CHILD CARE ACT
Wholly Amended by Act No. 7153, Jan. 29, 2004
Amended by Act No. 7186, Mar. 11, 2004
Act No. 7302, Dec. 31, 2004
Act No. 7785, Dec. 29, 2005
Act No. 8563, Jul. 27, 2007
Act No. 8655, Oct. 17, 2007
Act No. 8654, Oct. 17, 2007
Act No. 8851, Jan. 17, 2008
Act No. 8852, Feb. 29, 2008
Act No. 9165, Dec. 19, 2008
Act No. 9511, Mar. 20, 2009
Act No. 9792, Oct. 9, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10012, Feb. 4, 2010
Act No. 10339, jun. 4, 2010
Act No. 10789, jun. 7, 2011
Act No. 10854, Jul. 14, 2011
Act No. 10983, Aug. 4, 2011
Act No. 11003, Aug. 4, 2011
Act No. 11002, Aug. 4, 2011
Act No. 11144, Dec. 31, 2011
Act No. 11382, Mar. 21, 2012
Act No. 11627, Jan. 23, 2013
Act No. 11690, Mar. 23, 2013
Act No. 11858, jun. 4, 2013
Act No. 11998, Aug. 6, 2013
Act No. 12068, Aug. 13, 2013
Act No. 12251, Jan. 14, 2014
Act No. 12619, May 20, 2014
Act No. 12697, May 28, 2014
Act No. 13321, May 18, 2015
Act No. 13323, May 18, 2015
Act No. 13498, Aug. 28, 2015
Act No. 13656, Dec. 29, 2015
Act No. 14001, Feb. 3, 2016
Act No. 14597, Mar. 14, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to promoting the welfare of infants and young children and their families by fostering them to become healthy members of the society by nurturing their minds and bodies, and their sound education, and by facilitating their guardians’ economic and social activities. <Amended by Act No. 11003, Aug. 4, 2011>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
The terms used in this Act shall be defined as follows: <Amended by Act No. 9165, Dec. 19, 2008; Act No. 10789, Jun. 7, 2011>
| 1. | The term "infants and young children" means pre-schoolers under the age of six; |
| 2. | The term "child care" means social welfare services supporting child care centers and home nurseries that protect and foster infants and young children in a healthy and safe manner and providing infants and young children with education tailored to their growth patterns; |
| 3. | The term "child care center" means institutions caring for infants and young children entrusted by guardians; |
| 4. | The term "guardian" means a person in parental authority, a tutor and any other person actually caring for an infant or a young child; |
| 5. | The term "child care teachers and staff" means principals, child care teachers, and other employees of child care centers, in charge of the nursery and health care of infants and young children in the child care centers, consultations with guardians, and other affairs concerning the management and operation of the child care centers. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 3 (Concept of Child Care) |
| (1) | Child care services shall be rendered with priority consideration given to the interests of infants and young children. |
| (2) | Child care services shall be rendered so that infants and young children can grow up healthily in a safe and comfortable environment. |
| (3) | Infants and young children shall be cared for without discrimination due to their or their guardians' gender, age, religion, social standing, property status, disabilities, race, place of birth, etc. <Amended by Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 4 (Responsibility) |
| (1) | All people shall have responsibility to care for infants and young children in a healthy manner. |
| (2) | The State and local governments shall have responsibility to care for infants and young children in a healthy manner together with the guardians thereof and endeavor to secure financial resources therefor in a stable manner. <Amended by Act No. 11627, Jan. 23, 2013> |
| (3) | The Special Self-Governing Province Governor and the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply) shall ensure there are appropriate child care centers in their jurisdictional areas to care for infants and young children. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (4) | The State and local governments shall endeavor to train child care teachers and staff, and to improve their working conditions. <Newly Inserted by Act No. 13321, May 18, 2015> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 5 (Child Care Policy Coordination Committee) |
| (1) | The Child Care Policy Coordination Committee (hereinafter referred to as the "Child Care Policy Coordination Committee") shall be established under the Prime Minister to coordinate opinions of the relevant Ministries on child care policies. |
| (2) | The Child Care Policy Coordination Committee shall deliberate on and coordinate the following: |
| 1. | Matters concerning the basic direction-setting for child care policies; |
| 2. | Matters concerning the improvement of relevant systems of child care and budgetary support; |
| 3. | Matters concerning cooperation among the relevant Ministries for child care; |
| 4. | Other matters placed on the agenda by the chairperson. |
| (3) | The Child Care Policy Coordination Committee shall be comprised of up to 12 members, including a chairperson. The Minister of the Office for Government Policy Coordination shall be the chairperson and the following persons shall be members of the Child Care Policy Coordination Committee: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10339, Jun. 4, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11690, Mar. 23, 2013> |
| 1. | Vice-Ministers of Strategy and Finance, Vice-Ministers of Education, Vice-Ministers of Health and Welfare, Vice-Ministers of Employment and Labor, and Vice-Ministers of Gender Equality and Family; |
| 2. | Each person representing the child care sector, the early childhood education sector, the women's sector, the social and welfare sector, civic groups, and guardians, who are commissioned by the chairperson on the recommendation of the members referred to in subparagraph 1. |
| (4) | Necessary matters concerning the organization, operation, etc. of the Child Care Policy Coordination Committee shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 6 (Child Care Policy Committees) |
| (1) | The Central Child Care Policy Committee shall be established within the Ministry of Health and Welfare, and local child care policy committees shall be established in a Special Metropolitan City, a Metropolitan City, a Do and a Special Self-Governing Province (hereinafter referred to as "City/Do") and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to deliberate on various policies, projects, guidance on child care, items for accreditation of child care centers, etc.: Provided, That where another suitable committee exists to function as a local child care policy committee and members of the other committee meet the qualifications referred to in paragraph (2), the other committee may assume the functions of the local child care policy committee, as prescribed by municipal ordinance of a City/Do or Si/Gun/Gu. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | Members of the Central Child Care Policy Committee and local child care policy committees referred to in paragraph (1) (hereinafter referred to as "Child Care Policy committees") shall be comprised of child care specialists, principals of child care centers, representatives of child care teachers, representatives of guardians, persons representing the public interest, relevant public officials, etc. <Amended by Act No. 10789, Jun. 7, 2011> |
| (3) | Matters necessary for the composition, functioning, operation, etc. of the Child Care Policy committees shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 7 (Child Care Support Centers) |
| (1) | The Minister of Health and Welfare shall establish and operate the Central Child Care Support Center; and each Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of each Si/Gun/Gu shall establish and operate local child care support centers to provide temporary care services for infants and young children referred to in Article 26-2, to collect and provide information on child care, and to provide counseling services on child care. In such cases, when deemed necessary, child care support centers for infants, disabled children, etc., may be established and operated, separately. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11858, Jun. 4, 2013> |
| (2) | The Central Child Care Support Center or each local child care support center referred to in paragraph (1) (hereinafter referred to as "child care support center") shall consist of a head, child care experts engaged in providing information on child care services, counseling experts engaged in emotional and psychological counseling services for child care teachers and staff, and others. <Amended by Act No. 11858, Jun. 4, 2013; Act No. 13321, May 18, 2015> |
| (3) | Deleted. <by Act No. 11003, Aug. 4, 2011> |
| (4) | Matters necessary for the establishment, operation, and functions of child care support centers, qualifications for and duties of the heads of child care support centers, child care experts, and counseling experts, shall be prescribed by Presidential Decree. <Amended by Act No. 11003, Aug. 4, 2011; Act No. 11858, Jun. 4, 2013; Act No. 13321, May 18, 2015> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 8 (Child Care Development Institutes) |
| (1) | The Minister of Health and Welfare may establish a child care development institute for the affairs of research and provision of information, development of programs, and teaching materials, development of evaluation standards, and education and training of child care teachers and staff, etc. for child care or entrust the related research institute, etc. with such affairs. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | Matters necessary for the establishment and operation, and entrustment, etc. of child care development institutes under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 9 (Fact-Finding Surveys of Child Care) |
| (1) | The Minister of Health and Welfare shall conduct a fact-finding survey of child care every three years to properly enforce this Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | Matters necessary for methods and details, etc. of fact-finding surveys of child care under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 9-2 (Education of Guardians) |
| (1) | The State and local governments may provide guardians of infants and young children with education on the growth and methods of bringing up infants and young children, roles of guardians, human rights of infants and young children, etc. |
| (2) | The Minister of Health and Welfare or the head of each local government may provide subsidies for expenses for education prescribed in paragraph (1) within budgetary limits. |
| (3) | Matters necessary for the contents, methods of implementation, etc. of education prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 14597, Mar. 14, 2017]
<<Enforcement Date: Sep. 15, 2017>>
CHAPTER II ESTABLISHMENT OF CHILD CARE CENTERS
| Article 10 (Types of Child Care Centers) |
The types of child care centers shall be as follows: <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 14001, Feb. 3, 2016; Act No. 14597, Mar. 14, 2017>
| 1. | National or public child care centers: Child care centers established and operated by the State or local governments; |
| 2. | Child care centers of social welfare corporations: Child care centers established and operated by social welfare corporations established under the Social Welfare Services Act (hereinafter referred to as "social welfare corporations"); |
| 3. | Child care centers of corporations, organizations, etc.: Child care centers established and operated by various kinds of corporations (non-profit corporations, excluding social welfare corporations), organizations, etc., prescribed by Presidential Decree; |
| 4. | Workplace child care centers: Child care centers established and operated by business owners for their employees (including child care centers established and operated by the State or the heads of local governments for relevant public officials and non-public officials who have concluded a labor contract with the State or with the heads of local governments); |
| 5. | Home-based child care centers: Child care centers established and operated by individuals at their homes and in places corresponding thereto; |
| 6. | Cooperative child care centers: Child care centers established and operated by associations founded by guardians, or by guardians and child care teachers and staff (limited to non-profit associations); |
| 7. | Private child care centers: Child care centers not falling under any of subparagraphs 1 through 6. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 11 (Formulation and Implementation of Child Care Plans) |
| (1) | To facilitate the provision of child care services, the Minister of Health and Welfare shall formulate and implement child care plans, including supply and demand plans for child care centers following deliberation by the Central Child Care Policy Committee, and a Mayor/Do Governor and the head of a Si/Gun/Gu shall formulate and implement the same following deliberation by the relevant local child care policy committee. In such cases, child care plans shall include plans and objectives for the supply of national or public child care centers. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013> |
| (2) | If deemed necessary to formulate and/or implement child care plans referred to in paragraph (1), the Minister of Health and Welfare, Mayor/Do Governor, and head of a Si/Gun/Gu may request child care centers, child care-related corporations, organizations, etc. to submit materials, etc. The child care centers, child care-related corporations, organizations, etc. in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (3) | Matters necessary for details of child care plans referred to in paragraph (1), timing and procedures for formulation thereof, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 11-2 (Securing Child Care Centers or Sites for Child Care Centers) |
Each Mayor/Do Governor or the head of each Si/Gun/Gu shall endeavor to secure child care centers or sites for child care centers in the development, maintenance, improvement, and preparation projects to be implemented under the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Site Development Promotion Act, the Industrial Sites and Development Act, the Special Act on Public Housing, etc. <Amended by Act No. 9511, Mar. 20, 2009; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 12251, Jan. 14, 2014; Act No. 13498, Aug. 28, 2015> [This Article Newly Inserted by Act No. 8851, Jan. 17, 2008]
| Article 12 (Establishment, etc. of National or Public Child Care Centers) |
The State and local governments shall establish and operate national or public child care centers. In such cases, national or public child care centers shall be preferentially established in the following areas according to child care plans under Article 11: <Amended by Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013; Act No. 14597, Mar. 14, 2017> | 1. | Vulnerable areas, such as urban residential areas densely populated by low income people and agricultural and fishing communities; |
| 2. | Housing complex areas where multi-family housing buildings for more than the fixed number of households prescribed by Presidential Decree are built among multi-family housing buildings under the Building Act; |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 13 (Establishment of Child Care Centers Other Than National or Public Child Care Centers) |
| (1) | A person who intends to establish and operate child care centers other than national or public child care centers shall obtain authorization from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu. The same shall also apply where the person intends to modify an important authorized matter. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (2) | A person who has obtained authorization to establish a child care center pursuant to paragraph (1) shall place the certificate of authorization of the child care center where it can be readily seen by visitors, etc. <Newly Inserted by Act No. 11003, Aug. 4, 2011> |
| (3) | Matters necessary for authorization under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 14 (Establishment, etc., of Workplace Child Care Centers) |
| (1) | Each business owner, who operates a workplace in a size larger than that prescribed by Presidential Decree, shall establish workplace child care centers: Provided, That where a business owner is unable to establish a workplace child care center alone, he/she shall establish and operate a joint workplace child care center with other business owners, or conclude an entrustment contract for child care services with a local child care center (hereinafter referred to as "entrusted child care services" in this Article) to support his/her employees. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 12619, May 20, 2014> |
| (2) | Where a business owner provides entrusted child care services pursuant to the proviso to paragraph (1), the ratio of employees' children provided with child care services to those entitled for child care services in the workplace shall exceed a certain ratio prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12619, May 20, 2014> |
| (3) | Matters necessary to establish child care centers, and to provide entrusted child care services, under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 12619, May 20, 2014> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 14-2 (Publication, etc., of List of Business Entities Failing to Perform Duty to Establish Workplace Child Care Centers) |
| (1) | The Minister of Health and Welfare and the head of the agency prescribed by Presidential Decree (hereafter referred to as "inspection agency"; the same shall apply in this Article) shall annually inspect whether a business entity performs his/her duty, etc. referred to in Article 14, such as establishment of workplace child care centers. In such cases, the head of the inspection agency shall notify the Minister of Health and Welfare of the findings of such inspection. |
| (2) | The Minister of Health and Welfare may publish a list of business entities who have failed to perform their duty to establish workplace child care centers, etc., and business entities who have refused to undergo the inspection (hereafter referred to as "business entities failing to perform duty"; the same shall apply in this Article) after completing the inspection referred to in paragraph (1): Provided, That the same shall not apply where any ground specified in Presidential Decree occurs. <Amended by Act No. 12619, May 20, 2014> |
| (3) | There shall be established a Deliberative Committee on Publication of the List of Workplace Child Care Centers (hereafter referred to as the "Committee" in this Article) in the Ministry of Health and Welfare to deliberate on the publication of the list of business entities failing to perform duty referred to in paragraph (2). In such cases, the Committee shall be comprised of at least five members, including a chairperson, each appointed or commissioned by the Minister of Health and Welfare, from among the following persons: <Amended by Act No. 12619, May 20, 2014> |
| 1. | Grade III public officials, or public officials in general service who shall be a member of the Senior Executive Service, in charge of child care policies in the Ministry of Health and Welfare; |
| 2. | Legal experts, such as attorneys-at-law; |
| 3. | Persons representing employees; |
| 4. | Persons representing business owners; |
| 5. | Persons representing public interest; |
| 6. | Other persons prescribed by Presidential Decree, such as child care experts. |
| (4) | The Minister of Health and Welfare shall notify business owners of the list to be published following deliberation by the Committee, and give them with an opportunity to make explanatory statements, as prescribed by Presidential Decree. |
| (5) | A publication referred to in paragraph (2) shall be made by means of posting the list on the websites of the Ministry of Health and Welfare and the Ministry of Employment and Labor for one year, and publishing it in at least two daily newspapers. <Amended by Act No. 12619, May 20, 2014> |
| (6) | Details and methods of inspections on whether business entities perform duty to establish workplace child care centers or other duty, matters necessary to publish the list of business entities failing to perform duty, matters necessary to establish and operate the Committee, etc., referred to in paragraphs (1) through (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11144, Dec. 31, 2011]
| Article 15 (Standards for Establishment of Child Care Centers) |
Each person, who intends to establish and operate child care centers, shall meet the establishment standards prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That matters related to the installation of playgrounds, accident prevention facilities, and closed-circuit televisions shall be governed by Articles 15-2 through 15-4, respectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11144, Dec. 31, 2011; Act No. 13321, May 18, 2015> [This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 15-2 (Installation of Playgrounds) |
| (1) | Each person, who has established or operates a child care center, shall install playgrounds, and the installation standards shall be prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That the same shall not apply to any of the following child care centers: |
| 1. | Child care centers with a capacity of less than 50 children; |
| 2. | Child care centers having playgrounds meeting standards prescribed by Ordinance of the Ministry of Health and Welfare within a distance of 100 meters. |
| (2) | Notwithstanding paragraph (1), when it is impracticable for a child care center authorized before January 29, 2005 to install playgrounds due to its locational circumstance, such as downtown areas, islands or remote areas, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may exempt the installation of playgrounds, or grant revised authorization by mitigating the installation standards for playgrounds, through deliberation by the relevant local child care policy committee referred to in Article 6 (1) unless any obstacle to child care arises. |
[This Article Newly Inserted by Act No. 10789, Jun. 7, 2011]
| Article 15-3 (Accident Prevention Facilities) |
| (1) | Each person, who has established or operates a child care center, shall install accident prevention facilities specific for each floor level, and the installation standards shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Notwithstanding paragraph (1), when the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, deems that child care centers already authorized before July 3, 2009 (hereafter referred to as "authorized child care center"; the same shall apply in this Article) have no obstruction to accident prevention, he/she may apply the former standards effective as at the time of authorization. In such cases, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, shall establish and operate a deliberative committee on standards for accident prevention facilities to determine whether authorized child care centers have any obstruction to accident prevention, and shall undergo deliberation by the relevant committee. |
| (3) | Each deliberative committee on standards for accident prevention facilities referred to in paragraph (2) shall be comprised of at least five members appointed or commissioned by the Governor of a Self-Governing Province or the head of a Si/Gun/Gu, from among the following persons. In such cases, at least one half of members shall fall under subparagraphs 1 through 4, and the chairperson shall be elected from among the members by mutual vote: |
| 2. | Professional fire-fighting engineers; |
| 3. | Fire equipment managers; |
| 5. | Public officials in charge of child care-related affairs; |
| (4) | The provisions pertaining to local child care policy committees referred to in Article 6 shall apply mutatis mutandis to matters necessary for the term of office of members, operation, meetings, etc. |
[This Article Newly Inserted by Act No. 11144, Dec. 31, 2011]
| Article 15-4 (Installation, etc., of Closed-Circuit Televisions) |
| (1) | Each person, who has established or operates a child care center, shall install or manage closed-circuit televisions under the Personal Information Protection Act and relevant statutes (hereinafter referred to as "closed circuit television") to secure the safety of infants and young children, such as prevention of child abuse, and to provide security to the child care center: Provided, That the same shall not apply to either of the following cases: |
| 1. | Where a person, who has established or operates a child care center, files a report with the head of a Si/Gun/Gu after obtaining consent from all the guardians; |
| 2. | Where a person, who has established or operates a child care center, has installed network cameras under the Personal Information Protection Act and relevant statutes after obtaining consent from all the guardians and child care teachers and staff. |
| (2) | Each person in charge of installing or managing closed-circuit televisions pursuant to paragraph (1) shall observe the following so as not to infringe on the rights of data subjects, such as infants, young children, and child care teachers and staff: |
| 1. | He/she shall collect video information to the minimum extent possible by lawful and reasonable means to secure the safety of infants and young children, such as preventing child abuse, and to provide security to a child care center, and shall ensure that such information is not used for any purpose other than the intended purpose; |
| 2. | He/she shall manage video information safely, taking into account the possibility of infringing on the rights of data subjects, such as infants, young children, and child care teachers and staff, and the degree of harm involved; |
| 3. | He/she shall handle video information in a manner that minimizes invasion of privacy of data subjects, such as infants, young children, and child care teachers and staff. |
| (3) | Each person, who has established or operates a child care center, shall keep video information recorded in a closed-circuit television for at least 60 days. |
| (4) | Matters necessary for the standards for installation and management of closed-circuit televisions, the method, procedures and requirements for obtaining consent or filing a report under paragraph (1), and the standards, period, etc., for storage of video information under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
| Article 15-5 (Prohibition, etc., of Inspection of Video Information) |
| (1) | No person in charge of installing or managing closed-circuit televisions shall make the video information under Article 15-4 (1) available for inspection, except in any of the following cases: |
| 1. | Where a guardian requests inspection thereof in accordance with the timing, procedures, method, etc., for inspection prescribed by Ordinance of the Ministry of Health and Welfare, for the purpose of checking the safety of his/her child or a child under his/her guardianship; |
| 3. | Where inspection thereof is necessary to investigate crimes, to institute or maintain public prosecution, or to conduct trial affairs of a court; |
| 4. | Other cases where an institution, which conducts safety affairs related to child care and is prescribed by Ordinance of the Ministry of Health and Welfare, requests inspection thereof in accordance with the timing, procedures, method, etc., for inspection prescribed by Ordinance of the Ministry of Health and Welfare to perform its duties. |
| (2) | No person, who establishes or operates a child care center, shall commit any of the following: |
| 1. | Arbitrarily manipulating a closed-circuit television for any purpose other than its installation purpose specified in Article 15-4 (1), or making it focus on a place other than the originally intended place; |
| 2. | Using its sound recording function, or storing video information in a device or apparatus other than the storage device prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Each person, who has established or operates a child care center, shall take technical, managerial, and physical measures necessary to secure safety, such as formulating internal management plans and keeping access records, to prevent the video information referred to in Article 15-4 (1) from being lost, stolen, leaked, modulated, or damaged, as prescribed by Presidential Decree. |
| (4) | To ensure that the rights of data subjects, such as infants, young children, and child care teachers and staff, are not infringed due to the installation or management of closed-circuit televisions at child care centers or the inspection of the relevant video information, the State and local governments shall examine and check the actual status of installation, management, and inspection at least annually, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | Except as otherwise expressly provided for in this Act, the Personal Information Protection Act (except for Article 25) shall apply to the installation and management of closed-circuit televisions, and to the inspection of the relevant video information. |
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
| Article 16 (Grounds for Disqualification) |
None of the following persons shall establish and operate any child care center: <Amended by Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013; Act No. 12697, May 28, 2014; Act No. 13321, May 18, 2015>
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 4. | A person declared bankrupt, but not yet reinstated; |
| 5. | A person for whom five years (or twenty years if he/she has committed a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act) have not elapsed since his/her imprisonment without labor or heavier punishment was completely executed (including where such execution is deemed completed) or waived; |
| 6. | A person subject to a suspended sentence of imprisonment without labor or heavier punishment as declared by a court: Provided, That a person to whom a suspended sentence of imprisonment without prison labor or heavier punishment has been given for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act shall remain disqualified until twenty years elapse after such suspended sentence is final and conclusive; |
| 7. | A person for whom five years have not elapsed since he/she was ordered to close a child care center under Article 45; |
| 8. | A person for whom two years have not elapsed since his/her punishment by a fine of at least three million won was final and conclusive under Article 54, or a person for whom ten years have not elapsed since his/her punishment by a fine was final and conclusive for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act; |
| 9. | A person who fails to perform an order to undergo education under Article 23-3. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER III CHILD CARE TEACHERS AND STAFF
| Article 17 (Deployment of Child Care Teachers and Staff) |
| (1) | Child care teachers and staff shall be deployed in child care centers. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | Child care centers shall deploy assistant teachers, etc., to reduce the work burden of child care teachers. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (3) | Where a child care teacher is unable to perform his/her duties due to vacation, continuing education, etc., a substitute teacher shall be deployed to perform duties on his/her behalf. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (4) | Matters necessary for the standards for deployment of child care teachers and staff, and other personnel shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 13321, May 18, 2015> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 18 (Duties of Child Care Teachers and Staff) |
| (1) | Principals of child care centers shall have overall control of the child care centers, guide and supervise child care teachers and other staff members, and care for infants and young children. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | Child care teachers shall care for infants and young children and shall perform the duties of the principals of the child care centers on behalf of the principals when they are unable to exercise their duties due to unavoidable reasons. <Amended by Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 18-2 (Responsibilities of Child Care Teachers and Staff) |
In caring for infants and young children, no child care teachers and staff shall inflict physical or mental pain, including loud voices, abusive language, etc., on infants and young children.
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
| Article 18-2 (Responsibilities of Child Care Teachers and Staff) |
| (1) | In caring for infants and young children, no child care teachers and staff shall inflict physical or mental pain, including screaming, abusive language, etc., on infants and young children. <Amended by Act No. 14597, Mar. 14, 2017> |
| (2) | Each child care teacher and staff member shall do best to pay attention to the protection of lives and safety of infants and young children and prevention of danger in the conduct of duties. <Newly Inserted by Act No. 14597, Mar. 14, 2017> |
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
<<Enforcement Date: Sep. 15, 2017>>
| Article 19 (Appointment, Dismissal, etc. of Child Care Teachers and Staff) |
| (1) | The Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu shall manage the matters concerning appointment, dismissal and career, etc. of child care teachers and staff to ensure the rights and interests of child care teachers and staff, and to improve their working conditions. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (2) | Principals of child care centers shall report matters concerning the appointment and dismissal of child care teachers and staff to the Governor of a Special Self-Governing Province and the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 20 (Grounds for Disqualification) |
None of the following persons shall be employed by any child care center: <Amended by Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013>
| 1. | A person falling under any subparagraph of Article 16; |
| 2. | A person whose qualification has been suspended pursuant to Article 46 or 47; |
| 3. | A person for whom the period for reissuing qualifications under Article 48 (2) has not elapsed since his/her qualifications were revoked pursuant to Article 48 (1). |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 21 (Qualifications for Principals, Child Care Teachers and Staff of Child Care Centers) |
| (1) | Principals of child care centers shall be persons qualified as prescribed by Presidential Decree, who have acquired a certificate of qualification approved and issued by the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No.9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | Child care teachers shall be any of the following persons who have acquired a certificate of qualification approved and issued by the Minister of Health and Welfare: <Amended by Act No. 8851, Jan. 17, 2008; Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11003, Aug. 4, 2011> |
| 1. | A person who has acquired an academic degree higher than a two-year bachelor, and completed a course related to child care with credits prescribed by Ordinance of the Ministry of Health and Welfare from a school as defined in Article 2 of the Higher Education Act; |
| 1-2. | A person recognized as having an academic background at least equivalent to a graduate from a school as defined in Article 2 of the Higher Education Act pursuant to statutes, and who has acquired an academic degree higher than a two-year bachelor and completed a course related to child care with credits prescribed by Ordinance of the Ministry of Health and Welfare; |
| 2. | A graduate from a high school or any other school at least equivalent to high school and has completed due curricula in educational and training facilities designated by the Mayor/Do Governor. |
| (3) | Child care teachers falling under paragraph (2) shall be graded I, II, or III, and the standards for qualification by grade shall be prescribed by Presidential Decree. |
| (4) | Matters necessary for the designation and cancellation of designation of educational and training facilities, curricula, etc. referred to in paragraph (2) 2 shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 22 (Issuance, etc. of Certificates of Qualification for Principals or Child Care Teachers of Child Care Centers) |
| (1) | The Minister of Health and Welfare shall examine the qualifications of principals and child care teachers of child care centers pursuant to Article 21 (1) and (2) and issue certificates of qualifications. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | The Minister of Health and Welfare may collect fees, as prescribed by Ordinance of the Ministry of Health and Welfare, from persons who intend to have a certificate of qualification for a principal or child care teacher of a child care center issued or re-issued (hereinafter referred to as "issuance, etc. of certificates of qualification for child care") pursuant to paragraph (1). <Newly Inserted by Act No. 10789, Jun. 7, 2011> |
| (3) | and (4) Deleted. <by Act No. 11003, Aug. 4, 2011> |
| (5) | A public or civil institution or organization entrusted with affairs concerning the issuance, etc. of certificates of qualification for child care pursuant to Article 51-2 (1) 2 may appropriate fees it collects under paragraph (2) directly for costs incurred in the issuance, etc. of certificates of qualification for child care, after obtaining approval from the Minister of Health and Welfare. <Newly Inserted by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (6) | Matters necessary for the issuance, etc. of certificates of qualification for child care shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 22-2 (Prohibition on Lending Name, etc.) |
No principal or child care teacher of any child care center shall permit any third person to perform any of the duties of such principal or child care teacher of the relevant child care center by using his/her name or under the title of such child care center, nor lend his/her certificate of qualification to any third person. <Amended by Act No. 10789, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 23 (Continuing Education for Principals of Child Care Centers) |
| (1) | The Minister of Health and Welfare shall provide continuing education to improve the quality of principals of child care centers. In such cases, continuing education shall be conducted in the form of off-the-job training. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11144, Dec. 31, 2011; Act No. 13321, May 18, 2015> |
| (2) | Continuing education referred to in paragraph (1) shall be divided into preliminary on-the-job education and on-the-job education. <Amended by Act No. 11144, Dec. 31, 2011> |
| (3) | Deleted. <by Act No. 11003, Aug. 4, 2011> |
| (4) | Continuing education referred to in paragraph (1) shall include the following: <Newly Inserted by Act No. 13321, May 18, 2015; Act No. 13656, Dec. 29, 2015> |
| 1. | Prevention of sexual violence and child abuse; |
| 2. | Precaution against, and prevention of, missing and kidnapping; |
| 3. | Prevention of infectious diseases and drug misuse and abuse, and management of health and hygiene; |
| 4. | Disaster preparedness and safety; |
| 6. | Improving human nature of principals of child care centers (including education on protecting human rights of infants and young children); |
| 7. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | Other matters necessary for the period, method, etc., of continuing education shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11003, Aug. 4, 2011; Act No. 13321, May 18, 2015> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 23-2 (Continuing Education for Child Care Teachers) |
| (1) | The Minister of Health and Welfare shall provide continuing education to improve the quality of child care teachers. In such cases, continuing education shall be conducted in the form of off-the-job training. <Amended by Act No. 13321, May 18, 2015> |
| (2) | Continuing education referred to in paragraph (1) shall be divided into on-the-job education and promotion education. |
| (3) | Continuing education referred to in paragraph (1) shall include the following: <Newly Inserted by Act No. 13321, May 18, 2015; Act No. 13656, Dec. 29, 2015> |
| 1. | Prevention of sexual violence and child abuse; |
| 2. | Precaution against, and prevention of, missing and kidnapping; |
| 3. | Prevention of infectious diseases and drug misuse and abuse, and management of health and hygiene; |
| 4. | Disaster preparedness and safety; |
| 6. | Improving human nature of child care teachers (including education on protecting human rights of infants and young children); |
| 7. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | Other matters necessary for the period, method, etc., of continuing education referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Act Newly Inserted by Act No. 11144, Dec. 31, 2011]
| Article 23-3 (Order to Undergo Education) |
| (1) | Where a person, who has committed a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, intends to establish and operate, or work for, a child care center because he/she is not disqualified under subparagraphs 5 through 8 of Article 16 or subparagraph 1 of Article 20 (limited to subparagraphs 5 through 8 of Article 16), the Minister of Health and Welfare shall order such person to first undergo education for the prevention of child abuse. In such cases, expenses incurred in conducting education shall be borne by the person who undergoes education. <Amended by Act No. 13321, May 18, 2015> |
| (2) | Matters necessary for issuing an order to undergo education referred to in paragraph (1), such as procedures, educational institutions, method and curricula of education, shall be determined by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 12068, Aug. 13, 2013]
CHAPTER IV OPERATION OF CHILD CARE CENTERS
| Article 24 (Standards for Operation of Child Care Centers, etc.) |
| (1) | An establisher/operator of a child care center shall operate it pursuant to the standards for operation of child care centers prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | The State or a local government may entrust the operation of a national or public child care center established under Article 12 with a corporation, organization, or individual. In such cases, the first entrustment shall be deliberated upon following the standards for selection and management of national and public child care center entrustment system which are prescribed by Ordinance of the Ministry of Health and Welfare, and shall follow the method of open tender, unless entrusted to the following persons: <Amended by Act No. 8851, Jan. 17, 2008; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| 1. | When a private child care center is donated to the State or to local government to be converted into a national or public child care center, the establisher/operator of the child care center before the donation; |
| 2. | When establishing a national or public child care center, the person who has donated the relevant site or building to the State or a local government or has allowed the State or a local government to use it without compensation; |
| 3. | When a private child care center established under the Housing Act is converted into a national or public child care center, the establisher/ operator of the child care center before the conversion. |
| (3) | A business owner who has established a workplace child care center pursuant to Article 14 may entrust the operation thereof to corporations, organizations or individuals. <Amended by Act No. 10789, Jun. 7, 2011> |
| (4) | Matters necessary for the entrustment of child care centers and cancellation thereof, etc. under paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 25 (Child Care Center Operating Committees) |
| (1) | The principal of each child care center may establish and operate a child care center operating committee within the child care center, to enhance autonomy and transparency in the operation of the child care center, and to provide child care services suitable for local conditions and characteristics by strengthening ties with the local community: Provided, That a child care center which shall preferentially provide child care services to the vulnerable under Article 26, and a child care center prescribed by Presidential Decree, shall establish and operate a child care center operating committee. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | A child care center operating committee shall be comprised of the principal of the relevant child care center, representatives of child care teachers, representatives of parents, and prominent persons of the local community (in cases of a workplace child care center, referring to the person in charge of the affairs of the child care center in the relevant workplace). In such cases, the representatives of parents shall account for at least a half of the members of the committee. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 13321, May 18, 2015> |
| (3) | The principal of each child care center may fix the number of members of a child care center operating committee consisting of at least five and not more than ten members, considering the scale, etc., of the relevant child care center. <Amended by Act No. 10789, Jun. 7, 2011> |
| (4) | Each child care center operating committee shall deliberate on the following: <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 12068, Aug. 13, 2013; Act No. 13321, May 18, 2015> |
| 1. | Matters concerning the establishment of, or amendment to, operating rules of the relevant child care center; |
| 2. | Matters concerning budget reporting and the settlement of accounts of the relevant child care center; |
| 3. | Matters concerning the health, nutrition, and safety of infants and young children; |
| 3-2. | Matters concerning the prevention of child abuse; |
| 4. | Matters concerning the operation of the child care center, such as hours of caring for infants and young children and the method of operating child care courses; |
| 5. | Matters concerning the improvement of working conditions of child care teachers and staff; |
| 6. | Matters concerning the improvement of nursing environment for infants and young children; |
| 7. | Matters concerning cooperation between the child care center and local communities; |
| 8. | Matters concerning determination on the amount of expenses to be received within the limit under Article 38, where the relevant child care center receives necessary expenses other than child care fees; |
| 9. | Other matters concerning proposals and recommendations on the operation of the child care center. |
| (5) | Meetings of a child care center operating committee shall be held at least quarterly. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (6) | Other matters necessary for the establishment and operation of child care center operating committees shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 13321, May 18, 2015> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 25-2 (Parental Monitoring Groups) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may establish and operate a monitoring group comprised of parents and child care and health care experts (hereafter in this Article, referred to as "parental monitoring group") to monitor the environment of child care centers and provide consultation for improving the environment thereof. |
| (2) | Each parental monitoring group shall perform the following duties: |
| 1. | Monitoring the state of operation of child care centers, such as meals, hygiene, health, and safety management; |
| 2. | Consultation to improve the environment of child care centers; |
| 3. | Other matters related to child care determined by Ordinance of the Ministry of Health and Welfare. |
| (3) | Each parental monitoring group shall be comprised of up to ten persons and commissioned by the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. |
| (4) | A Mayor/Do Governor or the head of a Si/Gun/Gu may provide persons commissioned as members of a parental monitoring group with education necessary for performing their duties. |
| (5) | The State and each local government may provide full or partial subsidies for expenses incurred in the organization, operation, education, etc. of parental monitoring groups, within budgetary limits. |
| (6) | Each parental monitoring group may visit child care centers to perform its duties listed under paragraph (2), and in such cases, after first obtaining approval from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. |
| (7) | Where a parental monitoring group visits a child care center after obtaining approval required in paragraph (6), it shall produce a written approval and an identification certificate to the relevant persons, such as the principal of the child care center. |
| (8) | Where public officials visit a child care center to investigate its operating condition pursuant to Article 42, a parental monitoring group may visit the child care center together with such public officials. In such cases, it need not obtain approval from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. |
| (9) | Details necessary for the composition, operation, education, subsidization, duties, etc. of parental monitoring groups referred to in paragraphs (1) through (8), shall be determined by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 11858, Jun. 4, 2013]
| Article 25-3 (Child Care Center Observation by Guardians) |
| (1) | Guardians may request the principal of a child care center to allow their child care center observation to check its operation realities, such as the care environment for infants and young children and the details of child care. In such cases, the principal of a child care center shall comply with such request, except in extenuating circumstances. |
| (2) | Matters necessary for the standards, method, etc., for observation referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
| Article 26 (Preferential Provision of Child Care Services for the Vulnerable) |
| (1) | Principals of child care centers established by the State, local governments, social welfare corporations, and other nonprofit corporations, and child care centers prescribed by Presidential Decree shall preferentially provide child care services for infants, disabled children, children of multicultural families defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act, etc. (hereinafter referred to as "child care services for the vulnerable"). <Amended by Act No. 9165, Dec. 19, 2008; Act No. 10789, Jun. 7, 2011> |
| (2) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate and implement various policies necessary to vitalize child care services for the vulnerable. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Matters necessary for the type, provision, etc., of child care services for the vulnerable shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 26-2 (Temporary Child Care Services) |
| (1) | If necessary, the State or a local government may support temporary care services for infants and young children who do not benefit from free child care services under Article 34, or free-of-charge education under Article 24 of the Early Childhood Education Act. In such cases, matters necessary for the provision of temporary child care services, including types, eligibility, and methods, shall be determined by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, and the head of a Si/Gun/Gu may designate any of the following facilities as an institution providing temporary child care services (hereafter in this Article, referred to as "temporary child care service provider"): |
| 1. | Child care support centers; |
| 3. | Other facilities prescribed by Ordinance of the Ministry of Health and Welfare which can provide temporary child care services. |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may provide subsidies for expenses incurred in providing temporary child care services to temporary child care service providers, within budgetary limits. |
| (4) | Where a temporary child care service provider falls under any of the following, the head of a Si/Gun/Gu may cancel designation referred to in paragraph (2): |
| 1. | Where it uses a subsidy or expenses for any other purpose than the intended purpose; |
| 2. | Where it receives a subsidy or expenses by fraud or other improper means; |
| 3. | Where other grounds determined by Presidential Decree exist. |
| (5) | Article 31-2 shall apply mutatis mutandis to the prevention of accidents at temporary child care service providers and compensation for damage to the lives, bodies, etc. of infants and young children caused by an accident. In such cases, "child care center" shall be construed as "temporary child care service provider" and "principal of a child care center" as "head of a temporary child care service provider." |
[This Article Newly Inserted by Act No. 11858, Jun. 4, 2013]
| Article 27 (Eligibility for Use of Child Care Centers) |
Those eligible for using child care centers shall be infants and young children who need child care: Provided, That principals of child care centers may, if necessary, extend their child care by up to 12 years in full. <Amended by Act No. 10789, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 28 (Preferential Provision of Child Care) |
| (1) | Principals of child care centers established by the State, local governments, social welfare corporations, and other nonprofit corporations, and of child care centers prescribed by Presidential Decree shall enable any of the following persons to preferentially use child care centers: Provided, That principals of child care centers established and operated by public organizations or nonprofit corporations entrusted with the establishment and operation of employment promotion facilities pursuant to Article 40 (2) of the Framework Act on Employment Policy may enable workers' children to preferentially use such child care centers: <Amended by Act No. 8655, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9792, Oct. 9, 2009; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013> |
| 6. | Children who have type 1 diabetes and have no problem in caring, as they are easily treated medically and able to live a daily life normally; |
| 7. | Children of other persons prescribed by Ordinance of the Ministry of Health and Welfare, considering the level of income, demand for child care, etc. |
| (2) | Each business owner shall enable children of workers of his/her place of business to preferentially use its workplace child care center. <Amended by Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 28 (Preferential Provision of Child Care) |
| (1) | Principals of child care centers established by the State, local governments, social welfare corporations, and other nonprofit corporations, and of child care centers prescribed by Presidential Decree shall enable any of the following persons to preferentially use child care centers: Provided, That principals of child care centers established and operated by public organizations or nonprofit corporations entrusted with the establishment and operation of employment promotion facilities pursuant to Article 40 (2) of the Framework Act on Employment Policy may enable workers' children to preferentially use such child care centers: <Amended by Act No. 8655, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9792, Oct. 9, 2009; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013; Act No. 14001, Feb. 3, 2016; Act No. 14597, Mar. 14, 2017> |
| 2. | Children of persons eligible for protection under Article 5 of the Single Parent Family Support Act; |
| 6. | Children of soldiers or police officers killed in action in subparagraph 3, soldiers and police officers wounded in action in subparagraphs 4, 6, 12, 15, and 17 prescribed by Ordinance of the Ministry of Health and Welfare, and soldiers and police officers killed in the line of duty in subparagraphs 5, 14, and 16, among persons of distinguished service to the State prescribed in Article 4 (1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State; |
| 7. | Children who have type 1 diabetes and have no problem in caring, as they are easily treated medically and able to live a daily life normally; |
| 8. | Children of other persons prescribed by Ordinance of the Ministry of Health and Welfare, considering the level of income, demand for child care, etc. |
| (2) | Each business owner shall enable children of workers of his/her place of business to preferentially use its workplace child care center. <Amended by Act No. 10789, Jun. 7, 2011> |
| (3) | Matters concerning methods of application to, standards for, etc. of persons eligible for preferential use of child care centers prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 14597, Mar. 14, 2017> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
<<Enforcement Date: Sep. 15, 2017>>
| Article 29 (Child Care Courses) |
| (1) | Child care courses shall be comprised of curricula able to promote the bodily, emotional, linguistic, social, and cognitive development of infants and young children. |
| (2) | The Minister of Health and Welfare shall develop and proliferate standard child care courses and, if necessary, modify and supplement such standard child care courses through the review of their curricula. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
| (3) | Principals of child care centers shall endeavor to care for infants and young children by means of the standard child care courses pursuant to paragraph (2). <Amended by Act No. 10789, Jun. 7, 2011> |
| (4) | Principals of child care centers may conduct extracurricular activity programs for infants and young children of at least a certain age provided inside and outside of the child care centers, other than the child care courses, within a certain time zone determined by Ordinance of the Ministry of Health and Welfare (hereinafter referred to as "extracurricular activity") after obtaining consent from their guardians. In such cases, the principals of such child care centers shall prepare programs as an alternative to the extracurricular activity for infants and young children not participating in the extracurricular activity. <Newly Inserted by Act No. 12068, Aug. 13, 2013> |
| (5) | Matters necessary for child care courses in paragraph (1), the age of infants and young children eligible for, and details of, the extracurricular activity under paragraph (4), and other matters, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 12068, Aug. 13, 2013> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 29-2 (Records of Life in Child Care Centers) |
Principals of child care centers shall prepare and manage records of the lives of infants and young children pursuant to the standards prescribed by the Minister of Health and Welfare by comprehensively observing and evaluating the conditions of development, etc. of the infants and young children so that the records may be used for living guidance of the infants and young children and for guidance linked with elementary school education. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 30 (Accreditation of Child Care Centers) |
| (1) | To enhance the quality of child care services, the Minister of Health and Welfare may, upon request by the establisher/operator of a child care center, accredit the relevant child care center by evaluating the child care center in terms of child care environment, operation of child care courses, expertise of child care personnel, etc. <Amended by Act No. 11003, Aug. 4, 2011> |
| (2) | The Minister of Health and Welfare may collect accreditation fees from the establisher/operator of a child care center who intends to obtain accreditation referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The Minister of Health and Welfare may provide assistance necessary for conducting child care business, based on the results of accreditation referred to in paragraph (1). |
| (4) | The Minister of Health and Welfare may publish the results of accreditation of child care centers under paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11003, Aug. 4, 2011> |
| (5) | When the establisher/operator of a child care center accredited pursuant to paragraph (1) falls under any of the following cases, the Minister of Health and Welfare may cancel such accreditation: Provided, That he/she must cancel accreditation in cases falling under subparagraph 1: <Amended by Act No. 11003, Aug. 4, 2011> |
| 1. | When the establisher/operator has obtained the accreditation by fraud or other improper means; |
| 2. | When the establisher/operator of a child care center is sentenced to a punishment by imprisonment without prison labor for a violation of this Act and the punishment is declared final and conclusive; |
| 3. | When the establisher/operator is subject to an order to return subsidies referred to in subparagraph 2 or 3 of Article 40 or is subject to an administrative disposition referred to in Article 45 or Articles 46 through 48 (excluding orders for correction); |
| 4. | Circumstances prescribed by Presidential Decree in which it is deemed impracticable for the establisher/operator to maintain the accreditation. |
| (6) | Public or civil institutions or organizations entrusted with accreditation-related affairs pursuant to Article 51-2 (1) 4 may appropriate costs received pursuant to paragraph (2) for costs for accreditation after obtaining approval from the Minister of Health and Welfare therefor. <Amended by Act No. 11003, Aug. 4, 2011> |
| (7) | Matters necessary for the implementation, period of validity, etc. of accreditation of child care centers referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 10789, Jun. 7, 2011]
CHAPTER V HEALTH, NUTRITION AND SAFETY
| Article 31 (Health Care and Emergency Measures) |
| (1) | Principals of child care centers shall take care of the health of infants and young children, and child care teachers and staff through regular medical checkups, etc. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | Principals of child care centers shall, if any emergency situation affects an infant or young child due to a disease, accident, or disaster, immediately transport him/her to an emergency medical institution. <Amended by Act No. 10789, Jun. 7, 2011> |
| (3) | Matters necessary for medical checkups, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and, Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 31 (Health Care and Emergency Measures) |
| (1) | Principals of child care centers shall take care of the health of infants and young children, and child care teachers and staff by giving regular medical checkups, etc., and by recording the medical checkups of infants and young children in records of lives prescribed in Article 29-2: Provided, That a medical checkup may be omitted for infants and young children whose guardians have had them receive a medical checkup separately and submitted the results of the medical checkup. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 14597, Mar. 14, 2017> |
| (2) | Principals of child care centers shall, if any emergency situation affects an infant or young child due to a disease, accident, or disaster, immediately transport him/her to an emergency medical institution. <Amended by Act No. 10789, Jun. 7, 2011> |
| (3) | Matters necessary for details of standards, matters, etc. of medical checkups, under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and, Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 14597, Mar. 14, 2017> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
<<Enforcement Date: Sep. 15, 2017>>
| Article 31-2 (Mutual Aid Business, etc. for Safety of Child Care Centers) |
| (1) | Mutual aid business for safety of child care centers (hereinafter referred to as "mutual aid business") may be conducted through a cooperative organization of child care centers with permission of the Minister of Health and Welfare in order to prevent accidents in child care centers and compensate infants, young children, and child care teachers and staff for loss of their lives, bodies or property caused by accidents in child care centers. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (2) | A mutual aid association for safety of child care centers (hereinafter referred to as "mutual aid association") established for mutual aid business shall be a corporation and be duly formed by completing registration for corporation at the registry of its principal place of business. <Amended by Act No. 10789, Jun. 7, 2011> |
| (3) | Principals of child care centers shall become members of a mutual aid association. <Amended by Act No. 11003, Aug. 4, 2011> |
| (4) | The principal of a child care center who is a member of a mutual aid association shall pay money invested to conduct mutual aid business, the following mutual aid fees, etc, to the mutual aid association: Provided, That the fees referred to in subparagraphs 2 and 3 may be paid selectively by principals of child care centers: <Newly Inserted by Act No. 11003, Aug. 4, 2011> |
| 1. | Mutual aid fees to compensate for damage to the lives and bodies of infants and young children; |
| 2. | Mutual aid fees to compensate for damage to the lives and bodies of child care teachers, staff, etc.; |
| 3. | Mutual aid fees to compensate for damage to the property of child care centers. |
| (5) | An endowment of the mutual aid association shall be created with investments, etc. of members: Provided, That the Minister of Health and Welfare may partially provide subsidies for expenses incurred in relation to establishment and operation of the head office of the mutual aid association. <Amended by Act No. 9932, Jan. 18, 2010> |
| (6) | Qualifications for a member, matters concerning an executive and matters concerning the standards for a share in investments of the mutual aid association shall be prescribed by the articles of association. |
| (7) | The standards and procedures for permission for establishment, particulars to be stated in the articles of association, matters necessary for operation and supervision, etc. of the mutual aid association shall be prescribed by Presidential Decree. |
| (8) | The mutual aid association shall determine the regulations on mutual aid, including matters necessary for operation of the mutual aid business, such as the scope of the mutual aid business, fees for mutual aid, a liability reserve for appropriation to the mutual aid business, etc., and obtain permission therefor from the Minister of Health and Welfare. The same shall also apply when it is intended to amend the regulations on mutual aid. <Amended by Act No. 9932, Jan. 18, 2010> |
| (9) | The provisions on incorporated foundations of the Civil Act shall apply mutatis mutandis to the mutual aid associations, except as otherwise expressly prescribed in this Act. |
| (10) | The Insurance Business Act shall not apply to the mutual aid business of the mutual aid association under this Act. |
| (11) | Principals of child care centers who pay the mutual aid fee referred to in paragraph (4) 3 shall be deemed to have performed the duty to subscribe to insurance pursuant to Article 34-2 of the Social Welfare Services Act. <Newly Inserted by Act No. 11003, Aug. 4, 2011> |
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
| Article 31-3 (Confirmation of Protective Inoculation) |
| (1) | The principal of a child care center may confirm whether an infant or young child has received protective inoculations by receiving a certificate of protective inoculation issued by the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu or the person who inoculated pursuant to Article 27 of the Infectious Disease Control and Prevention Act or other equivalent evidentiary documents from the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu or the guardian of the infant or young child within 30 days from the date he/she first starts to care for the infant or young child. |
| (2) | The principal of a child care center may guide the guardians of infants and young children found to have failed to be vaccinated as a result of confirmation under paragraph (1) for vaccination, and when necessary, request the head of the competent public health center to render cooperation in terms of protective inoculation, etc. |
| (3) | For the confirmation and management of vaccination of infants and young children, principals of child care centers shall record and manage matters concerning protective inoculation and details thereof in the records of life in the child care center under Article 29-2. |
[This Article Newly Inserted by Act No. 11003, Aug. 4, 2011]
| Article 32 (Medical Treatment and Preventive Measures) |
| (1) | If an infant or young child is infected or is feared to be infected by a disease as a result of a medical checkup under Article 31, the principal of a child care center shall take necessary measures to treat and prevent the disease in consultation with his/her guardian. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | The principal of a child care center may segregate infants, young children, dwellers, child care teachers and staff of the child care center who are found to be infected, or suspected or feared to be infected by an infectious disease as a result of medical checkup under Article 31, or as a result of other doctor's diagnoses, from the child care center, or take other necessary measures, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 11003, Aug. 4, 2011> |
| (4) | The head of a public health center or its branch, or a medical institution in receipt of a request for cooperation pursuant to paragraph (2), shall take appropriate measures. |
| (5) | The principal of each child care center may have nurses (including assistant nurses) render assistance when administering medicine to infants and young children by following doctor's prescriptions and directions. In such cases, the principal shall obtain consent from the guardians thereof. <Newly Inserted by Act No. 14001, Feb. 3, 2016> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 33 (Management of Meal Program) |
The principal of each child care center shall hygienically provide infants and young children with nutritionally balanced and safe meals, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 33-2 (Safety Management of Child Care Center Vehicles) |
Where the principal of a child care center operates a vehicle to transport infants and young children to and from the child care center, he/she shall first report such vehicle to the head of the competent police station as a school bus for children pursuant to Article 52 of the Road Traffic Act. [This Article Newly Inserted by Act No. 12068, Aug. 13, 2013]
| Article 34 (Free Child Care) |
| (1) | The State and local governments shall provide child care without compensation, on condition that the details and scope thereof be prescribed by Presidential Decree. |
| (2) | The State and local governments may provide child care without compensation for children with disabilities and children of multicultural families referred to in subparagraph 1 of Article 2 of the Multicultural Families Support Act, considering the situations in which they are and characteristics they have, as prescribed by Presidential Decree. |
| (3) | Expenses incurred in providing free child care under paragraph (1) shall be borne or covered by the State or local governments, as prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare may survey standard child care costs, etc. of child care centers, and, based on the results thereof, determine expenses to be borne by the State and local governments under paragraph (3) in consultation with the heads of relevant administrative agencies, within budgetary limits. |
| (5) | The State and local governments may provide families with at least two children with additional subsidies. |
| (6) | Notwithstanding the latter part of Article 12, the State and local governments shall establish and operate child care centers for infants, young children, disabled children and children of multicultural families who intend to receive free Child Care under paragraphs (1) and (2). |
[This Article Wholly Amended by Act No. 11627, Jan. 23, 2013]
| Article 34-2 (Child Home-Care Allowances) |
| (1) | The State and a local government may provide child home-care allowances for infants and young children who do not use child care centers or kindergartens defined in Article 2 of the Early Childhood Education Act, taking into consideration the age of the relevant infants and young children and financial circumstances of their guardians. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | Even if temporary Child Care services referred to in Article 26-2 are provided for infants and young children eligible under paragraph (1), child home-care allowances referred to in paragraph (1) may be paid for them. <Newly Inserted by Act No. 11858, Jun. 4, 2013> |
| (3) | Where an infant or young child, for whom a child home-care allowance is provided pursuant to paragraph (1), stays overseas continuously for at least 90 days, the State and the relevant local government shall suspend the provision of such allowance during the relevant period. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (4) | Where the Minister of Health and Welfare or the head of the relevant local government suspends the provision of a child home-care allowance pursuant to paragraph (3), he/she shall notify the relevant infant’s or young child’s guardian of such fact, expressly specifying the reason therefor. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (5) | Matters necessary for eligibility, criteria, etc. for child home-care allowances under paragraph (1), shall be prescribed by Presidential Decree. <Amended by Act No. 11858, Jun. 4, 2013; Act No. 13321, May 18, 2015> |
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
| Article 34-3 (Voucher for Care Services) |
| (1) | The State and a local government may supply guardians of infants and young children with voucher for care services (hereinafter referred to as "coupon") to cover expenses under Articles 34 and 34-2. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 11627, Jan. 23, 2013> |
| (2) | Deleted. <by Act No. 11003, Aug. 4, 2011> |
| (3) | Matters necessary for the provision, procedure for use, etc. of voucher shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 11003, Aug. 4, 2011> |
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
| Article 34-4 (Applications for Subsidies and Allowances) |
| (1) | A guardian of an infant or young child may file an application for subsidies and allowances under Articles 34 and 34-2. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11627, Jan. 23, 2013> |
| (2) | In filing an application under paragraph (1), a guardian and his/her family members shall give a written consent to the provision of the following data or information: |
| 3. | Insurance premiums paid under the subparagraphs of Article 4 (1) of the Insurance Business Act and other data and information prescribed by Presidential Decree (hereinafter referred to as "insurance information"). |
| (3) | Methods of, and procedures for, filing applications for subsidies and allowances under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11003, Aug. 4, 2011> |
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
| Article 34-5 (Examinations and Inquiries) |
| (1) | The Minister of Health and Welfare or the head of a local government may request an applicant under Article 34-4 (1) and a person for whom subsidization has been determined to provide documents necessary for verifying his/her entitlement to support for expense, or other data concerning income and assets, etc., and require a subordinate official to visit the residence or other necessary places of an applicant for subsidies and allowances and a person for whom subsidization has been determined to examine documents, etc. or question related persons. <Amended by Act No. 9932, Jan. 18, 2010; Act No. 14001, Feb. 3, 2016> |
| (2) | The Minister of Health and Welfare or the head of a local government may request the head of a related agency to provide financial information, credit information, insurance information, data on national taxes, local taxes, land, building, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary to conduct an examination under paragraph (1) to provide subsidies and allowances. In such cases, the head of a related agency in receipt of a request to provide data shall comply with such request, except in exceptional circumstances. <Amended by Act No. 9932, Jan. 18, 2010> |
| (3) | A person who makes a visit, examines, and inquires pursuant to paragraph (1) shall carry an identification indicating his/her authority and documents indicating the period, scope and person in charge of examination, relevant statutes, etc. and produce them to related persons. <Amended by Act No. 14001, Feb. 3, 2016> |
| (4) | Where an applicant for subsidies and allowances or a person for whom subsidization has been determined refuses to provide documents or data, or refuses, hinders, or evades an examination and inquiry under paragraph (1), the Minister of Health and Welfare or the head of a local government may dismiss the relevant application or cancel, discontinue, or change a decision to subsidize. <Amended by Act No. 9932, Jan. 18, 2010> |
| (5) | Matters necessary for scope, time, and details of examinations and inquiries under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 9932, Jan. 18, 2010> |
| (6) | Administrative information may be jointly used under Article 36 (1) of the Electronic Government Act to ascertain the places of domicile of resident registration, etc. of persons eligible for subsidization of child care expenses. <Amended by Act No. 10012, Feb. 4, 2010> |
| (7) | Except as otherwise expressly provided for in this Act, matters concerning the contents, procedures, methods, etc. of examination or inquiry prescribed in paragraph (1) shall be governed by the Framework Act on Administrative Investigations. <Newly Inserted by Act No. 14001, Feb. 3, 2016> |
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
| Article 34-6 (Provision of Financial Information, etc.) |
| (1) | To assess the assets of an applicant for expense subsidies and his/her family members when intending to provide subsidies for expenses under Articles 34 and 34-2, the State and local governments may request the head of a financial institution, etc. (referring to a financial company, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or a credit information concentration agency under subparagraph 5 of Article 2 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide them with financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") on a document changed into electronic form from a written consent presented by an applicant for subsidies and allowances or his/her family members pursuant to Article 34-4, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 23 (1) of the Credit Information Use and Protection Act. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 10854, Jul. 14, 2011; Act No. 11627, Jan. 23, 2013> |
| (4) | The head of a financial institution, etc. who has provided financial information, etc. pursuant to paragraph (3) shall notify a title holder that his/her financial information, etc. has been provided to the State or a local government: Provided, That with the consent of a title holder, it need not notify to him/her, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality. <Amended by Act No. 10789, Jun. 7, 2011> |
| (6) | No person currently or formerly engaged in affairs under paragraphs (1) through (4) shall use financial information, etc. obtained on his/her duty for any purpose other than those prescribed by this Act, or provide or reveal such information to any third person or agency. <Amended by Act No. 10789, Jun. 7, 2011> |
| (7) | Matters necessary for requests for provision, provision, etc. of financial information, etc. under paragraphs (1), (2) and (4) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
| Article 34-7 (Notice of Information on Applications for Subsidies and Allowances) |
| (1) | The Minister of Health and Welfare or the head of a local government shall notify, in writing, the guardians of infants and young children of the information on applications for subsidies and allowances referred to in Article 34-4. |
| (2) | Matters necessary for the method, timing, procedures for, and the details of, notice under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
| Article 35 Deleted. <by Act No. 11627, Jan. 23, 2013> |
| Article 36 (Subsidization, etc.) |
The State and local governments shall, fully or partially, provide subsidies for expenses incurred in establishing child care centers specified in Article 10; operating expenses, such as personnel expenses for child care teachers (including substitute teachers), and expenses for extra child care; expenses incurred in implementing child care programs, such as establishment and operation of local child care support centers, welfare promotion of child care teachers and staff, provision of child care for the vulnerable; and expenses incurred in installing closed-circuit televisions referred to in Article 15-4. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 11858, Jun. 4, 2013; Act No. 13321, May 18, 2015> [This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 37 (Obligation for Expenses by Business Owners) |
Any business owner who has established a child care center under Article 14 shall fully or partially bear expenses incurred in operating the child care center and child care, as prescribed by Presidential Decree. <Amended by Act No. 10789, Jun. 7, 2011> [This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 38 (Collection of Child Care Fees, etc.) |
No establisher/operator of a child care center pursuant to Articles 12 through 14 shall collect child care fees and other necessary expenses, etc. from the persons who use the child care center within the limit prescribed by the Mayor/Do Governor having jurisdiction over the place of the child care center: Provided, That the Mayor/Do Governor may prescribe different standard, considering the type of the child care center and local conditions, when necessary. <Amended by Act No. 10789, Jun. 7, 2011> [This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 39 (Taxation Support) |
| (1) | Expenses borne by a business entity to establish and operate a workplace child care center referred to in Articles 14 and 37, child care fees paid by guardians for caring for infants and young children, and other expenses necessary for child care, are entitled to tax reduction or exemption, as prescribed by the Restriction of Special Taxation Act. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 12619, May 20, 2014> |
| (2) | Expenses incurred in operating child care centers, other than workplace child care centers referred to in subparagraph 4 of Article 10, are entitled to tax reduction or exemption, as prescribed by the Restriction of Special Taxation Act. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 40 (Orders to Refund Expenses and Subsidies) |
Where an establisher/operator of a child care center, the head of a child care support center, a person entrusted with continuing education, etc. falls under any of the following cases, the State or a local government may issue orders to fully or partially refund the expenses and subsidy already paid: <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 11144, Dec. 31, 2011; Act No. 11858, Jun. 4, 2013>
| 1. | Where the operation of the child care center has been suspended or closed or the license to operate the child care center has been revoked; |
| 2. | Where he/she has used a subsidy for a purpose, other than business purposes; |
| 3. | Where he/she has obtained a subsidy by fraud or other improper means; |
| 4. | Deleted; <by Act No. 11003, Aug. 4, 2011> |
| 5. | Where he/she has received a subsidy by mistake or error, which falls under a cause prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 40-2 (Recovery of Child Care Subsidies) |
| (1) | When a guardian is subsidized for expenses under Articles 34 and 34-2 by fraud or other improper means, the State or the local government may fully or partially recover such subsidies. <Amended by Act No. 11627, Jan. 23, 2013> |
| (2) | In recovering subsidies pursuant to paragraph (1), when the person to repay the subsidies fails to do so by the deadline, such subsidies may be collected in the same manner as delinquent national or local taxes are collected. |
[This Article Newly Inserted by Act No. 10789, Jun. 7, 2011]
CHAPTER VII GUIDANCE AND SUPERVISION
| Article 41 (Guidance and Orders) |
The Minister of Health and Welfare, the Mayor/Do Governor and the head of a Si/Gun/Gu may guide and order the establisher/operator of child care centers, and child care teachers and staff to smoothly providing child care services. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 42 (Reporting and Examinations) |
| (1) | The Minister of Health and Welfare, the Mayor/Do Governor and the head of a Si/Gun/Gu may require the establisher/operator of child care centers to file necessary reports on their child care centers, and subordinate public officials to investigate the operating conditions of child care centers and examine books and other documents. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (2) | Public officials who perform their duties under paragraph (1) shall carry certificates indicating their authority and produce them to related persons. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 42-2 (Reporting of Violations and Protection of Reporting Persons) |
| (1) | Any person may file a report on, or complaint against, any of the following persons with the relevant administrative or investigative agency: |
| 1. | A person who obtains a subsidy by fraud or other improper means, or misappropriates a subsidy; |
| 2. | A person who fails to comply with the standards for operation of child care centers referred to in Article 24 (1); |
| 3. | A person who fails to comply with the standards for management of meals referred to in Article 33; |
| 4. | A person who fails to comply with the standards for safety management of child care center vehicles referred to in Article 33-2; |
| 6. | Other persons prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Each person, who has established or operates a child care center, shall not take disadvantageous measures defined in subparagraph 6 of Article 2 of the Protection of Public Interest Reporters Act against a child care teacher or staff member for filing a report or complaint referred to in paragraph (1). |
| (3) | Matters necessary for the procedures, methods, etc., for filing a report referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13321, May 18, 2015]
| Article 43 (Reporting on Closure, Suspension, Resumption, etc. of Operation of Child Care Centers) |
| (1) | A person who intends to close or suspend the operation of a child care center authorized pursuant to Article 13 (1) for a certain period, or resume the operation thereof shall report in advance to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (2) | Where the child care center is closed or the operation thereof is suspended for a certain period, the principal of each child care center shall take measures to protect the rights and interests of infants and young children receiving child care services in the child care center by transferring them to other child care centers, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 43-2 (Order for Suspension of Operation of Child Care Centers) |
| (1) | Where the Minister of Health and Welfare, a City Mayor/Do Governor or the head of a Si/Gun/Gu deems that normal child care is impractical due to grounds of great urgency, such as a natural disaster or infectious disease, he/she may issue an order for suspension of operation to the principals of child care centers. |
| (2) | The principal of each child care center in receipt of an order prescribed in paragraph (1) shall suspend the operation of the child care center without delay, and in preparation for urgent demand of child care where an infant or young child cannot be taken care of by his/her guardian at home if the child care center suspends its operation, the principal shall take necessary measures for the operation of the child care center by informing the guardians of contingency plan for child care through parents letters in advance. |
| (3) | Matters necessary for standards for orders for suspension of operation in paragraph (1), and measures, etc. in paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Act No. 13656, Dec. 29, 2015]
| Article 44 (Orders for Rectification and Modification) |
Where a child care center falls under any of the following cases, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may order the principal of the child care center or the establisher or operator thereof to take measures for rectification or modification within a fixed period: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 11858, Jun. 4, 2013; Act No. 12068, Aug. 13, 2013; Act No. 13321, May 18, 2015; Act No. 13656, Dec. 29, 2015>
| 1. | Where it is operated without authorization for modification pursuant to Article 13 (1); |
| 2. | Where it fails to comply with any standard for establishment of child care centers referred to in Article 15, 15-2, or 15-3; |
| 2-2. | Where it fails to comply with any standard for installation or management of a closed-circuit television, and for storage of video information referred to in Article 15-4; |
| 3. | Where it fails to comply with any standard for deployment of Child Care teachers and staff members referred to in Article 17 (2); |
| 3-2. | Where it fails to report the appointment or dismissal of a child care teacher or staff member referred to in Article 19 (2), or files a false report thereon; |
| 4. | Where it fails to comply with any standard for operation of child care centers referred to in Article 24 (1); |
| 4-2. | Where it fails to establish or operate a child care center operating committee, in violation of the proviso to Article 25 (1); |
| 4-3. | Where it provides extracurricular activity programs to infants and young children, in violation of the former part of Article 29 (4); |
| 4-4. | Where it fails to provide an alternative program to infants and young children not participating in the extracurricular activity programs, in violation of the latter part of Article 29 (4); |
| 4-5. | Where it fails to prepare or manage records of daily life referred to in Article 29-2; |
| 4-6. | Where it fails to take measures to treat and prevent diseases pursuant to Article 32 (1); |
| 4-7. | Where it fails to hygienically provide nutritionally-balanced and safe meals pursuant to Article 33; |
| 5. | Where it collects child care fees, etc., referred to in Article 38 in excess; |
| 6. | Where it fails to file a report under Article 42 or files a false report, or where it refuses or evades any investigation or examination; |
| 7. | Where it is closed or operation thereof is suspended for a certain period, or resumed without reporting pursuant to Article 43 (1); |
| 7-2. | Where it fails to suspend its operation or fails to take measures in preparation for urgent demand of child care, in violation of Article 43-2 (2); |
| 8. | Where it violates any matter concerning official announcement of information referred to in Article 49-2. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 44-2 (Execution Order against Business Entity Failing to Perform Duty to Establish Workplace Child Care Centers) |
Where the business owner of a workplace referred to in Article 14 fails to perform his/her duty to establish a workplace child care center or other duty, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu may order him/her to execute such duty within a reasonable time. [This Article Newly Inserted by Act No. 12619, May 20, 2014]
| Article 44-3 (Charges for Compelling Compliance) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may reissue against a person who has failed to comply with the order under Article 44-2, an order to execute such order within a reasonable time required for the compliance thereof, and may impose and collect a charge for compelling compliance not exceeding 100 million won each time, up to twice a year from the date on which the order under the same Article was issued, if such person still fails to comply with the order. |
| (2) | Where the relevant person fails to comply with the order within a reasonable time determined before the charge for compelling compliance referred to in paragraph (1) is imposed, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall give an advance written warning stating that the charge for compelling compliance is to be imposed and collected. |
| (3) | Where the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu imposes a charge for compelling compliance pursuant to paragraph (1), he/she shall give a written notice to the relevant person, specifying an amount of the charge for compelling compliance, the grounds for imposition, the deadline for payment, the receiving agency, the method of filing objections, etc. |
| (4) | Where a person in receipt of the order referred to in Article 44-2 executes such order, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall suspend imposition of a subsequent charge for compelling the execution, but shall collect the charge for compelling compliance already imposed. |
| (5) | Where a person for whom the charge for compelling compliance has been imposed pursuant to paragraph (1) fails to pay the charge for compelling compliance by the deadline for payment, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu shall collect the charge in accordance with the Act on the Collection, etc., of Local Non-Tax Revenue. |
| (6) | Matters necessary for the standards for imposition of charges for compelling compliance under paragraph (1), procedures, etc., for refunding charges for compelling compliance already imposed and collected, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12619, May 20, 2014]
| Article 45 (Closure, etc., of Child Care Centers) |
| (1) | Where a person, who has established or operates a child care center (hereafter in this Article, referred to as "establisher/operator"), falls under any of the following cases, the Minister of Health and Welfare, the relevant Mayor/Do Governor, and the head of the relevant Si/Gun/Gu may order him/her to suspend the operation of his/her child care center within one year or to close his/her child care center. In such cases, where persons under the control and supervision of an establisher/operator, such as child care teachers and staff, commit offences falling under subparagraph 4, such offences shall be deemed committed by the establisher/operator (the same shall not apply where the establisher/operator has not been negligent in giving due attention and supervision to preventing such offences): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 12068, Aug. 13, 2013; Act No. 12697, May 28, 2014; Act No. 13321, May 18, 2015> |
| 1. | Where he/she obtains a subsidy or allowance by fraud or other improper means, or misappropriates a subsidy or allowance; |
| 2. | Where he/she is ordered to, but fails to, repay expenses or subsidies referred to in Article 40; |
| 3. | Where he/she violates an order for rectification or modification referred to in Article 44; |
| 5. | Where an infant or young child dies or suffers a serious injury to his/her body prescribed by Ordinance of the Ministry of Health and Welfare due to a traffic accident that occurs while a school bus for children (including failure to report thereon under Article 33-2 and Article 52 of the Road Traffic Act) is being operated without any child care teacher or staff member aboard, in violation of Article 53 (3) of the Road Traffic Act. |
| (2) | Deleted. <by Act No. 10789, Jun. 7, 2011> |
| (3) | Where any establisher/operator, child care teacher, or staff member is suspected of committing child abuse referred to in paragraph (1) 4, the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall immediately receive a report thereon referred to in Article 42 or conduct investigation or examination. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (4) | After receiving a report or conducting investigation or examination pursuant to paragraph (3), the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall determine, without delay, whether he/she takes an administrative disposition referred to in paragraph (1), after consultation with a specialized child protection agency referred to in Article 45 of the Child Welfare Act or other relevant institutions. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (5) | Where the operation of a child care center is suspended or a child care center is closed under paragraph (1), the relevant Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall take necessary measures to protect the rights and interests of infants and young children of the child care center, such as transferring infants and young children to another child care center. <Newly Inserted by Act No. 11003, Aug. 4, 2011; Act No. 13321, May 18, 2015> |
| (6) | Detailed standards for administrative dispositions provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011; Act No. 13321, May 18, 2015> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 45-2 (Imposition of Surcharges) |
| (1) | When the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall issue an order to suspend the operation of a child care center by the reason that the establisher/operator of the child care center falls under any subparagraph of Article 45 (1), he/she may impose a surcharge not exceeding 30 million won, in lieu of suspension of operation of the child care center, if such suspension of operation is feared to cause severe inconvenience to infants, young children, and their guardians, or threaten public interests. |
| (2) | Matters necessary for types of offences to which surcharges are imposed under paragraph (1), the amount of surcharges depending on the severity of the relevant violation, etc. shall be prescribed by Presidential Decree. |
| (3) | When a person liable to pay a surcharge under paragraph (1) fails to do so by the deadline, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall collect it in the same manner as national taxes in arrears or in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue. <Amended by Act No. 11998, Aug. 6, 2013> |
[This Article Newly Inserted by Act No. 10789, Jun. 7, 2011]
| Article 45-3 (Succession to Effect of Administrative Dispositions) |
| (1) | When a person, who has established or operates a child care center, transfers the child care center or dies, or when a corporation is merged, the effect of an administrative disposition imposed on him/her or it due to the grounds specified in any subparagraph of Article 45 (1) shall succeed to a transferee, heir, or corporation newly established or surviving the merger for one year after the date of such disposition; and where proceedings for an administrative disposition are pending, the proceedings may continue against a transferee, heir, or corporation newly established or surviving the merger: Provided, That the same shall not apply where a transferee, heir, or corporation newly established or surviving the merger proves that he/she was not aware of such disposition or any violation as at the time of the transfer or merger. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 13321, May 18, 2015> |
| (2) | Where a transferee, heir, or corporation newly established or surviving the merger referred to in paragraph (1) transfers, inherits, or merges a child care center, he/she shall confirm whether the former establisher/operator of the child care center is undergoing proceedings for administrative disposition or has previously received any administrative disposition due to the grounds specified in any subparagraph of Article 45 (1), and the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may issue a confirmation document at the request of the transferee, heir, or corporation newly established or surviving the merger, as prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13321, May 18, 2015> |
[This Article Newly Inserted by Act No. 8851, Jan. 17, 2008]
| Article 46 (Suspension of Qualification as Principals of Child Care Centers) |
When the principal of a child care center falls under any of the following cases, the Minister of Health and Welfare may suspend his/her qualification for up to one year (or two years if he/she falls under subparagraph 1 (a) due to child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act), as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 201789, Jun. 7, 2011; Act No. 11858, Jun. 4, 2013; Act No. 13321, May 18, 2015> | 1. | Where he/she causes harm to an infant or young child by intention or gross negligence as follows, in the course of performing any of his/her duties: |
| (a) | Where he/she threatens the life of an infant or young child or causes serious bodily or mental harm to an infant or young child; |
| (b) | Where he/she causes harm, in violation of the standards for operation referred to in Article 24; |
| (c) | Where he/she causes harm, in violation of the standards for meals determined by Ordinance of the Ministry of Health and Welfare pursuant to Article 33; |
| (d) | Where he/she causes other harm; |
| 2. | Where he/she hires a unqualified employee to perform any of the duties of a child care teacher, nurse, nutritionist, etc.; |
| 3. | Where he/she fails to undergo continuing education referred to in Article 23 on at least three consecutive occasions; |
| 4. | Where he/she obtains a subsidy or allowance by fraud or other improper means, or misappropriates a subsidy or allowance; |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 47 (Suspension of Qualifications as Child Care Teachers) |
When a child care teacher falls under any of the following cases, the Minister of Health and Welfare may suspend the qualification of the child care teacher for up to one year (or two years if he/she falls under subparagraph 1 due to child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act), as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11144, Dec. 31, 2011; Act No. 13321, May 18, 2015> | 1. | Where he/she causes damage, by intention or gross negligence, while performing any of his/her duties in connection with his/her qualification; |
| 2. | Where he/she fails to undergo continuing education under Article 23-2 on at least three consecutive occasions. |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 48 (Revocation of Qualification as Principals or Child Care Teachers of Child Care Centers) |
| (1) | When the principal of a child care center or child care teacher falls under any of the following cases, the Minister of Health and Welfare may revoke his/her qualification: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011; Act No. 11002, Aug. 4, 2011; Act No. 13321, May 18, 2015> |
| 1. | Where he/she is qualified by fraud or other improper means; |
| 2. | Where he/she has been sentenced to imprisonment without prison labor or heavier punishment for causing harm by intention or gross negligence, in the course of performing any of his/her duties in connection with his/her qualification; |
| 4. | Where he/she lends his/her name, etc., in violation of Article 22-2; |
| 5. | Where he/she commits an offence incurring suspension of qualification within three years after the period for suspending his/her qualification expires; |
| 6. | Where he/she performs duties related to his/her qualification with a certificate of qualification during the period for suspending his/her qualification; |
| 7. | Where he/she is subject to a disposition of suspending his/her qualification, on at least three occasions; |
| 8. | Where he/she is sentenced to imprisonment without prison labor or heavier punishment because he/she falls under subparagraph 4 of Article 46. |
| (2) | The Minister of Health and Welfare shall not reissue any qualification to a person whose qualification has been revoked pursuant to paragraph (1), within either of the following periods after revocation of his/her qualification, whichever is relevant: <Newly Inserted by Act No. 12068, Aug. 13, 2013; Act No. 13321, May 18, 2015> |
| 1. | Where he/she falls under any subparagraph of paragraph (1), other than subparagraph 3: Two years; |
| 2. | Where he/she falls under paragraph (1) 3: Ten years (Provided, That no qualification shall be reissued to a person for whom twenty years have not elapsed since his/her imprisonment without prison labor or heavier punishment, declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, was completely executed or exempted; or a person for whom twenty years have not elapsed since a suspended sentence of imprisonment without prison labor or heavier punishment, given for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, was made final and conclusive). |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
The Minister of Health and Welfare, the Mayor/Do Governor and the head of a Si/Gun/Gu shall hold hearings before taking administrative dispositions referred to in Articles 45 through 48. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010> [This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 49-2 (Official Announcement, etc. of Information on Child Care Centers) |
| (1) | The principal of a child care center shall officially announce the following information that the child care center retains and manages, at least once each year. In such cases, the principal of the child care center shall submit the officially-announced information (hereafter in this Article, referred to as "officially-announced information") to the Mayor of the relevant Special Self-Governing City, the Governor of the relevant Special Self-Governing Province, and the head of the relevant Si/Gun/Gu, and the Minister of Health and Welfare may require the submission of materials related to the officially-announced information: |
| 1. | Basic information, such as facilities, the establisher/operator, child care teachers, and staff of the child care center; |
| 2. | Matters concerning the child care courses of the child care center referred to in Article 29; |
| 3. | Matters concerning child care fees collected pursuant to Article 38 and other necessary expenses; |
| 4. | Matters concerning accounting, such as the budget and settlement of accounts of the child care center; |
| 5. | Matters concerning health, nutrition, and safety management for infants and young children; |
| 6. | Other matters concerning child care conditions and the operation of child care centers, prescribed by Presidential Decree. |
| (2) | Matters necessary for the detailed scope of officially-announced information, the frequency, timing, and method of official announcement, and other matters, shall be determined by Presidential Decree. |
| (3) | The Minister of Health and Welfare may prepare and disseminate a form necessary for public announcement under paragraph (1) and may collect and manage officially-announced information. In such cases, the Minister of Health and Welfare may connect and process such officially-announced information to use for formulating child care policy, promoting academic research, compiling statistics, etc. |
| (4) | Where the principal of a child care center fails or neglects to officially announce the relevant information, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall recommend the principal to take corrective measures. |
| (5) | Where the principal of a child care center publicizes the child care center or places a mark or advertisement under the Act on Fair Labeling and Advertising, he/she shall not give information inconsistent with the information officially announced pursuant to paragraph (1). |
| (6) | If deemed necessary for confirming whether paragraph (5) has been violated, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu may request the principal of the relevant child care center to submit relevant materials. In such cases, upon receipt of such request, the principal of the relevant child care center shall submit the relevant materials to the Minister of Health and Welfare, the Mayor/Do Governor, or the head of the Si/Gun/Gu, except in extenuating circumstances. |
[This Article Newly Inserted by Act No. 11858, Jun. 4, 2013]
| Article 49-3 (Publication of Violations) |
| (1) | Where a child care center for which an administrative disposition referred to in Article 45 or 45-2 has been taken falls under any of the following cases, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall publish the relevant violation, the details of the disposition, the name of the relevant child care center, the name of its representative, the name of its principal (limited to where the principal is not the representative), and other matters prescribed by Presidential Decree necessary for distinguishing it from other child care centers: Provided, That in cases falling under subparagraph 1, the child care center which receives a subsidy or allowance exceeding the amount prescribed by Ordinance of the Ministry of Health and Welfare shall be published: <Amended by Act No. 13321, May 18, 2015> |
| 1. | Where it obtains a subsidy or allowance by fraudulent or other illegal means, or misappropriates a subsidy or allowance; |
| 2. | Where it harms the life of an infant or young child or causes serious bodily or mental harm to an infant or young child, in violation of the standards for operation referred to in Article 24 and the standards for meals determined by Ordinance of the Ministry of Health and Welfare pursuant to Article 33. |
| (2) | With respect to the principal or a child care teacher of a child care center for whom an administrative disposition referred to in Articles 46 through 48 has been taken and who has harmed the life of an infant or young child or has caused serious bodily or mental harm to an infant or young child by committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, the Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall publish the records and list of violations of laws and other matters determined by Presidential Decree. <Amended by Act No. 13321, May 18, 2015> |
| (3) | The Minister of Health and Welfare, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu shall notify the person subject to publication prior to the publication referred to in paragraphs (1) and (2), thereby giving him/her an opportunity to submit explanatory materials or to attend and state his/her opinion. |
| (4) | Procedures and methods for publication referred to in paragraphs (1) and (2), and other necessary matters shall be determined by Presidential Decree. |
[This Article Newly Inserted by Act No. 11858, Jun. 4, 2013]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 50 (Recognition of Career) |
| (1) | With respect to an employee in a child care center qualified as a kindergarten teacher under the Early Childhood Education Act, his/her child care career experience in such child care center shall be recognized as teaching career experience under the Early Childhood Education Act. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | With respect to an employee in a kindergarten (referring to a kindergarten operating after-school classes under subparagraph 6 of Article 2 of the Early Childhood Education Act) qualified as a child care teacher under this Act, his/her teaching career experience in the kindergarten shall be recognized as child care career experience under this Act. <Amended by Act No. 11382, Mar. 21, 2012> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 51 (Delegation of Authority) |
The authority of the Minister of Health and Welfare or the Mayor/Do Governor under this Act may be partially delegated to the Mayor/Do Governor or to the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11003, Aug. 4, 2011]
| Article 51-2 (Entrustment of Affairs) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may entrust the following affairs to a public institution, civil institution or organization, etc., as prescribed by Presidential Decree: <Amended by Act No. 11144, Dec. 31, 2011; Act No. 11858, Jun. 4, 2013> |
| 1. | Affairs concerning the operation of child care support centers under Article 7 (1); |
| 2. | Affairs concerning the certification of qualification of principals, child care teachers, and staff of child care centers under Article 22 (1), issuance of certificates of qualification for child care, etc.; |
| 3. | Affairs concerning the provision of continuing education under Articles 23 (1) and 23-2 (1); |
| 4. | Affairs concerning the accreditation of child care centers under Article 30 (1); |
| 5. | Affairs concerning the provision of coupons under Article 34-3 (1). |
| (2) | When the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu entrusts affairs pursuant to paragraph (1), he/she may subsidize expenses incurred therein, within budgetary limits. |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke entrustment under paragraph (1), in any of the following cases: |
| 1. | Where an institution entrusted with affairs uses any subsidy provided pursuant to paragraph (2) for other than the intended purpose; |
| 2. | Where an institution entrusted with affairs is subsidized under paragraph (2) by fraudulent or other illegal means; |
| 3. | Where any other cause prescribed by Presidential Decree exists. |
[This Article Newly Inserted by Act No. 11003, Aug. 4, 2011]
| Article 51-3 (Business Cooperation between Relevant Agencies) |
| (1) | The Mayor of a Special Self-Governing City, the Governor of a Special Self-Governing Province, and the head of a Si/Gun/Gu may request the head of a relevant agency to inquire into criminal history records, etc. to check disqualification referred to in Article 16 or 20. |
| (2) | Upon receipt of a request under paragraph (1), the head of the relevant agency shall not reject such request, without any justifiable grounds. |
[This Article Newly Inserted by Act No. 12697, May 28, 2014]
| Article 52 (Child Care Centers on Islands, in Secluded Places, in Agricultural and Fishing Communities, etc.) |
| (1) | Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu acknowledges that it is impracticable to apply the standards for establishment of child care centers under Article 15 and the standards for employment of child care teachers and staff under Article 17 (2) to child care centers on islands, in secluded places, in agricultural and fishing communities, etc., he/she may apply separate standards to such child care centers with the approval of the competent Mayor/Do Governor, following deliberation by a local child care policy committee under Article 6. <Amended by Act No. 10789, Jun. 7, 2011; Act No. 11003, Aug. 4, 2011> |
| (2) | The specific scope of islands, secluded places, agricultural and fishing communities, etc., the standards for establishment of child care centers, and the standards for employment of child care teachers and staff under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 53 (Federation of Child Care Centers) |
| (1) | A federation of child care centers may be established to facilitate child care services, balanced development of child care centers, and exchange of information, and promotion of mutual cooperation among child care centers. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | Matters necessary for the organizational structure, operation, function, etc. of the Federation of Child Care Centers shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER IX PENALTY PROVISIONS
| Article 54 (Penalty Provisions) |
| (1) | Each person, who violates Article 34-6 (6), shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won. In such cases, imprisonment and a fine may be imposed in parallel. <Newly Inserted by Act No. 9165, Dec. 19, 2008; Act No. 10789, Jun. 7, 2011; Act No. 12697, May 28, 2014> |
| (2) | Each of the following persons, shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 30 million won: <Amended by Act No. 13321, May 18, 2015> |
| 1. | A person who obtains a subsidy or allowance by fraud or other improper means, or misappropriates a subsidy or allowance; |
| 2. | A person who arbitrarily manipulates a closed-circuit television for any purpose other than its installation purpose, or makes it focus on a place other than the originally intended place, in violation of Article 15-5 (2) 1; |
| 3. | A person who uses a recording function, or stores video information in a device or apparatus other than the storage device prescribed by Ordinance of the Ministry of Health and Welfare, in violation of Article 15-5 (2) 2. |
| (3) | Each person, who has video information lost, stolen, leaked, modulated, or damaged due to failure to take measures necessary to secure safety referred to in Article 15-5 (3), shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won. <Newly Inserted by Act No. 13321, May 18, 2015> |
| (4) | Each of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 9165, Dec. 19, 2008; Act No. 10789, Jun. 7, 2011; Act No. 11627, Jan. 23, 2013; Act No. 12697, May 28, 2014; Act No. 13321, May 18, 2015> |
| 1. | A person who uses the word "child care center" in a trade name, or operates a child care center without authorization for establishment of a child care center pursuant to Article 13 (1); |
| 2. | A person who obtains authorization for establishment of a child care center or the modification thereof under Article 13 (1) by fraud or other improper means; |
| 3. | A person who permits a third person to perform any of the duties of the principal of a child care center or child care teacher by using his/her name or the title of a child care center, or who lends his/her certificate of qualification, in violation of Article 22-2, and his/her counterpart; |
| 4. | A person who obtains a subsidy or helps a third person obtain a subsidy pursuant to Articles 34 and 34-2 by fraud or other improper means; |
| 5. | A person who unjustly uses a coupon for care services referred to in Article 34-3; |
| 6. | An establisher/operator of a child care center who receives child care service fees, etc., referred to in Article 38 by fraud or other improper means; |
| 7. | A person who continues to operate a child care center, in violation of an order to suspend operation of the child care center or an order to close the child care center pursuant to Article 45 (1); |
| 8. | Deleted. <by Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
| Article 54-2 Deleted. <by Act No. 13321, May 18, 2015> |
| Article 55 (Joint Penalty Provisions) |
When a representative of a corporation, or an agent or, employee of, or other persons employed by a corporation or an individual commits an offence referred to in Article 54 in connection with the affairs of the corporation or the individual, not only shall the offender be punished, but also the corporation or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply when such corporation or individual has not been negligent in giving due attention and supervision regarding the relevant affairs to prevent such offence. [This Article Wholly Amended by Act No. 10789, Jun. 7, 2011]
| Article 56 (Administrative Fines) |
| (1) | Each person, who closes his/her child care center or suspends operation of his/her child care center for a certain period or resumes operation of his/her child care center without reporting pursuant to Article 43 (1), shall be punished by an administrative fine not exceeding five million won. <Amended by Act No. 10789, Jun. 7, 2011> |
| (2) | Each of the following persons, shall be punished by an administrative fine not exceeding three million won: <Amended by Act No. 13321, May 18, 2015> |
| 1. | A person who fails to preferentially provide child care services to the vulnerable pursuant to Article 26 (1); |
| 2. | A person who fails to preferentially provide child care services for any infant or young child falling under each subparagraph of Article 28 (1); |
| 3. | A person who fails to conduct a medical checkup, or to take an emergency measure, etc., pursuant to Article 31; |
| 4. | A person who fails to install a closed-circuit television or to perform his/her duties to install or manage it pursuant to Article 15-4; |
| 5. | A person who fails to comply with a request for inspection pursuant to Article 15-5 (1). |
| (3) | Administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Health and Welfare, the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10789, Jun. 7, 2011> |
| (4) | through (6) Deleted. <by Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures for Nursery Information Center and Nursery Instructors)
The nursery information centers and nursery instructors under the former provisons at the time this Act enters into force shall be deemed the child care information centers and child care specialists, respectively, under this Act.
Article 3 (Transitional Measures for Child Care Teacher, etc.)
| (1) | The qualifications of the heads of nursery facilities and child care teachers under the former provisions at the time this Act enters into force shall be deemed the qualifications thereof that are recognized under this Act. |
| (2) | Anyone who is recognized to be qualified as a nursery teacher referred to in paragraph (1), anyone who completes subjects after having majored in such subjects provided for in Article 9 (2) 1 of the previous provisions and anyone who completes educational courses provided for in Article 9 (2) 2 after having studied them at the time this Act comes into force shall all be recognized to be qualified as nursery teachers under this Act. |
| (3) | Anyone who is recognized to be qualified as a nursery teacher under the provisions of paragraph (1) or (2) may be eligible for the delivery of the certificate of qualifications provided for in Article 22. |
Article 4 (Transitional Measures concerning Nurseries)
Any nursery on which a report was made in accordance with the previous provisions at the time this Act comes into force shall be deemed to have been granted authorization under this Act.
Article 5 (Transitional Measures concerning Nursery Federation)
The Nursery Federation that is established under the previous provisions at the time this Act comes into force shall be deemed the Nursery Federation that is established under this Act.
Article 6 (Transitional Measures concerning Administrative Disposition)
Any order issued by, any act performed by, any report made to any administrative agency, etc. under the previous provisions at the time this Act comes into force shall be deemed any act performed by and any act performed to any administrative agency, etc. under this Act.
Article 7 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to any act performed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 8 (Relations with Other Acts)
Where other Acts and subordinate statutes cite the provisions of the previous Child Care Act and this Act includes the provisions corresponding thereto, the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions.
ADDENDUM <Act No. 7302, Dec. 31, 2004>
This Act shall enter into force on January 30, 2005.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7785, Dec. 29, 2005>
| (1) | (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 21 (1), 22 (1) and (2), 22-2, 46, 48 and 54 (2) shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures regarding Head of Nursery) Any person who qualified for the head of a nursery under the previous provisions at the time this Act enters into force shall be considered a person who has received a certificate of qualification for the head of a nursery under the amended provisions of Article 21 (1). In this case, he shall meet the requirements referred to in the amended provisions of Article 21 (1) within one year after the enforcement of the amended provisions of Article 21 (1). |
ADDENDA <Act No. 8563, Jul. 27, 2007>
| (1) | (Enforcement Date) This Act shall enter into force one year after the date of its promulgation. |
| (2) | (Transitional Measures for Administrative Disposition) The administrative disposition on a violation committed before this Act enters into force shall be governed by the former provisions. |
ADDENDA <Act No. 8654, Oct. 17, 2007>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 and 45 (1) 1, (2) and (3), subparagraph 4 of Article 46, subparagraph 8 of Article 48 and Article 54 (1) and (2) 5 shall enter into force on July 28, 2008. |
ADDENDA <Act No. 8655, Oct. 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 8851, Jan. 17, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9165, Dec. 19, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 34-4 through 34-6 shall enter into force on April 1, 2009. Article 2 (Model Project)
| (1) | The Minister for Health, Welfare and Family Affairs may implement a model project before this Act enters into force for the effective operation of the coupon system for nursing service. |
| (2) | The Minister for Health, Wealth and Family Affairs or the head of a local government may support the model project under paragraph (1). |
ADDENDA <Act No. 9511, Mar. 20, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 9792, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2010.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10012, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 5 (3), 22, 28 (1), 30 (6) and (7), 35 (1) and (3), 40-2, 55 and 56 shall enter into force on the date of its promulgation. Article 2 (Applicability to Fact-Finding Surveys on Child Care)
The first fact-finding survey referred to in the amended provisions of Article 9 shall be conducted in 2012. Article 3 (Applicability to Imposition of Surcharges)
The amended provisions of Article 45-2 shall apply, starting from the first order to suspend operation of a child care center that must be issued after this Act enters into force. Article 4 (Transitional Measures concerning Persons Engaging in Child Care, etc.)
Persons engaging in nursery facilities, the heads of nursery facilities and other workers under the former provisions as at the time this Act enters into force shall be deemed child care teachers and staff, principals of child care centers and other employees under the amended provisions of subparagraph 5 of Article 2. Article 5 (Transitional Measures concerning Child Care Facilities, etc.)
National or public nursery facilities, nursery facilities of corporations, workplace nursery facilities, home-based nursery facilities, parents association nursery facilities and private nursery facilities under the former provisions as at the time this Act enters into force shall be deemed national or public child care centers, child care centers of corporations, workplace child care centers, home-based child care centers, parents association child care centers and private child care centers under the amended provisions of Article 10. Article 6 Omitted.
ADDENDA <Act No. 10854, Jul. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 10983, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11003, Aug. 4, 2011>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 30 (4) shall enter into force two years after the date of its promulgation.
ADDENDUM <Act No. 11144, Dec. 31, 2011>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 15 and 15-3 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11382, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11627, Jan. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2013.
Article 2 (Applicability to Standard Child Care Costs)
Matters concerning standard child care costs in the amended provisions of Article 34 shall first apply from January 1, 2014. Article 3 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11858, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 46 shall enter into force three months after the date of its promulgation. Article 2 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 12068, Aug. 13, 2013>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 16, 20, 45, and 48 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 12619, May 20, 2014>
This Act shall enter into force on January 1, 2015: Provided, That the amended provisions of Articles 44-2 and 44-3 shall enter into force on January 1, 2016.
ADDENDA <Act No. 12697, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 45 (1) 5 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Disqualification)
The amended provisions of subparagraph 8 of Article 16 shall apply to persons for whom punishment of a fine is made final and conclusive for an offence committed after August 13, 2013. Article 3 (Applicability to Closure, etc. of Child Care Centers)
The amended provisions of Article 45 (1) 5 shall apply from cases where an infant or young child dies or suffers a serious bodily injury to his/her body prescribed by Ordinance of the Ministry of Health and Welfare due to a traffic accident that occurs after the same amended provisions enter into force. Article 4 (Transitional Measures concerning Incompetent Persons, etc.)
A person for whom the effect of adjudication of incompetence or quasi-incompetence is maintained under Article 2 of the Addenda to the partially amended Civil Act (Act No. 10429) shall be deemed included in incompetent persons under adult guardianship or quasi-incompetent persons under limited guardianship under the amended provisions of subparagraph 1 of Article 16. Article 5 (Transitional Measures concerning Disqualification)
Notwithstanding the amended provisions of subparagraphs 6 and 7 of Article 16, the former provisions shall apply to persons to whom a suspended sentence of imprisonment without prison labor or heavier punishment was given for violating Article 17 of the Child Welfare Act and such suspended sentence was made final and conclusive and to persons who received an order for closure under Article 45 before this Act enters into force.
ADDENDA <Act No. 13321, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation.
Article 2 (Applicability to Disqualification)
The amended provisions of Article 16 shall apply, starting from a person whose punishment has been made final and conclusive for an offense committed after this Act enters into force, or against whom an order to close a child care center was first issued under Article 45. Article 3 (Applicability to Period of Stay Overseas)
The period of stay overseas pursuant to the amended provisions of Article 34-2 (3) shall apply from the date on which an infant or young child stays overseas after this Act enters into force. Article 4 (Transitional Measures concerning Installation of Closed-Circuit Televisions)
Each person, who has established or operates a child care center pursuant to the former provisions as at the time this Act enters into force, shall install a closed-circuit television referred to in the amended provisions of Article 15-4, within three months after the date this Act enters into force: Provided, That the same shall not apply where he/she has not installed a closed-circuit television or has installed a network camera pursuant to the proviso to Article 15-4 (1). Article 5 (Transitional Measures concerning Administrative Disposition)
The former provisions shall apply to administrative dispositions on offenses committed before this Act enters into force.
Article 6 (Transitional Measures concerning Order to Undergo Education)
Notwithstanding the amended provisions of Article 23-3, the former provisions shall apply to an order to undergo education issued against a person to whom the former provisions of Article 16 apply pursuant to Article 2 of the Addenda. Article 7 (Transitional Measures concerning Reporting of Violations and Protection of Reporting Persons)
Each person, who has filed a report on, or complaint against, a person falling under any subparagraph of Article 42-2 (1) with the relevant administrative or investigative agency before this Act enters into force, shall be deemed filed a report or complaint pursuant to the amended provisions of Article 42-2. Article 8 (Transitional Measures concerning Penalties or Administrative Fines)
In applying the penal provisions or provisions of administrative fines to offenses committed before this Act enters into force, the former provisions shall govern.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13656, Dec. 29, 2015>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 43-2 shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 14001, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 32 (5) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Child Care Centers at Parents Associations)
The child care centers at parents associations authorized under the former provisions as at the time this Act enters into force shall be considered as cooperative child care centers prescribed in the amended provisions of subparagraph 6 of Article 10.
ADDENDA <Act No. 14597, Mar. 14, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 10, and Article 12 shall enter into force on the date of its promulgation. Article 2 (Applicability to Types of Child Care Centers)
The amended provisions of subparagraph 4 of Article 10 shall also apply to workplace child care centers established and operated by the State or local governments under the former provisions as at the time the amended provisions enter into force.