquiries of relevant persons or inspect related documents. <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025> |
| (2) | When performing the duties under paragraph (1), a public official shall carry with him or her a certificate indicating his or her authority and present it to the related persons. |
| Article 30 (Prohibition of divulging confidential information) |
No person who is or has been engaged in the Central Support Center, a metropolitan support center, a child care service agency, or an institution entrusted with or designated to perform affairs under Articles 7(5), 18(3), 18-2(2), 19(2), 19-2(4), or 21(2), nor a child care provider or child care helper, shall divulge any confidential information learned while performing his or her duties. <Amended on May 19, 2020; Apr. 22, 2025>
If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to revoke the designation or registration of an educational institution, the Central Support Center, a metropolitan support center, or a child care service agency under Article 9(2) or 17(2), he or she shall hold a hearing. <Amended on May 19, 2020; Apr. 22, 2025>
| Article 32 (Suspension of qualification of child care providers) |
If a child care provider falls under any of the following subparagraphs, the Minister of Gender Equality and Family may suspend his or her qualification for up to 3 years as prescribed by Decree of the Ministry of Gender Equality and Family; provided, in cases falling under subparagraph 1, the qualification shall be suspended: <Amended on May 19, 2020; Apr. 22, 2025; Oct. 1, 2025>
| 1. | Where he or she has committed at least one of the following acts: |
| a. | Use of physical violence or inflicting an injury on a child; |
| b. | Insulting or threatening a child; |
| c. | Abandonment of a child or negligence in the basic care of a child, including food, clothing, and shelter; |
| d. | Commitment of an unlawful act, such as a theft in a child's residence; |
| e. | Use of drugs harmful to youth referred to in subparagraph 4a of Article 2 of the Youth Protection Act at a place providing child care service. |
| 2. | Where he or she has caused bodily injury or property damage to a child or guardian by intention or gross negligence during the performance of his or her duties; |
| 3. | Where he or she has fails to receive continuing education referred to in Article 10 for three consecutive times; |
| 4. | Where he or she has recommended, induced, or promoted unnecessary services to a guardian for the purpose of making profits. |
[Title Amended on Apr. 20, 2025]
| Article 33 (Revocation of qualification of child care providers) |
If a child care provider falls under any of the following subparagraphs, the Minister of Gender Equality and Family shall revoke his or her qualification: <Amended on Dec. 1, 2015; Mar. 2, 2016; May 19, 2020; Apr. 22, 2025; Oct. 1, 2025>
| 1. | Where he or she has obtained his or her qualification by fraud or other improper means; |
| 2. | Where he or she has been sentenced to imprisonment without labor or a heavier punishment for causing bodily injury or property damage to a child or guardian by intention or gross negligence in the course of performing his or her duties; |
| 3. | Where he or she has been punished under Article 71(1) of the Child Welfare Act for committing a prohibited act prescribed in Article 17 of that Act; |
| 3-2. | Where he or she has been punished for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act; |
| 3-3. | Where a decision of protective order prescribed in Article 36(1) of the Act on Special Cases concerning the Punishment of Child Abuse Crimes for a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act; |
| 4. | Where his or her qualification has been suspended at least three times under Article 32; |
| 5. | Where he or she commits an act constituting a case for suspension of qualification within three years after the period for suspending his or her qualification expires pursuant to Article 32; |
| 6. | Where he or she has served as a child care provider during the period of suspension of qualification under Article 32, or has engaged in qualification-related affairs using his or her qualification certificate; |
| 7. | Where he or she fall under any of subparagraphs 1 through 6 of Article 6. |
[Title Amended on Apr. 20, 2025]
| Article 34 (Delegation and entrustment of authority) |
| (1) | The Minister of Gender Equality and Family may delegate part of his or her authority to conduct criminal background checks for child care providers and child care helpers referred to in Article 6-2(2) and for employees of agencies referred to in Article 11-5(2), to Mayors/Do Governors or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Added on Apr. 22, 2025; Oct. 1, 2025> |
| (2) | The Minister of Gender Equality and Family or the Mayor/Do Governor may delegate part of his or her authority under this Act to the Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
| (3) | The Minister of Gender Equality and Family may entrust part of his or her duties under this Act to corporations or organizations, as prescribed by Presidential Decree. <Amended on Apr. 22, 2025; Oct. 1, 2025> |
CHAPTER VII PENALTY PROVISIONS
| Article 35 (Penalty provisions) |
| (1) | Any person who uses data or information of the integrated information system for any purpose other than the intended purpose, or provides or divulges such data or information to any third party, in violation of Article 25(6), shall be punished by imprisonment with labor for not more than 5 years or by a fine not exceeding 50 million won. <Added on Apr. 11, 2023> |
| (2) | The following persons shall be punished by imprisonment with labor for not more than 1 year or by a fine not exceeding 10 million won: <Amended on Mar. 24, 2014; May 19, 2020; Apr. 11, 2023; Apr. 22, 2025> |
| 1. | A person who has been designated as an educational institution by fraud or other improper means, in violation of the designation standards under Article 9(1); |
| 2. | A person who has been designated as the Central Support Center by fraud or other improper means, in violation of the designation standards under Article 10-3(4); |
| 3. | A person who has been designated as a metropolitan support center by fraud or other improper means, in violation of the designation standards under Article 10-4(3); |
| 4. | A person who has been designated as a child care service agency by fraud or other improper means, in violation of the designation standards under Article 11(3); |
| 4-2. | A person who has been registered as a child care service agency by fraud or other improper means, in violation of the registration standards under Article 11-2(1); |
| 5. | A person who has been re-designated or re-registered as the Central Support Center, metropolitan support center, or child care service agency, in violation of Article 17(3); |
| 6. | A person who has received expenses under Article 20 by fraud or other improper means, or has caused another person to receive such expenses; |
| 7. | A person who has divulged any confidential information learned in the course of performing his or her duties, in violation of Article 30. |
| Article 36 (Joint penalty provisions) |
Where a representative of a corporation, or an agent, employee, or other person working for a corporation or individual commits a violation under Article 35 with respect to the duties of the corporation or individual, not only shall such violator be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions; provided, this shall not apply where such corporation or individual has not neglected to take due care and supervision concerning the relevant duties in order to prevent such violation.
| Article 37 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 3 million won: <Amended on May 28, 2013; Dec. 1, 2015; May 19, 2020; Apr. 22, 2025> |
| 1. | A person who violates Article 8; |
| 1-2. | A person who treats child care providers unfavorably on the grounds of the continuing education, in violation of Article 10(2); |
| 2. | A person who fails to obtain approval for, or to file a report on, the changed matter, in violation of Article 10-4(4) or 11(4); |
| 2-2. | A person who fails to register modification of important matters, in violation of the latter part of Article 11-2(1); |
| 2-3. | A person who fails to file a report on the temporary or permanent closure of business under Article 11-3; |
| 2-4. | A person who violates the obligation not to use a similar title under Article 11-4; |
| 3. | A person who refuses to provide child care services without good cause, in violation of Article 13(2); |
| 4. | A person who fails to provide child care services preferentially without good cause, in violation of Article 13-2; |
| 5. | A person who fails to submit data or submits false data or a person who refuses, interferes with, or evades an inquiry or examination or gives a false answer thereto, in violation of Article 29(1). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Gender Equality, the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025> |
ADDENDA <Act No. 11288, Feb. 1, 2012>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Transitional measures concerning child care providers)
A person who has completed a former education course as at the time this Act enters into force shall be deemed to have completed an education course under this Act.
Article 3 (Transitional measures concerning educational institutions for child care providers and service agencies)
An educational institution or service agency designated under the previous guidelines as at the time this Act enters into force shall be deemed to have been designated under Article 9 or 11; provided, it shall meet the designation standards prescribed by Decree of the Ministry of Gender Equality and Family within three months from the date this Act enters into force.
Article 4 (Transitional measures concerning disqualifications and revocation of qualification of child care providers)
"Article 17 of the same Act" and "Article 71(1) of the Child Welfare Act" in subparagraph 7 of Article 6 and subparagraph 3 of Article 33 shall be deemed "Article 29 of the same Act" and "Article 40 of the Child Welfare Act" until August 4, 2012.
ADDENDUM <Act No. 11833, May 28, 2013>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Act No. 12531, Mar. 24, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13538, Dec. 1, 2015>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning incompetent)
An incompetent under the adult guardianship or a quasi-incompetent under the limited guardianship under the amended provisions of subparagraph 1 of Article 6 of the Act shall be construed to include those for whom the sentence on incompetence or quasi-incompetence remains valid, as prescribed by Article 2 of Addenda to the partial amendment to the Civil Act (Act No. 10429).
Article 3 (Transitional measures concerning administrative fines)
Notwithstanding the amended provisions of Article 37(1)2 of the Act, the former provisions shall be applied to the imposition of administrative fines on the violations committed before this Act enters into force.
ADDENDA <Act No. 14064, Mar. 2, 2016>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Cases of application regarding grounds for disqualification)
The amended Article 6 shall begin to apply from the first person for whom a sentence is finalized after this Act enters into force.
Article 3 (Transitional measures regarding administrative measures)
Former provisions apply to any administrative measure imposed on a violation committed before this Act enters into force.
ADDENDA <Act No. 15270, Dec. 19, 2017>
Article 1 (Enforcement date)
This Act shall enter into force on July 1, 2019. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA<Act No. 17283, May 19, 2020>
Article 1 (Enforcement date)
This Act shall enter into force six months after the date of its promulgation. Provided, That the amended provisions of Articles 2, 10-2 through 10-4, 13(1) and (4), 14, 16 through 18, 19-2, 26 through 28, 29 through 31, 35 and 37 shall enter into force on January 1, 2022.
Article 2 (Applicability to suspension of qualification of child care providers)
The amended provisions of Article 32 shall apply beginning with the first person who commits an act constituting the grounds for suspension of qualifications after this Act enters into force.
Article 3 (Applicability to revocation of qualification of child care providers)
The amended provisions of Article 33 shall apply beginning with the first person who commits an act constituting the grounds for revocation of qualifications after this Act enters into force or for whom a protective disposition is confirmed for an act that occurs after the Act enters into force.
ADDENDUM <Act No. 17539, Oct. 20, 2020>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 19129, Dec. 27, 2022>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDUM <Act No. 19338, Apr. 11, 2023>
This Act shall enter into force 6 months after the date of its promulgation.
ADDENDA <Act No. 20932, Apr. 22, 2025>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 (Applicability to grounds for disqualification of employees)
The grounds for disqualification of employees, etc. under the amended provisions of Article 11-5 shall begin to apply to employees, etc. who are employed as at the time this Act enters into force, where they fall under any ground for disqualification due to causes arising after this Act enters into force.
Article 3 (Transitional measures concerning child care providers)
| (1) | A person who is employed as a child care provider pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have obtained the qualifications for a child care provider under the amended provisions of Article 7. |
| (2) | A person whose qualification as a child care provider was suspended or revoked pursuant to the previous provisions as at the time this Act enters into force shall be deemed a person whose qualification as a child care provider has been suspended under the amended provisions of Article 32 or revoked under the amended provisions of Article 33. |
Article 4 (Transitional measures concerning completion of educational courses to obtain qualifications for child care provider)
A person who as at the time this Act enters into force, has completed an educational course conducted by an educational institution under the previous provisions and is designated by the Minister of Gender Equality and Family shall be deemed to have completed the educational course under the amended provisions of Article 7(1)1. <Amended on Oct. 1, 2025>
Article 5 (Transitional measures concerning service-providing agencies)
| (1) | A service agency that was designated under the previous provisions as at the time this Act enters into force shall be deemed a child care service agency designated under the amended provisions of Article 11. |
| (2) | A service agency whose designation was revoked under the previous provisions as at the time this Act enters into force shall be deemed a child care service agency whose designation was revoked under the amended provisions of Article 17(2). |
Article 6 Omitted.
ADDENDA <Act No. 20953, Apr. 29, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional measures concerning revision of disqualifying provisions)
Notwithstanding the amended provisions of this Act, measures, etc. taken under the previous provisions as at the time this Act enters into force shall be deemed valid.
ADDENDA <Act No. 21065, Oct. 1, 2025>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, the amendments to the statutes amended under Article 7 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force ... <omitted> ... on the respective enforcement dates of the relevant statutes.
Articles 2 through 6 Omitted.