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STATUTES

THE REPUBLIC OF KOREA

Volume

SINGLE-PARENT FAMILY SUPPORT ACT

Act No. 4121, Apr. 1, 1989

Amended by Act No. 5358, Aug. 22, 1997

Act No. 5453, Dec. 13, 1997

Act No. 5454, Dec. 13, 1997

Act No. 5612, Dec. 30, 1998

Act No. 6024, Sep. 7, 1999

Act No. 6801, Dec. 18, 2002

Act No. 7413, Mar. 24, 2005

Act No. 8119, Dec. 28, 2006

Act No. 8655, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9795, Oct. 9, 2009

Act No. 9932, Jan. 18, 2010

Act No. 10302, May 17, 2010

Act No. 10339, Jun. 4, 2010

Act No. 10582, Apr. 12, 2011

Act No. 11291, Feb. 1, 2012

Act No. 11674, Mar. 22, 2013

Act No. 11690, Mar. 23, 2013

CHAPTER I GENERAL PROVISIONS

Addenda

Article 1 (Purpose)

The purpose of this Act is to contribute to the stabilization of living and to the promotion of welfare of single-parent families by supporting them to lead a healthy and civilized life.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 2 (Responsibility of State, etc.)

(1) The State and local governments shall take the responsibility of promoting welfare of single-parent families.

(2) The State and local governments shall endeavor to protect the rights and interests of single-parent families. <Newly Inserted by Act No. 10582, Apr. 12, 2011>

(3) The State and local governments may take necessary measures such as education and public relations, in order to prevent prejudice and discrimination against single-parent families and ensure that each member of the community will understand and respect the families. <Newly Inserted by Act No. 11674, Mar. 22, 2013>

(4) Every citizen shall cooperate in promoting welfare of single-parent families. <Amended by Act No. 10582, Apr. 12, 2011; Act No. 11674, Mar. 22, 2013>

Article 3 (Rights and Responsibilities of Single-Parent Families)

Article 1 ~ 3

(1) The mother or father of a single-parent family shall not be discriminated in education, employment, etc. due to pregnancy, childbirth or parenting without just ground. <Newly Inserted by Act No. 10582, Apr. 12, 2011>

(2) The mother or father and child of a single-parent family shall endeavor to achieve self-support and to improve the standard of living by making the most of their asset, labor ability, etc. <Amended by Act No. 10582, Apr. 12, 2011>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 4 (Definitions)

The definitions of terms used in this Act shall be as follows: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10582, Apr. 12, 2011; Act No. 11291, Feb. 1, 2012>

1. The term "mother" or "father" means any of the following persons who raises his/her own child or children:

(a) A person who is bereaved of, divorced from, or abandoned by his/her spouse;

(b) A person who has a spouse who has lost his/her labor ability for a long time due to a mental or physical disability;

Article 4

or medical treatment and custody institution, or in military service;

(d) An unmarried person (excluding a person in a de facto marital relationship);

(e) A person corresponding to those defined in items (a) through (c) and prescribed by Ordinance of the Ministry of Gender Equality and Family;

1-2. The term "adolescent single-parent" means a mother or father of 24 years old or under;

2. The term "single-parent family" means either a mother-and-child family or father-and-child family;

3. The term "mother-and-child family" means a family in which mother is the householder (including a person who actually supports members of a household even though she is not the householder);

4. The term "father-and-child family" means a family in which father is the householder (including a person who actually supports members of a household even though he is not the householder);

5. The term "child" means a person under 18 years of age (referring to a person under the age of 22 where he/she attends school);

6. The term "protection

Article 4

agency" means the State or local governments that provide protection under this Act;

7. The term "single-parent family welfare organization" means an agency or organization established to promote the welfare of single-parent families.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 5 (Persons Eligible for Protection)

(1) A person eligible for protection under this Act shall be a person prescribed by Ordinance of the Ministry of Gender Equality and Family, who falls under any of subparagraphs 1, 1-2 and 2 through 5 of Article 4. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10582, Apr. 12, 2011>

(2) In cases of a single-parent family that has a child or children over the age of a child among those eligible for protection under paragraph (1), the rest of family members excluding such child or children shall be eligible for protection. <Newly Inserted by Act No. 10582, Apr. 12, 2011> [This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 5-2 (Special Cases concerning Persons Eligible for Protection)

(1) Notwithstanding Article 5, an unmarried mother who does not raise her child after childbirth and uses a welfare facility for unmarried-mothers-and-children

Article 5 ~ 5-2

families referred to in Article 19 (1) 3 shall be eligible for protection under this Act. <Amended by Act No. 10582, Apr. 12, 2011>

(2) Notwithstanding Article 5, any of the following children and a grandfather or grandmother prescribed by Ordinance of the Ministry of Gender Equality and Family who raises the child shall be eligible for protection under this Act: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10582, Apr. 12, 2011>

1. A child whose parents have both died, or a child in whose case it is unknown whether the child’s parents are alive or dead;

2. A child whose parents have lost their labor ability for a long time due to a mental or physical disability or diseases;

3. A child who cannot be supported due to long-time penal servitude, etc. of his/her parents;

4. A child who cannot be supported because his/her parents have divorced or deserted him/her;

5. A child corresponding to those provided for in subparagraphs 1 through 4 and prescribed by Ordinance of the Ministry of Gender Equality and Family.

(3) If a foreigner prescribed by Presidential Decree, who has married a citizen

Article 5-2

of the Republic of Korea, raises a child with Korean nationality and resides in the Republic of Korea falls under Article 5, he/she shall be eligible for protection under this Act.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 5-3 Deleted. <by Act No. 8655, Oct. 17, 2007>

Article 6 (Fact-Finding Surveys, etc.)

(1) The Minister of Gender Equality and Family shall conduct a fact-finding survey on single-parent families every three years and publish findings from the fact-finding survey in order to utilize such findings for formulating policies to support single-parent families.

(2) The Minister of Gender Equality and Family may request cooperation from related public institutions, or related corporations or organizations, such as submission of necessary data to conduct a fact-finding survey under paragraph (1), and related public institutions, or related corporations or organizations in receipt of such request shall provide cooperation except in extenuating circumstances.

(3) The subject matter and method of fact-finding surveys under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.

[This Article Newly Inserted by Act No. 10582, Apr. 12, 2011]

Article 5-3 ~ 6

Articles 7 and 8 Deleted. <by Act No. 10582, Apr. 12, 2011>

Article 9 (Support for Single-Parent Family Welfare Organizations)

The State or local governments may support single-parent family welfare organizations. <Amended by Act No. 11674, Mar. 22, 2013>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

CHAPTER II DETAILS AND IMPLEMENTATION OF WELFARE

Article 10 (Surveys, etc. on Persons Eligible for Protection)

(1) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall conduct a survey on the family situations and living status of persons eligible for protection within his/her jurisdiction at least once a year. <Amended by Act No. 10302, May 17, 2010; Act No. 10582, Apr. 12, 2011>

(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall prepare and keep the register of findings from a survey conducted under paragraph (1): Provided, That when he/she utilizes an information system under Article 6-2

Article 9 ~ 10

(2) of the Social Welfare Services Act, he/she may prepare and manage the findings from surveys in an electronic form. <Amended by Act No. 10582, Apr. 12, 2011>

(3) Matters necessary for conducting surveys under paragraph (1) and preparing and managing the register under paragraph (2) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 10582, Apr. 12, 2011>

(4) and (5) Deleted. <by Act No. 10582, Apr. 12, 2011>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 11 (Applications for Welfare Benefits)

(1) A person eligible for protection, his/her relative, or any other interested person may file an application for welfare benefits provided for in Article 12 to the Governor of the competent Special Self-Governing Province or the head of the competent Si/Gun/Gu. <Amended by Act No. 10302, May 17, 2010>

(2) A written consent given by a person eligible for protection to the provision of the following data or information shall be submitted when filing an application for welfare benefits under paragraph (1): <Amended by Act No. 11291, Feb. 1, 2012>

1. The average balance of his/her deposit among data or information on the

Article 11

details of financial assets and financial transactions defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other data or information (hereinafter referred to as “financial information") prescribed by Presidential Decree;

2. The amount of debt among credit information defined in subparagraph 1 of Article 2 of the Use and Protection of Credit Information Act and other data or information (hereinafter referred to as "credit information") prescribed by Presidential Decree;

3. Premiums paid after purchasing an insurance policy under the subparagraphs of Article 4 (1) of the Insurance Business Act and other data or information (hereinafter referred to as "insurance information") prescribed by Presidential Decree.

(3) Matters necessary for methods and procedures for filing applications for welfare benefits under paragraph (1) and methods and procedures for obtaining consent under paragraph (2) and other matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Newly Inserted by Act No. 11291, Feb. 1, 2012>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 12 (Details of Welfare Benefits)

(1) Upon receipt of an application for welfare benefits under Article 11, the

Article 12

State or a local government shall grant t following welfare benefits: Provided, That, if any person eligible for protection under this Act receives protection under other Act and subordinate statutes, such as the National Basic Living Security Act, the amount of benefits under this Act shall not be granted within the limits of the benefits provided thereunder: <Amended by Act No. 10582, Apr. 12, 2011>

1. Cost of living;

2. Children education subsidies;

3. Deleted; <by Act No. 10582, Apr. 12, 2011>

4. Childcare expenses;

5. Other expenses prescribed by Presidential Decree.

(2) When the State or a local government pays childcare expenses referred to in paragraph (1) 4, if any unmarried mother or unmarried father raises a child of five years old or under or any adolescent single-parent raises a child, it shall grant an additional welfare benefit to him/her within budgetary limits. In such cases, the same shall also apply where a lineal ascendant of an unmarried mother or unmarried father raises a child of five years old or under. <Amended by Act No. 10582, Apr. 12, 2011>

(3) Where a person eligible for protection under this Act files an application,

Article 12

the State or a local government may additionally pay vocational training expenses and living expenses during the period of training within budgetary limits. <Newly Inserted by Act No. 10582, Apr. 12, 2011>

(4) Standards and procedures for granting welfare benefits under paragraphs (1) through (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 10582, Apr. 12, 2011>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 12-2 (Verification of Grounds for Welfare Benefits, etc.)

(1) The Minister of Gender Equality and Family, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may request a person eligible for protection who files an application for welfare benefits pursuant to Article 11 or person eligible for protection who receives welfare benefits under Article 12 to submit data on his/her income, property, etc. necessary for verifying the occurrence, change or cessation of grounds for welfare benefits, and may have a public official under his/her jurisdiction enter the residence, etc. of a person eligible for protection to examine his/her living conditions, income data, etc. or make necessary inquiries of related persons, such as the employer of the person eligible for protection.

(2) The Minister of Gender Equality and Family, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may

Article 12-2

request the heads of related agencies and institutions to provide him/her with data on national tax, local tax, land, buildings, health insurance, employment insurance, national pension, immigration records, admission to or discharge from a correctional institution or medical treatment and custody institution, military service, resident registration, registration of family relationships, etc. necessary for verifications under paragraph (1). In such cases, the heads of related agencies and institutions in receipt of a request to provide data shall comply therewith unless justifiable grounds exist.

(3) A public official who enters residence, conducts an examination or makes an inquiry under paragraph (1) shall carry a certificate of identification indicating his/her authority and produce it to related persons.

(4) No one who performs or has performed the duties under paragraph (1) or (2) shall use data or other fact he/she has obtained or become aware of in the course of performing his/her duties differently from the purpose provided for in this Act or divulge such data or fact.

[This Article Newly Inserted by Act No. 11291, Feb. 1, 2012]

Article 12-3 (Provision of Financial Information, etc.)

(1) Where the Minister of Gender Equality and Family deems it necessary to verify the occurrence of grounds for welfare benefits with respect to a person eligible for protection who has filed an application for welfare benefits pursuant to Article 11, he/she

Article 12-3

may request the head of a financial institution, etc. (referring to a financial company, etc. as defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and a credit information collection agency as defined in subparagraph 6 of Article 2 of the Use and Protection of Credit Information Act; hereinafter the same shall apply) to provide financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") by a document converting a written consent submitted by a person eligible for protection under Article 11 (2) in an electronic form, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Use and Protection of Credit Information Act.

(2) Where the Minister of Gender Equality and Family deems it necessary to verify the change or cessation of grounds for welfare benefits with respect to a person eligible for protection who receives welfare benefits pursuant to Article 12, he/she may request the head of a financial institution, etc. to provide him/her with financial information, etc. by a document stating personal information according to standards prescribed by Presidential Decree or through an information and communications network, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (2) of the Use and Protection of Credit Information Act.

(3) The head of a financial institution, etc. in receipt of a request to provide financial information pursuant to paragraphs (1) and (2)

Article 12-3

shall provide financial information, etc. of the person in question, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Use and Protection of Credit Information Act.

(4) The head of a financial institution, etc. who has provided financial information, etc. pursuant to paragraph (3) shall notify the relevant person of the fact that he/she has provided financial information, etc.: Provided, That the head of the financial institution, etc. may omit notifications if a relevant person has given his/her consent, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (5) of the Use and Protection of Credit Information Act.

(5) A request to provide financial information, etc. and provision of such financial information, etc. under paragraphs (1) through (3) shall be made via an information and communications network as defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: Provided, That this shall not apply to inevitable cases, such as breakdown of an information and communications network.

(6) No one who performs or has performed the duties under paragraph (1) through (3) shall use financial information, etc. he/she has obtained in the course of performing his/her duties for a purpose other than the purpose provided for in this Act, or provide or divulge such financial information, etc. to any third person

Article 12-3

or institution.

(7) Matters necessary for making a request to provide financial information, etc. and providing such financial information, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 11291, Feb. 1, 2012]

Article 12-4 (Refusal, Change, etc. of Welfare Benefits)

(1) Where a person eligible for protection who has filed an application for welfare benefits pursuant to Article 11 refuses to submit data, or refuses, interferes with or evades an examination or inquiry under Article 12-2 (1), the Minister of Gender Equality and Family, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may refuse to grant welfare benefits.

(2) The Minister of Gender Equality and Family, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may take the following measures with respect to persons eligible for protection who receive welfare benefits under Article 12:

1. Where a person eligible for protection refuses to submit data, or refuses, interferes with or evades an examination or inquiry under Article 12-2 (1): Suspending the payment of welfare benefits;

2. Where grounds for welfare benefits of a person eligible for protection

Article 12-4

have changed or ceased: Changing welfare benefits or suspending the payment of welfare benefits.

[This Article Newly Inserted by Act No. 11291, Feb. 1, 2012]

Article 13 (Lending of Welfare Funds)

(1) In order to promote the stabilization of livelihood and self-support of a single-parent family, the State or local governments may lend any of the following funds:

1. Funds required for business;

2. Expenses for the education of children;

3. Medical expenses;

4. Housing funds;

5. Such other funds necessary for the welfare of a single-parent family as prescribed by Presidential Decree.

(2) The limits, methods, and procedures for lending funds under paragraph (1) and other necessary matters shall be determined by Presidential Decree.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 14 (Acceleration of Employment)

(1) The State or local governments shall conduct workplace skill development

Article 13 ~ 14

raining in consideraion of he capabiliy, apiude, ec. of mothers and children or fathers and children of single-parent families in order to develop their workplace skills.

(2) The State or local governments shall endeavor to place mothers and children or fathers and children of single-parent families in proper occupation and to have them employed preferentially in various kinds of workplaces in order to accelerate employment thereof.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 14-2 (Connection of Employment Support)

(1) The State and local governments shall establish efficient connection between single-parent family related facilities and agencies, and employment security offices pursuant to subparagraph 1 of Article 2-2 of the Employment Security Act in order to expand opportunities for employment of mothers and children or fathers and children of single-parent families. <Amended by Act No. 9795, Oct. 9, 2009>

(2) The Minister of Employment and Labor shall closely cooperate with the Minister of Gender Equality and Family so that employment support projects, etc. for mothers or fathers and children of single-parent families can be promoted effectively. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10339, Jun. 4, 2010>

[This Article Newly Inserted by Act No. 8655, Oct. 17, 2007]

Article 14-2

Article 15 (Installation of Stalls and Service Booths within Public Facilities)

Where the head of a public facility operated by the State or a local government grants permission to install various kinds of stalls and service booths within the public facility, he/she may preferentially grant such permit to single-parent families or single-parent family welfare organizations.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 16 (Priority in Using Public Facilities)

The State or local governments shall endeavor to have children of single-parent families preferentially use public convenient facilities for children and other public facilities.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 17 (Family Support Services)

The State or local governments shall endeavor to provide the following family support services to single-parent families: <Amended by Act No. 10582, Apr. 12, 2011>

1. Childcare and education services;

2. Supporting services for persons with disabilities, senior citizens, patients with chronic diseases, etc.;

Article 15 ~ 17

3. Home services, such as cooking, cleaning or laundering;

4. Services for promoting family ties, such as education or counseling service;

5. Legal aid services, such as legal consulting and legal representation for a request for legal acknowledgment, a claim for childcare expenses, etc.;

6. Other support services for single-parent families prescribed by Presidential Decree.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 17-2 (Educational Support to Adolescent Single-Parents)

(1) The State or a local government may provide the following support depending on the choice of adolescent single-parents so that they can continue their study:

1. Support for maintaining the school register in schools as defined in Article 2 of the Elementary and Secondary Education Act, and support for educational expenses or support for a school qualification examination;

2. Support for educational expenses to academic ability-accredited lifelong educational establishments under Article 31 (2) of the Lifelong Education Act;

3. Educational support under Article 28 of the Elementary and Secondary

Article 17-2

Education Act;

4. Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family for educational support to adolescent single-parents.

(2) The Superintendent of the Office of Education in a Special Metropolitan City, Metropolitan City, Do or Special Self-Governing Province may provide support for conducting itinerant education to single-parent family welfare facilities under Article 19 for educational support referred to in paragraph (1) 3.

(3) The Minister of Gender Equality and Family shall request cooperation from the Minister of Education so that adolescent single-parents can continue their study. <Amended by Act No. 11690, Mar. 23, 2013>

[This Article Newly Inserted by Act No. 10582, Apr. 12, 2011]

Article 17-3 (Support for Payment of Childcare Expenses)

The Minister of Gender Equality and Family shall prepare guidelines for childcare expenses to calculate childcare expenses so that a court may fully utilize such guidelines when it decides on divorce cases.

[This Article Newly Inserted by Act No. 11291, Feb. 1, 2012]

Article 18 (Sale and Rent of Units of National Housing)

In case of the sale

Article 17-3 ~ 18

or rent of the units of national housing as prescribed by the Housing Act, the State or local governments shall endeavor to have a specified percent of the national housing preferentially sold to single-parent families.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

CHAPTER III SINGLE-PARENT FAMILY WELFARE FACILITIES

Article 19 (Single-Parent Family Welfare Facilities)

(1) Single-parent family welfare facilities shall be as follows:

1. Mother-and-child family welfare facilities: Facilities that provide mother-and-child families with at least one of the following convenience:

(a) Support for basic living: Supporting a residence and livelihood for a given period to underprivileged mother-and-child families;

(b) Support for communal living: Supporting a residence, etc. to mother-and-child families having difficulty making independent living for a given period so that they can prepare for self-support through communal living;

Article 19

for a given period to mother-and-child families who have strong desire for self-support.

2. Father-and-child family welfare facilities: Facilities that provide father-and-child families with at least one of the following convenience:

(a) Support for basic living: Supporting a residence and livelihood for a given period to underprivileged father-and-child families;

(b) Support for communal living: Supporting a residence, etc. to father-and-child families having difficulty making independent living for a given period so that they can prepare for self-support through communal living;

(c) Support for self-support living: Supporting a residence for a given period to father-and-child families who have strong desire for self-support;

3. Unmarried mother-and-child family welfare facilities: Facilities that provide unmarried mother-and-child families and unmarried mothers who gave birth to a child with at least one of the following convenience:

(a) Support for basic living: Supporting a residence and livelihood for a given period for safe childbirth during pregnancy and at the time of giving birth to a child of unmarried women, the recovery of both physical and

Article 19

mental health support for childcare after childbirth;

(b) Support for communal living: Supporting a residence, etc. to unmarried mothers who do not raise their children after childbirth, or unmarried mother-and-child families consisting of an unmarried mother and a child so that they can prepare for self-support through communal living for a given period;

4. Temporary supporting welfare facilities: Facilities that support a residence and livelihood to mothers and children or mothers temporarily or for a given period where a physical or mental abuse of their spouses (including a person in a de facto marital relationship) is likely to hinder the sound raising of children or to injure the health of mothers;

5. Single-parent family welfare counseling center: Facilities that aim to provide counseling on single-parent family crisis or self-support or to support solving problems.

(2) Matters necessary for the period of protection in welfare facilities referred to in paragraph (1) 1 through 4 and the extension of such period shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.

[This Article Wholly Amended by Act No. 10582, Apr. 12, 2011]

Article 20 (Establishment of Single-Parent Family Welfare Faciliti

Article 20

es)

(1) The State or local governments may establish single-parent family welfare facilities.

(2) Where an adolescent single-parent requests the head of a single-parent family welfare facility under Article 19 to admit him/her to such welfare facility, the head of such welfare facility shall take measures to give priority to admitting him/her. <Newly Inserted by Act No. 10582, Apr. 12, 2011>

(3) If any person, other than the State or a local government, intends to establish and operate a single-parent family welfare facility, he/she shall file a report with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu. The same shall also apply where he/she intends to modify important matters prescribed by Ordinance of the Ministry of Gender Equality and Family among reported matters. <Amended by Act No. 10302, May 17, 2008; Act No. 10582, Apr. 12, 2011>

(4) No one who operates an adoption agency under Article 10 of the Act on Special Cases concerning the Promotion and Procedure of Adoption shall establish and operate facilities that provide convenience under Article 19 (1) 3 (a). <Newly Inserted by Act No. 10582, Apr. 12, 2011> <<Enforcement Date: Jul. 1, 2015>>

(5) Standards for the establishment and operation of single-parent family welfare

Article 20

facilities, types of occupation of persons working in such facilities, the number thereof and criteria for qualifications therefor, and other matters necessary for filing a report on establishment thereof shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 10582, Apr. 12, 2011>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 21 (Closure or Suspension)

If any person who has filed a report on establishment of a single-parent family welfare facility under Article 20 (3) intends to close or temporarily suspend the operation of such facility, he/she shall, in advance, file a report thereon with the Governor of a Special Self-Governing Province or the head of a competent Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10302, May 17, 2008; Act No. 10582, Apr. 12, 2011>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 22 (Obligation to Comply with Request)

If any person who establishes and operates a single-parent family welfare facility is entrusted by a competent Mayor/Do governor or the head of a competent Si/Gun/Gu to make his/her welfare facility available for a single-parent family, he/she shall not refuse such request without any justifiable grounds.

Article 21 ~ 22

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 23 (Supervision)

(1) The Minister of Gender Equality and Family, a Mayor/Do governor, or the head of a Si/Gun/Gu may require a person who establishes and operates a single-parent family welfare facility to make necessary reports on the welfare facility and also have the relevant public official inspect the operational condition of welfare facility or examine the books and other relevant documents. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

(2) Each relevant public official who performs his/her duties pursuant to paragraph (1) shall show a certificate verifying his/her authority to the interested persons.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 24 (Closure of Facilities, etc.)

Where any single-parent family welfare facility falls under any of the following, the Governor of a Special Self-Governing Province or the head of a competent Si/Gun/Gu may order the suspension or discontinuance of its service, or close the facility: <Amended by Act No. 10302, May 17, 2008; Act No. 10582, Apr. 12, 2011>

1. Where it falls short of the equipment standards provided for in Article

Article 23 ~ 24

20 (5);

2. Where it violates Article 22;

3. Where it fails to file a report required under Article 23 (1) without any just ground or files a false report or where it refuses or evades an inspection or examination.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 24-2 (Hearings)

If a Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu intends to order the discontinuance of service or close a facility in accordance with Article 24, he/she shall hold a hearing. <Amended by Act No. 10302, May 17, 2008>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

CHAPTER IV EXPENSES

Article 25 (Subsidization of Expenses)

The State or local governments may provide subsidies for the covering of expenses required for single-parent family welfare services as determined by Presidential Decree.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 25-2 (Collection of Expenses from Unlawful Recipients)

Article 24-2 ~ 25-2

(1) Where anyone has obtained welfare benefits or has allowed other person to receive welfare benefits by fraudulent or other unlawful means, the protection agency that has paid welfare benefits may collect all or part of the benefits from the person who has received welfare benefits or the person who has allowed other person to receive welfare benefit (hereinafter referred to as an "unlawful recipient").

(2) The amount to collect pursuant to paragraph (1) shall be collected after notifying the unlawful recipient and in cases where the unlawful recipient does not comply with it, it shall be collected pursuant to the examples of disposition of national or local taxes in arrears.

[This Article Newly Inserted by Act No. 8655, Oct. 17, 2007]

Article 26 (Orders to Return Subsidies, etc.)

(1) If the head of a single-parent family welfare facility or the head of a single-parent family welfare organization falls under any of the following subparagraphs, the State or local governments may order him/her to fully or partially return the granted subsidies:

1. Where he/she has violated the conditions for the provision of subsidies;

2. Where he/she has obtained subsidies by fraudulent or other illegal means;

3. Where he/she

Article 26

has don any such act as may b dsignd for prsonal profits in operating the single-parent family welfare facility;

4. Where he/she has violated this Act or any order issued thereunder.

(2) Where there has occurred excessive payment of the welfare benefit already paid to the persons eligible for protection following the change, stoppage or abeyance of welfare benefit, the protection agency shall immediately order them to return all or part of such excessive amount: Provided, That where the persons eligible for protection have spent such excessive amount or have other unavoidable reasons, they may be exempted from such return.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 27 (Prohibition of Transfer, Security and Seizure)

No welfare benefits granted under this Act and entitlement to welfare benefits shall be transferred or provided as a security to any third person, and no one shall seize such welfare benefits.

[This Article Wholly Amended by Act No. 10582, Apr. 12, 2011]

Article 28 (Requests for Review)

(1) If persons

Article 27 ~ 28

eligible for protection, their relatives, or any other interested persons are dissatisfied with welfare benefit under this Act, they may, in writing, apply to the relevant welfare agency for the review of such a decision within 90 days from the date they were notified of the said decision.

(2) The welfare agency shall, upon receipt of an application for review under paragraph (1), review and decide on the matter within 30 days and notify the applicant thereof.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 29 (Penal Provisions)

(1) Any person who uses or divulges financial information, etc., in violation of Article 12-3 (6), shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won. <Newly Inserted by Act No. 11291, Feb. 1, 2012>

(2) Any person who uses or divulges data, etc., in violation of Article 12-2 (4), shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won. <Newly Inserted by Act No. 11291, Feb. 1, 2012>

(3) Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won: <Amended by Act No. 10582, Apr. 12, 2011; Act No. 11291, Feb. 1, 2012>

1. A person who

Article 29

establishes a single-parent family welfare facility without filing a report required under Article 20 (3);

2. A person who continues to provide service after he/she has been ordered to close the facility or to suspend or discontinue the service under Article 24.

(4) Any person who obtains a welfare benefit or allows any third person to obtain a welfare benefit by fraudulent or other unlawful means shall be punished by imprisonment for not more than one year, a fine not exceeding five million won, detention, or a penalty surcharge.

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

Article 30 (Joint Penal Provisions)

If a representative of a corporation, or an agent, employee or servant of a corporation or individual commits an offense under Article 29 in connection with the business of the corporation or individual, not only shall such violator be punished, but also the corporation or individual shall be punished by a fine or penalty under the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business in order to prevent such violation.

[This Article Wholly Amended by Act No. 10302, May 17, 2010]

Article 30-2 (Fines for Negligence)

Article 30 ~ 30-2

(1) Any of the following persons may be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 10582, Apr. 12, 2011>

1. A person who refuses entrustment without just ground, in violation of Article 22;

2. A person who fails to file a report under Article 23 (1) without just ground, or files a false report, or refuses or evades an inspection or examination.

(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Gender Equality and Family, as prescribed by Presidential Decree.

[This Article Newly Inserted by Act No. 10302, May 17, 2010]

Article 31 (Delegation of Authority)

The Minister of Gender Equality and Family or a Mayor/Do governor may delegate part of his/her authority under this Act to the head of a Si/Gun/Gu as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>

[This Article Wholly Amended by Act No. 8655, Oct. 17, 2007]

ADDENDA

(1) (Enforcement Date) This Act shall enter into force on July 1, 1989.

Addenda

ntent>

(2) (Transitional Measures concerning Mother and Child Protection Facilities, etc.) The mother and child protection facilities established under the Child Welfare Act as at the time when this Act enters into force shall be considered as the mother and child welfare facilities established with permission under this Act.

ADDENDA　<Act No.5358, Aug. 22, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on July 1, 1998 (Proviso Omitted.)

Articles 2 through 9 Omitted.

ADDENDA <Act No. 5453, Dec. 13, 1997>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

Article 2 (Transitional Measures pursuant to Amendment of Grassland Act)

(1) and (2) Omitted.

(3) From the enforcement date of this Act till June 30, 1998, the term "closedown

Addenda

of the facility" in the amended provisions of Article 24-2 of the Mother and Child Welfare Act is regarded as "cancellation of permission".

(4) through (8) Omitted.

ADDENDUM <Act No. 5454, Dec. 13, 1997>

This Act shall enter into force on January 1, 1998. (Proviso Omitted.)

ADDENDA <Act No. 5612, Dec. 30, 1998>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Article 2 (Transitional Measures on Change of Name of Women’s Welfare Halls, etc.)

The women’s welfare halls and women’s consultation offices established under the previous provisions at the time of enforcement of this Act shall be considered as the women’s welfare halls and consultation offices for mother and child homes under the amendment to Article 19.

Article 3 (Transitional Measures on Penal Provisions)

The application of penal provisions to any act committed prior to the enforcement

Addenda

of this Act shall be governed by the previous provisions.

ADDENDA <Act No. 6024, Sep. 7, 1999>

Article 1 (Enforcement Date)

This Act shall enter into force on October 1, 2000. (Proviso Omitted.)

Articles 2 through 13 Omitted.

ADDENDA <Act No. 6801, Dec. 18, 2002>

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Transitional Measures for Persons Eligible for Protection)

A mother and child home which is eligible for protection under the previous provisions and a father and child eligible for assistance under the Framework Act on Social Security at the time of enforcement of this Act shall be deemed to be eligible for protection under this Act.

Article 3 (Transitional Measures for Mother and Child Welfare Consulting Center)

Addenda

The mother and child welfare consulting center established under the previous provisions at the time of enforcement of this Act shall be deemed to be the single-parent family welfare counseling center established in accordance with the amended provisions of Article 7.

Article 4 (Transitional Measures for Mother and Child Welfare Consultant)

The mother and child welfare consultant under the previous provisions at the time of enforcement of this Act shall be deemed to be the single-parent family welfare counselor in accordance with the amended provisions of Article 8.

Article 5 (Transitional Measures for Mother and Child Welfare Facilities)

The mother and child welfare facilities under the previous provisions as at the time this Act enters into force shall be deemed to be the single-parent family welfare facility established in accordance with the amended provisions of Article 20.

Article 6 (Transitional Measures for Administrative Dispositions, etc.)

Dispositions and other actions that were made or taken by the protection authority, or otherwise such acts as reports, etc. that were

Addenda

made to the protection authority, under the previous provisions before this Act enters into force shall be deemed to be dispositions and other actions made or taken by the protection authority or such acts as reports, etc. made to the protection authority under this Act.

Article 7 Omitted.

ADDENDA <Act No. 7413, Mar. 24, 2005>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 4 Omitted.

ADDENDA <Act No. 8119, Dec. 28, 2006>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 5-2 shall enter into force on January 1, 2007.

(2) (Transitional Measures concerning Unmarried Mother Facilities) Any unmarried mother facility that is installed and operated pursuant to the previous provisions at the time of the enforcement of this Act shall be deemed an unmarried mother-and-child facility provided for in the amended provisions of Article 19 (1) 5: Provided, That such facility shall meet the facility standards provided for in the provisions of

Addenda

Article 20 (3) within one year from the enforcement date of this Act.

(3) (Transitional Measures concerning Reporting on Unmarried Mother-and Child Joint Living Homes) Anyone who installs and operates an unmarried mother-and-child joint living home at the time of the enforcement of this Act shall meet the facility standards provided for in the provisions of Article 20 (3) within three months from the date on which this Act enters into force and shall make a report thereon to the head of a Si/Gun/Gu.

(4) Omitted.

ADDENDA <Act No. 8655, Oct. 17, 2007>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 6 (12) of Addenda shall enter into force on February 4, 2008.

Article 2 (Transitional Measures concerning Persons Eligible for Protection)

Any person who has been eligible for protection pursuant to the former Single-parent Family Welfare Act at the time when this Act enters into force shall be deemed to have been eligible for protection

Addenda

under this Act.

Article 3 (Transitional Measures concerning Single-Parent Family Welfare Counselors)

Any single-parent family counselor appointed pursuant to the former Single-parent Family Welfare Act at the time when this Act enters into force shall be deemed to have been appointed pursuant to this Act.

Article 4 (Transitional Measures concerning Single-Parent Family Welfare Counseling Centers and Single-Parent Family Welfare Facilities)

Any single-parent family welfare counseling center and single-parent family welfare facility established pursuant to the former Single-parent Family Welfare Act at the time when this Act enters into force shall be deemed to have been established pursuant to this Act.

Article 5 (Transitional Measures concerning Single-Parent Family Welfare Organizations)

Any single-parent family welfare organization pursuant to the former Single-parent Family Welfare Act as at the time this Act enters into force shall be deemed as a single-parent family welfare organization pursuant to this Act.

Article 6 Omitted.

Addenda

Article 7 (Relations with other Acts)

If any part of the previous Single-parent Family Welfare Act is cited in other Acts as at the time this Act enters into force and provisions corresponding thereto exist in this Act, the relevant provisions of this Act shall be deemed to have been cited in lieu of the previous provisions.

ADDENDA <Act No. 8852, Feb. 29, 2008>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)

Articles 2 through 7 Omitted.

ADDENDA <Act No. 9795, Oct. 9, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force three months after the date of its promulgation.

Articles 2 through 6 Omitted.

ADDENDA <Act No. 9932, Jan. 18, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force two months after the date of its promulgation.

Addenda

Articles 2 through 5 Omitted.

ADDENDA <Act No. 10302, May 17, 2010>

(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.

(2) (Transitional Measures) The application of penal provisions of acts committed before this Act enters into force shall be subject to the previous provisions.

ADDENDA <Act No. 10339, Jun. 4, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)

Articles 2 through 5 Omitted.

ADDENDA <Act No. 10582, Apr. 12, 2011>

Article 1 (Enforcement Date)

This Act shall enter into force on January 1, 2012: Provided, That the amended provisions of Articles 5-2 and 19 shall enter into force on July 1, 2012 and the amended provision of Article 20 (4) shall enter into force on July 1, 2015.

Article 2 (Transitional Measures concerning Single-Parent Family W

Addenda

elfare Facilities)

(1) Single-parent family welfare facilities listed in the left column of the following Table under the former provisions as at the time the amended provisions of Article 19 enter into force shall be deemed single-parent family welfare facilities listed in the right columns of the same Table.

Table

(2) When the amended provision of Article 19 (2) applies, a single-parent family admitted to single-parent family welfare facilities under the former provision listed in the left columns of the Table under paragraph (1) shall be a single-parent family admitted to single-parent family welfare facilities listed in the right columns of the Table under paragraph (1).

(3) Any person, an operator of an adoption agency under Article 10 of the Act on Special Cases concerning the Promotion and Procedure of Adoption as at the time the amended provisions of Article 19 enter into force, who operates a facility that provides convenience under the amended provision of Article 19 (1) 3 (a) shall change the relevant facility into a single-parent family welfare facility falling under the amended provisions of Article 19 (1) 1, 2, 3 (b), 4 and 5 or close such facility by June 30, 2015.

Article 3 Omitted.

ADDENDA <Act No. 11291, Feb. 1, 2012>

Addenda

Article 1 (Enforcement Date)

This Act shall enter into force six months after the date of its promulgation.

Article 2 (Applicability to Submission of Written Consent when Filing Applications for Welfare Benefits)

The amended provisions of Article 11 (2) shall apply from the first application for welfare benefits filed after this Act enters into force.

ADDENDUM <Act No. 11674, Mar. 22, 2013>

This Act shall enter into force six months after the date of its promulgation.

ADDENDA <Act No. 11690, Mar. 23, 2013>

Article 1 (Enforcement Date)

(1) This Act shall enter into force on the date of its promulgation.

(2) Omitted.

Articles 2 through 7 Omitted.

Addenda

SINGLE-PARENT FAMILY SUPPORT ACT
- Articles
- Addenda

1. 한부모가족지원법

2025-10-01 / 제21065호 / 시행 2025-10-01
SINGLE-PARENT FAMILY SUPPORT ACT

2. 한부모가족지원법

2024-12-03 / 제20548호 / 시행 2024-12-03
SINGLE-PARENT FAMILY SUPPORT ACT

3. 한부모가족지원법

2023-07-18 / 제19555호 / 시행 2025-07-19
SINGLE-PARENT FAMILY SUPPORT ACT

4. 한부모가족지원법

2023-04-11 / 제19340호 / 시행 2023-10-12
SINGLE-PARENT FAMILY SUPPORT ACT

5. 한부모가족지원법

2020-10-20 / 제17540호 / 시행 2020-10-20
SINGLE-PARENT FAMILY SUPPORT ACT

6. 한부모가족지원법

2018-12-18 / 제15989호 / 시행 2019-06-19
SINGLE-PARENT FAMILY SUPPORT ACT

7. 한부모가족지원법

2018-01-16 / 제15355호 / 시행 2018-07-17
SINGLE-PARENT FAMILY SUPPORT ACT

8. 한부모가족지원법

2017-12-12 / 제15212호 / 시행 2018-06-13
SINGLE-PARENT FAMILY SUPPORT ACT

9. 한부모가족지원법

2016-12-20 / 제14448호 / 시행 2016-12-20
SINGLE-PARENT FAMILY SUPPORT ACT

10. 한부모가족지원법

2016-03-02 / 제14069호 / 시행 2016-09-03
SINGLE-PARENT FAMILY SUPPORT ACT

11. 한부모가족지원법

2015-03-11 / 제13216호 / 시행 2015-09-12
SINGLE-PARENT FAMILY SUPPORT ACT

12. 한부모가족지원법

2014-01-21 / 제12330호 / 시행 2014-01-21
SINGLE-PARENT FAMILY SUPPORT ACT

13. 한부모가족지원법

2013-03-23 / 제11690호 / 시행 2013-03-23
SINGLE-PARENT FAMILY SUPPORT ACT

14. 한부모가족지원법

2013-03-22 / 제11674호 / 시행 2013-09-23
SINGLE-PARENT FAMILY SUPPORT ACT

15. 한부모가족지원법

2012-02-01 / 제11291호 / 시행 2012-08-02
SINGLE-PARENT FAMILY SUPPORT ACT

16. 한부모가족지원법

2011-04-12 / 제10582호 / 시행 2012-01-01
SINGLE-PARENT FAMILY SUPPORT ACT

17. 한부모가족지원법

2010-06-04 / 제10339호 / 시행 2010-07-05
SINGLE-PARENT FAMILY SUPPORT ACT

18. 한부모가족지원법

2010-05-17 / 제10302호 / 시행 2010-08-18
SINGLE-PARENT FAMILY SUPPORT ACT

19. 한부모가족지원법

2010-01-18 / 제9932호 / 시행 2010-03-19
SINGLE-PARENT FAMILY SUPPORT ACT

20. 한부모가족지원법

2009-10-09 / 제9795호 / 시행 2009-10-09
SINGLE-PARENT FAMILY SUPPORT ACT

21. 한부모가족지원법

2008-02-29 / 제8852호 / 시행 2008-02-29
SINGLE-PARENT FAMILY SUPPORT ACT

22. 모·부자복지법

2006-12-28 / 제8119호 / 시행 2007-03-29
SINGLE-PARENT FAMILY WELFARE ACT

23. 모·부자복지법

2005-03-24 / 제7413호 / 시행 2005-03-24
SINGLE-PARENT FAMILY WELFARE ACT

24. 모·부자복지법

2002-12-18 / 제6801호 / 시행 2003-06-19
SINGLE-PARENT FAMILY WELFARE ACT

25. 모자복지법

1999-09-07 / 제6024호 / 시행 2000-10-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

26. 모자복지법

1998-12-30 / 제5612호 / 시행 1999-03-31
MOTHER AND FATHERLESS CHILD WELFARE ACT

27. 모자복지법

1997-12-13 / 제5454호 / 시행 1998-01-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

28. 모자복지법

1997-12-13 / 제5453호 / 시행 1998-01-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

29. 모자복지법

1997-08-22 / 제5358호 / 시행 1998-07-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

30. 모자복지법

1989-04-01 / 제4121호 / 시행 1989-07-01
MOTHER AND FATHERLESS CHILD WELFARE ACT

Mother-and-child protection facilities	Mother-and-child family welfare facilities
Mother-and-child self-support facilities
Mother-and-child joint living homes
Father-and-child protection facilities	Father-and-child family welfare facilities
Father-and-child self-support facilities
Father-and-child joint living homes
Unmarried mother-and-child facilities	Unmarried mother-and-child family welfare facilities
Unmarried mother-and-child joint living homes
Unmarried mother joint living homes
Temporary protection facilities	Temporary supporting welfare facilities