CHILD WELFARE ACT
Wholly Amended by Act No. 11002, Aug. 4, 2011
Amended by Act No. 11520, Oct. 22, 2012
Act No. 11572, Dec. 18, 2012
Act No. 11690, Mar. 23, 2013
Act No. 12361, Jan. 28, 2014
Act No. 12844, Nov. 19, 2014
Act No. 13259, Mar. 27, 2015
Act No. 13653, Dec. 29, 2015
Act No. 13805, Jan. 19, 2016
Act No. 14085, Mar. 22, 2016
Act No. 14224, May 29, 2016
Act No. 14839, Jul. 26, 2017
Act No. 14887, Sep. 19, 2017
Act No. 14925, Oct. 24, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to guarantee the welfare of children so that they can be born healthy and grow up happily and safely.
| (1) | Children shall grow up without experiencing any kind of discrimination on the grounds of gender, age, religion, social status, property, handicap, birthplace, race, etc. of themselves or their parents. |
| (2) | Children shall grow up happily in a stable family environment for the development of perfect and harmonious personality. |
| (3) | In all activities concerning children, the interests of children shall be considered, among others. |
| (4) | Children shall have the rights to be protected and assisted under this Act for the sake of their rights and promotion of welfare. |
The terms used in this Act shall be defined as follows: <Amended by Act No. 12361, Jan. 28, 2014>
| 1. | The term "child" means a person who is under 18 years of age; |
| 2. | The term "child welfare" means the economic, social, and emotional support provided to children for the creation of basic conditions for children to enjoy happy life and to grow up and develop harmoniously; |
| 3. | The term "protector" means a person with parental authority, a guardian, a person who protects, rears and educates a child or who is liable to do so, or a person who actually protects and supervises a child due to the relations of business, employment, etc.; |
| 4. | The term "child subject to protection" means a child who has no protector or is separated from a protector, or whose protector is unsuitable for, or incapable of, rearing them, such as in cases of child abuse by the protector; |
| 5. | The term "child subject to support" means a child who lacks basic conditions for harmonious and healthy growth and, thereby, needs social, economic and emotional support; |
| 6. | The term "foster home system" means a system through which children subject to protection are fostered for a specific period at homes meeting the standards prescribed by Ordinance of the Ministry of Health and Welfare, for the protection of the children, no family member of which has any records of sexual assault, domestic violence, child abuse, mental disease, etc.; |
| 7. | The term "child abuse" means that any adult, including a child’s protector, does harm to the child’s health or welfare or commits physical, mental, or sexual violence, or cruel acts that are likely to impede the child’s normal growth, and the child’s protector abandons or neglects the child; |
| 7-2. | The term “child abuse-related crime” means any of the following: |
| 8. | The term “abused child" means a child victimized by child abuse; |
| 9. | Deleted; <by Act No. 14085, Mar. 22, 2016> |
| 10. | The term "child welfare facilities" means facilities established under Article 50; |
| 11. | The term "persons engaged in relevant work at child welfare facilities" means those who take charge of the affairs related to counsel, guidance, medical treatment, rearing of children, and other affairs related to child welfare at a child welfare facility. |
| Article 4 (Responsibilities of State and Each Local Government) |
| (1) | The State and local governments shall formulate and implement policies for supporting children, their protectors and their homes, to promote the safety, health, and welfare of children. |
| (2) | The State and local governments shall formulate and implement policies for enhancing the rights and interests of children subject to protection and children subject to support. |
| (3) | The State and local governments shall provide assistance for children so that they can grow up in homes where they were born and shall take measures for children to grow up in an environment similar to their homes if they cannot grow up in homes where they were born; and provide assistance for children so that they can return to their homes as quickly as possible if they are separated and protected from their homes. <Newly Inserted by Act No. 14085, Mar. 22, 2016> <<Enforcement Date: 2018.3.23>> |
| (4) | The State and local governments shall devise policies necessary for protecting the rights and interests of children with disability. |
| (5) | The State and local governments shall devise policies necessary to protect children from experiencing any kind of discrimination on the grounds of their or their parent’s gender, age, religion, social status, property, disability, birthplace, race, etc. |
| (6) | The State and local governments shall formulate and implement policies necessary for the enhancement, etc. of rights and welfare of children prescribed by the Convention on the Rights of the Child, and shall provide education necessary for such policies and publicize them. |
| (7) | The State and local governments shall provide educational support necessary for children’s protectors to rear their children happily and safely. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| Article 5 (Responsibilities of Protectors, etc.) |
| (1) | The protectors of children shall rear the children healthy and safely at home, according to the developmental stages of children. |
| (2) | No protectors of children shall inflict physical pain or psychological pain, by, e.g., using violent language, on the children. <Newly Inserted by Act No. 13259, Mar. 27, 2015> |
| (3) | All citizens shall respect the rights, interests, and safety of children, and rear them healthy. |
| Article 6 (Children’s Day and Children’s Week) |
The fifth of May and the first through seventh of May, each year, shall be designated as the Children’s Day and the Children’s Week, respectively, to encourage children to grow up to be honest, lovely, sensible and valiant, by enhancing the spirit of love and protection of the children.
CHAPTER II ESTABLISHMENT, IMPLEMENTATION, ETC. OF CHILD WELFARE POLICIES
| Article 7 (Establishment of Master Plans for Child Policies) |
| (1) | For the efficient implementation of child policies, the Minister of Health and Welfare shall establish a master plan for child policies (hereinafter referred to as "master plan") every five years. |
| (2) | A master plan shall include the following matters: |
| 1. | Analysis and appraisal of the previous master plan; |
| 2. | Basic direction-setting for and goals of pushing for child policies; |
| 3. | Major tasks to be carried forward and the methods of implementation thereof; |
| 4. | Methods of securing financial resources; |
| 5. | Other matters deemed particularly necessary in promoting child policies. |
| (3) | In establishing a master plan, the Minister of Health and Welfare shall consult with the heads of relevant central administrative agencies in advance. |
| (4) | A master plan shall be confirmed following the deliberation by the Child Policy Coordinating Committee established under Article 10. In such cases, the Minister of Health and Welfare shall notify the head of each related central administrative agency, and each of the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, and the Governor of the related Special Self-Governing Province concerned (hereinafter referred to as "Mayor/Do Governor") of the confirmed master plan. |
| Article 8 (Establishment, Implementation, etc. of Annual Implementation Plans) |
| (1) | Each of the Minister of Health and Welfare, the heads of relevant central administrative agencies and Mayors/Do Governors shall establish and implement an annual plan for the implementation of child policies (hereinafter referred to as "implementation plan") each year in accordance with the master plan. |
| (2) | The head of a relevant central administrative agency and a Mayor/Do Governor shall submit to the Minister of Health and Welfare an implementation plan for the next year and the performance results of implementation plan of the previous year each year, as prescribed by Presidential Decree, and the Minister of Health and Welfare shall appraise performance results of their implementation plans each year. |
| (3) | Matters necessary for the establishment, implementation, appraisal, etc. of the performance results of an implementation plan shall be prescribed by Presidential Decree. |
| Article 9 (Cooperation in Establishment of Plans) |
| (1) | If necessary for establishing and implementing master plans or implementation plans, the Minister of Health and Welfare, the heads of the related central administrative agencies, and Mayors/Do Governors may request the cooperation of the heads of relevant institutions, organizations or other private enterprises. |
| (2) | A person who receives a request pursuant to paragraph (1) shall comply with such request, except in extenuating circumstances. |
| Article 10 (Child Policy Coordinating Committee) |
| (1) | A Child Policy Coordinating Committee (hereinafter referred to as "Committee") shall be established under the Prime Minister to formulate an overall policy for children, coordinate opinions among relevant ministries and agencies, and supervise and appraise the implementation of such policy, thus promoting the rights, healthy birth, and growth of children. |
| (2) | The Committee shall deliberate on and coordinate the following: |
| 1. | Matters relating to the formulation of maser plans; |
| 2. | Matters relating to basic direction-setting for the enhancement of rights, interests, and welfare of children; |
| 3. | Matters relating to the improvement of child policy and budget support therefor; |
| 4. | Matters relating to the implementation of child-related international treaties, and the appraisal and coordination of the progress made in the implementation thereof; |
| 5. | Matters relating to mutual cooperation among relevant ministries concerning child policies; |
| 6. | Other matters referred by the Chairperson to the Committee. |
| (3) | The Committee shall be comprised of not more than 25 members, including one Chairperson. The Prime Minister shall be the Committee Chairperson, and the following persons shall become Committee members: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| 1. | The Minister of Strategy and Finance, the Minister of Education, the Minister of Justice, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Health and Welfare, the Minister of Employment and Labor, and the Minister of Gender Equality and Family; |
| 2. | Not more than 15 members commissioned by the Chairperson from among the heads of child-related organizations or the persons with substantial knowledge and experience in child-related fields. |
| (4) | The Committee may entrust relevant specialized agencies or organizations with the affairs necessary for verifying the implementation of international treaties under paragraph (2) 4. |
| (5) | If deemed necessary, the Committee may request the employees of a relevant administrative agency to attend a Committee meeting and provide explanations and present necessary materials. |
| (6) | Except as provided for in paragraphs (1) through (3), necessary matters concerning the organization, operation, etc., of the Committee shall be prescribed by Presidential Decree. |
| Article 11 (Comprehensive Surveys on Actual Conditions of Children) |
| (1) | The Minister of Health and Welfare shall conduct a comprehensive survey on actual conditions of children every five years, including the rearing and living environment of children, development of language and cognition, emotional and physical health, safety of children, and child abuse; publicly announce the results thereof; and reflect them in master plans and implementation plans: Provided, That the Minister of Health and Welfare may, if necessary, conduct fact-finding surveys for each field, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | The Minister of Health and Welfare may request the heads of related agencies, corporations, organizations, and institutions to submit data or state opinions for surveys on actual conditions conducted under paragraph (1). In such cases, persons requested to do so shall cooperate in such request, except in extenuating circumstances. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| (3) | Matters necessary for the contents, methods, etc., of comprehensive surveys on actual conditions of children prescribed in paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 11-2 (Child Policy Impact Assessment) |
| (1) | The State and local governments shall analyze and assess impacts of child-related policies on child welfare (hereinafter referred to as "child policy impact assessment"), as prescribed by Presidential Decree, and reflect the results thereof in the formulation and implementation of child-related policy. |
| (2) | Other necessary matters concerning methods, procedures, etc., for conducting child policy impact assessment shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14085, Mar. 22, 2016] <<Enforcement Date: Mar. 23, 2019>> Article 11-2
| Article 12 (Child Welfare Deliberation Committee) |
| (1) | For the purpose of deliberating on the following matters, a Mayor/Do Governor and the head of a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply), shall establish the Child Welfare Deliberation Committee (hereinafter referred to as "Deliberation Committee") under his/her jurisdiction: |
| 1. | Formulation and implementation of implementation plans pursuant to Article 8; |
| 2. | Matters concerning protective measures prescribed in Article 15; |
| 3. | Matters concerning the discharge of a child from facility pursuant to Article 16; |
| 4. | Matters concerning a claim for restricting the exercise of the parental authority or sentencing the loss of the parental authority pursuant to Article 18; |
| 5. | Matters concerning the request for selection or replacement of a guardian pursuant to Article 19; |
| 6. | Matters concerning the selection of a child subject to support, and the provision of support to him/her; |
| 7. | Other matters that a Mayor/Do Governor or the head of a Si/Gun/Gu deems necessary for protecting children and providing support services to them. |
| (2) | Necessary matters concerning the organization, composition, operation, etc. of the Deliberation Committee shall be prescribed by the municipal ordinance of the relevant local government. |
| (3) | The Mayor/Do Governor or the head of a Si/Gun/Gu shall annually report matters concerning the current status of the composition and operation of the Deliberation Committee to the Minister of Health and Welfare as prescribed by Presidential Decree. <Newly Inserted by Act No. 14887, Sep. 19, 2017> |
| Article 13 (Public Officials Dealing Exclusively with Child Welfare) |
| (1) | In order to perform duties related to child welfare, public officials dealing exclusively with child welfare (hereinafter referred to as "dedicated public officials"), may be assigned to each Special Metropolitan City, Metropolitan City, Do, and Special Self-Governing Province (hereinafter referred to as "City/Do"); and each Si/Gun/Gu (each Gu refers to an autonomous Gu; hereinafter the same shall apply). |
| (2) | Dedicated public officials shall be appointed from among persons who are qualified as social workers under Article 11 of the Social Welfare Services Act; and matters necessary for the appointment, etc. thereof shall be prescribed by the municipal ordinance of the relevant City/Do or Si/Gun/Gu. |
| (3) | Dedicated public officials shall perform duties to promote child welfare in each region, including counseling for children, taking measures for protection of children, conducting surveys on their home environments, providing guidance and supervision for child welfare facilities, and rendering an on-site inspection, guidance, supervision, etc., for the prevention of crimes against children. |
| (4) | If requested by an exclusive public official to cooperate, a related administrative agency, a child welfare facility, or a person who establishes or operates a child welfare organization (referring to an institution or organization established for the purposes of guaranteeing the rights of children and promoting child welfare; hereinafter the same shall apply), shall comply with such request unless there exist any justifiable grounds. <Amended by Act No. 14085, Mar. 22, 2016> |
| Article 14 (Child Commissioner) |
| (1) | Child commissioners shall be assigned to each Si/Gun/Gu. |
| (2) | Child commissioners shall always grasp in detail the living conditions and family environment of children within the competent area, render assistance and guidance necessary for child welfare, and cooperate with the dedicated public officials and related administrative agencies. |
| (3) | Child commissioners may undergo the pertinent education for the smooth performance of their duties. |
| (4) | Child commissioner shall be an honorary post, but he/she may receive an allowance. |
| (5) | Other matters necessary for child commissioners shall be prescribed by the municipal ordinance of the relevant Si/Gun/Gu. |
CHAPTER III CHILD PROTECTION SERVICES AND PRECAUTION AND PREVENTION AGAINST CHILD ABUSE
SECTION 1 Child Protection Services
| Article 15 (Protective Measures) |
| (1) | When a Mayor/Do Governor or the head of a Si/Gun/Gu finds a child subject to protection within his/her jurisdictional region, or has requested from a protector of the child, he/she shall take the following protective measures necessary for the best interests of the child, as prescribed by Presidential Decree: <Amended by Act No. 12361, Jan. 28, 2014> |
| 1. | Ordering an exclusive public official or a child commissioner to provide counseling or guidance to the child subject to protection or the protector; |
| 2. | Taking necessary measures for the protector or a relative who desires child-rearing by grandparents to protect and rear the child at the protector’s or relative’s home; |
| 3. | Placing the child in the foster home of a person desiring to protect the child; |
| 4. | Placing the child subject to protection into a child welfare facility suitable for the protective measures; |
| 5. | Hospitalizing or committing in a specialized hospital or sanatorium, a child subject to protection for special medical care, recuperation, etc., due to drug or alcohol addiction; emotional, behavioral or developmental disorder; sexual violence; child abuse; etc.; |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may take protective measures prescribed in paragraph (1) 3 through 6 for a child subject to protection to whom the protective measures prescribed in paragraph (1) 1 and 2 are unsuitable. In such cases, he/she shall provide counseling services for the child subject to protection, perform a physical examination and a psychological test for such child, and investigate such child’s home environment before he/she takes protective measures under paragraph (1) 3 through 5. <Amended by Act No. 14085, Mar. 22, 2016> |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take protective measures under paragraph (1), he/she shall protect a child subject to protection with the formulation of an individual protection and management plan for such child; and when formulating such plan, he/she may require the protector of the relevant child subject to protection to participate in the formulation of such plan. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| (4) | When taking protective measures under paragraph (1) 3 through 6, a Mayor/Do Governor or the head of a Si/Gun/Gu shall respect the opinion of the relevant child subject to protection; and, if such child has a protector, he/she shall hear the opinion of the protector of such child: Provided, That the same shall not apply where such child’s protector is a child abuser under subparagraph 5 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse. <Amended by Act No. 12361, Jan. 28, 2014> |
| (5) | If necessary before a Mayor/Do Governor or the head of a Si/Gun/Gu takes protective measures under paragraph (1) 3 through 6, he/she may protect a child subject to protection by sending him/her to a temporary child protection facility under Article 52 (1) 2 or protect the child by temporarily placing him/her into an appropriate foster home or placing him/her with a person who is deemed suitable. In such cases, he/she shall conduct a survey to provide counseling services, to perform a physical examination and a psychological test, and to investigate a home environment for such child subject to protection during the period of protection; and shall consider the outcomes of such survey when he/she takes protective measures. <Amended by Act No. 14085, Mar. 22, 2016> |
| (6) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall take adequate measures as a precaution, with respect to the family of children who are likely to have such problems as drug or alcohol addiction; emotional, behavioral or developmental disorder; etc., within his/her jurisdictional region. |
| (7) | No person shall physically and mentally threaten persons engaged in relevant work at child welfare facilities subject to such protective measures, in relation to protective measures prescribed in paragraph (1). <Amended by Act No. 14085, Mar. 22, 2016> |
| (8) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall verify the criminal records of a person who desires to protect a child by providing a foster home. In such cases, he/she shall inquire of the head of the related agency about the criminal record with the consent of the relevant person. |
| (9) | The head of a foster home supporting center may request the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu to provide cooperation regarding such measures as identification of an entrusted child, a person who intends to provide a foster home, parents of the entrusted child, etc.; and the Mayor/Do Governor or the head of the Si/Gun/Gu in receipt of such request shall comply therewith unless there exist any justifiable grounds. |
| (10) | Necessary matters concerning the counseling services, physical examination, psychological test, and investigation of a home environment, referred to in paragraphs (2) and (5), verification of criminal records referred to in paragraph (8), and the procedures, scope, etc., for request to inquire into identification referred to in paragraph (9), shall be prescribed by Presidential Decree. <Amended by Act No. 14085, Mar. 22, 2016> |
| Article 15-2 (Use of Social Security Information System) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall manage information necessary for protective measures, including counseling services, physical examinations, psychological tests, surveys on home environments for children subject to protection, and individual protection and management plans, referred to in Article 15, using a social security information system established pursuant to Article 37 (2) of the Framework Act on Social Security. [This Article Newly Inserted by Act No. 14085, Mar. 22, 2016] <<Enforcement Date: Mar. 23, 2019>> Article 15-2
| Article 15-3 (Inspection of Conditions of Rearing of Children Subject to Protection) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall annually inspect the conditions of the rearing of children subject to protection who are placed under protective measures under Article 15 (1) 2 through 6, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may, where deemed necessary to protect the welfare of children subject to protection or the relevant protective measures is deemed inappropriate, change the relevant protective measures without delay based on the outcomes of inspection of the conditions of the rearing prescribed in paragraph (1). |
[This Article Newly Inserted by Act No. 14085, Mar. 22, 2016]
| Article 16 (Discharge, etc. of Children Subject to Protection from Facilities) |
| (1) | Where a child subject to protection who is placed under protective measures pursuant to Article 15 (1) 3 through 5 reaches 18 years of age, or where the objective of the protection is deemed achieved, the relevant Mayor/Do Governor or head of the Si/Gun/Gu shall cease protective measures for such child subject to protection or discharge such child subject to protection from the relevant facility, according to the procedures and methods prescribed by Presidential Decree. <Amended by Act No. 14085, Mar. 22, 2016> |
| (2) | A person determined by Ordinance of the Ministry of Health and Welfare, such as a person with parental authority or legal guardian of a child subject to protection who is placed under protective measures pursuant to Article 15 (1) 2 through 4, may file an application for returning the relevant child subject to protection to his/her family, with the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| (3) | The relevant Mayor/Do Governor or head of a Si/Gun/Gu in receipt of an application for returning to the family under paragraph (2), may return the relevant child subject to protection to such child’s family, if the cessation of protective measures, or measures to discharge, shall not be deemed against the welfare of the relevant child subject to protection, after he/she hears the opinion of the head of the relevant child welfare facility. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| (4) | Notwithstanding paragraph (1), if a child placed under protective measures pursuant to Article 15 falls under any of the following, the relevant Mayor/Do Governor or head of a Si/Gun/Gu may extend the period of protection of the relevant child: <Amended by Act No. 14085, Mar. 22, 2016> |
| 1. | Where the child is studying at school, the level of which is not higher than the universities and colleges provided for by Article 2 of the Higher Education Act (excluding graduate schools); |
| 3. | Other cases prescribed by Presidential Decree, require that the child should be continuously protected and reared at a foster home or various child welfare facilities. |
| Article 16-2 (Post Management of Children Subject to Protection) |
A Mayor/Do Governor or the head of a Si/Gun/Gu shall have related public officials, including dedicated public officials, visit the homes of children subject to protection who have returned to their families due to the cessation of protective measures, and provide guidance and management necessary for the promotion of welfare of the relevant children.
[This Article Newly Inserted by Act No. 14085, Mar. 22, 2016]
| Article 17 (Prohibited Acts) |
No one shall commit any of the following acts: <Amended by Act No. 12361, Jan. 28, 2014>
| 2. | Having a child engage in lewd acts or arranging such acts, or committing sexual harassment or sexual abuse against a child that may make him/her feel sexually ashamed; |
| 3. | Committing physical abuse against a child that may hurt his/her body or injure his/her physical health and development; |
| 4. | Deleted; <by Act No. 12361, Jan. 28, 2014> |
| 5. | Committing emotional abuse against a child that may injure his/her mental health and development; |
| 6. | Abandoning a child under his/her protection and supervision, or neglecting the basic protection, rearing, medical treatment and education, including food, clothing and shelter; |
| 7. | Placing a child with disability to public viewing; |
| 8. | Having a child go begging, or asking for alms by utilizing a child; |
| 9. | Having a child do acrobatics that are harmful to the child’s health or safety for the purpose of public recreation or entertainment, or handing over a child to a third person to that end; |
| 10. | Mediating rearing of a child by any person who is not an intermediary agency having a legal competence, and thereby receiving, demanding, or promising to offer money or goods; |
| 11. | Using the money and goods donated or provided for children for purposes other than originally intended. |
| Article 18 (Requests, etc. for Sentencing Loss of Parental Authority) |
| (1) | A Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor shall, if deemed necessary for a child’s welfare, request the court to restrict the exercise of parental authority or sentence the loss of parental authority, if he/she identifies that a person with parental authority abuses such authority or commits significant misconducts or child abuse or that any other serious grounds exist to make the parental authority unexercisable. |
| (2) | In cases falling under paragraph (1), the head of a child welfare facility or the head of a school under the Elementary and Secondary Education Act (hereinafter referred to as “the head of a school"), may request the relevant Mayor/Do Governor or head of the relevant Si/Gun/Gu or prosecutor to file a claim with the court to restrict the exercise of parental authority or sentence the loss of parental authority. <Amended by Act No. 14085, Mar. 22, 2016> |
| (3) | Where a request for claiming the restriction of the exercise of parental authority or the sentence of the loss of parental authority is filed under paragraph (1) or (2), a Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor shall respect the opinion of the relevant child. |
| (4) | Upon receipt of a request for claiming the restriction of the exercise of the parental authority or the sentence of the loss of the parental authority under paragraph (2), a Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor shall determine whether to file such claim and shall inform the relevant requesting agency of the purport of, and reason for, the claim or nonclaim in writing within 30 days from the date of receipt of such request. |
| (5) | Where the head of a child welfare facility or the head of a school who is notified of the outcomes of the process pursuant to paragraph (4) has an objection to such outcomes of the process, he/she may personally file a claim with the court for the restriction of the exercise of parental authority or the sentence of the loss of parental authority within 30 days from the date of receipt of notification. <Amended by Act No. 12361, Jan. 28, 2014; Act No. 14085, Mar. 22, 2016> |
| Article 19 (Request, etc. for Selection of Child’s Guardian) |
| (1) | Where a Mayor/Do Governor, the head of a Si/Gun/Gu, the head of a child welfare facility, or the head of a school identifies a child without a person with parental authority or a guardian, he/she shall request the court to select the child's guardian, if deemed necessary for the welfare of such child. <Amended by Act No. 14085, Mar. 22, 2016> |
| (2) | Where the guardian of a child commits serious misconduct, such as abusing the relevant child, the relevant Mayor/Do Governor, head of a Si/Gun/Gu, head of a child welfare facility, head of a school, or prosecutor, shall request the court to replace the guardian. <Amended by Act No. 14085, Mar. 22, 2016> |
| (3) | When a claim is filed for the selection of a guardian under paragraph (1) or for replacement of a guardian under paragraph (2), the relevant child's opinion shall be respected. |
| Article 20 (Selection of Child's Guardian) |
| (1) | Where a guardian is to be selected or replaced under the claim filed pursuant to Article 19 (1) or (2), the relevant court may select a person who is suitable for looking after the relevant child as a guardian, notwithstanding Articles 932 and 935 of the Civil Act. |
| (2) | With respect to a child without a guardian, the relevant court may assign the relevant Mayor/Do Governor, the head of a Si/Gun/Gu, the head of an agency specializing in child protection (hereinafter referred to as "specialized child protection agency") prescribed in Article 45, and the head of a foster care support center to act as a guardian temporarily before a guardian is selected pursuant to paragraph (1). In such cases, the relevant child's opinion shall be respected. <Amended by Act No. 14085, Mar. 22, 2016; Act No. 14925, Oct. 24, 2017> |
| Article 21 (Selection, etc. of Assistants) |
| (1) | In the process of a trial in the court, any of lawyers, legal representatives, lineal relatives, siblings and counselors of a specialized child protection agency may become an assistant in the inquiry into an abused child case: Provided, That a person other than lawyers shall obtain permission therefor from the court. |
| (2) | The court may, in the case of questioning an abused child as a witness, permit a person trusted by the abused child to sit with him/her, if any application for it is filed by a prosecutor, the abused child and his/her protector, or a specialized child protection agency. |
| (3) | Paragraphs (1) and (2) shall also apply where a criminal investigation agency examines an abused child. |
SECTION 2 Precaution and Prevention against Child Abuse
| Article 22 (Obligations of Precaution and Prevention against Child Abuse) |
| (1) | The State and local governments shall take the following measures for precaution and prevention against child abuse: |
| 1. | Formulation and implementation of diverse policies for precaution and prevention against child abuse; |
| 2. | Research, education, publicity for precaution and prevention against child abuse, and fact-finding surveys of child abuse; |
| 3. | Establishment and operation of a reporting system concerning child abuse; |
| 4. | Protection of, and medical treatment for, abused children, and support for the abused children's homes; |
| 5. | Other matters prescribed by Presidential Decree for precaution and prevention against child abuse. |
| (2) | Local governments shall install emergency telephones to prevent child abuse and receive reports at any time. In such cases, matters necessary for such installation and operation shall be prescribed by Presidential Decree. <Amended by Act No. 12361, Jan. 28, 2014> |
| (3) | and (4) Deleted. <by Act No. 13259, Mar. 27, 2015> |
| Article 22-2 (Prevention of Abuse on Students, etc. and Support, etc.) |
| (1) | The State and local governments shall construct a system for the early detection of child abuse relating to preschoolers in preschools under the Early Childhood Education Act and to students in schools under the Elementary and Secondary Education Act (hereafter in this Article, referred to as "students, etc.") and a interlocking system to related institutions, such as regional specialized child protection agencies (hereinafter referred to as "regional specialized child protection agency") under Article 45; and provide support so that abused students, etc. may stably adapt themselves to preschools or schools. |
| (2) | For the early detection of child abuse and prompt protection measures therefor, the Minister of Education shall share information on long-term absent students, etc., with the Minister of Health and Welfare, as prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may entrust affairs prescribed by Presidential Decree, such as supporting adaptation in schools under paragraph (1), to an institution designated by the Minister of Education or the superintendent of an office of education under the Local Education Autonomy Act. |
[This Article Newly Inserted by Act No. 14925, Oct. 24, 2017]
| Article 22-3 (Measures including Inquiry into Identification of Abused Children, etc.) |
Where the head of a specialized child protection agency provides protection, medical treatment, etc., of an abused child, he/she may request cooperation from the head of a related central administrative agency, relevant Mayor/Do Governor, or head of the relevant Si/Gun/Gu to take the following measures with regard to the abused child, his/her protector, or a child abuser; and the head of the related central administrative agency, Mayor/Do Governor, or head of the Si/Gun/Gu in receipt of such request, shall comply therewith unless there exist any justifiable grounds:
| 1. | Perusing and issuing an attestation of alien registration under the Immigration Act; |
[This Article Newly Inserted by Act No. 13259, Mar. 27, 2015]
| Article 23 (Child Abuse Precaution Day) |
| (1) | The nineteenth day of November, each year, shall be designated as the Child Abuse Precaution Day, and the one week period commencing from the Child Abuse Precaution Day shall be designated as the Child Abuse Precaution Week, in order to promote the healthy growth of children and to increase the nationwide interest in the precaution and prevention against child abuse. |
| (2) | The State and local governments shall endeavor to hold events and to conduct publicity activities, which fit for the purpose of the Child Abuse Precaution Day. |
| Article 24 (Production, Distribution and Transmission of Promotional Video Images) |
| (1) | The Minister of Health and Welfare shall produce promotional video images related to the precaution and prevention of child abuse, eduction for guiding wrongdoers, etc. and distribute them to persons in charge of broadcast programming defined in subparagraph 23 of Article 2 of the Broadcasting Act. |
| (2) | The Minister of Health and Welfare may request the terrestrial broadcasting business operators defined in subparagraph 3 (a) of Article 2 of the Broadcasting Act to transmit the promotional video images referred to in paragraph (1) through each channel within the programming ratio of the non-commercial public interest advertisements prescribed by Presidential Decree under Article 73 (4) of the same Act. |
| (3) | The terrestrial broadcasting business operators referred to in paragraph (2) may produce and transmit its own promotional video images in addition to those referred to in paragraph (1). In such cases, they may request the Minister of Health and Welfare to render necessary cooperation and assistance. |
| Article 25 Deleted. <By Act No. 12361, Jan. 28, 2014> |
| Article 26 (Education for Persons Obligated to Report Child Abuse) |
| (1) | The head of a related central administrative agency shall include the details of education concerning the prevention of child abuse and obligation to report, in education courses for acquiring qualifications or refresher courses, for persons (hereinafter referred to as "persons obligated to report child abuse") falling under any of the subparagraphs of Article 10 (2) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Child Abuse. <Amended by Act No. 12361, Jan. 28, 2014; Act No. 13259, Mar. 27, 2015> |
| (2) | The head of a related central administrative agency and a relevant Mayor/Do Governor, may notify persons obligated to report child abuse of the fact that they are persons obligated to report child abuse; and may conduct education related to the prevention of child abuse and the duty to report child abuse (hereafter in this Article, referred to as “education on the duty to report”). <Newly Inserted by Act No. 13259, Mar. 27, 2015> |
| (3) | The head of an institution, facility, etc. to which persons obligated to report child abuse belong, shall provide the persons obligated to report child abuse with education on the duty to report; and shall submit the outcomes of education to the head of a related central administrative agency: <Newly Inserted by Act No. 13259, Mar. 27, 2015; Act No. 14925, Oct. 24, 2017> |
| 1. | through 4. Deleted. <by Act No. 14925, Oct. 24, 2017> |
| (4) | Other necessary matters, such as details, hours, and methods of education prescribed in paragraphs (1) through (3), shall be prescribed by Presidential Decree. <Amended by Act No. 13259, Mar. 27, 2015> |
| Article 26-2 (Implementation of Child Abuse Prevention Education) |
| (1) | The head of a government agency, the head of a local government, the head of a public institution established under the Act on the Management of Public Institutions, the head of a public organization prescribed by Presidential Decree, shall conduct necessary education for the prevention of child abuse at least once a year; and shall submit the outcomes thereof to the Minister of Health and Welfare. |
| (2) | Persons who are not subject to education under paragraph (1) may receive necessary education for the prevention of child abuse at a regional specialized child protection agency or at an educational institution prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare shall nurture specialists and develop and supply educational programs, for education prescribed in paragraphs (1) and (2). |
| (4) | Details, hours, and methods of education prescribed in paragraphs (1) and (2), and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14925, Oct. 24, 2017]
<<Enforcement Date: Jan. 1, 2019>> Article 26-2
| Article 27 Deleted. <By Act No. 12361, Jan. 28, 2014> |
| Article 27-2 (Notification of Child Abuse, etc.) |
| (1) | If a judicial police officer has a reason to believe that child abuse has been committed while performing his/her duties relating to a child death or injury case, a domestic violence case, etc., he/she shall give a notice thereof to a specialized child protection agency. |
| (3) | Upon receipt of a notice under any of paragraphs (1) and (2), any specialized child protection agency shall take measures to protect the abused child and other necessary measures. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 27-3 (Prohibition against Refusing to Take Emergency Custody of Abused Children) |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 28 (Post Management, etc.) |
| (1) | The head of a specialized child protection agency shall verify whether any child abuse recurs, by visiting the child's home, counseling by telephone or other means, even after the settlement of the child abuse. |
| (2) | If deemed necessary for the prevention of recurrence of any child abuse, the head of a specialized child protection agency may provide necessary support to the family members of an abused child, including the abused child and his/her protector, even after the settlement of the child abuse. |
| (3) | Where a specialized child protection agency performs duties pursuant to paragraphs (1) and (2), no protector of a child shall refuse or obstruct such performance without any justifiable grounds. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| Article 28-2 (National Child Abuse Information System) |
| (1) | The Minister of Health and Welfare shall build and operate a national child abuse information system, as prescribed by Presidential Decree, to share information related to child abuse and prevent child abuse. <Amended by Act No. 14085, Mar. 22, 2016> |
| (2) | The Minister of Health and Welfare shall keep and manage records of both information on abused children, their families, and child abusers; and information on child abuse prevention activities by using the national child abuse information system prescribed in paragraph (1). In such cases, the Minister of Health and Welfare may request the heads of related central administrative agencies, Mayors/Do Governors, the heads of Sis/Guns/Gus, specialized child protection agencies, etc., to provide necessary materials. <Amended by Act No. 14085, Mar. 22, 2016; Act No. 14925, Oct. 24, 2017> |
| (3) | Where it is necessary to protect children and prevent the occurrence of child abuse, any of the following persons may request the Minister of Health and Welfare to provide information on abused children, their families, and child abusers from the national child abuse information system. In such cases, he/she shall specifically state the purpose and scope of necessary information, as prescribed by Presidential Decree: <Newly Inserted by Act No. 14925, Oct. 24, 2017> |
| 1. | Mayors/Do Governors and the heads of Sis/Guns/Gus; |
| 2. | Judges, public prosecutors, and the heads of police stations; |
| 4. | The heads of medical institutions exclusively in charge of child abuse under Article 29-7; |
| 5. | The heads of child welfare facilities falling under Article 52 (1) 1 through 6, 9 and 10; |
| 6. | The heads of institutions or organizations related to protecting and supporting abused children, prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare in receipt of request under paragraph (3), may provide the relevant information from the national child abuse information system: Provided, That in cases prescribed by Presidential Decree, which are necessary to protect abused children, the Minister of Health and Welfare may restrict the provision of information. <Newly Inserted by Act No. 14925, Oct. 24, 2017> |
| (5) | No person who has obtained information related to abused children pursuant to paragraphs (3) and (4), shall use the relevant information for purposes other than the purpose of request made under paragraph (3); and shall provide or divulge the relevant information to others. <Newly Inserted by Act No. 14925, Oct. 24, 2017> |
| (6) | The Minister of Health and Welfare may entrust the National Child Protection Agency with the operation of the national child abuse information system prescribed in paragraph (1). <Amended by Act No. 14085, Mar. 22, 2016; Act No. 14925, Oct. 24, 2017> |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29 (Support for Abused Children and Their Family Members, etc.) |
| (1) | The head of a specialized child protection agency shall provide necessary support to the family members of an abused child, including the abused child and his/her protector, such as counseling, education, medical treatment and psychological therapy, etc. in order to secure the safety of the child, prevent recurrence of child abuse, and to maintain sound household functions. etc. |
| (2) | The head of a specialized child protection agency may request cooperation of the relevant institutions in providing support referred to in paragraph (1). |
| (3) | The family members of an abused child, including his/her protector, shall participate in good faith in the support provided by a specialized child protection agency under paragraph (1). |
| (4) | The head of a specialized child protection agency shall give top priority consideration to the interests of an abused child in all process of making a decision on whether to provide support, providing the support, etc. under paragraph (1). |
| (5) | Whenever it is necessary for abused children and their family members enrolled in schools under each of the subparagraphs of Article 2 of the Elementary and Secondary Education Act to enter schools (including admission and re-admission to schools, change of schools, and transfer to other schools; hereinafter the same shall apply) outside the areas where they reside, the State and local governments shall provide support to help them enter those schools. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| (6) | Matters necessary for entrance into schools under paragraph (5) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| Article 29-2 (Recommendation to Child Abusers for Participation in Counseling, Education, etc.) |
The head of each specialized child protection agency may recommend that child abusers be provided with necessary support, including counseling, education, and psychological therapy. In such cases, child abusers shall conscientiously participate in counseling, education, psychological therapy, etc., unless there exist any justifiable grounds. <Amended by Act No. 14085, Mar. 22, 2016>
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-3 (Restrictions, etc. on Employment in Child-Related Institutions) |
| (1) | No person who was finally and conclusively sentenced to a punishment or medical treatment and custody for committing a child abuse-related crime (hereinafter referred to as “ex-convict for a child abuse-related crime”), may operate any of the following facilities or institutions (hereinafter referred to as “child-related institutions”); nor shall be employed in any child-related institutions; nor shall have a de facto employment relationship with such institutions; for a period ranging from the time the sentence became final and conclusive, to ten years after the whole or part of the execution of the punishment or medical treatment and custody became terminated (including cases where deemed terminated) or after the non-execution thereof became final and conclusive: <Amended by Act No. 13805, Jan. 19, 2016; Act No. 14085, Mar. 22, 2016; Act No. 14224, May 29, 2016; Act No. 14887, Sep. 19, 2017; Act No. 14925, Oct. 24, 2017> |
| 1. | The agencies implementing integrated services for children belonging to vulnerable social groups provided for by Article 37, specialized child protection agencies, foster home supporting centers provided for by Article 48, and child welfare facilities provided for by Article 52; |
| 12. | Management offices for multi-family housing (limited to persons engaged in the guard duty) provided for by subparagraph 3 of Article 2 of the Housing Act; |
| 21. | Specialized child protection agencies, or corporations operating abused children's shelters; |
| (2) | The head of a local government, the superintendent of a office of education, or the head of a district office of education, who has jurisdiction over the establishment, or authorization for or report on establishment, of a child-related institution referred to in each subparagraph (excluding subparagraphs 12 and 22) of paragraph (1), shall inquire of the head of the related agency about the child abuse-related crime records of the person who seeks to operate the child-related institution, with the consent of said person. <Amended by Act No. 14887, Sep. 19, 2017> |
| (3) | The head of a child-related institution shall verify the child abuse-related crime records of a person who is employed in or is in a de facto employment relationship with the institution or who seeks to be employed in or to have a de facto employment relationship with the institution. In such cases, the head of such institution shall inquire of the head of the related agency about the child abuse-related crime records of said person, with the consent of said person. |
| (4) | The head of the related agency, in receipt of an inquiry about the child abuse-related crime records under paragraphs (2) and (3), shall comply with such request unless there exist any justifiable grounds. |
| (5) | Matters necessary for the procedures, scope, etc., of inquiries into the child abuse-related crime records provided for by paragraphs (2) and (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-4 (Inspection and Ascertainment of Employment of Ex-Convicts for Child Abuse-Related Crime) |
| (1) | The Minister of Health and Welfare or the head of a related central administrative agency, shall directly inspect and ascertain or make an inquiry of a related agency about, at least once a year, whether an ex-convict for a child abuse-related crime in violation of Article 29-3 (1) works for or has a de facto employment relationship with any of the following child-related institutions: <Amended by Act No. 14887, Sep. 19, 2017> |
| 1. | The Minister of Education: Child-related institutions under Article 29-3 (1) 8, 18 and 19; |
| 2. | The Minister of Culture, Sports and Tourism: Child-related institutions under Article 29-3 (1) 17; |
| 3. | The Minister of Health and Welfare: Child-related institutions under Article 29-3 (1) 1, 7, 9, 10 and 11; |
| 4. | The Minister of Gender Equality and Family: Child-related institutions under Article 29-3 (1) 2, 3, 4, 5, 6, 13, 14, 15, 16 and 20; |
| 5. | The Minister of Land, Infrastructure and Transport: Child-related institutions under Article 29-3 (1) 12; |
| 6. | The Minister of Justice: Child-related institutions under Article 29-3 (1) 22. |
| (2) | Where necessary for the inspection and ascertainment under paragraph (1), the Minister of Health and Welfare or the head of the related central administrative agency may require the head of the child-related institution or the supervisory agency thereof to submit related materials. |
| (3) | The Minister of Health and Welfare or the head of the related central administrative agency shall make public the results of the inspection and ascertainment under paragraph (1) by using the Internet homepage, etc., as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-5 (Demand for Dismissal, etc. of Employed Workers) |
| (1) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) shall demand that the head of a child-related institution dismiss a person who is employed or in a de facto employment relationship in violation of Article 29-3 (1). |
| (2) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) shall demand that the head of a child-related institution close the child-related institution if it is in operation in violation of Article 29-3 (1). |
| (3) | The head of a central administrative agency referred to in each subparagraph of Article 29-4 (1) may close a child-related institution or revoke the registration, permission, etc. therefor, or require the head of the related administrative agency to take such measures, as prescribed by Presidential Decree, if the head of the child-related institution refuses the demand for closure under paragraph (2), or fails to meet the demand within one month, without justifiable grounds. |
[This Article Newly Inserted by Act No. 12361, Jan. 28, 2014]
| Article 29-6 (Legal Advice, etc. on Child Abuse) |
| (1) | The State may provide support, such as legal advice and litigation services for abused children (hereafter in this Article, referred to as "legal advice, etc."). |
| (2) | The Minister of Health and Welfare and the head of specialized child protection agencies may request the Korea Legal Aid Corporation prescribed in Article 8 of the Legal Aid Act or other institutions prescribed by Presidential Decree to provide legal advice, etc. |
| (3) | The State may bear expenses of legal advice, etc., as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where a person in receipt of legal advice, etc. receives the expenses of legal advice, etc. pursuant to other statutes. |
| (4) | Requirements for, details of and procedures for legal advice, etc. shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14925, Oct. 24, 2017]
| Article 29-7 (Designation of Dedicated Medical Institutions for Treatment of Child Abuse) |
| (1) | The Minister of Health and Welfare, Mayors/Do Governors, and heads of Sis/Guns/Gus may designate national hospitals, public hospitals, health clinics or private medical institutions, as dedicated medical institutions for treatment of abused children (hereinafter in this Article, referred to as "dedicated medical institution"). |
| (2) | Where a dedicated medical institution receives a request from an abused child, his/her family, his/her relative, the head of a specialized child protection agency, or the head of a child welfare facility, the head of a police station, a judge, a public prosecutor, or a family court, the dedicated medical institution shall take the following measures for abused children: |
| 1. | Counseling on damage caused by child abuse; |
| 2. | Physical and mental treatment; |
| 3. | Other matters concerning medical treatment prescribed by Presidential Decree. |
| (3) | Where a dedicated medical institutions designated pursuant to paragraph (1) falls under any of the following, the Minister of Health and Welfare, Mayors/Do Governors, and heads of Sis/Guns/Gus may revoke such designation: Provided, That where it falls under subparagraph 1, they shall revoke such designation: |
| 1. | Where it has been designated by fraud or other wrongful means; |
| 2. | Where it refuses to provide medical support prescribed in paragraph (2) without good cause; |
| 3. | Other cases determined by Presidential Decree to be unfit as a dedicated medical institution. |
| (4) | Necessary matters concerning standards, procedures, etc. for designating and revoking designation under paragraphs (1) and (3), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14925, Oct. 24, 2017]
CHAPTER IV SUPPORT SERVICES FOR CHILDREN
SECTION 1 Safety of Children and Health Care Support
| Article 30 (Establishment of Safety Standards) |
The State shall establish the safety standards for child welfare facilities and goods for children as prescribed by Presidential Decree, and have the manufacturers, installers and managers of child’s goods observe them.
| Article 31 (Education for Safety of Children) |
| (1) | The heads of child welfare facilities, the heads of nurseries provided for by the Infant Care Act, the heads of kindergartens provided for by the Early Childhood Education Act, and the heads of schools provided for by the Elementary and Secondary Education Act, shall formulate education plans and provide education for the following matters each year, as prescribed by Presidential Decree, in consideration of the ages of children subject to eduction: <Amended by Act No. 13653, Dec. 29, 2015> |
| 1. | Prevention of sexual violence and child abuse; |
| 2. | Precaution and prevention of disappearance and abduction; |
| 3. | Health and hygiene management, including the prevention of contagious diseases and drug abuse; |
| 4. | Safety measures against disasters; |
| (2) | The heads of child welfare facilities and the heads of nurseries provided for by the Infant Care Act, shall report education plans formulated and the outcomes of education provided under paragraph (1) to the head of the competent Si/Gun/Gu once a year. |
| (3) | The heads of kindergartens provided for by the Early Childhood Education Act and the heads of schools provided for by the Elementary and Secondary Education Act, shall report education plans formulated and the outcomes of education provided under paragraph (1) to the superintendent of the competent office of education once a year. |
| Article 32 (Installation, etc. of Image Data Processing Equipment in Child Protection Zones) |
| (1) | The State and local governments may, if deemed necessary to protect children from the danger of crime, such as abduction, designate surrounding areas of any of the following facilities as child protection zone and take necessary measure, including patrolling for prevention of a crime and providing guidance to children: <Amended Act No. 11520, Oct. 22, 2012> |
| (2) | Matters necessary for the standards and procedures, etc. for the designation of a child protection zone under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The State and local governments shall install image data processing equipment defined in subparagraph 7 of Article 2 of the Personal Information Protection Act in the child protection zones designated under paragraph (1). <Newly Inserted by Act No. 11520, Oct. 22, 2012> |
| (4) | Except as otherwise provided for in this Act, matters concerning the installation, etc. of image data processing equipment shall be governed by the Personal Information Protection Act. <Amended Act No. 11520, Oct. 22, 2012> |
| Article 33 (Placement of Manpower for Protection of Safety of Children) |
| (1) | The State and local governments may place and utilize manpower for the protection of safety of children that conducts patrols and provides guidance, etc. to children in order to prevent crimes against children, such as disappearance and abduction. |
| (2) | Any person who conducts patrols and provides guidance, etc. to children under paragraph (1) shall carry a certificate indicating his/her authority and produce it to the related persons. |
| (3) | The State and local governments shall check the criminal records of persons who intend to be placed as the manpower for the protection of safety of children, after obtaining their consent. |
| (4) | Matters necessary for the scope of duties and utilization of the manpower for the protection of safety of children under paragraph (1) and the procedure, scope, etc. of the checking of criminal records under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 34 (Designation and Operation of Children's Emergency Shelters) |
| (1) | The Commissioner of the National Police Agency may designate and operate children's emergency shelters to protect children who are in danger of abduction, etc. |
| (2) | The Commissioner of the National Police Agency shall check the criminal record of each person who intends to be designated as a children's emergency shelter under paragraph (1). |
| (3) | Matters necessary for the designation and operation of a children's emergency shelter under paragraph (1), and the procedures for, scope, etc. of, confirmation of criminal record under paragraph (2) shall be prescribed by Presidential Decree. |
| Article 35 (Preservation of Healthy Body and Soul) |
| (1) | A child protector shall pay due attention and make utmost efforts to maintain and improve a child's health. |
| (2) | In order to enhance children's health and improving their physical strength, the State and local governments shall provide support for the following matters: |
| 1. | Matters concerning the enhancement of physical health; |
| 2. | Matters concerning the enhancement of mental health, such as prevention of suicide and diverse addictions; |
| 3. | Matters concerning the prevention of skipping meals and improvement of nourishment through subsidized meals; |
| 4. | Matters concerning the enhancement of physical strength and increase leisure time, such as prevention of obesity. |
| (3) | The State and local governments shall prepare a base for children to receive counseling and medical treatment in a timely manner by finding out their physical or mental problem in advance. |
| (4) | The detailed contents of support services under paragraphs (2) and (3) shall be prescribed by Presidential Decree: Provided, That matters necessary for the standards for, method of, and procedure, etc., for, subsidizing meals under subparagraph (2) 3 shall be prescribed by the municipal ordinance of each relevant local government based on the standards prescribed by Presidential Decree. |
| Article 36 (Public Health Centers) |
A public health center shall take charge of the following affairs in accordance with this Act:
| 1. | Preventative measures for children against contagious diseases; |
| 2. | Health counselling and physical examinations of children and guidance on their health and sanitation; |
| 3. | Improvement of children’s nutrition. |
SECTION 2 Support, etc. for Integrated Service for, and Self-Reliance of, Children Belonging to Vulnerable Social Group
| Article 37 (Support for Integrated Service for Children Belonging to Vulnerable Social Group) |
| (1) | In order to promote children's healthy growth and development, the State and local governments shall select households, the growth of children and welfare conditions of which are vulnerable, and shall implement an integrated service which provides comprehensive support for the health, welfare, protection, education, medical treatment, etc. of the children and other family members of such households. |
| (2) | Matters necessary for the selection of persons eligible for the support for integrated service, contents of the integrated service, implementing agency of, and human resources for implementing, such service under paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | The Minister of Health and Welfare may entrust affairs related to the support for the operation of integrated service program to a corporation, organization, etc. |
| Article 38 (Support for Self-Reliance) |
| (1) | In order to support the preparation for the termination of protection of children subject to protection by foster homes and their self-reliance after being discharged from child welfare facilities, the State and local governments shall take the following measures: |
| 1. | Support for the residence, living, education, finding employment, etc. required for self-reliance; |
| 2. | Support for the formation and management of assets required for self-reliance (hereinafter referred to as "asset formation support"); |
| 3. | Fact-finding survey and research on self-reliance; |
| 4. | Establishment and operation of a post management system; |
| 5. | Other matters prescribed by Presidential Decree as necessary for self-reliance. |
| (2) | Matters necessary for the procedure for, and method of, the support for self reliance under paragraph (1), and the scope, etc. of children requiring the support shall be prescribed by Presidential Decree. |
| Article 39 (Establishment, etc. of Self-Reliance Support Plans) |
| (1) | The head of a foster home supporting center and the head of a child welfare facilities shall establish an annual self-reliance support plan for each child aged 15 or older who is under protection and conduct education for the persons who implement such plan on the support for self-reliance. |
| (2) | Matters necessary for the establishment, implementation, etc. of self-reliance support plans under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 40 (Establishment, Operation, etc. of Organ Exclusively Responsible for Support for Self-Reliance) |
The State and each local government may establish and operate an organ exclusively responsible for such affairs as the establishment and operation of a database related to support for self-reliance, development and dissemination of self-reliance support programs, management of cases, etc. or entrust all or part of the operation thereof to a corporation, organization, etc.
| Article 41 (Council for Promotion of Support for Children's Self-Reliance) |
| (1) | For the efficient implementation of policies for supporting self-reliance of children subject to support, the Minister of Health and Welfare may establish the Council for Promotion of Support for Children's Self-Reliance which consists of public officials belonging to related administrative agencies. |
| (2) | Matters necessary for the detailed composition, operation, etc. of the Council for Promotion of Support for Children's Self-Reliance referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 42 (Asset Formation Support Programs) |
| (1) | The State and local governments may implement asset formation support programs for children to grow up and develop as sound members of society. |
| (2) | Matters necessary for the scope of children subject to asset formation support programs under paragraph (1), selection and management, etc. of the relevant children shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 43 (Affairs Related to Asset Formation Support Programs) |
| (1) | For the efficient implementation of asset formation support programs prescribed in Article 42, the Minister of Health and Welfare shall be responsible for the affairs related to operation of asset formation support programs and management of financial assets. |
| (2) | Affairs related to the operation of asset formation support programs referred to in paragraph (1) shall be as follows: |
| 1. | Management of children subject to asset formation support programs; |
| 2. | Finding and management of patrons of asset formation support programs; |
| 3. | Education on, and publicity of, asset formation support programs; |
| 4. | Surveys, research and appraisal concerning asset formation support programs; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare with respect to asset formation support programs. |
| (3) | Affairs related to the management of financial assets referred to in paragraph (1) shall be as follows: |
| 1. | Development and management of financial instruments for asset formation support programs; |
| 2. | Matters concerning the operation of financial instruments for asset formation support programs. |
| Article 44 (Entrustment of Affairs Related to Asset Formation Support Programs) |
| (1) | The Minister of Health and Welfare may entrust the affairs related to the operation of asset formation support programs prescribed in Article 43 (2) to corporations or organizations prescribed by Presidential Decree, such as social welfare foundations under the Social Welfare Services Act. |
CHAPTER V CHILD WELFARE FACILITIES
| Article 45 (Establishment, etc. of Specialized Child Protection Agencies) |
| (1) | The State shall establish the National Child Protection Agency to vitalize child abuse prevention activities and establish a mutual linking system among regions. |
| (2) | Each local government shall establish in a City/Do or a Si/Gun/Gu at least one regional specialized child protection agency to take charge of prompt services for finding and protecting abused children and providing medical treatment to them and of the prevention of child abuse: Provided, That a Mayor/Do Governor may establish and operate a combined regional specialized child protection agency for at least two Sis/Guns/Gus in consideration of the number of children in the areas under his/her jurisdiction and the geographical conditions of those areas, as prescribed by the ordinance thereof. <Amended by Act No. 12361, Jan. 28, 2014> |
| (3) | Where a regional specialized child protection agency is established and operated by integration under the proviso to paragraph (2), the relevant Mayor/Do Governor may have the heads of the relevant Sis/Guns/Gus jointly bear the expenses incurred in relation to establishment and operation of the regional specialized child protection agency in consideration of the number of children within the regions under their respective jurisdiction. |
| (4) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may designate non-profit corporations established for child abuse prevention and entrust them with the operation of the National Child Protection Agency under paragraph (1) or the regional specialized child protection agencies under paragraph (2). |
| (5) | Matters necessary for the standards for the establishment and operation of specialized child protection agencies, qualifications for counselors and other employees thereof, and the standards for their placement, requirements for designation, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 46 (Duties of Specialized Child Protection Agencies) |
| (1) | The National Child Protection Agency shall perform the following duties: <Amended by Act No. 12361, Jan. 28, 2014; Act No. 14925, Oct. 24, 2017> |
| 1. | Support for regional specialized child protection agencies; |
| 2. | Research and publication of materials related to child abuse prevention activities; |
| 3. | Establishment of a linking system for effective child abuse prevention activities; |
| 4. | Development and evaluation of programs for child abuse prevention activities; |
| 5. | On-the-job training for employees working in specialized child protection agencies and shelters for abused children, and education and publicity related to child abuse prevention; |
| 6. | Establishment and operation of a computerized system for specialized child protection agencies; |
| 6-2. | Operation of a child abuse information system entrusted pursuant to Article 28-2 (6); |
| 7. | Other duties related to child abuse prevention activities prescribed by Presidential Decree. |
| (2) | Regional specialized child protection agencies shall perform the following duties: <Amended by Act No. 12361, Jan. 28, 2014; Act No. 14085, Mar. 22, 2016; Act No. 14925, Oct. 24, 2017> |
| 1. | Receipt of reports on child abuse, on-spot investigations, and emergency protection; |
| 2. | Establishment and operation of a testimony recording room for counseling for and examination of abused children; |
| 3. | Counseling, medical treatment, and education for abused children, and their families, and child abusers; |
| 4. | Education and publicity for child abuse prevention; |
| 5. | Post management of the abused child's family; |
| 6. | Operation of conferences on cases and the establishment and operation of expert committees for child abuse cases; |
| 7. | Other duties related to child abuse prevention activities prescribed by Presidential Decree. |
| Article 46-2 (Establishment and Operation of Expert Committee on Child Abuse Cases) |
| (1) | An expert committee on child abuse cases (hereinafter referred to as "expert committee on cases"), shall be established in a regional specialized child protection agency in order to deliberate on matters related to the prevention of child abuse and support to abused children. In such cases, where there are grounds prescribed by Presidential Decree, such as cases where it is impossible to independently organize an expert committee on cases, at least two regional specialized child protection agencies may jointly organize an expert committee on cases. |
| (2) | An expert committee on cases shall deliberate on the following for the prevention of child abuse and support to abused children: |
| 1. | Support to abused children, their families, etc.: |
| 2. | Direction-setting and procedures for intervention in child abuse; |
| 3. | Whether a complaint of child abuse is filed; |
| 4. | Other matters prescribed by Presidential Decree. |
| (3) | An expert committee on cases shall be comprised of at least five members but not more than 15 members, including one chairperson; and such committee members shall, upon the recommendation of the head of the relevant regional specialized child protection agency, be commissioned by the head of a local government that has established the relevant agency. In such cases, the head of a local government shall commission a public official in charge of child abuse of the relevant local government and a police officer in charge of child abuse in the competent police station, as ex officio committee members; and shall commission, at least, one person as a committee member, from among those who have held the office of judge, public prosecutor, or attorney-at-law for at least three years. |
| (4) | An expert committee on cases may request the head of a specialized child protection agency and the head of the relevant police station to provide related data on child abuse cases which have occurred in the relevant area. |
| (5) | No person who attends meetings of an expert committee on cases shall divulge confidential information he/she has obtained in the course of performing duty or make unlawful profits by using such confidential information. |
| (6) | No meeting, list of members, and minutes of an expert committee on cases shall be disclosed: Provided, That where there are grounds for disclosure prescribed by Presidential Decree, such as cases where an abused child or his/her protector makes a request, details for such request may be disclosed when an expert committee on cases adopts a resolution thereon, excluding personal information, such as a list of members, names of persons related to cases, resident registration numbers, and domiciles. |
| (7) | Other necessary matters concerning the composition and operation of an expert committee on cases, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14925, Oct. 24, 2017]
| Article 47 (Performance Evaluation, etc. of Specialized Child Protection Agencies) |
| (1) | The Minister of Health and Welfare shall conduct performance evaluation of specialized child protection agencies once every three years. |
| (2) | Matters necessary for performance evaluation and utilization, etc. of the results of evaluation shall be prescribed by Presidential Decree. |
| Article 48 (Establishment, etc. of Foster Home Supporting Centers) |
| (1) | The State shall establish the central foster home supporting center in order to activate the foster home system and to establish the mutual linking system among regions. |
| (2) | In order to activate the foster home system for children subject to protection, each local governments shall establish a regional foster home supporting center in a City/Do and a Si/Gun/Gu: Provided, That a Mayor/Do Governor may establish and operate one foster home supporting center by combining two or more Sis/Guns/Gus, as prescribed by the relevant municipal ordinance. |
| (3) | Where a regional foster home supporting center is established and operated by integration under the proviso to paragraph (2), the relevant Mayor/Do Governor may have the heads of the Sis/Guns/Gus concerned jointly bear expenses required for the establishment and operation of the regional foster home supporting center in consideration of the number of children within the regions under their respective jurisdiction. |
| (4) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may designate non-profit corporations established for support for regional foster homes and entrust them with the operation of the central foster home supporting center or the regional foster home supporting centers prescribed in paragraphs (1) and (2). |
| (5) | Matters necessary for the standards for the establishment and operation of foster home supporting centers, qualifications for counselors and other employees thereof, and the standards for their placement, requirements for designation, etc. under paragraph (4) shall be prescribed by Presidential Decree. |
| Article 49 (Duties of Foster Home Supporting Centers) |
| (1) | The central foster home supporting center shall perform the following duties: |
| 1. | Supports to local foster home supporting centers; |
| 2. | Establishment of the linking systems for effective foster home business; |
| 3. | Research and data publication related to foster home business; |
| 4. | Development and evaluation of the programs for foster home business; |
| 5. | Education and publicity related to foster home business, such as education of counselors; |
| 6. | Establishment of an information basis of foster home business, and the provision of information; |
| 7. | Other duties prescribed by Presidential Decree with respect to foster home business. |
| (2) | Local foster home supporting centers shall perform the following duties: |
| 1. | Publicity of foster home business, and finding families intending to provide foster homes; |
| 2. | Survey of the families intending to provide foster homes and counseling for the children to be commissioned in foster homes; |
| 3. | Education of persons intending to provide foster homes and education of foster parents; |
| 4. | Case management of foster homes; |
| 5. | Support for returning to real parents' homes; |
| 6. | Management of self-reliance plans and case management of children in care of foster homes; |
| 7. | Provision of information concerning foster home system within the district under jurisdiction; |
| 8. | Matters prescribed by Presidential Decree with respect to foster home business. |
| Article 50 (Installation of Child Welfare Facilities) |
| (1) | The State and local governments may install child welfare facilities. |
| (2) | Persons, other than the State and local governments, may install child welfare facilities after filing a report with the head of a competent Si/Gun/Gu. |
| (3) | Matters necessary for the standards for and installation of the facilities, etc. of child welfare facilities shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 51 (Report on Suspension, Closure, etc. of Operation) |
| (1) | A person who intends to suspend, close, or resume the operation of a child welfare facility reported pursuant to Article 50 (2), shall report to the head of a Si/Gun/Gu in advance as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where the head of a child welfare facility closes or suspends the operation of the child welfare facility, he/she shall take measures to protect the rights and interests of children subject to protection, including the transfer of children using the relevant child welfare facility to another child welfare facility as prescribed by Presidential Decree. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| (3) | Upon receipt of a report on the closure or suspension of the operation of a child welfare facility pursuant to paragraph (1), the head of a Si/Gun/Gu shall take measures prescribed by Ordinance of the Ministry of Health and Welfare, including verification as to whether the head of the child welfare facility has taken measures to protect the rights and interests of children subject to protection under paragraph (2). <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| Article 52 (Types of Child Welfare Facilities) |
| (1) | The types of child welfare facilities shall be as follows: <Amended by Act No. 14085, Mar. 22, 2016; Act No. 14925, Oct. 24, 2017> |
| 1. | Child rearing facilities: Facilities aiming at protecting and rearing children subject to protection and at providing such children with employment training, self-reliance support service, etc., by admitting the children in such facilities; |
| 2. | Temporary protection facilities for children: Facilities aiming at temporarily protecting children subject to protection, at formulating plans for future rearing, and at taking protective measures for such children; |
| 3. | Protection and treatment facilities for children: Facilities protecting children and providing them with medical treatment as follows: |
| (a) | Facilities aiming at admitting children who indulge in delinquent acts or are likely to commit such acts, and who has no any protector, or for whom a person with parental authority or a protector has filed an application for such facilities, or who are entrusted as persons under the age of 19 for protection by the Court of Family Affairs, a district court, and a juvenile branch court to foster them as the sound members of society through provision of medical treatment and guidance into the right path; |
| (b) | Facilities aiming at providing protection and medical treatment to children having difficulty due to emotional or behavioral disorder or children requiring medical treatment by being temporarily isolated from their parents' abuse; |
| 4. | Communal homes: Facilities aiming at providing children subject to protection with a family-like residential condition, protection, rearing and self-reliance support service; |
| 5. | Facilities supporting for self-reliance: Facilities aiming at supporting the self-reliance of persons who are discharged from a child welfare facility by protecting them during a period for employment preparation or during a certain period after employment; |
| 6. | Child counsel centers: Facilities aiming at providing counseling, medical treatment, prevention, and research, etc., concerning the problems of children and their families; |
| 7. | Exclusive facilities for children: Facilities aiming at providing services necessary for maintaining physical and mental health and improving welfare by providing sound play, recreations, and other various conveniences, including children’s parks, children’s playgrounds, children’s halls, facilities for sports, drama, cinema, and scientific experiment display, children’s resting and lodging places, campgrounds, etc.; |
| 8. | Regional centers for children: Facilities aiming at providing comprehensive child welfare services to foster children in healthy conditions, including protection and education of children in the community, provision of sound play and recreations for them, and establishment of a linkage between their protectors and the community; |
| 9. | Specialized child protection agencies; |
| 10. | Foster care support centers provided for by Article 48. |
| (2) | A child welfare facility provided for by paragraph (1) may be established in an integrated form. |
| (3) | A child welfare facility provided for by paragraph (1) may implement the following services additionally in so far as each facility does not impair services for its unique purposes and meets the standards for installation and operation of each facility: |
| 1. | Services to support children’s families: Services to provide children, families and community residents with counseling, advice, and information for the sound development of children in the community; |
| 2. | Services for daytime child protection: Services to ensure the sound growth of children through individual protection and education for children who are unable to obtain any protection at home during daytime due to extenuating grounds; |
| 3. | Specialized counsel service for children: Services to provide children unadapted to school, etc., with counseling and medical treatment for forming sound personality, and to take measures for prevention of school violences; |
| 4. | Protection services for abused children: Services to identify, protect, and treat abused children and to prevent child abuse, in a specialized way; |
| 5. | Services of communal homes: Services aiming at providing children subject to protection with family-like residential conditions and protection; |
| 6. | After-school guidance service for children: Services aiming at forming the sound personality of children from low-income families through individual protection and education after school. |
| Article 53 (Installation of Facilities for Children’s Exclusive Use) |
| (1) | The State and local governments shall endeavor to establish facilities to be exclusively used by children at any time. |
| (2) | Any person who installs and operates the cultural and recreational facilities, transportation and other service facilities, etc. which children may use, may furnish a convenience facility, taking the convenience for children’s use into consideration, as prescribed by Presidential Decree, and exempt or reduce the entrance fee and use charges, etc. for the children. |
| (3) | Matters necessary for the standards, etc. for installation of the facilities for children’s exclusive use shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 53-2 (Designation of Abused Children's Shelters) |
The head of a Si/Gun/Gu may designate abused children's shelters providing protection, medical treatment, rearing services, etc., for abused children, from among communal homes provided for by Article 52 (1) 4. [This Article Newly Inserted by Act No. 14085, Mar. 22, 2016]
| Article 54 (Persons Engaged in Relevant Work at Child Welfare Facilities) |
| (1) | Child welfare facilities shall employ the required professional manpower. |
| (2) | Type and number, qualifications and employment standards of persons engaged in relevant work at child welfare facilities shall be prescribed by Presidential Decree. |
| Article 55 (Education and Training of Persons Engaged in Relevant Work at Child Welfare Facilities) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall conduct education and training for fostering and quality improvement of persons engaged in relevant work at child welfare facilities. |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu may conduct education and training referred to in paragraph (1) by entrusting it to universities and colleges (including junior colleges), child welfare organizations, or other educational and training facilities (hereinafter referred to as "educational and training facilities"). |
| Article 56 (Improvement of Facilities, Suspension of Services, and Closure of Facilities, etc.) |
| (1) | If any child welfare facility, or educational and training facility (excluding universities, colleges, and junior colleges), falls under any of the following, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may issue an order for improvement of the facility, not more than six-month service suspension, revocation of entrustment, replacement of the head of such facility, or closure of such facility, under the relevant jurisdiction: <Amended by Act No. 12361, Jan. 28, 2014; Act No. 14085, Mar. 22, 2016> |
| 1. | Where the relevant facility no longer meets the installation standards; |
| 2. | Where the permission for the establishment of the relevant facility established and operated by a social welfare corporation or non-profit corporation is revoked; |
| 3. | Where it is deemed unnecessary to continue the operation of the relevant facility due to the achievement of its installation objectives or on any other grounds; |
| 4. | Where an act of child abuse is confirmed as committed by the relevant facility against a child subject to protection; |
| 5. | Where expenses are subsidized by fraud or other improper means; |
| 6. | Where the relevant facility has been operated during the period of suspension of services; |
| 7. | Where the relevant facility violates this Act or any orders issued under this Act. |
| (2) | Where the operation of a child welfare facility or an educational and training facility (excluding colleges and junior colleges) is suspended, its entrustment is revoked, or its facility is closed, pursuant to paragraph (1), the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu, shall take measures necessary to protect the rights and interests of children subject to protection, such as the transfer of children using the relevant facility to another facility. <Newly Inserted by Act No. 14085, Mar. 22, 2016> |
| (3) | Standards for the dispositions for improvement of facilities, suspension of services, revocation of entrustment, replacement of the heads of the relevant facilities, or closure of facilities, provided for by paragraph (1), shall be prescribed by Presidential Decree, in consideration of the types, causes, and gravity of violations. |
| Article 57 (Obligations of Heads of Child Welfare Facilities) |
The heads of child welfare facilities shall guarantee the rights and interests of protected children to the maximum extent, and provide adequate counseling and guidance at the same time to ensure the protected children’s return to their families if the person with parental authority exists. <Amended by Act No. 14085, Mar. 22, 2016>
| Article 58 (Fosterage of Child Welfare Organizations) |
The State and local governments may guide and foster a child welfare organization.
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 59 (Subsidization of Expenses) |
The State and local governments may fully or partially subsidize any of the following expenses, as prescribed by Presidential Decree: <Amended by Act No. 13259, Mar. 27, 2015; Act No. 14925, Oct. 24, 2017>
| 1. | Expenses incurred in installing and operating child welfare facilities and for operating their programs, or in rearing, protecting, and managing the fostered children; |
| 2. | Expenses incurred in rearing by grandparents, or in protecting by a foster home, of a child subject to protection; |
| 3. | Expenses incurred in the guidance, supervision, enlightenment, and publicity of child welfare services; |
| 4. | Deleted; <by Act No. 14085, Mar. 22, 2016> |
| 4-2. | Expenses incurred in providing education on the duty to report provided for by Article 26; |
| 4-3. | Expenses incurred in taking measures under the subparagraphs of Article 29-7 (2); |
| 5. | Expenses incurred in supporting the integrated service for children belonging to a vulnerable social group under Article 37; |
| 6. | Expenses incurred in supporting self-reliance of children subject to protection under Article 38; |
| 7. | Expenses incurred in implementing asset formation support programs under Article 42; |
| 8. | Expenses incurred in guiding and fostering child welfare organizations under Article 58. |
| Article 60 (Collection of Expenses) |
A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a child welfare facility, may collect all or some of the expenses required for the protective measures under Article 15 (1) 3 through 5 and Article 15 (5) and (6), respectively, from a person liable for supporting the relevant child, as prescribed by Presidential Decree. <Amended by Act No. 14085, Mar. 22, 2016>
| Article 61 (Order to Return Subsidies) |
Where a person entrusted with protection, such as the head of a child welfare facility, the head of a foster home supporting center, a grandparent rearing grandchildren, or the head of a child welfare organization, falls under any of the following, the State or local government may order him/her to return all or some of the subsidies already granted: <Amended by Act No. 14085, Mar. 22, 2016>
| 1. | Where he/she violates the conditions on granting the subsidy; |
| 2. | Where he/she receives the subsidy by fraud or other improper means; |
| 3. | Where he/she commits an act for gaining private profits in connection with the operation of a child welfare facility; |
| 4. | Where any balance of subsidies exists; |
| 5. | Where he/she violates this Act or an order issued under this Act. |
| Article 62 (Lease, etc. of National or Public Property Owned by the State or Public) |
| (1) | Where deemed necessary for the installation and operation of child welfare facilities, the State or local governments may lease the property owned by the State or public, or allow to use them and earn profit therefrom, without compensation, notwithstanding the State Property Act and the Public Property and Commodity Management Act. |
| (2) | The contents of, and conditions for, the lease and use of the property owned by the State or public and earning benefit therefrom under paragraph (1) shall be governed by the contract between a person who intends to use them and earn profit therefrom and the head of a central administrative agency or local government having jurisdiction over the relevant property. |
| Article 63 (Tax Exemption) |
The building and land used by child welfare facilities for protection of children, and expenses incurred in installing and operating such facilities may be exempted from taxes and other public charges, as prescribed by the Restriction of Special Taxation Act and other related statutes.
| Article 64 (Prohibition of Seizure) |
No money or goods received and no right to receive such money or goods under this Act shall be seized.
| Article 65 (Duty of Confidentiality) |
No person engaged in the former or current child welfare affairs, including child welfare services, shall divulge any confidential information that he/she has learned in the course of performing his/her duties. <Amended by Act No. 14085, Mar. 22, 2016>
| Article 65-2 (Annual Reports) |
| (1) | The Minister of Health and Welfare shall prepare an annual report on the current status of the implementation of policy on the prevention of child abuse and on the protection of abused children, and submit the annual report to the competent standing committee of the National Assembly before the regular session of the National Assembly every year. |
| (2) | An annual report submitted under paragraph (1) shall include the following: |
| 1. | Actual conditions of the implementation of policy on the prevention of child abuse and the results of the evaluation thereof; |
| 2. | Current status of abused children and the protection thereof and support thereto; |
| 3. | Analysis of child abuse cases; |
| 4. | Current status of education on the prevention of child abuse and education on persons obligated to file a report; |
| 5. | Other necessary matters in relation to the prevention of child abuse. |
| (3) | The Minister of Health and Welfare may request the heads of relevant central administrative agencies and the heads of local governments to submit necessary data in order to prepare an annual report. In such cases, the heads of relevant central administrative agencies and the heads of local governments in receipt of such request, shall comply therewith, except in extenuating circumstances. |
| (4) | Other necessary matters concerning procedures, methods, etc, for preparing an annual report, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 14925, Oct. 24, 2017]
| Article 66 (Investigation, etc.) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu may, if deemed necessary, have a related public official or exclusive public official enter child welfare facilities, a domicile or residence of a child, a place where a child is employed, or a place where the acts prohibited under Article 17 are likely to be committed, and conduct a necessary investigation on the child or a related person, or ask him/her questions. |
| (2) | In cases falling under paragraph (1), the related public official or exclusive public official shall carry a certificate indicating his/her authority and produce it to the related persons. |
Where the Minister of Health and Welfare, Mayors/Do Governors, or heads of Sis/Guns/Gus intend to revoke designation under Article 29-7, to revoke entrustment under Article 56, or to issue an order to close a facility, they shall hold a hearing. <Amended by Act No. 14925, Oct. 24, 2017>
| Article 68 (Delegation of Authority) |
The Minister of Health and Welfare may delegate part of his/her authority vested under this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree; and a Mayor/Do Governor may delegate part of his/her authority to the head of a Si/Gun/Gu, as prescribed by Presidential Decree: Provided, That the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, or the Administrator of the National Fire Agency, may delegate part of his/her authority vested under Article 26, 29-4, 29-5, or 75 to a Mayor/Do Governor, the head of a Si/Gun/Gu, or the superintendent of an office of education, or the head of a district office of education, as prescribed by Presidential Decree. <Amended by Act No. 13259, Mar. 27, 2015; Act No. 14839, Jul. 26, 2017> [This Article Wholly Amended by Act No. 12361, Jan. 28, 2014]
| Article 69 (Prohibition of Use of Similar Names) |
No facility, other than a child welfare facility under this Act, shall use the name, Child Welfare Facility. <Amended by Act No. 14085, Mar. 22, 2016>
| Article 70 (Legal Fiction as Public Officials for Purposes of Penalty Provisions) |
CHAPTER VII PENALTY PROVISIONS
| Article 71 (Penalty Provisions) |
| (1) | Any person who violates Article 17 shall be punished as follows: <Amended by Act No. 11572, Dec. 18, 2012; Act No. 12361, Jan. 28, 2014; Act No. 14925, Oct. 24, 2017> |
| 1-2. | A person who commits an act falling under subparagraph 2 shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won; |
| 2. | A person who commits an act falling under any of subparagraphs 3 through 8, shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won; |
| 3. | A person who commits an act falling under subparagraph 10 or 11 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won; |
| 4. | A person who commits an act falling under subparagraph 9 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. |
| (2) | Any 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. 12361, Jan. 28, 2014; Act No. 14085, Mar. 22, 2016; Act No. 14925, Oct. 24, 2017> |
| 1. | A person who fails to take measures to protect the rights and interests of children subject to protection, such as the transfer of such children to another child welfare facility, pursuant to Article 51 (2) without any justifiable grounds; |
| 2. | Deleted; <by Act No. 12361, Jan. 28, 2014> |
| 2-2. | A person who uses information related to abused children for purposes other than the purpose requested, or provide or divulge such information to others, in violation of Article 28-2 (5); |
| 2-3. | A person who divulges confidential information or makes unlawful profits, in violation of Article 46-2 (5); |
| 3. | A person who installs a child welfare facility without filing a report under Article 50 (2); |
| 4. | A person who becomes qualified as a child welfare facility personnel prescribed in Article 54 (1) by preparing a false document; |
| 5. | A person who continues to operate a facility or to provide services after receiving an order to suspend business, revoke entrustment, or close the facility under Article 56; |
| 6. | A person who divulges confidential information, in violation of Article 65; |
| 7. | A person who refuses, obstructs, or evades the investigation prescribed in Article 66 (1), or refuses to answer or evade answers to questions or give false answers, or causes a child to refuse to answer or to evade answers to questions or to give false answers or obstructs such child’s answers to questions. |
| Article 72 (Habitual Offenders) |
Any person who habitually commits any crime stipulated in the subparagraphs of Article 71 (1) shall be subject to aggravated punishment up to 1/2 of the amount of punishment for such crime.
| Article 73 (Persons who have Attempted Crimes) |
Any person who has attempted a crime falling under Article 71 (1) 1 shall be punished.
| Article 74 (Joint Penalty Provisions) |
If the representative of a juristic person, or an agent, employee or any other person working for a juristic person or an individual has committed any act which violates Articles 71 with respect to duties of the said juristic person or individual, not only shall such violator be punished accordingly, but the juristic person or individual shall be punished by a fine prescribed in the relevant Articles: Provided, That the same shall not apply where the juristic person or the individual has paid careful attention to and has not negligently supervised the relevant business in order to prevent the violation.
| Article 75 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding ten million won: <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| 1. | The head of a protection facility for abused children, who refuses to take custody of an abused child, in violation of Article 27-3; |
| 2. | The head of a child-related institution who refuses the demand for dismissal prescribed in Article 29-5 (1), or fails to meet such demand within one month, without justifiable grounds. |
| (2) | If the head of a child-related institution fails to ascertain a child abuse-related crime record, in violation of Article 29-3 (3), he/she shall be subject to an administrative fine not exceeding five million won. <Newly Inserted by Act No. 12361, Jan. 28, 2014> |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 11520, Oct. 22, 2012; Act No. 12361, Jan. 28, 2014; Act No. 13259, Mar. 27, 2015; Act No. 14085, Mar. 22, 2016> |
| 1. | Deleted; <by Act No. 12361, Jan. 28, 2014> |
| 1-2. | A person who fails to provide education on the duty to report, in violation of Article 26 (3); |
| 2. | A person who fails to provide education, in violation of Article 31; |
| 3. | A person who fails to report on suspension, closure, or resumption of the operation, of a child welfare facility, in violation of Article 51; |
| 4. | A person who uses a name that refers to a child welfare facility, in violation of Article 69. |
| (4) | Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Minister of Education, the Minister of Culture, Sports and Tourism, the Minister of Health and Welfare, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, the superintendent of the office of education of a Special Metropolitan City, Metropolitan City, Special Self-Governing Province or Do, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 11520, Oct. 22, 2012; Act No. 12361, Jan. 28, 2014> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (General Transitional Measures concerning Administrative Dispositions, etc.)
Any administrative disposition, act done by or against an administrative agency under the former Child Welfare At as at the time this Act enters into force shall be deemed an act done by or against an administrative agency corresponding thereto under this Act.
Article 3 (Transitional Measures concerning Specialized Child Protection Agencies)
The National Child Protection Agency and regional specialized child protection agencies established under former Article 24 of the Child Welfare Act as at the time this Act enters into force shall be deemed the National Child Protection Agency and regional specialized child protection agencies established under the amended Article 45. Article 4 (Transitional Measures concerning Child Welfare Facilities and Employees, etc. Thereof)
| (1) | Employees of vocational training facilities for children (including the heads of such agencies) under the former Child Welfare Act as at the time this Act enters into force shall be deemed employees of child rearing facilities (including the head of such agencies) under the amended provisions of Article 52 (1) 1. |
| (2) | Children committed in vocational training facilities for children under the former Child Welfare Act as at the time this Act enters into force shall be deemed children committed in the child rearing facilities under the amended provisions of Article 52 (1) 1. |
Article 5 (Transitional Measures concerning Penalty Provisions)
Application of the penalty provisions to any act committed before this Act enters into force shall be governed by the former Child Welfare Act. Article 6 Omitted.
Article 7 (Relationship with Other Statutes)
Where the former Chid Welfare Act or the provisions thereof are cited by any other statute, as at the time this Act enters into force, if this Act includes corresponding provisions, the corresponding provisions of this Act shall be deemed cited in lieu of such former provisions.
ADDENDA <Act No. 11520, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures concerning Installation of Image Data Processing Equipment in Child Protection Zones)
The State and local governments shall install image data processing equipment in child protection zones which have no image data processing equipment installed as at the time this Act enters into force pursuant to Article 32 (3) by no later than June 30, 2017.
ADDENDA <Act No. 11572, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Decree shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12361, Jan. 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after the date of its promulgation.
Article 2 (Applicability concerning Restrictions on Working for Social Welfare Facilities among Child-Related Institutions)
The amended provisions of Articles 29-3 through 29-5 shall not apply to any person who is finally and conclusively sentenced to a punishment or medical treatment and custody for the commission of an act falling under Article 71 (1) of this Act before this Act enters into force, if the amended provisions are related to any social welfare facility under Article 2 of the Social Welfare Services Act among the child-related institutions under the amended provisions of Article 29-3. Article 3 Omitted.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13259, Mar. 27, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13653, Dec. 29, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14085, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the following provisions shall enter into force as follows:
| 1. | The amended provisions of Articles 4, 15, 15-3, 16 (2), (3) and (4), 16-2, and 60, shall enter into force on the date two years have elapsed after the promulgation of this Act; |
| 2. | The amended provisions of Articles 11-2 and 15-2 shall enter into force on the date three years have elapsed after the promulgation of this Act. |
Article 2 (Applicability to Restrictions on Employment in Institutions related to Children)
The provisions of Articles 29-3 through 29-5 shall apply to child abuse-related crimes committed on and after September 29, 2014: Provided, That the amended provision of Article 29-3 (1) 21 shall apply to child abuse-related crimes committed after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That among Acts amended pursuant to Article 5 of Addenda, the amended provisions of Acts which were promulgated before this Act enters into force, but the enforcement dates of which have not arrived, shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14887, Sep. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability concerning Restrictions on Employment in Child-related Institutions)
The amended provisions of Article 29-3 shall begin to apply from the first person whose sentence is final and conclusive, as a person who committed a child abuse-related crime, after this Act enters into force.
ADDENDUM <Act No. 14925, Oct. 24, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 26-2 and 65-2 shall enter into force on January 1, 2019.