The purpose of this Decree is to prescribe matters mandated by the Child Welfare Act and matters necessary for the enforcement thereof.
| Article 2 (Formulation of Master Plans for Child Policies) |
| (2) | The head of the relevant central administrative agency shall prepare a draft master plan for each jurisdiction in accordance with the guidelines for preparing draft mater plans under paragraph (1) and submit such plan to the Minister of Health and Welfare; and upon receiving these plans, the Minister of Health and Welfare shall formulate a comprehensive master plan which includes the draft master plan for each jurisdiction and the draft master plan under the jurisdiction of the Ministry of Health and Welfare. |
| (3) | Where the head of a relevant central administrative agency deems it necessary to modify matters under his or her jurisdiction among the master plans finalized pursuant to Article 7 (4) of the Act, he or she shall prepare a draft modification of the master plan and submit it to the Minister of Health and Welfare. |
| (4) | Where the Minister of Health and Welfare intends to modify a master plan finalized pursuant to Article 7 (4) of the Act, he or she shall undergo deliberation by the Child Policy Coordination Committee under Article 10 of the Act (hereinafter referred to as the "Committee"). |
| (5) | The Minister of Health and Welfare shall notify the heads of the relevant central administrative agencies, and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayors/Do Governors"), of the modified master plan under paragraph (4). <Amended on Sep. 29, 2020> |
| Article 3 (Formulation of Annual Plans for Implementation of Child Policies) |
| (1) | For the efficient formulation and implementation of annual plans for the implementation of child policies under Article 8 (1) of the Act (hereinafter referred to as "implementation plan"), the Minister of Health and Welfare shall prepare, in advance, guidelines for formulating implementation plans and notify the head of the relevant central administrative agency and the Mayor/Do Governor of such guidelines. |
| (2) | The heads of relevant central administrative agencies and Mayors/Do Governors shall formulate implementation plans in accordance with the guidelines for formulating implementation plans under paragraph (1) and submit these plans to the Minister of Health and Welfare by no later than March 31 each year. In such cases, the Minister of Health and Welfare may request the Mayors/Do Governors to revise or supplement the matters submitted in consultation with the heads of relevant central administrative agencies. <Amended on Mar. 6, 2018; Nov. 16, 2023> |
| (3) | The Minister of Health and Welfare shall compile the implementation plans submitted pursuant to paragraph (2), along with the implementation plans under the jurisdiction of the Ministry of Health and Welfare, and shall report them to the Committee. |
| (4) | Where the heads of relevant central administrative agencies and Mayors/Do Governors modify the details of an implementation plan formulated under paragraph (2), they shall, without delay, submit the modified implementation plan to the Minister of Health and Welfare. In such cases, the Minister of Health and Welfare may request the Mayors/Do Governors to revise or supplement the matters submitted in consultation with the heads of relevant central administrative agencies. <Amended on Nov. 16, 2023> |
| Article 4 (Evaluation of Implementation Results) |
| (1) | The head of a relevant central administrative agency and a Mayor/Do Governor shall prepare the results of the implementation of an implementation plan for the previous year pursuant to Article 8 (2) of the Act and submit them to the Minister of Health and Welfare by March 31 each year. |
| (2) | The Minister of Health and Welfare shall consolidate and evaluate the results of implementation received pursuant to paragraph (1) and the results of implementation according to the implementation plan under the jurisdiction of the Ministry of Health and Welfare for the preceding year, and shall report the results thereof to the Committee. |
| (3) | The Minister of Health and Welfare shall notify the heads of relevant central administrative agencies and Mayors/Do Governors of the results of evaluation under paragraph (2). |
| (4) | The head of the relevant central administrative agency shall incorporate the evaluation results notified pursuant to paragraph (3) into the implementation plan for the following year. |
| Article 5 (Term of Office of Committee Members) |
The term of office of commissioned members under Article 10 (3) 2 of the Act among the members of the Committee shall be two years.
| Article 5-2 (Dismissal of Committee Members) |
Where a commissioned member under Article 10 (3) 2 of the Act falls under any of the following cases, the Chairperson may dismiss the relevant commissioned member: | 1. | Where the member is unable to perform duties due to physical or mental disorder; |
| 2. | Where the member commits any misconduct in relation to the duties; |
| 3. | Where the member is deemed inappropriate as a member due to negligence, injury to dignity or other grounds; |
| 4. | Where the committee member voluntarily expresses his or her intention that performing further duties is impractical. |
[This Article Newly Inserted on Dec. 31, 2015]
| (1) | The Chairperson of the Committee shall represent the Committee and exercise overall control of the business affairs of the Committee. |
| (2) | Where the Chairperson of the Committee is unable to perform his or her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on his or her behalf. |
| (1) | The Chairperson of the Committee shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| Article 8 (Executive Secretary) |
| (1) | The Committee shall have one executive secretary to handle the administrative affairs of the Committee. |
| (2) | The executive secretary of the Committee shall be appointed by the Chairperson of the Committee from among public officials of the Ministry of Health and Welfare. |
Allowances and travel expenses may be paid to members present at meetings of the Committee within the budget: Provided, That this shall not apply where a member who is a public official is present in direct connection with his or her duties.
| Article 10 (Confirmation of Implementation of Child-Related International Treaties) |
The relevant specialized institutions or organizations entrusted by the Committee with business affairs related to the confirmation of the implementation of child-related international treaties shall inspect the implementation status and actual conditions of child-related international treaties and report the results of the inspection to the Committee.
| Article 11 (Child Policy Working Committee) |
| (1) | A Child Policy Working Committee (hereinafter referred to as the "Working Committee") shall be established in the Committee to examine agenda items to be deliberated upon in advance and to mediate differing opinions of relevant Ministries and agencies. |
| (2) | The Working Committee shall consist of not more than 25 members, including one chairperson. |
| (3) | The Vice Minister of Health and Welfare shall serve as the chairperson of the Working Committee, and the following persons shall serve as members of the Working Committee: <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| 1. | Persons each appointed by the head of the relevant agency from among members of the Senior Executive Service of the Office for Government Policy Coordination, the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of the Interior and Safety, the Ministry of Culture, Sports and Tourism, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, the Ministry of Food and Drug Safety, the Korean National Police Agency, and the National Fire Agency; |
| 2. | Persons commissioned by the chairperson from among those who have extensive knowledge of and experience in child-related matters. |
| (4) | Where necessary for the operation of the Working Committee, specialized committees may be established for each field, such as a specialized committee on child's rights, a specialized committee on child safety, and a specialized committee on child's self-reliance, and the Working Committee may have not more than five professional researchers to investigate and research matters regarding child policies and other relevant matters. <Amended on Sep. 22, 2016> |
| (5) | Articles 5, 5-2, and 6 through 9 shall apply mutatis mutandis to the Working Committee. In such cases, "Committee" shall be construed as "Working Committee". <Amended on Dec. 31, 2015> |
| Article 12 (Detailed Operational Rules) |
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Chairperson of the Committee through resolution by the Committee, and matters necessary for the operation of the Working Committee shall be determined by the chairperson of the Working Committee through resolution by the Working Committee.
| Article 12-2 (Operation of the National Center for the Rights of the Child) |
| (1) | The articles of incorporation of the National Center for the Rights of the Child under Article 10-2 (1) of the Act (hereinafter referred to as the "National Center") shall include the following: |
| 3. | Location of its principal office; |
| 4. | Appointment and dismissal of executive officers and employees; |
| 5. | Executive officers' term of office; |
| 6. | Scope, details, and implementation of business; |
| 8. | Amendment of the articles of incorporation. |
| (2) | The executive officers of the National Center shall consist of not more than 15 directors, including the president, and one auditor. |
[This Article Newly Inserted on Jul. 16, 2019]
[Previous Article 12-2 moved to Article 12-3 <Jul. 16, 2019>]
| Article 12-3 (Procedures and Methods of Child Policy Impact Assessment) |
| (1) | Where the heads of central administrative agencies and the heads of local governments intend to formulate child-related policies, they shall conduct a child policy impact assessment under Article 11-2 (1) of the Act (hereinafter referred to as "impact assessment"). |
| (2) | The head of a central administrative agency (excluding the Minister of Health and Welfare; hereafter in this Article the same shall apply) or the head of a local government may request the Minister of Health and Welfare to conduct an impact assessment under paragraph (1). In such cases, a written request containing, among other things, the outline of the policy, expected effects, and necessity of impact assessment shall be submitted to the Minister of Health and Welfare. |
| (3) | Where a child-related policy falls under any of the following cases, the Minister of Health and Welfare may conduct an impact assessment; in such cases, the Minister of Health and Welfare shall consult with the head of the relevant central administrative agency or the head of the relevant local government on the criteria, methods, procedures, etc. for the impact assessment before proceeding with the impact assessment: |
| 1. | Where the head of the central administrative agency or the head of the local government requests an impact assessment of child-related policies under his or her jurisdiction pursuant to paragraph (2); |
| 2. | Where the Minister of Health and Welfare deems it necessary to conduct an impact assessment. |
| (4) | The Minister of Health and Welfare shall report the results of the impact assessment conducted under paragraph (3) to the Committee and notify the heads of the relevant central administrative agencies or the heads of local governments thereof. |
| (5) | The Minister of Health and Welfare may provide public officials of central administrative agencies or local governments with education necessary for conducting an impact assessment, such as the basic principles of, policies subject to, and the methods and procedures of, impact assessment. |
| (6) | Where the Minister of Health and Welfare, the head of a central administrative agency, or the head of a local government entrusts an impact assessment to the National Center, he or she shall pay expenses incurred by the National Center in conducting the impact assessment. <Amended on Jun. 29, 2021> |
| (7) | Except as provided in paragraphs (1) through (3), matters necessary for the impact assessment procedures and methods shall be determined and publicly notified by the Minister of Health and Welfare. |
[This Article Newly Inserted on Mar. 19, 2019]
[Moved from Article 12-2 <Jul. 16, 2019>]
| Article 13 (Composition and Operation of Child Welfare Deliberation Committee) |
| (1) | The Child Welfare Deliberation Committee under the former part, with the exception of the subparagraphs, of Article 12 (1) of the Act (hereinafter referred to as the "Deliberation Committee") shall consist of not more than 15 members, including one chairperson and one vice chairperson, in consideration of gender. <Amended on Mar. 6, 2018; Sep. 29, 2020; Jun. 29, 2021> |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall serve as the chairperson of the Deliberation Committee, and the vice chairperson shall be elected from among and by its members. <Amended on Mar. 6, 2018> |
| (3) | The vice chairperson of the Deliberation Committee shall assist the chairperson and act on his or her behalf, where the chairperson is unable to perform his or her duties due to any unavoidable reason. <Newly Inserted on Mar. 6, 2018> |
| (4) | Members of the Deliberation Committee shall be nominated by a Mayor/Do Governor or the head of a Si/Gun/Gu from among public officials (including public officials of Grade IV or higher in a City/Do and public officials of Grade V or higher in a Si/Gun/Gu) of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, Do, or Special Self-Governing Province (hereinafter referred to as "City/Do") and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply); or commissioned by a Mayor/Do Governor or the head of a Si/Gun/Gu, from any of the following persons; in such cases, at least one member each falling under subparagraphs 1 through 6 shall be included: <Amended Jun. 11, 2014, Mar. 6, 2018, Sep. 29, 2020, Jun. 29, 2021> |
| 1. | Any of the following persons: |
| (b) | A person who has been or had been in charge of child-related affairs for at least three years as a public official of a City/Do Office of Education (in cases of a Si/Gun/Gu, referring to an office of education) or a regional employment and labor office; |
| 4. | A person who has been or had been specializing in child-related affairs at a child welfare facility or child welfare-related organization for at least three years; |
| 6. | A person who has majored in the fields of child welfare, social welfare, or psychology, and has abundant knowledge of and experience in the field of children; |
| 7. | Any other person deemed to have expertise in the field of children by a Mayor/Do Governor or the head of a Si/Gun/Gu. |
| (5) | The term of office of commissioned members from among the members of the Deliberation Committee shall be two years. <Amended on Mar. 6, 2018> |
| (6) | A quorum for meetings of the Deliberation Committee shall be at least a majority of the members, and any resolution thereof shall require the concurring vote of a majority of those present. <Amended on Mar. 6, 2018> |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the composition, operation, etc. of the Deliberation Committee shall be prescribed by ordinance of a City/Do or Si/Gun/Gu. <Amended on Mar. 6, 2018; Sep. 29, 2020> |
| Article 13-2 (Case Determination Committee) |
| (1) | The case determination committee under the latter part, with the exception of the subparagraphs, of Article 12 (1) of the Act (hereinafter referred to as the "case determination committee") shall consist of up to seven members, including one chairperson, in consideration of gender. |
| (2) | The chairperson of the case determination committee shall be appointed by the chairperson of the relevant Deliberation Committee from among members of the Deliberation Committee classified as follows: |
| 1. | A City/Do case determination committee: A public official of Grade IV or higher under the jurisdiction of the relevant City/Do; |
| 2. | A Si/Gun/Gu case determination committee: A public official of Grade V or higher under the jurisdiction of the relevant City/Do. |
| (3) | Members of a case determination committee shall be appointed by the chairperson of the Deliberation Committee from among the members of the Deliberation Committee falling under Article 13 (4) 2 through 6. |
| (4) | A majority of the members of a case determination committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of those present. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for the composition and operation of a case determination committee shall be determined by the chairperson of the Deliberation Committee following resolution thereby. |
[This Article Wholly Amended on Jun. 29, 2021]
| Article 13-3 (Reporting on Current Status of Composition and Operation of Deliberation Committee) |
| (1) | Pursuant to Article 12 (3) of the Act, a Mayor/Do Governor and the head of a Si/Gun/Gu shall annually submit a report on matters regarding the current status of the composition and operation of the Deliberation Committee (including a case determination committee; hereafter in this Article the same shall apply) for the previous year to the Minister of Health and Welfare by January 31. <Amended on Sep. 29, 2020; Jun. 29, 2021> |
| (2) | The report under paragraph (1) shall include the following: |
| 1. | Affiliation, position, gender, and term of office of members of the Deliberation Committee; |
| 2. | Date, time, venue, and place of the Deliberation Committee meeting, members present, agenda items for deliberation, and results of deliberation; |
| 3. | Other matters deemed necessary and thus determined by the Minister of Health and Welfare for the protection and support of children. |
[This Article Newly Inserted on Dec. 19, 2017]
[Moved from Article 13-2; previous Article 13-3 moved to Article 13-2 <Sep. 29, 2020>]
| Article 13-4 (Procedures for Making Decisions to Take Protective Measures) |
Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to take protective measures under Article 15 (1) 3 through 6 of the Act for a child subject to protection, he or she shall undergo deliberation by a case determination committee. [This Article Newly Inserted on Jun. 29, 2021]
| Article 14 (Application for Foster Care) |
| (1) | The types of foster care under Article 15 (1) 3 of the Act and the former part, with the exception of the subparagraphs, of paragraph (6) of that Article shall be as follows: <Newly Inserted on Jun. 29, 2021> |
| 1. | Professional foster care: Foster care, the purpose of which is to protect and rear a child subject to protection who needs special protection, such as a child victim or a child under the age of two or younger; |
| 2. | General foster care: Foster care, the purpose of which is to protect and rear a child subject to protection who does not fall under subparagraph 1; |
| 3. | Temporary foster care: Foster care, the purpose of which is to protect and rear a child subject to protection through temporary fostering. |
| (2) | A person desiring to provide foster care under paragraph (1) 1 or 2 shall submit an application for the protection and rearing of a child subject to protection to the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the place of residence of the child subject to protection, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 29, 2021> |
| (3) | Upon receiving an application under paragraph (2), the Mayor/Do Governor or the head of a Si/Gun/Gu shall decide to provide foster care, as prescribed by Ordinance of the Ministry of Health and Welfare, and shall issue notice (including electronic notice) of such fact, without delay, to the applicant, the head of a child welfare facility (limited to where the facility is protecting the relevant child subject to protection), and the head of a foster care center under Article 48 of the Act (hereinafter referred to as "foster care center"). <Amended on Jun. 29, 2021> |
| (4) | Except as provided in paragraphs (2) and (3), matters necessary for, among other things, applying for foster care shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Jun. 29, 2021> |
[Title Amended on Jun. 29, 2021]
| Article 15 (Request for Admission) |
| (1) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to admit a child subject to protection to a child welfare facility pursuant to Article 15 (1) 4 of the Act, he or she shall request the head of the child welfare facility to admit the relevant child subject to protection, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (2) | Where the head of a child welfare facility finds an abandoned child or any other child in need of urgent protection, he or she may give priority to protecting the relevant child. In such cases, the head of the child welfare facility shall, without delay, request a Mayor/Do Governor or the head of a Si/Gun/Gu to take protective measures for the child under Article 15 (1) 2 through 6 of the Act. |
| Article 16 Deleted. <Apr. 24, 2018> |
| Article 17 (Request for Hospitalization) |
Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to hospitalize or admit a child subject to protection who needs special medical care, recuperation, etc. to a specialized hospital or a sanatorium pursuant to Article 15 (1) 5 of the Act, he or she shall issue a written request for hospitalization (admission) of the child prescribed by Ordinance of the Ministry of Health and Welfare to the head of the relevant specialized hospital or sanatorium.
| Article 17-2 (Measures regarding Adoption) |
[This Article Newly Inserted on Jun. 29, 2021]
| Article 18 Deleted. <Jun. 29, 2021> |
| Article 18-2 (Counseling for Children Subject to Protection) |
| (1) | Counseling, psychological test, and investigation into the home environment for children subject to protection under the latter part of Article 15 (3) of the Act shall be conducted in the manner specified in attached Table 1: Provided, That where it is necessary to take emergency measures under Article 12 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes or where a Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to take urgent protective measures, counseling, psychological test, and investigation into the home environment may be conducted after implementing taking measures under Article 15 (1) 3 through 6 of the Act. <Amended on Mar. 30, 2021; Jun. 29, 2021> |
| (2) | Counseling, psychological tests, and investigation of the home environment for children subject to protection under the latter part of Article 15 (6) of the Act shall be conducted in the manner specified in attached Table 2. <Amended on Mar. 30, 2021> |
| (3) | Health examinations of children subject to protection under the latter part of Article 15 (3) of the Act and the latter part of paragraph (6) of that Article shall be conducted in accordance with the Framework Act on Health Examination and the standards determined and publicly notified by the Minister of Health and Welfare, and details thereof shall be determined by the Minister of Health and Welfare. <Amended on Mar. 30, 2021> |
[This Article Newly Inserted on Mar. 6, 2018]
| Article 19 (Request for Temporary Protection) |
Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to temporarily protect a child subject to protection pursuant to the former part of Article 15 (6) of the Act, he or she shall issue a written request for temporary protection prescribed by Ordinance of the Ministry of Health and Welfare to the head of a foster care center, the head of a temporary child protection facility under Article 52 (1) 2 of the Act (hereinafter referred to as "temporary child protection facility"), the head of a shelter for child abuse victims under Article 53-2 of the Act (hereinafter referred to as "shelter for child abuse victims"), or a person deemed appropriate. <Amended on Mar. 6, 2018; Jul. 16, 2019; Mar. 30, 2021>
| Article 20 (Criminal History Records Check) |
| (1) | A request for a criminal history records check under Article 15 (9) of the Act shall be made to the head of a police agency having jurisdiction over the place where a person who desires to provide foster care for children resides. <Amended on Mar. 6, 2018; Mar. 30, 2021> |
| (2) | Where a request is made for the check under paragraph (1), a written consent of a person who desires to provide foster care shall also be submitted. |
| (3) | Upon receiving the request under paragraph (1), the head of a police agency shall verify whether a person who desires to provide foster care has a history of a crime falling under those subject to criminal history records check specified in attached Table 3 and shall reply to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu regarding the results of the verification. <Amended on Mar. 6, 2018> |
| (4) | Forms necessary for, among other things, requests for criminal history records checks and replies under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 21 (Measures such as Identification) |
| (1) | The president of the National Center or the head of a foster care center may request a Mayor/Do Governor or the head of a Si/Gun/Gu to cooperate in taking the following measures for the children under foster care, persons who desire to provide foster care, parents of children under foster care, and other relevant persons pursuant to Article 15 (10) of the Act; in such cases, the measures under subparagraphs 1 and 3 shall apply only to persons who desire to provide foster care: <Amended on Nov. 30, 2015; Mar. 6, 2018; Jul. 16, 2019; Mar. 30, 2021> |
| (2) | The president of the National Center or the head of a foster care center intending to make a request under paragraph (1) shall obtain consent from the relevant child under foster care, a person who wishes to provide foster care for the relevant child, the parents of the child under foster care, and other relevant persons. <Amended on Jul. 16, 2019> |
| Article 21-2 (Establishment and Operation of Integrated Child Information System) |
| (1) | "Information necessary for performing duties related to child welfare, as prescribed by Presidential Decree" in Article 15-2 (2) 14 of the Act means the following information: |
| 8. | Information on the management of cases involving children and protectors managed and possessed by the following facilities, institutions, etc.: |
| (2) | The Minister of Health and Welfare may determine and publicly notify a period during which information may be managed and possessed under Article 15-2 (2) of the Act. In such cases, such period shall not exceed the period for the management and possession of information prescribed in other statutes or regulations. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for establishing and operating a child information system shall be determined by the Minister of Health and Welfare. |
[This Article Newly Inserted on Jun. 29, 2021]
[Previous Article 21-2 moved to Article 21-4 <Jun. 29, 2021>]
| Article 21-3 (Request for Submission of Data for Inspection of Child Rearing Conditions and Follow-Up Management) |
A Mayor/Do Governor or the head of a Si/Gun/Gu may request a relevant agency or family to cooperate by, among other things, submitting data, in order to inspect the conditions of rearing a child subject to protection pursuant to Article 15-3 of the Act or to visit the family of the child subject to protection to provide necessary guidance and management pursuant to Article 16-2 of the Act. [This Article Newly Inserted on Jun. 29, 2021]
| Article 21-4 (Measures for Discharge) |
| (1) | Where a person protecting a child subject to protection pursuant to Article 15 (1) 3 of the Act or the head of a child welfare facility protecting a child subject to protection pursuant to subparagraph 4 of that paragraph intends to terminate protective measures or discharge the child from the relevant facility pursuant to Article 16 (1) of the Act as the child subject to protection reaches the age of 18, he or she shall submit an application prescribed by Ordinance of the Ministry of Health and Welfare to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu having jurisdiction over the family protecting the child subject to protection or the relevant facility. |
| (2) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to discharge a child subject to protection currently under protection under Article 15 (1) 5 of the Act because the purpose of protection of such child is deemed achieved, he or she shall hear from the head of a specialized hospital or sanatorium protecting the child subject to protection. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to terminate protective measures for a child subject to protection or to discharge him or her from the relevant facility pursuant to Article 16 (1) of the Act, he or she shall undergo deliberation by a case determination committee, and where a Mayor/Do Governor or the head of a Si/Gun/Gu has terminated protective measures for a child subject to protection or discharged a child subject to protection from the relevant facility, he or she shall, without delay, issue notice (including electronic notice) of such fact to the relevant person providing foster care, the head of the relevant child welfare facility, or the head of the relevant specialized hospital or sanatorium. <Amended on Jun. 29, 2021> |
[This Article Newly Inserted on Sep. 22, 2016]
[Moved from Article 21-2 <Jun. 29, 2021>]
| Article 21-5 (Decision to Return Child Subject to Protection to His or Her Home) |
| (1) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to return a child subject to protection to his or her home pursuant to the main clause of Article 16 (3) of the Act, he or she shall undergo deliberation by a case determination committee. |
| (2) | "Counseling, education, psychological therapy, etc. prescribed by Presidential Decree" in the proviso of Article 16 (3) of the Act means the following counseling, education, and psychological therapy services provided by the head of a specialized child protection agency under Article 45 of the Act (hereinafter referred to as "specialized child protection agency") to a child abuser pursuant to Article 46 (2) 3 of the Act: |
| 1. | Counseling and education for the improvement of family relationships; |
| 2. | Counseling and education for the improvement of child-rearing abilities; |
| 3. | Awareness education for the prevention of child abuse; |
| 4. | Other counseling, education, and psychological therapy deemed necessary for improving children's welfare. |
[This Article Newly Inserted on Jun. 29, 2021]
| Article 22 (Extension of Period of Protection) |
| (1) | "In cases prescribed by Presidential Decree" in Article 16-3 (2) of the Act means the following: |
| 1. | Where a Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to extend the period of protection on the grounds of disability, illness, etc.; |
| 2. | Where the intellectual capacity of the person in question falls within the scope determined by the Minister of Health and Welfare. |
| (2) | "In cases prescribed by Presidential Decree" in Article 16-3 (3) 3 of the Act means the following: |
| 1. | Where a Mayor/Do Governor or the head of a Si/Gun/Gu deems it necessary to further extend the period of protection on the grounds of disability, illness, etc.; |
| 2. | Where a person whose period of protection is extended lacks the ability to support himself or herself such as where he or she has intellectual capacity falling within the scope determined by the Minister of Health and Welfare; |
| 3. | Where a person whose period of protection is extended on the grounds of preparation for employment, etc., requests an additional extension of the protection period and is granted further extension for up to one year. |
[This Article Wholly Amended on Jun. 21, 2022]
| Article 23 (Prevention of Child Abuse) |
| (1) | "Matters prescribed by Presidential Decree for the prevention of child abuse" in Article 22 (1) 5 of the Act means the following: <Amended on Sep. 22, 2016; Apr. 24, 2018; Jul. 16, 2019> |
| 1. | Establishment of cooperative systems among relevant agencies for the prevention of child abuse; |
| 3. | Guidance on and supervision of child welfare facilities and institutions related to the prevention of child abuse. |
| (2) | "Duties related to child abuse as prescribed by Presidential Decree" in Article 22 (3) 3 of the Act means the following duties: <Newly Inserted on Sep. 29, 2020; Jun. 29, 2021> |
| 1. | Judgment on cases of child abuse including physical and emotional abuse; |
| 2. | Duties relating to job training and capacity building of anti-child abuse officials under Article 22 (4) of the Act (hereinafter referred to as "anti-child abuse officials"); |
| 4. | Provision of guidance on and supervision of the management of cases involving child victims at specialized child protection agencies. |
| (3) | "Duties related to child abuse prevention activities prescribed by Presidential Decree" in Article 22 (6) 7 of the Act means the following duties: <Newly Inserted on Jul. 16, 2019; Sep. 29, 2020> |
| 1. | Duties regarding support for projects for strengthening capabilities of employees of child welfare facilities and institutions related to the prevention of child abuse and the protection of child victims; |
| 2. | International exchange related to the prevention of child abuse and the protection of child victims; |
| 3. | Production and provision of statistics related to the prevention of child abuse and the protection of child victims. |
| Article 24 (Installation and Operation of Emergency Telephone Lines) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall install emergency telephone lines at agencies where anti-child abuse officials work pursuant to Article 22 (2) of the Act. In such cases, a dedicated line shall be installed and operated for emergency purposes. <Amended on Sep. 22, 2016; Sep. 29, 2020> |
| (2) | Emergency telephone lines referred to in paragraph (1) shall be operated with a single national number, accessible 24 hours a day. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the installation and operation of emergency telephone lines shall be determined by the Minister of Health and Welfare. |
| Article 25 (Prevention of Abuse of, and Support for, Students) |
| (1) | The Minister of Education or the superintendent of education shall share the following information with the Minister of Health and Welfare pursuant to Article 22-2 (2) of the Act: <Amended on Jun. 29, 2021> |
| (2) | Pursuant to Article 22-2 (3) of the Act, the Minister of Health and Welfare and the head of a local government shall share information on the name, date of birth, gender, and address of a child who is likely to be abused, along with information on the grounds for determining that the relevant child is likely to be abused, with the Minister of Education or the superintendent of education. <Amended on Jun. 29, 2021> |
| (3) | To facilitate information sharing under paragraphs (1) and (2), the Minister of Education, the superintendent of education, and the Minister of Health and Welfare shall operate the early childhood education information system under Article 19-2 of the Early Childhood Education Act, the education information system under Article 30-4 of the Elementary and Secondary Education Act, and the social security information system under Article 37 (2) of the Framework Act on Social Security, and may, if necessary, share the relevant information by means of documents, e-mail, etc. <Newly Inserted on Jun. 29, 2021> |
| (4) | "Affairs prescribed by Presidential Decree, such as supporting adaptation in schools" in Article 22-2 (4) of the Act means the following: <Amended on Jun. 29, 2021> |
| 1. | Support for adaptation in school of child victims and their family members who have received support in entering schools under Article 29 (5) of the Act; |
| 2. | Support for counseling services, such as psychological counseling and career counseling, for young children of kindergartens under the Early Childhood Education Act and students of schools under the Elementary and Secondary Education Act (hereafter in this Article referred to as "students, etc."), both of whom have suffered from abuse; |
| (5) | Where the Minister of Education or the superintendent of education entrusts affairs, such as support for adaptation in school pursuant to Article 22-2 (4) of the Act, the Minister of Education or the superintendent of education may fully or partially subsidize expenses incurred therein within the budget. <Amended on Jun. 29, 2021> |
| (6) | Matters necessary for the standards, procedures, etc. for designation of institutions by the Minister of Education or the superintendent of education pursuant to Article 22-2 (4) of the Act shall be determined by the Minister of Education. <Amended on Jun. 29, 2021> |
[This Article Newly Inserted on Apr. 24, 2018]
| Article 25-2 (Formulation of Plan for Protecting Child Victims) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall, without delay, formulate a plan for protecting child victims under Article 22-4 (1) of the Act (hereafter in this Article referred to as "protection plan") after conducting an investigation into child victims, and shall notify the head of a specialized child protection agency of the protection plan through the child information system. <Amended on Jun. 29, 2021> |
| (2) | "Matters prescribed by Presidential Decree" in Article 22-4 (1) 4 of the Act means the following: |
| 1. | Judgment on cases of child abuse including physical and emotional abuse and the basis for such judgment; |
| 2. | Connection of community welfare services, such as counseling, education, medical treatment, and psychological therapy for child victims, their families, and child abusers; |
| (3) | The head of a specialized child protection agency may request a Mayor/Do Governor or the head of a Si/Gun/Gu to modify a protection plan notified pursuant to paragraph (1), if necessary for managing cases involving child victims. |
| (4) | Upon receiving notification of a protection plan under paragraph (1), the head of a specialized child protection agency shall, without delay, formulate a case management plan for child victims under Article 22-4 (4) of the Act (hereafter in this Article referred to as "case management plan") and implement such plan after notifying the Mayor/Do Governor or the head of a Si/Gun/Gu thereof through the child information system. <Amended on Jun. 29, 2021> |
| (5) | A Mayor/Do Governor or the head of a Si/Gun/Gu shall provide the head of a specialized child protection agency with the following information necessary for formulating a case management plan: |
| 1. | Information on child victims, their family members, and child abusers; |
| 2. | Matters regarding the receipt of reports on child abuse, on-site investigations, emergency protection, etc.; |
| 3. | Matters regarding facilities, etc. protecting child victims and their families. |
[This Article Newly Inserted on Sep. 29, 2020]
| Article 26 (Education for Persons Obligated to Report Child Abuse) |
| (1) | Education related to the prevention of, and the duty to report, child abuse under Article 26 (1) through (3) of the Act shall include the following: |
| 1. | Statutes or regulations regarding the prevention of, and the duty to report, child abuse; |
| 2. | Reporting procedures for child abuse; |
| 3. | Procedures for protecting child victims. |
| (2) | The head of a relevant central administrative agency shall include at least one hour of education related to the prevention of, and the duty to report, child abuse in the courses designed for acquiring qualifications or refresher training courses for persons obligated to report child abuse pursuant to Article 26 (1) of the Act. |
| (3) | The head of an institution, facility, etc. to which a person obligated to report child abuse belongs shall annually provide education related to the prevention of, and the duty to report, child abuse to the person obligated to report pursuant to Article 26 (3) of the Act for at least one hour. <Amended on Apr. 24, 2018> |
| (4) | Deleted. <Apr. 24, 2018> |
| (5) | The education under Article 26 (1) through (3) of the Act may be provided by means of in-house learning, audio-visual education, Internet lectures, etc. |
[This Article Newly Inserted on Oct. 6, 2015]
| Article 26-2 (Conducting Child Abuse Prevention Education) |
| (1) | "Public organization prescribed by Presidential Decree" in Article 26-2 (1) of the Act means the following institutions or organizations: |
| (2) | The head of an institution or an organization required to annually provide child abuse prevention education pursuant to Article 26-2 (1) of the Act shall provide such education for at least one hour, incorporating the following matters into the details of education. In such cases, the education may be provided by means of in-house learning, Internet lectures, etc.: |
| 1. | Statutes or regulations regarding the prevention of child abuse; |
| 2. | Major instances of child abuse; |
| 3. | Reporting procedures for child abuse. |
| (3) | "Educational institution prescribed by Presidential Decree" in Article 26-2 (2) of the Act means the following institutions: <Amended on Jun. 29, 2021; Jan. 28, 2022> |
| 1. | The Korea Human Resource Development Institute for Health and Welfare under the Korea Human Resource Development Institute for Health and Welfare Act; |
| 3. | Social welfare corporations defined in subparagraph 3 of Article 2 of the Social Welfare Services Act, which are non-profit corporations whose business is to prevent child abuse and protect victims according to their articles of association, bylaws, etc. and also institutions publicly notified by the Minister of Health and Welfare as they are deemed capable of providing education on the prevention of child abuse. |
| (4) | The Minister of Health and Welfare may, if necessary, request the National Center or research institutes, corporations, or organizations with human and material resources related to child welfare, to develop educational programs under Article 26-2 (3) of the Act. <Amended on Jul. 16, 2019> |
[This Article Newly Inserted on Apr. 24, 2018]
[Previous Article 26-2 moved to Article 26-3 <Apr. 24, 2018>]
| Article 26-3 (Management and Provision of Child Abuse Information) |
| (1) | The Minister of Health and Welfare may perform the following duties through the child information system: <Amended on Apr. 24, 2018; Sep. 29, 2020; Jun. 29, 2021> |
| 1. | Management of information on child victims, their family members, and child abusers; |
| 2. | Management of information on child abuse prevention projects; |
| 3. | Measures such as inquiry into identification of child victims, their protectors, or child abusers; |
| 4. | Production and management of statistics related to the prevention of child abuse and support for child victims, etc.; |
| 5. | Management of receipt of reports on child abuse, on-site investigations, and emergency protection; |
| 6. | Follow-up management of child victims, their families, and child abusers, and the management of counseling, education, and treatment of them; |
| 7. | Other duties determined by the Minister of Health and Welfare as necessary to prevent child abuse. |
| (2) | Where a person falling under any subparagraph of Article 28-2 (3) of the Act requests information on the child information system, the details of such request shall include the following: <Amended on Apr. 24, 2018; Jun. 29, 2021> |
| 1. | Any of the following purposes: |
| (a) | Support for children requested to be subject to protective measures under Article 15 of the Act; |
| (b) | Personal protection of child victims and their families; |
| (c) | Support for child victims' entry into school (including admission, re-admission, transfer, and transfer admission); |
| (d) | Medical support for child victims; |
| 2. | The following information: |
| (a) | Names and Resident registration numbers of child victims, their family members, and child abusers; |
| (c) | Details of support for child victims and their families under Article 29 of the Act. |
| (3) | "Institutions or organizations related to protecting and supporting child victims prescribed by Presidential Decree" in Article 28-2 (3) 7 of the Act means the following institutions or organizations: <Newly Inserted on Apr. 24, 2018; Jun. 29, 2021> |
| 1. | A corporation or an organization that provides integrated service support for children belonging to vulnerable social groups under Article 37 (3) of the Act after being entrusted by the Minister of Health and Welfare; |
| (4) | "Cases prescribed by Presidential Decree" in the proviso of Article 28-2 (4) of the Act means any of the following: <Newly Inserted on Apr. 24, 2018> |
| 1. | Where the provision of information is deemed likely to significantly impede the protection of the life, body, and property of the child victim and his or her family members; |
| 2. | Where there exist obvious reasonable grounds to provide other agencies with information more efficiently and economically; |
| 3. | Where the provision of information is deemed likely to significantly impede the performance of the unique duties of a specialized child protection agency; |
| 4. | Where it is clearly expected that the requested information will be used for any purpose other than those prescribed in the items of paragraph (2) 1; |
| 5. | Where the identity of the reporting person or a third party is expected to be disclosed due to the provision of the requested information. |
| (5) | Deleted. <Jun. 29, 2021> |
| (6) | Deleted. <Jun. 29, 2021> |
[This Article Newly Inserted on Sep. 22, 2016]
[Title Amended on Jun. 29, 2021]
[Moved from Article 26-2; previous Article 26-3 moved to Article 26-4 <Apr. 24, 2018>]
| Article 26-4 (Support for Child Victims' Entry into School) |
| (1) | If it is necessary for a child victim attending a school referred to in any subparagraph of Article 2 of the Elementary and Secondary Education Act and his or her family member to enter a school in an area other than his or her domicile (including admission, re-admission, transfer, or transfer admission; hereinafter the same shall apply), the State and the head of a local government may request the superintendent of education, the head of a district office of education, or the head of a school defined in Article 2 of the Elementary and Secondary Education Act to take measures necessary for such entry into school pursuant to Article 29 (6) of the Act. <Amended on Jun. 21, 2022> |
| (2) | Upon receiving a request under paragraph (1), the superintendent of education, the head of a district office of education, or the head of a school under Article 2 of the Elementary and Secondary Education Act shall consider giving priority to a child victim or his or her family member in entering a school near his or her place of residence where the child victim or his or her family member is being protected. |
| (4) | The superintendent of education, the head of a district office of education, or the head of a school under Article 2 of the Elementary and Secondary Education Act shall manage and supervise the measures taken under paragraphs (1) through (3) to prevent disclosure to persons not related to entry into school, and upon receiving a request from a child abuser for the provision of information on the child victim and his or her family member attending school, shall notify a specialized child protection agency protecting the child victim or his or her family of such fact. |
[This Article Newly Inserted on Sep. 26, 2014]
[Moved from Article 26-3; previous Article 26-4 moved to Article 26-5 <Apr. 24, 2018>]
| Article 26-5 (Procedures for Check of Child Abuse-Related Criminal History Records) |
| (1) | Where the head of a central administrative agency, the head of a local government, the superintendent of education, the head of a district office of education, (hereinafter referred to as "head of the competent administrative agency") or the head of a child-related institution having jurisdiction over the establishment, authorization for establishment, permission, or reporting, of a child-related institution other than facilities or institutions referred to in Article 29-3 (1) 12 and 22 of the Act, among the facilities or institutions referred to in the subparagraphs of Article 29-3 (1) of the Act (hereinafter referred to as "child-related institution"), intends to request a check of child abuse-related criminal history records pursuant to the main clause of Article 29-3 (4) and the main clause of paragraph (5) of that Article, he or she shall submit a written request for a check of child abuse-related criminal history records to the head of the competent policy agency, along with the following documents; in such cases, where a person subject to a check of child abuse-related criminal history records expresses consent through the information and communications networks operated by a police, the written consent may be replaced by the expression of the intent. <Amended on Jun. 11, 2019> |
| 1. | Where the head of the competent administrative agency makes the request: A written consent of a person subject to a check of child abuse-related criminal history records; |
| 2. | Where the head of a child-related institution makes the request: The following documents: |
| (a) | A document verifying that he or she is the head of a child-related institution; |
| (b) | A written consent of a person subject to a check of child abuse-related criminal history records. |
| (2) | Where a person intending to operate a child-related institution, a person who is currently employed at or providing de facto labor to a child-related institution, or a person seeking to be employed at or provide de facto labor to such institution (hereinafter referred to as "employee, etc.") intends to request the issuance of a written reply to the request for a check of child abuse-related criminal history records under the proviso of Article 29-3 (4) and the proviso of paragraph (5) of that Article, he or she shall submit such request to the head of the competent police agency, along with the following documents; in such cases, the relevant documents may be submitted through the information and communications networks operated by the police agency, and where the head of the competent police agency is able to verify information on the submitted documents through administrative data matching under Article 36 (1) of the Electronic Government Act, the submission of the documents may be replaced by such verification: <Newly Inserted on Jun. 11, 2019; Sep. 29, 2020> |
| 1. | Where a person intending to operate a child-related institution makes the request: The following documents: |
| (a) | A document proving that the facility or institution to be operated is a child-related institution; |
| (b) | A document proving his or her identity. |
| 2. | Where an employee, etc. make the request: The following documents: |
| (a) | A document proving that he or she is an employee, etc.; |
| (b) | A document proving his or her identity. |
| (3) | The head of a child-related institution falling under any of the facilities, institutions, or places of business referred to in the subparagraphs of Article 56 (1) of the Act on the Protection of Children and Youth against Sex Offenses among child-related institutions (hereinafter referred to as "child or youth-related institutions, etc.") may request employees, etc. of the institutions to be subjected to a check of sex offense history under the main clause of Article 56 (5) and a check of child abuse-related criminal history records under the main clause of Article 29-3 (5) of the Act; in such cases, the head of the relevant child-related institution shall submit a request for a check of both sex offense history and child abuse-related criminal history records to the head of the competent police agency (including submission through information and communications networks operated by the competent police agency), along with the following documents, and where the head of the competent police agency is able to verify information on the submitted documents through administrative data matching under Article 36 (1) of the Electronic Government Act, the submission of the documents may be replaced by such verification: <Newly Inserted on Jun. 11, 2019> |
| (a) | A document verifying that he or she is the head of a relevant child-related institution; |
| (b) | A written consent of persons subject to a check of sex offense history and child abuse-related criminal history records. |
| (4) | When a person intending to operate a child-related institution or an employee, etc. request(s) the issuance of a written reply to a check of child abuse-related criminal history records pursuant to paragraph (2), he or she may also request the issuance of a written reply to a check of sex offense history under the proviso of Article 56 (4) of the Act on the Protection of Children and Youth against Sex Offenses and the proviso of paragraph (5) of that Article; in such cases, a written request to a check of sex offense history and child abuse-related criminal history records shall be submitted to the head of the competent police agency (including submission through the information and communications networks operated by the competent police agency), and if the head of the competent police agency is able to verify information on the submitted documents through administrative data matching, the submission of the documents may be replaced by such verification: <Newly Inserted on Sep. 29, 2020> |
| 1. | Where a person intending to operate a child-related institution makes the request: The following documents: |
| (a) | A document proving that the facility or institution to be operated is a child-related institution; |
| (b) | A document proving his or her identity. |
| 2. | Where an employee, etc. make the request: The following documents: |
| (a) | A document proving that he or she is an employee, etc.; |
| (b) | A document proving his or her identity. |
| (5) | Upon receiving a request for a check of child abuse-related criminal history records pursuant to paragraphs (1) and (2), the head of a police agency shall verify whether a person subject to a check of child abuse-related criminal history records is restricted from operating, being employed by, or providing de facto labor to, child-related institutions (hereinafter referred to as "person subject to restriction on employment, etc.") pursuant to Article 29-3 (1) of the Act and reply to the request. In such cases, he or she may reply through the information and communications networks operated by the police agency. <Amended on Jun. 11, 2019; Sep. 29, 2020> |
| (6) | Matters necessary for the application for a check of child abuse-related criminal history records, reply thereto under paragraphs (1) through (5), and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 11, 2019; Sep. 29, 2020> |
[This Article Newly Inserted on Sep. 26, 2014]
[Moved from Article 26-4; previous Article 26-5 moved to Article 26-6 <Apr. 24, 2018>]
| Article 26-6 (Request for Submission of Data) |
Where the Minister of Health and Welfare or the head of a relevant central administrative agency requests the head of a child-related institution or its supervisory agency to submit relevant data pursuant to Article 29-4 (2) of the Act, he or she shall provide detailed information on the following: | 1. | Grounds for requesting submission of data; |
| 2. | Deadline for the submission of data; |
| 3. | Details of the data required. |
[This Article Newly Inserted on Sep. 26, 2014]
[Moved from Article 26-5; previous Article 26-6 moved to Article 26-7 <Apr. 24, 2018>]
| Article 26-7 (Disclosure of Results of Inspection and Verification of Employment of Persons Subjected to Employment Restriction Order) |
| (1) | Pursuant to Article 29-4 (3) of the Act, the Minister of Health and Welfare or the head of a relevant central administrative agency shall disclose the results of an inspection or verification conducted under Article 29-4 (1) of the Act for 12 months on the National Center's website within two months from the date of completion of the inspection or verification. <Amended on Jul. 16, 2019> |
| (2) | The results of inspection and verification that shall be disclosed pursuant to paragraph (1) shall be as follows: |
| 1. | Period during which the inspection and verification took place; |
| 2. | The total number of child-related institutions at the time of commencement of the inspection and verification; |
| 3. | The number of institutions and the number of persons subjected to the inspection and verification; |
| 4. | The number and names of child-related institutions operated by persons subject to restriction on employment, etc. or institutions such persons are employed at or provide de facto labor, the names of Si/Gun/Gu and Gus in which the relevant institutions are located, and the number of persons subject to restriction on employment, etc. by each institution; |
| 5. | A plan to take measures or details of measures taken against child-related institutions operated by persons subject to restriction on employment, etc. or the institutions where such persons are employed or provide de facto labor. |
[This Article Newly Inserted on Sep. 26, 2014]
[Title Amended on Jul. 16, 2019]
[Moved from Article 26-6; previous Article 26-7 moved to Article 26-8 <Apr. 24, 2018>]
| Article 26-8 (Request for Dismissal or Closure) |
| (1) | Where the head of a central administrative agency referred to in any subparagraph of Article 29-4 (1) of the Act requests the head of a child-related institution to dismiss a person subject to restriction on employment, etc. or close such child-related institution pursuant to Article 29-5 (1) or (2) of the Act, such request shall be made in writing, specifying the violation, the details of the request, the compliance period, etc., and shall also notify the relevant person subject to the restriction on employment, etc. of the fact of such request. |
| (2) | Upon receiving a request for the dismissal of a person subject to restriction on employment, etc. or a request for the closure of a child-related institution pursuant to Article 29-5 (1) or (2) of the Act and the person subject to restriction on employment, etc. who is notified of such request for dismissal, the head of a child-related institution may file an objection with the head of the central administrative agency who has requested such dismissal or closure within 10 days from the date of receipt of the request for dismissal or closure. |
| (3) | Upon receiving an objection filed under paragraph (2), the head of a central administrative agency shall examine the objection within 14 days from the date of receipt of the objection and notify the head of the relevant child-related institution and the person subject to restriction on employment, etc. of the results of the examination. |
[This Article Newly Inserted on Sep. 26, 2014]
[Moved from Article 26-7 <Apr. 24, 2018>]
| Article 26-9 (Legal Consultation on Child Abuse) |
| (1) | A child victim who needs support such as legal consultation and legal representation under Article 29-6 (1) of the Act (hereinafter referred to as "legal consultation, etc.) and his or her legal representative may request legal consultation, etc. from the institutions under Article 29-6 (2) of the Act. |
| (2) | Where the Minister of Health and Welfare and the head of a specialized child protection agency become aware of any facts related to damage from child abuse and deem it necessary to provide legal consultation, etc., he or she may request legal consultation, etc. from an institution prescribed in Article 29-6 (2) of the Act with the consent of the victim or his or her legal representative. <Amended on Jul. 16, 2019> |
| (3) | "Any other institution prescribed by Presidential Decree" in Article 29-6 (2) of the Act means the Korean Bar Association under the Attorney-at-Law Act. |
| (4) | The Minister of Health and Welfare shall provide legal consultation, and the representation, defense, and legal assistance in civil or family litigations, in consideration of the necessity of legal aid according to the degree of development of the case, the financial capability of a child victim or his or her legal representative, the ability to remedy against infringement of his or her own rights, the possibility of defense, etc., and preferential support may be provided in any of the following cases: |
| 1. | Where a child victim is enrolled in a protection facility; |
| 2. | Where a child victim's legal representative is enrolled in a protection facility; |
| 5. | Where the legal representative of a child victim is a child abuser; |
| (5) | Except in cases falling under the proviso of Article 29-6 (3) of the Act, the Minister of Health and Welfare may bear expenses incurred in providing legal consultation, etc. within the budget. |
[This Article Newly Inserted on Apr. 24, 2018]
| Article 26-10 (Designation and Revocation of Designation of Dedicated Medical Institutions for Treatment of Child Abuse) |
| (1) | A person seeking designation as a dedicated medical institution responsible for the treatment of child victims pursuant to Article 29-7 (1) of the Act (hereinafter referred to as "dedicated medical institution") shall submit an application for designation as a dedicated medical institution prescribed by Ordinance of the Ministry of Health and Welfare to the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, along with the following documents (including electronic documents; this shall only apply to private medical institutions under Article 29-7 (1) of the Act); in such cases, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify a corporate registration certificate (applicable only to a corporation) through administrative data matching under Article 36 (1) of the Electronic Government Act: |
| 1. | A copy of the articles of incorporation of the corporation (applicable only to a corporation); |
| 2. | A document verifying that it is a private medical institution under Article 29-7 (1) of the Act. |
| (2) | Upon receiving an application for designation under paragraph (1), the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall issue a certificate of designation as a dedicated medical institution prescribed by Ordinance of the Ministry of Health and Welfare to the applicant, if the applicant is qualified as a dedicated medical institution. |
| (3) | Upon designating a dedicated medical institution pursuant to paragraph (2), the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall, without delay, publicly announce the name, location, and areas of practice of the dedicated medical institution, along with the name of its representative. In such cases, the Mayor/Do Governor or the head of a Si/Gun/Gu shall submit a report on the current status of designation to the Minister of Health and Welfare within 30 days from the date of public announcement. |
| (4) | "Matters concerning medical treatment prescribed by Presidential Decree" in Article 29-7 (2) 3 of the Act means physical or mental tests or examinations. |
| (3) | "Cases prescribed by Presidential Decree" in Article 29-7 (3) 3 of the Act means any of the following cases: |
| 1. | Where a medical institution no longer qualifies as a dedicated medical institution; |
| 2. | Where a medical institution receives expenses incurred in taking measures under the subparagraphs of Article 29-7 (2) of the Act by fraud or other improper means; |
| (6) | Upon revoking the designation of a dedicated medical institution pursuant to Article 29-7 (3) of the Act, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall, without delay, publicly announce the name, location, and areas of practice of the dedicated medical institution, along with the name of its representative. In such cases, the Mayor/Do Governor or the head of a Si/Gun/Gu shall submit a report on the current status of the revocation to the Minister of Health and Welfare within 30 days from the date of public announcement. |
| (7) | Except as provided in paragraphs (1) through (6), matters necessary for the designation, and revocation of designation, of dedicated medical institutions shall be determined by the Minister of Health and Welfare. |
[This Article Newly Inserted on Apr. 24, 2018]
| Article 26-11 (Agencies with which Consultation Is Required in Formulating Recommendation Guidelines for Media Coverage on Child Abuse) |
| (1) | "Agencies prescribed by Presidential Decree" in Article 29-8 (1) of the Act means the heads of the following central administrative agencies: |
| 1. | The Minister of Education; |
| 2. | The Minister of Justice; |
| 3. | The Minister of Culture, Sports and Tourism; |
| 4. | The Minister of Gender Equality and Family; |
| 5. | The Commissioner General of the National Police Agency; |
| 6. | The Chairperson of the Korea Communications Commission; |
| 7. | The Chairperson of the Anti-Corruption and Civil Rights Commission. |
| (2) | Where the Minister of Health and Welfare intends to formulate recommendation guidelines for media coverage on child abuse pursuant to Article 29-8 (1) of the Act, consultation shall be conducted with the Chairperson of the National Human Rights Commission of Korea. |
[This Article Newly Inserted on Nov. 28, 2023]
| Article 27 (Safety Standards for Child Welfare Facilities and Goods for Children) |
The safety standards for child welfare facilities under Article 30 of the Act shall be as specified in attached Table 4, and the safety standards for goods for children shall be as specified in attached Table 5. <Amended on Mar. 6, 2018>
| Article 28 (Education on Child Safety) |
| Article 29 (Designation of Child Protection Zones) |
| (1) | The manager of an urban park under Article 32 (1) 1 of the Act (referring to a person entrusted with the management of an urban park under Article 20 (1) of the Act or a person who manages an urban park under Article 21 (1) of that Act) or the head of a facility under Article 32 (1) 2 through 4 of the Act may submit an application for the designation of a child protection zone to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the relevant urban park or facility pursuant to Article 32 (1) of the Act, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Mar. 30, 2021> |
| (2) | Pursuant to Article 32 (1) of the Act, the manager of an urban park under Article 32 (1) 1 of the Act (referring to a park management agency under Article 20 (1) of the Act on Urban Parks and Green Areas; hereafter in this paragraph referred to as "park management agency") may request the designation of a child protection zone or designate one on his or her own initiative according to the following classifications: <Amended on Mar. 30, 2021> |
| 1. | Where the park management agency is the Special Metropolitan City Mayor or a Metropolitan City Mayor: Requesting the head of a Si/Gun/Gu to designate a child protection zone; |
| 2. | Where the park management agency is a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun: Designating a child protection zone on his or her own initiative. |
| (3) | Upon receiving an application for designation under paragraph (1) or a request for designation under paragraph (2) or upon intending to designate such facilities on his or her own initiative, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall investigate the following matters regarding the relevant facilities and surrounding areas: <Amended on Mar. 30, 2021> |
| 1. | Current status of child crimes occurring in the area surrounding the relevant facilities; |
| 2. | The number of children attending or using the relevant facilities; |
| 3. | Whether crimes are highly likely to occur in the area surrounding the relevant facilities. |
| (4) | Where a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to designate a child protection zone as a result of an investigation conducted under paragraph (3), the designation shall be made based on the following classifications: <Amended on Mar. 30, 2021> |
| 1. | Urban parks referred to in Article 32 (1) 1 of the Act: A certain area within a radius of 500 meters from the entrance to an urban park; |
| 2. | Facilities referred to in Article 32 (1) 2 through 4 of the Act: A certain area within a radius of 500 meters from the outer boundary of the site of the relevant facilities. |
| (5) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall consult with the chief of the competent police station on the investigation and the designation of a child protection zone under paragraphs (3) and (4), and may request the head of the relevant agency to provide data necessary for the investigation and the designation of a child protection zone. <Amended on Mar. 30, 2021> |
| (6) | After designating a child protection zone pursuant to paragraph (4), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall publicly announce the relevant child protection zone on the website, bulletin board, etc. of the Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu, and shall notify the applicant under paragraph (1) of the details thereof. <Amended on Mar. 30, 2021> |
| Article 30 (Installation and Management of Fixed-Type Visual Data Processing Devices) |
| (1) | Pursuant to Article 32 (1) of the Act, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall install fixed-type visual data processing devices in a child protection zone designated pursuant to Article 29 (4) within the budget. <Amended on Jan. 22, 2013; Mar. 30, 2021; Sep. 12, 2023> |
| (2) | Where it is necessary to replace or repair a fixed-type visual data processing device or to change its installation site due to breakdown, obsolescence, etc., a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall take necessary measures without delay. <Amended on Jan. 22, 2013; Mar. 30, 2021; Sep. 12, 2023> |
| (3) | The chief of a police station having jurisdiction over a child protection zone designated pursuant to Article 29 (4) shall actively utilize video information from fixed-type visual data processing devices installed in the relevant child protection zone for the prevention and investigation of crimes against children. <Amended on Jan. 22, 2013; Sep. 12, 2023> |
[Title Amended on Jan. 22, 2023; Sep. 12, 2023]
| Article 31 (Support for Installation of Fixed-Type Visual Data Processing Devices) |
The State and local governments may subsidize expenses incurred in installing and managing fixed-type visual data processing devices under Article 30 within the budget. <Amended on Jan. 22, 2013; Sep. 12, 2023> [Title Amended on Jan. 22, 2023; Sep. 12, 2023]
| Article 33 (Scope of Duties of Human Resources Protecting Safety of Children) |
The scope of duties of human resources protecting the safety of children under Article 33 (1) of the Act shall be as follows: | 1. | Conducting patrol activities and providing guidance to children; |
| 2. | Taking protective measures for children in danger and temporary measures for the prevention of accidents; |
| 3. | Taking other necessary measures to prevent crimes against children, such as addressing instances of missing children and kidnappings. |
| Article 33 (Procedures for Criminal History Records Check on Human Resources Protecting Safety of Children) |
| (1) | Those intending to serve as human resources protecting the safety of children shall issue a request for criminal history records check under Article 33 (3) of the Act to the head of a police agency having jurisdiction over the place where they reside. |
| (2) | Where a request is made for criminal history records check pursuant to paragraph (1), a written consent of persons intending to be human resources protecting the safety of children shall also be submitted. |
| (3) | Upon receiving a request under paragraph (1), the head of a police agency shall check whether persons who desire to be placed as human resources protecting the safety of children have a history of a crime falling under those subject to criminal history records check specified in attached Table 7 and shall reply to the State or the head of a local government regarding the results of the check. <Amended on Mar. 6, 2018> |
| (4) | Forms necessary for, among other things, requests for criminal history records checks and replies under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 34 (Designation of Children's Emergency Shelters) |
| (1) | A person intending to be designated as a children's emergency shelter under Article 34 (1) of the Act shall operate in the area where any of the following facilities is located or in the vicinity thereof: |
| 4. | Urban parks under the Act on Urban Parks and Greenbelts; |
| 6. | Areas with frequent child foot traffic, such as cram school districts; |
| 7. | Other areas where crimes against children are highly likely to occur. |
| (2) | A person seeking designation as a children's emergency shelter under Article 34 (1) of the Act shall submit an application for designation to the Commissioner General of the Korean National Police Agency, who will determine whether to grant such designation after verifying the applicant's compliance with the criteria under paragraph (1). |
| (3) | Article 33 shall apply mutatis mutandis to the procedures and scope of criminal history records checks under Article 34 (2) of the Act. |
| Article 35 (Maintenance of Sound Body and Mind) |
Specific details of support services under Article 35 (2) and (4) of the Act shall be as follows: <Amended on Jun. 21, 2022> | 1. | Promotion of physical health: Vaccinations, health examinations, and health education services; |
| 2. | Promotion of mental health: Mental health-related examinations, counseling, and education services; |
| 3. | Prevention of meal skipping and the improvement of nutrition: Provision of meal service, improvement of dietary habits, and nutrition education and management services; |
| 4. | Improvement of physical strength and leisure activities: Prevention of obesity, measurement of basic physical strength, improvement of physical activities, and support for experiential activities. |
| Article 36 (Provision of Meal Service) |
| (1) | When the Minister of Health and Welfare determines the minimum meal cost reflecting the inflation rate, etc. pursuant to Article 35 (3) of the Act, he or she may hear from a Mayor/Do Governor or the head of a Si/Gun/Gu. In such cases, the calculation of the inflation rate shall be made taking into account the consumer prices for each item and other relevant indicators publicly notified by the Commissioner of the Statistics Korea pursuant to Article 3 of the Statistics Act. <Newly Inserted on Jun. 21, 2022> |
| (3) | A child intending to receive meal service pursuant to paragraph (2), his or her family members, public officials in charge of child-related affairs, and other relevant persons may submit an application for meal service to the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended on Jun. 21, 2022> |
| (4) | Upon receiving an application under paragraph (3), the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify the relevant child's eligibility for meal service under paragraph (2) and determine whether to include the child in the list of those eligible for meal service, and notify the applicant of the results of the decision. <Amended on Jun. 21, 2022> |
| (5) | An applicant notified of his or her ineligibility for meal service pursuant to paragraph (4) may file an objection with the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended on Jun. 21, 2022> |
| (6) | Except as provided in paragraphs (1) through (5), matters necessary for those eligible for meal service, the standards for the provision thereof, etc. shall be prescribed by ordinance of a relevant local government. <Amended on Jun. 21, 2022> |
| Article 37 (Support for Integrated Service for Children Belonging to Vulnerable Social Group) |
| (1) | Pursuant to Article 37 (1) of the Act, the Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall select persons eligible for integrated service from among the following families based on the standards determined by the Minister of Health and Welfare in consideration of children's developmental level, child-rearing environment, etc.: |
| 2. | Other families determined by the Minister of Health and Welfare whose conditions for the growth and welfare of children are vulnerable. |
| (2) | Details of the integrated service under Article 37 (1) of the Act shall be as follows: |
| 1. | Health-improvement services, such as health examinations and education on disease prevention; |
| 2. | Support for children's basic learning and education on social and emotional development; |
| 4. | Other services necessary for promoting children's growth and development. |
| (3) | The Minister of Health and Welfare, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall establish and operate an integrated service support institution to provide integrated service support pursuant to Article 37 (2) of the Act. In such cases, the institution shall include both public officials and private specialists and their assignment shall be determined by the Minister of Health and Welfare. |
| (4) | The Minister of Health and Welfare shall conduct annual inspections and evaluations of each integrated service support institution under paragraph (3), support the improvement of institutions with insufficient performance, and may grant awards to institutions with outstanding performance. The inspection and evaluation criteria shall include the following: <Newly Inserted on Mar. 6, 2018> |
| 1. | Composition, human resources, facilities, and operational system of integrated service support institutions; |
| 2. | Expertise and efficiency in planning, implementation, and follow-up management of integrated service support; |
| 3. | Utilization of local infrastructure; |
| 4. | Other matters deemed necessary by the Minister of Health and Welfare for inspection and evaluation. |
[Title Amended on Mar. 6, 2018]
| Article 38 (Support for Self-Reliance) |
"Matters prescribed by Presidential Decree" in Article 38 (1) 5 of the Act means the following: | 1. | Development and operation of programs for strengthening capabilities for self-reliance; |
| 2. | Education on self-reliance support for persons engaged in relevant work at child welfare facilities (limited to facilities referred to in Article 52 (1) 1 and 3 through 5 of the Act) and foster care centers. |
[This Article Wholly Amended on Jan. 30, 2024]
| Article 38-2 (Establishment Standards for Institutions Exclusively in Charge of Self-Reliance Support) |
The standards for the establishment of institutions exclusively in charge of self-reliance support under Article 39-2 (1) of the Act (hereinafter referred to as "institution exclusively in charge of self-reliance support") shall be as specified in attached Table 7-2, and the operational standards for institutions exclusively in charge of self-reliance support shall be as specified in attached Table 7-3. [This Article Newly Inserted on Jun. 21, 2022]
| Article 38-3 (Qualification Standards for Persons Engaged in Relevant Work at Institutions Exclusively in Charge of Self-Reliance Support) |
Qualifications for persons engaged in relevant work at institutions exclusively in charge of self-reliance support and the standards for the placement thereof shall be as specified in attached Table 7-4.
[This Article Newly Inserted on Jun. 21, 2022]
| Article 39 (Composition of Council for Promotion of Support for Children's Self-Reliance) |
| (1) | The Council for Promotion of Support for Children's Self-Reliance under Article 41 (1) of the Act (hereinafter referred to as the "Council") shall consist of not more than 11 members, including one chairperson. |
| (2) | The chairperson of the Council shall be appointed by the Minister of Health and Welfare from among members of the Senior Executive Service of the Ministry of Health and Welfare, and each member shall be appointed by the head of the respective agency from among public officials of Grade III or IV from the Office for Government Policy Coordination, the Ministry of Economy and Finance, the Ministry of Education, the Ministry of Science and ICT, the Ministry of the Interior and Safety, the Ministry of Trade, Industry and Energy, the Ministry of Health and Welfare, the Ministry of Employment and Labor, the Ministry of Gender Equality and Family, the Ministry of Land, Infrastructure and Transport, and the Korea Communications Commission. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017> |
| (3) | The Council shall consult and coordinate the following matters: |
| 1. | Support for residence, living, employment, and education necessary for children's self-reliance; |
| 2. | Other matters on which consultation is deemed necessary by the chairperson of the Council in relation to children's self-reliance. |
| (4) | The Council shall have one executive secretary nominated by the Minister of Health and Welfare from among public officials of the Ministry of Health and Welfare. |
| Article 40 (Operation of Council) |
| (1) | The chairperson of the Council shall represent the Council and exercise general supervision over its affairs. |
| (2) | A majority of the members of the Council shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | Where the chairperson of the Council is unable to perform his or her duties due to any unavoidable cause, a member who is a public official of the Ministry of Health and Welfare shall act on behalf of the chairperson. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the operation of the Council shall be determined by the chairperson of the Council following a resolution by the Council. |
| Article 41 Deleted. <Jul. 16, 2019> |
| Article 42 (Standards for Establishment of Specialized Child Protection Agencies) |
The standards for the establishment of specialized child protection agencies and the standards for the placement of employees, including counselors, shall be as specified in attached Table 8, and the operational standards for these specialized child protection agencies shall be as specified in attached Table 9. <Amended on Mar. 6, 2018; Jul. 16, 2019>
| Article 43 (Qualifications for Employees of Specialized Child Protection Agencies) |
The qualification standards for the employees of specialized child protection agencies, including counselors, shall be as specified in attached Table 10. <Amended on Mar. 6, 2018; Jul. 16, 2019>
| Article 44 (Entrusted Operation of Specialized Child Protection Agencies) |
| (1) | Any person intending to be entrusted with the operation of a specialized child protection agency pursuant to Article 45 (4) of the Act shall submit an application for designation to a Mayor/Do Governor or the head of a Si/Gun/Gu. <Amended on Jul. 16, 2019> |
| (2) | Any person intending to apply for designation pursuant to paragraph (1) shall meet all of the following requirements: <Amended on Mar. 6, 2018; Jun. 21, 2022> |
| 1. | It shall have a track record of providing child welfare services for at least three years: Provided, That this shall not apply to a corporation established by the State or a local government for social welfare projects; |
| 2. | It shall meet the standards for the establishment of specialized child protection agencies and the standards for the placement of employees, including counselors, as specified in attached Table 8; |
| 3. | It shall meet the qualification standards specified in attached Table 10, for the employees, including counselors; |
| 4. | It shall secure a budget necessary for performing duties prescribed in Article 46 of the Act. |
| (3) | Where a Mayor/Do Governor or the head of a Si/Gun/Gu entrusts the operation of a specialized child protection agency pursuant to paragraph (1), he or she shall consider the number of children within his or her jurisdiction, the location of a corporation already designated, geographical distance from such corporation, and other relevant factors. <Amended on Jul. 16, 2019> |
| Article 45 (Duties of Specialized Child Protection Agencies) |
| (1) | Deleted. <Jul. 16, 2019> |
| (2) | "Duties related to child abuse prevention activities prescribed by Presidential Decree" in Article 46 (2) 7 of the Act means the following: <Amended on Sep. 26, 2014; Sep. 22, 2016; Apr. 24, 2018; Sep. 29, 2020; Jun. 29, 2021> |
| 1. | Provision of data necessary for entering information on child victims, their families, and child abusers and information on child abuse prevention projects into the child information system; |
| 3. | Provision of services to restore child victims and the functions of their families; |
| 4. | Deleted. <Sep. 26, 2014> |
| Article 45-2 Deleted. <Sep. 29, 2020> |
| Article 45-3 Deleted. <Sep. 29, 2020> |
| Article 45-4 Deleted. <Sep. 29, 2020> |
| Article 46 (Standards for Performance Evaluation of Specialized Child Protection Agencies) |
| (1) | Pursuant to Article 47 (1) of the Act, the Minister of Health and Welfare shall conduct a performance evaluation of specialized child protection agencies in accordance with the following standards: |
| 1. | Appropriateness of the specialized child protection agencies' operation and personnel management; |
| 2. | Expertise of persons engaged in relevant work at the specialized child protection agencies; |
| 3. | Appropriateness of, and the ability to respond to, the process of receiving reports on child abuse and handling on-site investigations; |
| 4. | Performance in supporting child victims and their families; |
| 5. | Follow-up management performance; |
| 6. | Performance in education, public relations, and cooperation projects for the prevention of child abuse. |
| (2) | The Minister of Health and Welfare may grant awards to specialized child protection agencies with outstanding performance evaluation results under paragraph (1) and shall utilize the evaluation results as materials for education and publicity for persons engaged in relevant work at specialized child protection agencies. |
| Article 47 (Standards for Establishment of Foster Care Centers) |
The standards for the establishment of foster care centers and the standards for the placement of employees of foster care centers, including counselors, shall be as specified in attached Tables 11 and 12, respectively. <Amended on Mar. 6, 2018; Jul. 16, 2019>
| Article 48 (Qualification Standards for Employees of Foster Care Centers) |
The qualification standards for the employees of foster care centers, including counselors, shall be as specified in attached Table 13. <Amended on Mar. 6, 2018; Jul. 16, 2019>
| Article 49 (Entrusted Operation of Foster Care Centers) |
| (1) | A person intending to be entrusted with the operation of a foster care center pursuant to Article 48 (4) of the Act shall submit an application for designation to the Mayor/Do Governor or the head of a Si/Gun/Gu. <Amended on Jul. 16, 2019> |
| (2) | A person intending to apply for designation pursuant to paragraph (1) shall meet all of the following requirements: <Amended on Mar. 6, 2018; Mar. 30, 2021> |
| 1. | It shall be any of the following non-profit corporations: |
| (a) | A non-profit corporation that establishes and operates at least one facility among child rearing facilities or temporary protection facilities for children under Article 52 (1) 1 of the Act, or child counseling centers under subparagraph 6 of that paragraph; |
| (c) | Other non-profit corporations recognized by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu; |
| 2. | It shall meet all of the following requirements: |
| (a) | It shall have a track record of providing child welfare services for at least three years; |
| (b) | It shall meet the standards for the establishment of foster care centers and the standards for the placement of employees, including counselors, as specified in attached Table 11; |
| (c) | It shall meet the qualification standards for the employees of foster care centers, including counselors, as specified in attached Table 13; |
| (d) | It shall secure a budget necessary for performing duties prescribed in Article 49 of the Act. |
| Article 50 (Affairs Related to Foster Care Services at National Center and Foster Care Centers) |
| (1) | "Duties prescribed by Presidential Decree with respect to foster care services" in Article 48 (6) 7 of the Act means the following duties: <Amended on Jul. 16, 2019> |
| 1. | Evaluation of foster care centers; |
| 2. | Deleted; <Jun. 29, 2021> |
| 3. | Encouragement and linkage of support by enterprises, organizations, etc. for children in foster care. |
| (2) | "Duties prescribed by Presidential Decree with respect to foster care" in Article 49 (2) 8 of the Act means the encouragement and linkage of support by local communities for children in foster care within the competent area. |
[Title Amended on Jul. 16, 2019]
| Article 50-2 (Measures in the Case of Closure or Suspension of Operation) |
| (1) | Where the head of a child welfare facility intends to close or suspend the operation of a child welfare facility pursuant to Article 51 (2) of the Act, he or she shall provide children using the relevant child welfare facility and their protectors (limited to cases where children have protectors) with sufficient prior explanation of the necessity of, plans, etc. for transferring the relevant child to another child welfare facility (hereinafter referred to as "transfer measures"). |
| (2) | The head of a child welfare facility shall, after giving prior explanation under paragraph (1), request the Mayor/Do Governor or the head of a Si/Gun/Gu to take transfer measures for a child, taking into consideration the opinions of the child using the relevant child welfare facility and his or her protector (limited to cases where he or she has a protector). |
[This Article Newly Inserted on Sep. 22, 2016]
| Article 51 (Reduction of or Exemption from Entrance Fees for Exclusive Facilities for Children) |
| (1) | No exclusive facilities for children under Article 52 (1) 7 of the Act (hereinafter referred to as "exclusive facilities for children") established by the State or a local government pursuant to Article 53 (2) of the Act shall collect entrance fees and use charges from children using such facilities, except as otherwise expressly provided in other statutes or regulations: Provided, That the State or a local government may collect entrance fees and use charges excluding Children's Day and national holidays in extenuating circumstances. |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may encourage persons that have established and operate exclusive facilities for children pursuant to Article 53 (2) of the Act (excluding the State and local governments) to consider reducing or exempting entrance fees, use charges, etc. for children using such facilities in accordance with paragraph (1). <Amended on Mar. 30, 2021> |
| Article 52 (Standards for Placement of Persons Engaged in Relevant Work at Child Welfare Facilities) |
The types, number, and placement standards of persons engaged in relevant work at child welfare facilities under Article 54 (2) of the Act shall be as specified in attached Table 14, and the qualification standards for those workers shall be as specified in attached Table 15. <Amended on Mar. 6, 2018>
| Article 53 (Standards for Administrative Dispositions) |
The standards for administrative dispositions under Article 56 (1) of the Act shall be as specified in attached Table 16. <Amended on Mar. 6, 2018>
| Article 53-2 (Measures in the Case of Suspension of Services and Closure of Facilities) |
| (1) | Where the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu intends to order the suspension of services, revocation of entrustment, or closure of child welfare facilities, etc. pursuant to Article 56 (1) of the Act, he or she shall give sufficient prior explanation regarding the necessity of transfer measures, plans for such measures, etc. to children using the child welfare facilities, etc. and their protectors (limited to children who have protectors; hereafter in this Article the same shall apply) pursuant to paragraph (2) of that Article. |
| (2) | After furnishing prior explanations under paragraph (1), the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall take transfer measures and other necessary actions, taking into account the opinions of children using the child welfare facilities, etc. and their protectors. |
[This Article Newly Inserted on Jun. 21, 2022]
| Article 54 (Subsidizing Expenses) |
| (1) | Pursuant to Article 59 of the Act, the State or a local government may fully or partially subsidize expenses falling under any subparagraph of that Article (in the case of exclusive facilities for children charging use fees, subsidy shall be limited to expenses related to the installation of such facilities) within the budget. In such cases, the ratio of subsidies shall be determined in accordance with the Enforcement Decree of the Subsidy Management Act. |
| (2) | Where the State or a local government subsidizes expenses related to the operation of child welfare facilities pursuant to paragraph (1), it may provide subsidies in consideration of the results of operation of the relevant child welfare facilities, including evaluations of facilities under Article 43-2 of the Social Welfare Services Act. |
| Article 55 (Collection of Expenses) |
| (1) | Pursuant to Article 60 of the Act, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a child welfare facility may collect an amount equivalent to actual expenses from a person under duty to support a child subjected to protective measures: Provided, That where the person under duty to support the child receives subsidies for living expenses pursuant to other statutes or regulations, such amount may be reduced or need not be collected, as determined by the Minister of Health and Welfare. |
| (2) | A Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of a child welfare facility intending to collect expenses under paragraph (1) shall issue written notification of the expenses to be collected and other relevant information, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 55-2 (Procedures and Methods for Preparing Annual Reports) |
| (1) | In order to prepare an annual report under Article 65-2 (1) of the Act, the Minister of Health and Welfare may request the National Center or the research institutes, corporations, or organizations possessing human and physical resources related to child welfare to submit necessary data. <Amended on Jul. 16, 2019> |
| (2) | Where necessary for the prevention of child abuse and the protection of child victims, the Minister of Health and Welfare may provide an annual report to child-related institutions. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for the procedures, methods, etc. for preparing an annual report shall be determined by the Minister of Health and Welfare. |
[This Article Newly Inserted on Apr. 24, 2018]
| Article 56 (Delegation of Authority and Entrustment of Business Affairs) |
| (1) | The Minister of Health and Welfare shall delegate the following authority to the head of a Si/Gun/Gu pursuant to the main clause of Article 68 (1) of the Act: <Amended on Jul. 16, 2019; Sep. 29, 2020> |
| 1. | Provision of meal service under Article 35 (2) 3 of the Act; |
| 2. | Selection of persons eligible for support for integrated service under Article 37 (1) of the Act and the establishment and operation of integrated service support institutions under Article 37 (3) of this Decree. |
| (2) | The Minister of Health and Welfare shall delegate the following authority to Mayors/Do Governors or the heads of Sis/Guns/Gus pursuant to the main clause of Article 68 (1) of the Act: <Newly Inserted on Oct. 6, 2015; Apr. 24, 2018; Jul. 16, 2019; Sep. 29, 2020; Jun. 29, 2021> |
| 1. | Education for persons obligated to report child abuse under Article 26 (2) of the Act; |
| 2. | Entry of information on child victims, their family members, and child abusers under Article 28-2 (2) of the Act; |
| 3. | Inspection and verification of employment, etc. of persons subject to restriction on employment, etc. under Article 29-4 (1) 3 of the Act; |
| 4. | Request for dismissal of persons subject to restriction on employment, etc. and the request for the closure of child-related institutions under Article 29-5 (1) and (2) of the Act; |
| 5. | Imposition and collection of administrative fines under Article 75 of the Act. |
| (3) | The Minister of Education and the Minister of Gender Equality and Family shall delegate the following authority to Mayors/Do Governors, the heads of Sis/Guns/Gus, or the superintendents of education, and the heads of district offices of education pursuant to the proviso of Article 68 (1) of the Act: <Newly Inserted on Oct. 6, 2015; Jul. 16, 2019; Sep. 29, 2020> |
| 1. | Education for persons obligated to report child abuse under Article 26 (2) of the Act; |
| 2. | Inspection and verification of employment, etc. of persons subject to restriction on employment, etc. under Article 29-4 (1) 1 and 4 of the Act; |
| 3. | Request for the dismissal of persons subject to restriction on employment, etc. and the request for the closure of child-related institutions under Article 29-5 (1) and (2) of the Act; |
| 4. | Imposition and collection of administrative fines under Article 75 of the Act. |
| (4) | The Minister of Culture, Sports and Tourism and the Minister of Land, Infrastructure and Transport shall delegate the following authority to Mayors/Do Governors or the heads of Sis/Guns/Gus pursuant to the proviso of Article 68 (1) of the Act: <Newly Inserted on Oct. 6, 2015; Jul. 16, 2019; Sep. 29, 2020> |
| 1. | Inspection and verification of employment, etc. of persons subject to restriction on employment, etc. under Article 29-4 (1) 2 and 5 of the Act; |
| 2. | Request for the dismissal of persons subject to restriction on employment, etc. and the request for the closure of child-related institutions under Article 29-5 (1) and (2) of the Act; |
| 3. | Imposition and collection of administrative fines under Article 75 of the Act. |
| (5) | Pursuant to the proviso of Article 68 (1) of the Act, the Fire Commissioner of the National Fire Agency shall delegate the authority to provide education for persons obligated to report child abuse under Article 26 (2) of the Act to Mayors/Do Governors or the heads of Sis/Guns/Gus. <Newly Inserted on Oct. 6, 2015; Jul. 16, 2019> |
| (6) | A Mayor/Do Governor shall delegate the authority to provide meal services under Article 35 (2) 3 of the Act to the head of a Si/Gun/Gu pursuant to the main clause of Article 68 (1) of the Act. <Amended on Oct. 6, 2015; Jul. 16, 2019> |
| (7) | The Minister of Health and Welfare shall entrust the following affairs to the National Center pursuant to Article 68 (2) of the Act: <Newly Inserted on Jul. 16, 2019; Sep. 29, 2020> |
| 1. | Formulation and implementation of policy measures necessary for the enhancement, etc. of the rights and welfare of children prescribed by the Convention on the Rights of the Child, and education and publicity necessary for such policy measures under Article 4 (6) of the Act; |
| 2. | Child policy impact assessment under Article 11-2 (1) of the Act; |
| 3. | Operation of the committee of experts on child abuse cases under Article 22-5 (1) of the Act (hereinafter referred to as the "committee of experts on cases"); |
| 4. | Support for the operation of integrated service program under Article 37 (1) of the Act; |
| 5. | Establishment and operation of database related to self-reliance support, the development and distribution of self-reliance support programs, case management, etc. under Article 40 of the Act; |
| 6. | Operation of asset formation support programs under Article 43 (1) of the Act. |
[Title Amended on Jul. 16, 2019]
| Article 57 (Processing of Sensitive Information and Personally Identifiable Information) |
| (1) | The State or a local government (including a person to whom relevant authority is delegated or entrusted where the relevant authority is delegated or entrusted; hereafter in this Article the same shall apply) may process data containing resident registration numbers or alien registration numbers (hereafter in this Article referred to as "resident registration numbers, etc.") under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following affairs: <Amended on Oct. 6, 2015; Mar. 27, 2017; Apr. 18, 2017; Apr. 24, 2018; Jul. 16, 2019; Jun. 29, 2021> |
| 1. | Business affairs regarding protective measures, etc. under Article 15 of the Act; |
| 2. | Business affairs regarding discharge of children, etc. subject to protection from facilities under Article 16 of the Act; |
| 2-2. | Business affairs regarding follow-up management of children subject to protection under Article 16-2 of the Act; |
| 3. | Business affairs regarding requests for sentencing loss of parental authority, etc. under Article 18 of the Act; |
| 4. | Business affairs regarding requests for the appointment, etc. of child's guardian under Article 19 of the Act; |
| 4-2. | Business affairs regarding the prevention of abuse of students, etc. and support therefor under Article 22-2 of the Act; |
| 4-3. | Business affairs regarding education for persons obligated to report child abuse under Article 26 of the Act; |
| 4-4. | Business affairs regarding restrictions on employment at child-related institutions under Articles 29-3 and 29-4 of the Act; |
| 5. | Business affairs regarding the provision of meal service under Article 35 (2) 3 of the Act; |
| 6. | Business affairs regarding support for integrated service under Article 37 of the Act; |
| 7. | Business affairs regarding support for self-reliance under Article 38 of the Act; |
| 8. | Business affairs regarding the entrustment of affairs related to self-reliance support under Article 40 of the Act; |
| 9. | Business affairs regarding the operation of asset formation support programs and the management of financial assets under Article 43 of the Act; |
| 10. | Business affairs regarding the establishment, etc. of specialized child protection agencies under Article 45 of the Act; |
| 10-2. | Business affairs regarding the protection of children by specialized child protection agencies under Article 46 of the Act; |
| 11. | Business affairs regarding the establishment, etc. of foster care centers under Article 48 of the Act; |
| 11-2. | Business affairs regarding foster care at foster care centers under Article 49 of the Act; |
| 12. | Business affairs regarding reporting on the establishment of child welfare facilities under Article 50 (2) of the Act; |
| 13. | Business affairs regarding reporting on the suspension, closure, etc. of operation of child welfare facilities under Article 51 of the Act; |
| 14. | Business affairs regarding the improvement of child welfare facilities, suspension of services, closure of facilities, etc. under Article 56 of the Act; |
| 15. | Business affairs regarding investigations of, or inquiries to, children or relevant persons under Article 66 of the Act; |
| 16. | Business affairs regarding hearings under Article 67 of the Act. |
| (2) | The State, local governments, the National Center, or specialized child protection agencies (including persons entrusted with the operation of specialized child protection agencies pursuant to Article 45 (4) of the Act; hereafter in this Article the same shall apply) may process data containing information on health under Article 23 of the Personal Information Protection Act (hereafter in this Article referred to as "health information") or resident registration numbers, etc. if unavoidable to perform the affairs related to the protection, medical treatment, etc. of child victims under Article 22-3 of the Act. <Amended on Apr. 18, 2017; Apr. 24, 2018; Jul. 16, 2019> |
| (3) | The following persons may process data containing health information, information that constitutes criminal history records under subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act (hereafter in this Article referred to as "criminal history information") or resident registration numbers, etc., if unavoidable to perform the following affairs: Provided, That specialized child protection agencies may process data containing criminal history information only when necessary to verify the details of criminal history: <Newly Inserted on Apr. 18, 2017; Apr. 24, 2018; Jul. 16, 2019; May 19, 2020; Sep. 29, 2020; Jun. 29, 2021> |
| 1. | Local governments: Any of the following affairs: |
| (a) | Identification, protection, etc. of child victims under the subparagraphs of Article 22 (3) of the Act; |
| (b) | Formulation of plans for protecting child victims under Article 22-4 (1) of the Act; |
| 2. | Local governments, the National Center, or specialized child protection agencies: Utilization of child abuse-related information or data in the child information system under Article 22 (7) of the Act; |
| 3. | The Minister of Health and Welfare: Any of the following affairs: |
| (a) | Advice of the committee of experts on cases under Article 22-4 (2) of the Act; |
| (b) | Preparation of annual reports under Article 65-2 of the Act; |
| 4. | Specialized child protection agencies: Formulation and implementation of case management plans for child victims under Article 22-4 (4) of the Act. |
| 5. | Judicial police officers, the National Center, or local governments: Notification and receipt of child abuse, etc. under Article 27-2 of the Act; |
| 6. | The State, local governments, the National Center, or the Korea Social Security Information Service: Operation of a child information system under Article 15-2 of the Act or the entry and management of information on child victims, their families, and child abusers under Article 28-2 of the Act; |
| 7. | Foster care centers: Surveys and case management under Article 49 (2) 2 or 4 of the Act. |
| (4) | A person who falls under any of the following subparagraphs may process data containing criminal history information or resident registration numbers, etc. if unavoidable to perform the following affairs: <Newly Inserted on Apr. 18, 2017> |
| 1. | The State and local governments: Placement, etc. of human resources for the protection of safety of children under Article 33 of the Act; |
| 2. | The Commissioner General of the National Police Agency: Designation and operation of children's emergency shelters under Article 34 of the Act. |
| Article 57-2 Deleted. <Mar. 2, 2021> |
| Article 58 (Standards for Imposition of Administrative Fines) |
The standards for the imposition of administrative fines under Article 75 of the Act shall be as specified in attached Table 17. <Amended on Mar. 6, 2018>
ADDENDA <Presidential Decree No. 24018, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012.
Article 2 (Transitional Measures concerning Standards for Establishment of Foster Care Centers and Standards for Placement of Employees, including Counselors)
A person entrusted with the operation of a foster care center pursuant to the previous provisions as at the time this Decree enters into force shall ensure that the relevant foster care center meets the standards for establishment and the standards for the placement of employees, including counselors, under the amended provisions of attached Table 8 by August 6, 2015.
Article 3 (Transitional Measures concerning Qualification Standards for Persons Engaged in Relevant Work at Child Welfare Facilities)
The heads of child welfare facilities, general secretaries, child care workers, welfare workers, counseling advisors, or persons dedicated to supporting self-reliance, all of whom are currently working pursuant to the previous provisions as at the time this Decree enters into force shall be deemed the heads of child welfare facilities, general secretaries, child care workers, welfare workers, counseling advisors, and persons dedicated to supporting self-reliance under the amended provisions of attached Table 12, and shall meet the qualifications under the amended standards of attached Table 12 by the following deadlines:
| 1. | The heads of the facilities: By August 31, 2018; |
| 2. | General secretaries: By August 31, 2016; |
| 3. | Child care workers: By August 31, 2018; |
| 4. | Welfare workers, counseling advisors, and persons dedicated to supporting self-reliance: By August 31, 2015. |
Article 4 (Transitional Measures concerning Types of Occupational Categories, Number of, and Placement Standards for Persons Engaged in Relevant Work at Child Welfare Facilities)
Child welfare facilities under the previous provisions as at the time this Decree enters into force shall place persons engaged in relevant work at child welfare facilities in compliance with the placement standards under the amended provisions of attached Table 11 by August 6, 2015.
Article 5 (Transitional Measures concerning Qualifications for Persons Engaged in Relevant Work at Child Welfare Facilities)
Notwithstanding the amended provisions of attached Table 12, a person employed under the previous provisions who is engaged in relevant work at a child welfare facility as of July 27, 2000, when the amended Enforcement Decree of the Child Welfare Act (Presidential Decree No. 16923) enters into force, shall be deemed qualified as a person engaged in relevant work at a child welfare facility for the corresponding occupational category while he or she is engaged in such work. Article 6 Omitted.
Article 7 (Relationship to Other Statutes or Regulations)
Where the provisions of the previous Enforcement Decree of the Child Welfare Act are cited by other statutes or regulations as at the time this Decree enters into force, if provisions corresponding thereto exist in this Decree, the corresponding provisions of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24328, Jan. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 23, 2013.
Article 2 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the application of standards for imposing administrative fines for violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 25375, Jun. 11, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25642, Sep. 26, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 29, 2014.
Article 2 (Special Cases concerning Qualification Standards for Heads of Specialized Child Protection Agencies)
Notwithstanding the amended provisions of subparagraph 1 of attached Table 7, the head of a specialized child protection agency who is in office as at the time this Decree enters into force shall be deemed qualified as the head of the specialized child protection agency until September 28, 2017.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the provisions of Presidential Decrees amended by Article 5 of this Addenda, which were promulgated before this Decree enters into force but the enforcement date of which has not arrived, shall enter into force on the enforcement dates of the relevant Presidential Decrees. Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 26578, Oct. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 of attached Table 14, the previous provisions shall apply to the imposition of administrative fines for violations committed before this Decree enters into force.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27299, Jun. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2016. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 27507, Sep. 22, 2016>
This Decree shall enter into force on September 23, 2016.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 27993, Apr. 18, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That amendments to the Presidential Decree which were promulgated before this Decree enters into force, but the enforcement date of which has not arrived, from among the Presidential Decrees amended pursuant to Article 8 of Addenda, shall enter into force on the enforcement dates of the relevant Presidential Decrees. Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28481, Dec. 19, 2017>
This Decree shall enter into force on December 20, 2017.
ADDENDA <Presidential Decree No. 28694, Mar. 6, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 23, 2018: Provided, That the amended provisions of the former part of Article 3 (2), Articles 13, 13-3 (4) and (5), and Article 37 shall enter into force on the date of the promulgation. Article 2 (Transitional Measures concerning Administrative Dispositions)
Notwithstanding the amended provisions of attached Table 16, the previous provisions shall apply to the standards for administrative dispositions for violations committed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 28822, Apr. 24, 2018>
This Decree shall enter into force on April 25, 2018: Provided, That the amended provisions of Articles 16 and 18, and subparagraph 2 of Article 23 shall enter into force on the date of the promulgation, and the amended provisions of Articles 26-2 and 55-2 shall enter into force on January 1, 2019.
ADDENDUM <Presidential Decree No. 29627, Mar. 19, 2019>
This Decree shall enter into force on March 23, 2019: Provided, That the amended provisions of Article 12-2 (6) shall enter into force on July 16, 2019, and the amended provisions of Article 38 (1) 4 shall enter into force on January 1, 2020.
ADDENDUM <Presidential Decree No. 29827, Jun. 11, 2019>
This Decree shall enter into force on June 12, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 29987, Jul. 16, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 16, 2019.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 30683, May 19, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31068, Sep. 29, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2020.
Article 2 (Transitional Measures concerning Installation and Operation of Emergency Telephone Lines)
Notwithstanding the amended provisions of Article 24 (1) and of attached Tables 8 and 9, a Mayor/Do Governor and the head of a Si/Gun/Gu may continue to install and operate emergency telephone lines at a specialized child protection agency pursuant to the previous provisions until the date determined and publicly notified by the Minister of Health and Welfare pursuant to Article 3 (1) of the Addenda to the Child Welfare Act as amended by Act No. 17206 (referring to the date before an anti-child abuse official where such assignment occurs before the date of public notification) pursuant to the previous provisions.
ADDENDUM <Presidential Decree No. 31516, Mar. 2, 2021>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 31578, Mar. 30, 2021>
This Decree shall enter into force on March 30, 2021.
ADDENDA <Presidential Decree No. 31843, Jun. 29, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2021: Provided, That the amended provisions of Articles 21-2, 23 (2) 3, 25-2 (1) and (4), 26-3 (excluding paragraph (3)), 45 (2), 50 (1), 56 (2), and 57 (3) and Article 2 (1) of the Addenda shall enter into force on July 1, 2022, and the provisions regarding Article 15-2 of the Act on the Protection of Children and Youth against Sex Offenses in subparagraph 1 of attached Table 7 shall enter into force on September 24, 2021. Article 2 Omitted.
ADDENDA <Presidential Decree No. 32373, Jan. 28, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 28, 2022.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 32447, Feb. 17, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 18, 2022.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 32714, Jun. 21, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 22, 2022: Provided, That the amended provisions of the proviso of Article 44 (2) 1 shall enter into force on the date of the promulgation. Article 2 (Transitional Measures concerning Education on Prevention of Sexual Violence and Child Abuse)
Where the head of a child welfare facility, the head of a child care center under the Child Care Act, the head of a kindergarten under the Early Childhood Education Act, or the head of a school under the Elementary and Secondary Education Act has provided education on the prevention of sexual violence and child abuse pursuant to the previous attached Table 6 before this Decree enters into force, he or she shall be deemed to have provided education on the prevention of sexual violence and child abuse pursuant to the amended provisions of attached Table 6. Article 3 (Transitional Measures concerning Standards for Placement of Employees at Foster Care Centers)
| (1) | A person that has established and operate a foster care center as at the time this Decree enters into force shall ensure that the foster care center meets the standards for the placement of employees, including counselors, under the amended provisions of subparagraph 2 of attached Table 11, within two years from the date this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of subparagraph 1 (a) of attached Table 13, the previous provisions shall apply to the qualification standards for the head of a foster care center who is already in office as at the time this Decree enters into force until he or she remains in office. |
ADDENDA <Presidential Decree No. 33723, Sep. 12, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 15, 2023. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 33771, Sep. 26, 2023>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 33858, Nov. 16, 2023>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 33892, Nov. 28, 2023>
This Decree shall enter into force on December 14, 2023.
ADDENDUM <Presidential Decree No. 34170, Jan. 30, 2024>
This Decree shall enter into force on February 9, 2024.