ACT ON THE SUPPORT FOR OUT-OF-SCHOOL YOUTH
Act No. 12700, May 28, 2015
Amended by Act No. 14706, Mar. 21, 2017
Act No. 15354, Jan. 16, 2018
Act No. 17974, Mar. 23, 2021
The definitions of terms used in this Act are as follows:
| 2. | The term “out-of-school youth” means any of the following youth: |
| 3. | The term “support program for out-of-school youth” means a program, such as support for counseling, education, vocational experience, employment support, and self-reliance, based upon individual characteristics and demand of out-of-school youth. |
| Article 3 (Obligations of the State and Local Governments) |
| (1) | The State and local governments shall take necessary measures, such as investigation, research, education, and campaigns, in order to protect out-of-school youth against social discrimination and prejudice, to respect and understand out-of-school youth. |
| (2) | The State and local governments shall formulate and implement policies necessary for establishing support programs for out-of-school youth. |
| (3) | The State and local governments shall establish administrative and financial measures necessary for supporting out-of-school youth in order to fulfill their obligations provided for in paragraphs (1) and (2). |
| Article 3 (Obligations of the State and Local Governments) |
| (1) | The State and local governments shall take necessary measures, such as investigation, research, education, and campaigns, in order to protect out-of-school youth against social discrimination and prejudice, to respect and understand out-of-school youth. |
| (2) | The State and local governments shall identify out-of-school youth early on and formulate and implement legal and institutional policies necessary for supporting them. <Amended on Mar. 23, 2021> |
| (3) | The State and local governments shall endeavor to realize educational welfare for out-of-school youth. <Newly Inserted on Mar. 23, 2021> |
| (4) | The State and local governments shall formulate administrative and financial measures necessary for supporting out-of-school youth in order to meet their responsibilities under paragraphs (1) through (3). <Amended on Mar. 23, 2021> |
[Enforcement Date: Sep. 24, 2021] Article 3
| Article 4 (Relationship to Other Statutes) |
This Act shall apply to support for out-of-school youth, except as otherwise expressly provided in other statutes.
| Article 5 (Plans to Support Out-of-School Youth) |
| 1. | Protection of out-of-school youth against social discrimination and prejudice and raising social awareness of out-of-school youth; |
| 2. | Development of, and assistance to, support programs for out-of-school youth; |
| 3. | Establishment and operation of cooperation systems among relevant agencies and community-based support systems to support out-of-school youth; |
| 4. | Investigations, research, education, and campaigns for support of out-of-school youth and improvement of institutional systems; |
| 6. | Procurement and allocation of funds for support of out-of-school youth; |
| 7. | Other matters necessary for supporting out-of-school youth. |
| (2) | The formulation and implementation of plans to support out-of-school youth, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 6 (Fact-Finding Surveys) |
| (1) | The Minister of Gender Equality and Family shall conduct a fact-finding survey on out-of-school youth every two years in order to ascertain the status and conditions of out-of-school youth and to use the outcomes thereof as basic data for formulating policies to support out-of-school youth, and shall publish the outcomes thereof. <Amended on Mar. 23, 2021> |
| (2) | The Minister of Gender Equality and Family shall conduct a survey on the status of dropout students in consultation with the Minister of Education while conducting a fact-finding survey under paragraph (1). |
| (3) | The Minister of Gender Equality and Family may request the head of a relevant central administrative agency, the head of a relevant local government, the head of a relevant public institution referred to in the Act on the Management of Public Institutions, and other relevant corporations and organizations, to submit necessary materials or state opinions, if necessary for conducting a fact-finding survey under paragraph (1). In such cases, a person in receipt of such request shall render cooperation, except in extenuating circumstances. |
| (4) | Details of fact-finding surveys referred to in paragraph (1), methods for conducting such surveys, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 7 (Support Committee for Out-of-School Youth) |
| (1) | A Support Committee for Out-of-School Youth (hereinafter referred to as “Support Committee”) shall be established under the jurisdiction of the Minister of Gender Equality and Family, to deliberate on the following matters concerning support for out-of-school youth: |
| 1. | Objectives of, and basic direction-setting for, polices to support out-of-school youth; |
| 2. | Improvement of statutes or regulations and institutional systems to support out-of-school youth; |
| 3. | Formulation of plans to support out-of-school youth; |
| 4. | Establishment of cooperation systems among the relevant agencies and community-based support systems; |
| 5. | Other matters requiring consultation on support for out-of-school youth. |
| (2) | The Support Committee shall be comprised of not more than fifteen members, including one chairperson and one vice-chairperson; and its members shall be ex officio members and commissioned members. |
| (3) | The organization, composition, and operation of the Support Committee, and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 8 (Support for Counseling) |
| (1) | The State and local governments may provide counseling, such as psychiatric counseling, vocational guidance counseling, and family counseling, in order to provide effective and appropriate support for out-of-school youth. |
| (2) | Details of counseling referred to in paragraph (1), methods for providing such counseling, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 9 (Educational Support) |
| (1) | To help out-of-school youth return to school and become self-reliant, the State and local governments may provide support in relation to the followings: |
| 4. | Other matters necessary for providing educational support for out-of-school youth. |
| (2) | Methods and procedures for the provision of educational support under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 10 (Vocational Experience and Support for Employment) |
| (1) | The State and local governments may provide the following support for out-of-school youth to allow them to gain vocational experience and to receive training tailored to their aptitudes and abilities: |
| 1. | Vocational aptitude tests and vocational guidance counseling programs; |
| 2. | Vocational experience and training programs; |
| 3. | Introduction and management of careers; |
| 4. | Other matters necessary for out-of-school youth to gain vocational experience and to receive training. |
| (2) | The State and local governments may conduct vocational education and training for out-of-school youth in order to enable them to acquire and improve knowledge, skills and attitudes necessary for finding employment and performing their duties. |
| (3) | Details of support referred to in paragraph (1) and vocational education and training referred to in paragraph (2), methods for provision thereof, and other necessary matters, shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 11 (Support for Self-Reliance) |
| (1) | The State and local governments may provide livelihood support, support for cultural facilities, medical support (including support for medical costs for diagnostic tests after undergoing health examinations pursuant to Article 6 (1) of the Youth Welfare Support Act), and emotional support, etc. necessary for out-of-school youth to be self-reliant, as prescribed by Presidential Decree. <Amended on Jan. 16, 2018> |
| (2) | The State and local governments may provide educational support, such as education about the economy, legal service, and culture, for out-of-school youth to help them become self-reliant. |
| (3) | The State and local governments may give priority to providing special support for youth in crises under Article 14 of the Youth Welfare Support Act for out-of-school youth requiring support provided for in paragraph (1). |
| Article 12 (Support Centers for Out-of-School Youth) |
| (1) | The State and local governments may establish a support center for out-of-school youth (hereinafter referred to as “support center”) or designate any of the followings as a support center, if necessary for supporting out-of-school youth: |
| 3. | Institutions or organizations having specialists and facilities necessary for supporting out-of-school youth. |
| (2) | Support centers shall perform the following business affairs: |
| 1. | Supporting out-of-school youth as provided for in Articles 8 through 11; |
| 2. | Discovering community resources for supporting out-of-school youth, and correlating such resources or cooperation therewith; |
| 3. | Developing and disseminating programs for supporting out-of-school youth; |
| 4. | Providing information and engaging in marketing activities about programs for supporting out-of-school youth; |
| 5. | Discovering and disseminating exemplary programs for supporting out-of-school youth; |
| 6. | Improving social awareness of out-of-school youth; |
| 7. | Other projects necessary for supporting out-of-school youth. |
| (3) | Support centers shall hire specialists with knowledge about, and experience in, relevant fields to perform the business affairs for supporting out-of-school youth. |
| (4) | The State and the head of a local government may subsidize expenses incurred by support centers in performing the business affairs provided for in the subparagraphs of paragraph (2). |
| (5) | Standards for the establishment or designation of support centers under paragraph (1), the period of validity of designation, procedures for designation, criteria for specialists referred to in paragraph (3), and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 12-2 (Evaluation of Support Centers) |
| (1) | The Minister of Gender Equality and Family may evaluate the results of operating support centers every three years and may incorporate the results of said evaluation into supervision, assistance, etc. |
| (2) | Matters necessary for the standards, methods, etc. for evaluation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on Mar. 23, 2021]
[Enforcement Date: Sep. 24, 2021] Article 12-2
| Article 13 (Revocation of Designation of Support Centers) |
| (1) | The State and the head of a local government may require a support center to fully or partially suspend its business affairs for a period not exceeding six months, or revoke designation in any of the following circumstances: Provided, That he or she shall revoke designation in circumstances referred to in subparagraph 1: |
| 1. | Where the support center has obtained designation by fraud or other improper means; |
| 2. | Where the support center performs business affairs in violation of any term or condition of designation; |
| 3. | Where the support center ceases to comply with any of the standards for designation under Article 12 (5). |
| (2) | The State or the head of a local government shall hold a hearing to revoke the designation of a support center pursuant to paragraph (1). |
| (3) | Criteria and procedures for the revocation of designation and for the suspension of business affairs under paragraph (1), and other necessary matters, shall be prescribed by Presidential Decree. |
| Article 14 (Connection with Community-Based Integrated Youth Support Systems) |
Support centers shall connect and cooperate with organizations comprising of community-based integrated youth support systems established under Article 9 of the Youth Welfare Support Act in performing business affairs supporting out-of-school youth.
| Article 15 (Connection to Support Centers) |
| (1) | The principals at all school levels as defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act (hereafter in this Article, referred to as “principal of a school”) shall inform a student who becomes an out-of-school youth of the support programs for out-of-school youth and refer him to the relevant support center. |
| (2) | Where the head of an institution or organization comprising of the community-based integrated youth support system established under Article 9 of the Youth Welfare Support Act (hereafter in this Article, referred to as “head of an organization”) finds an out-of-school youth requiring support, he or she shall inform that youth of the support programs for out-of-school youth and refer him or her to the relevant support center without delay. |
| (3) | Where the principal of a school or the head of an organization refers an out-of-school youth to the relevant support center pursuant to paragraphs (1) and (2), he or she may collect the personal information in the following subparagraphs (hereinafter referred to as “personal information”) after notifying that youth of the purposes of collection and use, items of collection, period of retention and use, and methods of destruction of the personal information (hereinafter referred to as “matters subject to notification in personal information collection and use agreement”) and obtaining his or her consent and provide the personal information to the support center: Provided, That where consent of the out-of-school youth cannot be confirmed, the principal of a school or the head of an organization may provide the personal information of the youth to the support center after notifying the legal representative thereof of matters subject to notification in personal information collection and use agreement and obtaining his or her consent: <Amended on Mar. 21, 2017> |
| 1. | The name of the out-of-school youth; |
| 2. | The date of birth of the out-of-school youth; |
| 3. | The address of the out-of-school youth; |
| 4. | The contact information of the out-of-school youth (telephone number, e-mail address, etc.). |
| (4) | Informing out-out-school youth of support programs therefor and referral to support centers under paragraphs (1) and (2), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
| Article 15 (Connection to Support Centers) |
| (1) | The principals at all school levels as defined in the subparagraphs of Article 2 of the Elementary and Secondary Education Act (hereafter in this Article, referred to as “principal of a school”) shall inform a student who becomes an out-of-school youth of the support programs for out-of-school youth and refer him to the relevant support center. |
| (2) | Where the head of an institution or organization comprising of the community-based integrated youth support system established under Article 9 of the Youth Welfare Support Act (hereafter in this Article, referred to as “head of an organization”) finds an out-of-school youth requiring support, he or she shall inform that youth of the support programs for out-of-school youth and refer him or her to the relevant support center without delay. |
| (3) | Where the principal of a school or the head of an organization refers an out-of-school youth to the relevant support center pursuant to paragraphs (1) and (2), he or she may collect the personal information in the following subparagraphs (hereinafter referred to as “personal information”) after notifying that youth (in cases falling under subparagraph 6, his or her legal representative) of the purposes of collection and use, items of collection, period of retention and use, and methods of destruction of the personal information (hereinafter referred to as “matters of notification in personal information collection and usage agreement”) and obtaining his or her consent and provide the personal information to the support center: Provided, That where consent of the out-of-school youth cannot be confirmed, the principal of a school or the head of an organization may provide the personal information of the youth to the support center after notifying the legal representative thereof of matters subject to notification in personal information collection and use agreement and obtaining his or her consent: <Amended on Mar. 21, 2017; Mar. 23, 2021> |
| 1. | The name of the out-of-school youth; |
| 2. | The date of birth of the out-of-school youth; |
| 3. | The sex of the out-of-school youth; |
| 4. | The address of the out-of-school youth; |
| 5. | The contact information of the out-of-school youth (telephone number, e-mail address, etc.); |
| 6. | The contact information of the legal representative of the out-of-school youth (telephone number, e-mail address, etc.). |
| (4) | Notwithstanding paragraph (3), if a relevant youth is subject to compulsory education under Article 8 (1) of the Framework Act on Education, the head of a school or the head of an organization may collect personal information and provide it to a support center without consent of the relevant youth or his or her legal representative: Provided, That cases where a person becomes an out-of-school youth due to a disease or departure abroad shall be excluded herefrom. <Newly Inserted on Mar. 23, 2021> |
| (5) | Within six months from the date of receipt of personal information under paragraph (4), the head of a support center shall notify the relevant youth or his or her legal representative of matters subject to notification in personal information collection and use agreement and his or her authority to request suspension of processing of personal information under Article 37 (1) of the Personal Information Protection Act, and shall obtain consent from the youth or legal representative of the youth. In such cases, if the youth himself or herself or his or her legal representative requests the suspension of processing of personal information or if the head of the support center fails to obtain consent within six months of being provided with the personal information, said personal information shall be destroyed immediately. <Newly Inserted on Mar. 23, 2021> |
| (6) | Matters necessary for informing out-out-school youth of support programs therefor and referral to support centers under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Mar. 23, 2021> |
[Enforcement Date: Sep. 24, 2021] Article 15
| Article 16 (Duty to Maintain Confidentiality) |
No person who performs, or once performed any of the business affairs supporting out-of-school youth, shall disclose any confidential information he or she has become aware of in the course of performing his or her duties, to any third party or misappropriate such information.
| Article 17 (Cooperation among Relevant Agencies) |
If deemed necessary for achieving the objectives of this Act, the Minister of Gender Equality and Family may request the heads of relevant central administrative agencies or the heads of the relevant local governments, to formulate necessary policies or take necessary measures concerning matters prescribed by Presidential Decree. In such cases, the heads of the relevant central administrative agencies or the heads of the relevant local governments shall render cooperation, except in extenuating circumstances.
| Article 18 (Delegation and Entrustment of Authority) |
| (1) | Part of the authority of the Minister of Gender Equality and Family bestowed under this Act may be delegated to the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Special Self-Governing Province Governor, or the heads of Sis/Guns/Gus (referring to the head of an autonomous Gu), as prescribed by Presidential Decree. |
| (2) | The Minister of Gender Equality and Family may partially entrust his or her affairs provided for in this Act to a corporation or organization, as prescribed by Presidential Decree. |
| Article 19 (Prohibition against Use of Similar Names) |
No entity, other than the support centers established under this Act, shall use the name “support center for out-of-school youth” or any similar name.
| Article 20 (Penalty Provisions) |
Any person who discloses confidential information he or she has become aware of in the course of performing his or her duties or misappropriates such information in violation of Article 16
shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding thirty million won.
| Article 21 (Administrative Fines) |
| (1) | Any person who uses a name that includes “Support Center” or similar, in violation of Article 19, shall be punished by an administrative fine not exceeding three million won. |
| (2) | Administrative fines referred to in paragraph (1) shall be imposed and collected by the Minister of Gender Equality and Family or the heads of local governments, as prescribed by Presidential Decree. |
ADDENDA <Act No. 12700, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Act No. 14706, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15354, Jan. 16, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 17974, Mar. 23, 2021>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 6 (1) shall enter into force on the date of its promulgation.