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ENFORCEMENT DECREE OF THE CHILD CARE SUPPORT ACT

Presidential Decree No. 32304, Dec. 31, 2021

 Article 1 (Purposes)
The purpose of this Decree is to prescribe matters mandated by the Child Care Support Act and matters necessary for the enforcement thereof.
 Article 2 (Qualifications of Child Care Providers)
“Qualification prescribed by Presidential Decree” in Article 7 (1) of the Child Care Support Act (hereinafter referred to as the "Act") means any of the following qualifications:
1. Qualifications for child care teachers under Article 21 (2) of the Child Care Act;
2. Qualifications for teachers under Article 22 (2) of the Early Childhood Education Act;
4. Qualifications for medical personnel under Article 2 (1) of the Medical Service Act.
 Article 3 (Scope of Financial Information)
The scope of financial information, credit information, and insurance information (hereinafter referred to as "financial information, etc.") that a guardian and his or her family members shall consent to provide when applying for subsidization of expenses for child care services pursuant to Article 22 (2) of the Act shall be as follows:
1. Financial information prescribed in Article 22 (2) 1 of the Act:
(a) Demand deposits such as ordinary deposits, savings deposits, free savings deposits, and foreign currency deposits: Average balance within the last three months;
(b) Time and savings deposits, such as time deposits, installment savings deposits, and installment savings: Deposit balance or total amount of deposits;
(c) Stocks, beneficiary certificates, investments, investment shares, and real estate trusts, pension trusts: The final market price; and in such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to assessing the value of unlisted stocks;
(d) Bonds, promissory notes, checks, debt certificates, certificates of preemptive right to new stocks, or transferable deposit certificates: Face value;
(e) Annuity savings: Amount paid periodically or the final balance;
2. Credit information prescribed in Article 22 (2) 2 of the Act:
(a) Status of loans and details of payment in arrears;
(b) Unpaid credit card amount;
3. Insurance information prescribed in Article 22 (2) 3 of the Act:
(a) Insurance policies: Amount to be refunded if an insurance contract is canceled, or insurance money paid within the last year;
(b) Annuity insurance: Amount to be refunded if an insurance contract is canceled, or amount of money paid periodically.
 Article 4 (Request for and Provision of Financial Information)
(1) The documents referred to in Article 23 (1) of the Act shall include the following:
1. Names and resident registration numbers;
2. The scope of financial information, etc. referred to in Article 23 (1) of the Act (hereinafter referred to as "financial information, etc.") requested, and the base date and period for inquiry into such information.
(2) If the head of a financial institution, etc. requested to provide financial information, etc. pursuant to Article 23 (2) of the Act (hereinafter referred to as "financial institution, etc.") provides the relevant financial information, etc. to the Minister of Gender Equality and Family or the head of a local government, he or she shall include the following:
1. Names and resident registration numbers of persons whose financial information, etc. is provided;
2. Names of financial institutions, etc. providing financial information, etc.;
3. Names and account numbers of financial products to be provided;
4. Details of financial information, etc.
(3) The Minister of Gender Equality and Family or the head of a local government may request the head of a financial institution, etc. to provide financial information, etc. referred to in paragraph (1) through the information and communications networks of associations or federations of which the relevant financial institution, etc. are a member.
 Article 5 (Delegation and Entrustment of Authority)
(1) Pursuant to Article 34 (1) of the Act, the Minister of Gender Equality and Family shall delegate his or her authority over the suspension or revocation of qualification as a child care provider under Articles 32 and 33 of the Act to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu) who has designated a service-providing institution that can provide child care services pursuant to Article 11 (1) of the Act.
(2) Pursuant to Article 34 (2) of the Act, the Minister of Gender Equality and Family may entrust continuing education for child care providers under Article 10 (1) of the Act to an educational institution designated pursuant to Article 9 (1) of the Act.
(3) Pursuant to Article 34 (2) of the Act, the Minister of Gender Equality and Family shall entrust the following affairs to the Korea Social Security Information Service under Article 29 (1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries: <Amended on Dec. 31, 2021>
1. Request for the provision of financial information, etc. under Article 23 (1) of the Act;
2. Request for the provision of data under Article 24 (2) of the Act.
 Article 6 (Processing of Sensitive Information and Personally Identifiable Information)
(1) The Minister of Gender Equality and Family and the head of a local government (if the authority of the Minister of Gender Equality and Family and the head of a local government is delegated or entrusted, a person to whom the authority is delegated or entrusted shall be included) may process information constituting criminal history records prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act and data containing resident registration numbers, passport numbers, or alien registration numbers prescribed in subparagraph 1, 2, or 4 of Article 19 of that Decree, if unavoidable to perform the following affairs:
1. Verification of grounds for disqualification as a child care provider under Article 6 of the Act;
2. Provision of continuing education for child care providers under Article 10 of the Act;
3. Establishment and operation of child care sharing centers under Article 19 of the Act;
4. Issuance of certificates for verification of identity of child care helpers under Article 19-2 of the Act;
5. Subsidization, in whole or in part, of expenses incurred in providing child care services under Article 20 of the Act;
6. Provision of child care vouchers under Article 21 of the Act;
7. Application for subsidization of expenses for child care services, request for the provision of financial information, etc., and verification of eligibility for subsidization under Articles 22 through 24 of the Act;
8. Construction and operation of electronic systems under Article 25 of the Act;
9. Suspension or revocation of qualification as a child care provider under Articles 32 and 33 of the Act.
(2) The heads of the following institutions may process data containing resident registration numbers, passport numbers, or alien registration numbers referred to in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the affairs prescribed in the relevant subparagraphs:
1. An educational institution designated under Article 9 (1) of the Act: Education courses for child care providers under that Article;
2. The central child care support center designated under Article 10-3 (1) of the Act: Operation of the information system under paragraph (2) 5 of that Article;
3. A metropolitan child care support center designated under Article 10-4 (1) of the Act: Employment of child care providers, signing up of employment contracts, service management, and purchase of indemnity insurance policies under paragraph (2) 1 and 2 of that Article;
4. A service-providing agency designated under Article 11 (1) of the Act: Provision of child care services under that Article.
[This Article Wholly Amended on Dec. 31, 2021]
 Article 6-2 (Re-Examination of Regulation)
The Minister of Gender Equality and Family shall examine the appropriateness of the qualifications for child care providers under Article 2 every three years, counting from January 1, 2014 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements.
[This Article Newly Inserted on Dec. 30, 2013]
 Article 7 (Standards for Imposition of Administrative Fines)
The standards for imposing administrative fines under Article 37 (2) of the Act shall be as specified in the attached Table.
ADDENDUM <Presidential Decree No. 24003, Jul. 31, 2012>
This Decree shall enter into force on August 2, 2012.
ADDENDUM <Presidential Decree No. 24871, Nov. 20, 2013>
This Decree shall enter into force on November 29, 2013.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 11 Omitted.
ADDENDUM <Presidential Decree No. 32304, Dec. 31, 2021>
This Decree shall enter into force on January 1, 2022.