| Article 2 (Formulation of Social Service Master Plan) |
| (2) | The head of the relevant central administrative agency shall prepare a draft master plan for each relevant jurisdiction in accordance with the guidelines for formulating master plans notified pursuant to paragraph (1) and submit it to the Minister of Health and Welfare, and the Minister of Health and Welfare shall formulate a comprehensive master plan. |
| (3) | "Matters ... prescribed by Presidential Decree" in Article 5 (2) 10 of the Act means the following: |
| 1. | Matters regarding the establishment of an institutional foundation for social service policies; |
| 2. | Matters regarding international cooperation related to social services policies; |
| 3. | Any other matters the Minister of Health and Welfare deems particularly necessary to improve social services. |
| Article 2-2 (Fact-Finding Survey on Social Services) |
| (1) | If deemed necessary for the efficient formulation of a master plan, the Minister of Health and Welfare may annually conduct a fact-finding survey on social services under the former part of Article 5 (1) of the Act (hereinafter referred to as “fact-finding survey”). |
| (2) | The fact-finding survey shall include the following: |
| 1. | Matters regarding the current status of use of social services by life cycle and service field, the level of satisfaction with the use of social services, etc.; |
| 2. | Matters regarding the operation of institutions providing social services, employment of social service workers, etc.; |
| 3. | Any other matters the Minister of Health and Welfare deems particularly necessary to formulate social service master plans. |
[This Article Newly Inserted on Feb. 13, 2024]
| Article 3 (Formulation of Regional Social Service Plans) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si (including the head of an administrative Si under Article 11 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall submit a regional social service plan formulated pursuant to Article 5 (3) of the Act (hereinafter referred to as "regional plan") to the head of the competent central administrative agency. |
| (2) | Upon receiving a regional plan under paragraph (1), the head of the competent central administrative agency shall submit such plan to the Minister of Health and Welfare. |
| (3) | If a master plan is formulated or modified, a Mayor/Do Governor or the head of a Si/Gun/Gu shall incorporate relevant matters in the regional plans under his or her jurisdiction to ensure alignment of the master plan with the regional plan pursuant to Article 5 (3) of the Act. |
| (4) | The head of the competent central administrative agency may recommend that the relevant Mayor/Do Governor and the head of the relevant Si/Gun/Gu adjust the details of a regional plan under his or her jurisdiction, if it is necessary to modify the details thereof due to, among other things, their inconsistency with a master plan. |
| Article 4 (Establishment of City/Do Public Agency for Social Service) |
Matters necessary for establishing a City/Do public agency for social service under Article 7 (1) of the Act (hereinafter referred to as "City/Do public agency for social service") shall be as follows: | 3. | Location of its main office; |
| 4. | Names and resident registration numbers of its executive officers (including address in cases of the President); |
| 5. | Total amount of its assets. |
| Article 5 (Examination of Feasibility of Establishment of City/Do Public Agency for Social Service) |
| (1) | When examining the feasibility of the establishment of a City/Do public agency for social service pursuant to Article 9 (1) of the Act, a Mayor/Do Governor shall examine the following: |
| 1. | Appropriateness of investments and projects by local governments; |
| 2. | Effects on residents' welfare; |
| 3. | Effects on the regional economy; |
| 4. | Effects on local finance; |
| 5. | Appropriateness of organizational and staffing needs. |
| (2) | Upon completing a feasibility examination under paragraph (1), a Mayor/Do Governor shall disclose the results thereof on the website of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, Do, a Special Self-Governing Province (hereinafter referred to as "City/Do") or on local daily newspapers, etc. within seven days. In such cases, the Mayor/Do Governor shall also publish matters regarding the methods and procedures for presenting opinions in order to hear from local residents, etc. on the feasibility examination results under paragraph (1). |
| Article 6 (Consultation on Establishment of City/Do Public Agency for Social Service) |
| (1) | If a Mayor/Do Governor intends to request consultation on the establishment of a City/Do public agency for social service pursuant to Article 9 (2) of the Act, he or she shall submit a plan for the establishment of a City/Do public agency for social service to the Minister of Health and Welfare, accompanied by the following: |
| 1. | Scope and details of the project; |
| 2. | Services and goods to be offered; |
| 3. | Expected annual revenue and expenditure for 5 years after establishment; |
| 4. | Plans for payment of subsidies and financing plans for 5 years after establishment; |
| 5. | Management plans for human resources of the City/Do public agency for social service for 5 years after establishment. |
| (2) | Upon receiving a request for consultation under paragraph (1), the Minister of Health and Welfare shall notify the Mayor/Do Governor of the results of consultation within 1 month of receiving such request. |
| Article 7 (Projects of City/Do Public Agency for Social Service Due to Disasters) |
Pursuant to Article 10 (1) 1 of the Act, a City/Do public agency for social service may provide emergency care services if a void occurs in care services for children, senior citizens, persons with disabilities, etc. due to any of the following disasters or crisis situations: | 3. | Other disasters or crisis situations determined by the Minister of Health and Welfare, which correspond to those specified in subparagraphs 1 and 2. |
| Article 8 (Standards for, and Scope of, Preferential Entrustment of Projects) |
| (1) | “Misconduct prescribed by Presidential Decree such as violence or sexual violence against a recipient of social services or social service worker” in Article 11 (2) 2 of the Act means the following acts: |
| 14. | Other crimes falling under subparagraphs 1 through 8, which are subject to aggravated punishment under other statutes. |
| (2) | “Institutions providing social services or programs prescribed by Presidential Decree, such as institutions located in a vulnerable area” in Article 11 (2) 3 of the Act means the following institutions or projects: |
| 1. | Institutions providing social services which implement pilot projects and relevant projects under Article 6 (1) of the Act; |
| 2. | Institutions providing social services that support projects under Article 10 (1) 2 or 3 of the Act or relevant projects; |
| 3. | Institutions providing social services in islands and remote areas under the Act on the Promotion of Education in Islands and Remote Areas or social service projects for residents living in such areas; |
| 5. | Institutions providing social services such as counseling and education to prevent abuse of children, senior citizens, persons with disabilities, etc. or relevant projects; |
| 6. | Other Institutions providing social services or projects deemed necessary to be entrusted with priority given the public nature, expertise of the projects, as determined by the Minister of Health and Welfare or the Mayor/Do Governor. |
| (3) | Except as provided in paragraphs (1) and (2), matters necessary for preferential entrustment shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 9 (Matters to Be Entered in Articles of Incorporation) |
"Matters prescribed by Presidential Decree" in Article 13 (1) 9 of the Act means the following: | 1. | Methods for publicly announcing important matters, such as the establishment of a City/Do public agency for social service; |
| 2. | Matters regarding acting on behalf of the president; |
| 3. | Other important matters related to the operation of a City/Do public agency for social service, such as the details and methods of profit-making business, etc. |
| Article 10 (Composition and Operation of Executive Officer Recommendation Committee) |
| (1) | A City/Do public agency for social service shall establish an executive officer recommendation committee under Article 14 (1) of the Act (hereinafter referred to as "executive officer recommendation committee") within the periods classified as follows: |
| 1. | If the term of office of an executive officer of the City/Do public agency for social service expires: 2 months before expiration; |
| 2. | If it is necessary to appoint a new executive officer of the City/Do public agency for social service for a reason other than the expiration of term of office: 1 month from the date on which such reason occurs. |
| (2) | A majority of the members of the executive officer recommendation committee shall constitute a quorum, any resolution thereof shall require the concurring vote of a majority of those present. |
| (3) | The chairperson of the executive officer recommendation committee (hereinafter referred to as the "chairperson") shall be elected by and among members of the committee (hereinafter referred to as "members"), and the chairperson shall represent the committee and preside over its meetings. |
| (4) | The executive officer recommendation committee shall remain in existence until a recommended person is appointed as an executive officer of the City/Do public agency for social service. |
| (5) | If a member falls under any of the following subparagraphs, he or she shall be excluded from deliberation and resolution by the executive officer recommendation committee: |
| 1. | If the member or his or her current or former spouse is recommended as a candidate for an executive officer; |
| 2. | If the member is or was a relative of a person recommended as a candidate for an executive officer; |
| 3. | If a person who provides support, including advice, has a stake in a corporation, an organization, etc. to which the member belongs. |
| (6) | If the circumstances indicate that it would be impracticable to expect fair deliberations or resolutions by a member, a person recommended as a candidate for an executive officer of a City/Do public agency for social service may file a motion for challenge to the member with the executive officer recommendation committee, which decide whether or not to accept the motion by resolution of the committee. In such cases, the challenged member shall not participate in the resolution. |
| (7) | In cases falling under any subparagraph of paragraph (5), the relevant member shall recuse himself or herself from deliberation and resolution on the relevant agenda item. |
| (8) | If a member falls under any of the following subparagraphs, the chairperson may dismiss the relevant member: |
| 1. | If the member becomes unable to perform his or her duties due to a mental or physical disability; |
| 2. | If the committee member commits misconduct with regard to duties; |
| 3. | If the member is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 4. | If the member fails to recuse himself or herself despite falling under any subparagraph of paragraph (5); |
| 5. | If the member voluntarily admits that it is difficult for him or her to perform his or her duties. |
| (9) | Except as provided in the Act or this Decree, matters necessary for the composition, operation, etc. of the executive officer recommendation committee shall be prescribed by the articles of incorporation of a City/Do public agency for social service. |
| Article 11 (Procedures for Recommendation of Candidates for Executive Officers) |
| (1) | If an executive officer recommendation committee publicly recruits candidates for executive officers pursuant to Article 14 (2) of the Act, it shall publicly announce such recruitment on the website, etc. of the relevant City/Do and City/Do public agency for social service for at least 15 days: Provided, That where unavoidable for prompt employment, the period of public announcement may be shortened with the approval of the Mayor/Do Governor. |
| (2) | The executive officer recommendation committee shall recommend at least two candidates for executive officers of a City/Do public agency for social service within the periods classified as follows: Provided, That where there is any unavoidable reason such as a need for public re-recruitment due to fewer than two eligible candidates, the committee may extend the period for recommending candidates for executive officers in consultation with the Mayor/Do Governor, and where it is impracticable to recommend at least two candidates for executive officers as a result of the extension of the recommendation period, it may recommend one candidate for executive officers in consultation with the Mayor/Do Governor: |
| 1. | If the term of office of an executive officer expires: Before the expiration of the term of office; |
| 2. | If it is necessary to appoint a new executive officer for any reason other than the expiration of his or her term of office: Within 3 months from the date on which such reason occurs. |
| (3) | If a candidate for an executive officer recommended pursuant to paragraph (2) falls under any ground for disqualification as executive officers under Article 19 (1) of the Act or is deemed significantly inappropriate for the operation of a City/Do public agency for social service, the Mayor/Do Governor may request the executive officer recommendation committee to re-recommend another candidate. |
| (4) | Upon receiving a request under paragraph (3), the executive officer recommendation committee shall, without delay, re-recommend candidates for executive officers. |
| Article 12 (Appointment of Executive Officers) |
“Persons prescribed by Presidential Decree, such as experts from academic circles and fields related to social services and persons belonging to organizations representing institutions providing social services, organizations representing social service workers, or civic groups (referring to non-profit, non-governmental organizations defined in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act; hereinafter the same shall apply)” in Article 16 (3) of the Act means the following persons: | 1. | Experts in social service-related academic and fields; |
| 2. | Those who are affiliated with organizations representing institutions providing social services or organizations representing social service workers, or civic groups; |
| 3. | Public officials in charge of social services. |
| Article 13 (Term of Office of Executive Officers) |
In the following cases, a Mayor/Do Governor may have an executive officer of a City/Do public agency for social service whose term of office has expired under Article 17 (1) of the Act continue to perform his or her duties until a successor is appointed: | 1. | If procedures for his or her re-appointment are underway for consecutive appointment; |
| 2. | If the Mayor/Do Governor deems it necessary for him or her to act on behalf of a successor until the successor is appointed. |
| Article 14 (Dismissal of Executive Officers) |
| (1) | If the president of a City/Do public agency for social service falls under the grounds for dismissal under Article 18 (2) 2 of the Act shall be determined by considering the trends, etc. in the results of management evaluation and work performance evaluation for the last 2 years. |
| (2) | Detailed standards for the grounds for the dismissal of executive officers of a City/Do public agency for social service under the subparagraphs of Article 18 (1) of the Act and the subparagraphs of paragraph (2) of that Article shall be prescribed by the standard operating guidelines under the provisions, with the exception of the subparagraphs, of Article 37 (1) of the Act. |
| Article 15 (Board of Directors) |
| (1) | The president of a City/Do public agency for social service shall convene and preside over meetings of the board of directors under Article 20 of the Act (hereinafter referred to as "board of directors"). |
| (2) | Any resolution of the board of directors shall require the attendance of a majority of all members and the concurring vote of a majority of those present. |
| Article 16 (Submission of Business Plan and Budget Statement) |
| (1) | The business plan under Article 27 (1) of the Act shall separately indicate the objectives, policies, and main contents of the business activities and the corresponding budgetary requirements. |
| (2) | The budget statement referred to in Article 27 (1) of the Act shall be accompanied by the following documents: |
| 1. | General budget provisions; |
| 2. | Statement of revenue and expenditures; |
| 3. | Estimated statement of financial position and estimated statement of profit or loss; |
| 4. | Other documents necessary for clarifying the details of the budget statement. |
| (3) | When approving a business plan and budget statement pursuant to Article 27 (1) of the Act, a Mayor/Do Governor shall examine whether the details thereof are appropriate for the City/Do public agency for social service to fulfill their responsibilities under Article 8 of the Act. |
| (4) | The closing statement under Article 27 (3) of the Act shall be accompanied by the following documents: |
| 1. | Financial statements and accompanying documents; |
| 3. | Comparative tables of business plans for the relevant year and results of its execution. |
| Article 17 (Establishment of Korea Central Public Agency for Social Service) |
Matters to be registered for the establishment of the Korea Central Public Agency for Social Service under Article 31 (1) of the Act (hereinafter referred to as the "Korea Central Public Agency for Social Service") shall include the following: | 3. | Location of its main office; |
| 4. | Names and resident registration numbers of its executive officers (including address in cases of the President); |
| 5. | Total amount of its assets. |
| Article 18 (Contributions by Korea Central Public Agency for Social Service) |
| (1) | The Korea Central Public Agency for Social Service shall submit a budget request for the following year to the Minister of Health and Welfare by March 31 each year, along with the following documents: |
| 1. | Business plan and fund revenue and expenditure plan for the following year; |
| 2. | Estimated statement of financial position and estimated statement of profit or loss for the following years; |
| 4. | Other documents necessary for clarifying the details of the budget statement. |
| (2) | If the Korea Central Public Agency for Social Service intends to receive contributions or subsidies under Article 31 (4) of the Act, it shall submit an application for payment to the Minister of Health and Welfare, along with a quarterly business plan and a budget execution plan, no later than 15 days before the beginning of the relevant quarter. |
| (3) | Upon receiving an application for payment under paragraph (2), the Minister of Health and Welfare shall grant contributions or subsidies if the quarterly business plan and budget execution plan are deemed reasonable. |
| (4) | The Korea Central Public Agency for Social Service shall use the contributions or subsidies received for the purposes prescribed in the quarterly business plans and budget execution plans. |
| Article 19 (Integrated Disclosure of Results of Management Evaluation) |
| (1) | The Minister of Health and Welfare shall determine matters necessary for integrated disclosure, such as items, standards, and procedures for the integrated disclosure of the results of management evaluation under Article 36 (1) of the Act (hereinafter referred to as "integrated disclosure"), and shall notify the president of the relevant City/Do public agency for social service of such matters by July 31 each year. |
| (2) | The integrated disclosure shall be posted on the website of the Ministry of Health and Welfare or made public by other means by August 31 each year. |
| Article 20 (Entrusted Operation of Integrated Support System for Public Agencies for Social Service) |
Pursuant to Article 38 (2) of the Act, the Minister of Health and Welfare shall entrust business affairs regarding the establishment and operation of an integrated support system for public agencies for social service under paragraph (1) of that Article to the following institutions: | 1. | The Korea Central Public Agency for Social Service; |
| Article 20-2 (Entrustment of Business Affairs) |
| (1) | Pursuant to Article 41 (2) of the Act, the Minister of Health and Welfare may entrust the Korea Central Public Agency for Social Service or a specialized institution recognized by the Minister of Health and Welfare as having the necessary organization, human resources, expertise, etc. to conduct a fact-finding survey pursuant to Article 41 (2) of the Act. |
| (2) | If the Minister of Health and Welfare entrusts affairs pursuant to paragraph (1), he or she shall publicly announce the institutions entrusted with the affairs and the details of the entrusted affairs on the Ministry’s website. |
[This Article Newly Inserted on Feb. 13, 2024]
| Article 21 (Procedures and Methods for Receiving Donations) |
| (1) | Upon receiving donations under Article 43 (1) of the Act, a City/Do public agency for social service shall record the receipt of the donations in its book and issue a receipt to the donors: Provided, That where it is unable to identify the donor, such as where the donor has not disclosed his or her name, a receipt may not be issued. |
| (2) | The City/Do public agency for social service shall indicate the amount of the relevant donations, state that the donations are eligible for tax benefits, and display a serial number on the receipt issued under paragraph (1). |
| (3) | The donations under Article 43 of the Act shall be used solely for the purposes, if any, designated by the donor: Provided, That the following donations may be used for a similar purpose with the consent of the donor: |
| 1. | Donations, the purpose of which cannot be achieved if used for the purposes designated by the donor; |
| 2. | Donations remaining after fulfilling the purposes designated by the donor. |
| (4) | If a City/Do public agency for social service intends to use donations for similar purposes pursuant to the proviso of paragraph (3) and if it is unable to obtain consent from a donor, such as in cases of anonymous donations or unknown donors, the City/Do public agency for social service may use them for other purposes after posting notice on the bulletin board and website of the agency, as determined by the Minister of Health and Welfare: Provided, That donated items that are perishable or difficult to store, such as food, may be used without posting. |
| Article 22 (Processing of Personally Identifiable Information) |
| 1. | Registration of establishment under Articles 7 (3) and 31 (2) of the Act; |
| 2. | Verification of grounds for disqualification under Article 19 (1) of the Act. |
| Article 23 (Standards for Imposition of Administrative Fines) |
The standards for imposing administrative fines under Article 45 (1) of the Act shall be as specified in the attached Table.
ADDENDA <Presidential Decree No. 32552, Mar. 22, 2022>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 25, 2022.
Article 2 (Special Cases concerning Budget Requests for Korea Central Public Agency for Social Service)
| (1) | Notwithstanding Article 18 (1), the Korea Central Public Agency for Social Service shall submit a budget request for the year following its establishment within 1 month from the date of registration of the establishment. |
| (2) | Notwithstanding Article 18 (2), the Korea Central Public Agency for Social Service that intends to receive the first contribution or subsidy after its establishment shall submit an application for payment within 1 month from the date of registration of the establishment. |
ADDENDUM <Presidential Decree No. 34218, Feb. 13, 2024>
This Decree shall enter into force on the date of its promulgation.