Infant Care Act


Published: 2009-03-20

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the promotion of family welfare by fostering infants to healthy members of the society through the nurturing of their minds and bodies and their sound education, and by helping their guardians conduct economic and social activities smoothly.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 9165, Dec. 19, 2008>
1. The term "infant" means a child who is under the age of six before entering school;
2. The term "infant care" means the social welfare service concerning support for nursery facilities and home fostering taking care of and fostering infants in a healthy and safe manner and providing infants with the education meeting the characteristics of their mental and physical development;
3. The term "nursery facilities" means the facilities for taking care of infants entrusted by guardians;
4. The term "guardian" means a person in parental authority, a tutor and other person who is actually taking care of an infant; and
5. The term "employees in nursery facilities" means the heads of nursery facilities, infant care teachers and other employees, who are in charge of infant care, health care of infants and consultation with guardians, and affairs of management and operation of nursery facilities.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 3 (Concept of Infant Care)   print
(1) Infant care services shall be rendered in consideration of the infant's interests as the first priority.
(2) Infant care services shall be rendered so that infants can grow up healthily in a safe and comfortable environment.
(3) Infants shall be taken care of with no discrimination due to their or their guardians' gender, age, religion, social standing, property status, disabilities, place of birth, etc.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 4 (Responsibility)   print
(1) All people shall have responsibility to take care of infants healthily.
(2) The State and local governments together with guardians shall have responsibility to take care of infants healthily.
(3) The head of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply) shall secure appropriate nursery facilities to take care of infants.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 5 (Infant Care Policy Coordination Committee)   print
(1) The Infant Care Policy Coordination Committee (hereinafter referred to as the "Infant Care Policy Coordination Committee") shall be established under the Prime Minister to coordinate opinions of the Ministries concerned on infant care policy.
(2) The Infant Care Policy Coordination Committee shall deliberate on and coordinate the matters falling under each of the following subparagraphs:
1. Matters concerning the keynote of infant care policy;
2. Matters concerning the improvement of relevant systems of infant care and budgetary support;
3. Matters concerning cooperation among the Ministries concerned for infant care; and
4. Other matters placed on the agenda by the chairperson.
(3) The Infant Care Policy Coordination Committee shall be comprised of 12 or less members, including a chairperson. The head of the Office for Government Policy Coordination shall be the chairperson and the persons falling under each of the following subparagraphs shall be members of the Infant Care Policy Coordination Committee: <Amended by Act No. 8852, Feb. 29, 2008>
1. The Vice Minister of Education and Human Resources Development, the Vice Minister for Health and Welfare, the Vice Minister of Labor, the Vice Minister for Health, Welfare and Family Affairs, and the Vice Minister of Planning and Budget; and
2. Each person representing infant care circles, infant education circles, women's circles, social and welfare circles, civil groups and guardians, who are commissioned by the chairperson on the recommendation of the members referred to in subparagraph 1.
(4) Necessary matters concerning the organization and operation, etc. of the Infant Care Policy Coordination Committee shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 6 (Infant Care Policy Committees)   print
(1) The Central Infant Care Policy Committee shall be established within the Ministry for Health, Welfare and Family Affairs, and local infant care policy committees shall be established in Special Metropolitan City, Metropolitan City, Do and Special Self-Governing Province (hereinafter referred to as "City/ Do") and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to deliberate on various policies, projects, infant care guidance, and evaluation of facilities concerning infant care: Provided, That where another suitable committee exists to take charge of the function of a local infant care policy committee and members of the other committee meet the qualifications referred to in paragraph (2), the other committee may assume the functions of the local infant care policy committee as prescribed by Municipal Ordinances of City/Do or Si/Gun/Gu. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Members of the Central Infant Care Policy Committee and local infant care policy committees referred to in paragraph (1) (hereinafter referred to as "infant care policy committees") shall be comprised of infant care specialists, heads of nursery facilities, representatives of infant care teachers, representatives of guardians, persons representing the public interest, public officials concerned, etc.
(3) Matters necessary for the composition, function, operation, etc. of the infant care policy committees shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 7 (Infant Care Information Center)   print
(1) The Minister for Health, Welfare and Family Affairs shall establish and operate the Central Infant Care Information Center, and Special Metropolitan City Mayor, Metropolitan City Mayor, Do governor, and Special Self-Governing Province governor (hereinafter referred to as the "Mayor/Do governor") and the head of each Si/Gun/Gu shall establish and operate local infant care information centers for the collection and provision of information and consultations concerning infant care. Where it is recognized as necessary, an infant care information center for infant care of babies and disabled infants, etc. may be established and operated separately. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Heads of infant care information centers and infant care specialists in charge of the provision of information and consultations, etc. concerning infant care shall be employed by the Central Infant Care Information Center and local infant care information center under paragraph (1) (hereinafter referred to as "infant care information center").
(3) The Minister for Health, Welfare and Family Affairs, the Mayor/Do governor, and the head of Si/Gun/Gu may entrust corporations and organizations, etc. related to infant care with operation of infant care information centers. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Matters necessary for the establishment, operation and functioning of infant care information centers, qualifications for and duties of the heads of infant care information centers and infant care specialists, the entrustment and the revocation of entrustment of infant care information centers, etc. shall be prescribed by Presidential Decree
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 8 (Infant Care Development Institute)   print
(1) The Minister for Health, Welfare and Family Affairs may establish an infant care development institute for the affairs of research and provision of information, development of programs and teaching materials, development of evaluation standards, and education and training of employees, etc. for infant care or entrust the related research institute, etc. with such affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for the establishment and operation, and entrustment, etc. of the infant care development institute under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 9 (Investigation of Actual Conditions of Infant Care)   print
(1) The Minister for Health, Welfare and Family Affairs shall investigate the actual conditions of infant care every 5 years for the proper enforcement of this Act. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Matters necessary for methods and contents, etc. of the investigation of the actual conditions of infant care under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER II ESTABLISHMENT OF NURSERY FACILITIES
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 Article 10 (Type of Nursery Facilities)   print
The type of nursery facilities shall be as provided for in each of the following subparagraphs:
1. National or public nursery facilities: Nursery facilities established and operated by the State or local governments;
2. Nursery facilities of corporations: Nursery facilities established and operated by social and welfare corporations established under the Social Welfare Services Act (hereinafter referred to as "social welfare corporations");
3. Nursery facilities of places of work: Nursery facilities established and operated by business proprietors for their employees (including nursery facilities established and operated by the State or the heads of local governments for relevant public officials);
4. Nursery facilities in homes: Nursery facilities established and operated by individuals at their home and in places corresponding thereto;
5. Nursery facilities of guardians' associations: Nursery facilities established and operated by associations formed by guardians; and
6. Private nursery facilities: Nursery facilities not falling under any of the provisions of subparagraphs 1 through 5.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 11 (Establishment and Implementation of Infant Care Plans)   print
(1) In order to promote the smooth operation of infant care services, the Minister for Health, Welfare and Family Affairs shall establish and implement infant care plans, including supply and demand plans for nursery facilities through the deliberation of the Central Infant Care Policy Committee, and the Mayor/Do governor and the head of Si/Gun/Gu shall establish and implement the same through deliberation of the relevant local infant care policy committee. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister for Health, Welfare and Family Affairs, Mayor/Do governor and head of Si/Gun/Gu may, if deemed necessary to establish and implement infant care plans under paragraph (1), request nursery facilities, corporations and organizations, etc. related to infant care to submit materials, etc. The nursery facilities, corporations and organizations, etc. receiving such request shall comply with such request if there are no justifiable reasons otherwise. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for details, timing of establishment, procedures, etc. of infant care plans under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 11-2 (Securing Nursery Facilities or Sites for Nursery Facilities)   print
The Mayor/Do governor or the head of Si/Gun shall endeavor to secure nursery facilities or sites for nursery facilities in the development, maintenance and improvement and preparation projects operated under the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Site Development Promotion Act, the Industrial Sites and Development Act, the Special Act on the Construction, etc. of Public Housing. <Amended by Act No. 9511, Mar. 20, 2009>
[This Article Newly Inserted by Act No. 8851, Jan. 17, 2008]
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 Article 12 (Establishment, etc. of National or Public Nursery Facilities)   print
The State and local governments shall establish and operate national or public nursery facilities. In such cases, the national or public nursery facilities shall be preferentially established in vulnerable areas, such as densely populated urban low income residential areas and agricultural and fishing communities, etc. pursuant to infant care plans under Article 11.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 13 (Establishment of Nursery Facilities Other Than National or Public Nursery Facilities)   print
(1) A person who intends to establish and operate nursery facilities other than national or public nursery facilities shall obtain authorization from the head of Si/Gun/Gu. The same shall also apply where he/she intends to modify important details of the authorized matters.
(2) Matters necessary for the authorization under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 14 (Establishment, etc. of Nursery Facilities of Place of Work)   print
(1) The business proprietor of a place of business exceeding a certain scale prescribed by Presidential Decree shall establish nursery facilities at the places of work: Provided, That when the business proprietor of a place of business is unable to establish such nursery facilities at the place of work alone, the nursery facilities of place of work shall be established and operated jointly by the business proprietors, or infant care of the employees' children shall be supported under the contract of entrustment with regional nursery facilities, or an allowance for infant care shall be paid to the employees.
(2) Matters necessary for establishment and entrustment contracts of nursery facilities and the payment of infant care allowance under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 15 (Establishment Standards for Nursery Facilities)   print
A person who intends to establish and operate nursery facilities shall be throughly furnished to meet the establishment standards prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 16 (Disqualifications)   print
No person who falls under any of the following subparagraphs shall establish and operate any nursery facilities:
1. A minor, an incompetent person, or a quasi-incompetent person;
2. A mental patient;
3. A person addicted to narcotics, marijuana or psychotropic drugs;
4. A person who was declared bankrupt but has not yet been reinstated;
5. A person for whom three years have not elapsed since his/her imprisonment without labor or heavier punishment was completely executed (including cases where the execution is deemed completed) or waived;
6. A person who is under a suspended sentence of imprisonment without labor or heavier punishment as declared by a court; and
7. A person for whom one year has not elapsed since he/she was ordered to close nursery facilities under Article 45.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER III EMPLOYEES IN NURSERY FACILITIES
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 Article 17 (Disposition of Employees in Nursery Facilities)   print
(1) Nursery facilities shall have employees for such nursery facilities.
(2) Matters necessary for the standards of disposition of employees in nursery facilities, etc. shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 18 (Duties of Employees in Nursery Facilities)   print
(1) The head of nursery facilities shall take overall control of the nursery facilities, guide and supervise infant care teachers and other employees, and take care of infants.
(2) Infant care teachers shall take care of infants and shall exercise the duties of the head of nursery facilities on his/her behalf when he/she can not exercise his/her duties due to unavoidable reasons.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 19 (Appointment and Dismissal of Employees in Nursery Facilities)   print
(1) The head of Si/Gun/Gu shall manage the matters concerning appointment, dismissal and career, etc. of employees in nursery facilities for assurance of their rights and interests and improvement of their working conditions.
(2) The head of nursery facilities shall report matters concerning the appointment and dismissal of employees in nursery facilities to the head of Si/Gun/Gu as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 20 (Disqualifications)   print
A person who falls under any of the following subparagraphs shall not be in the employ of nursery facilities:
1. A person who falls under any subparagraph of Article 16;
2. A person whose qualifications have been suspended pursuant to Article 46 or 47; and
3. A person for whom one year has not elapsed since his/her qualifications were cancelled pursuant to Article 48.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 21 (Qualifications for Head of Nursery Facilities or Infant Care Teachers)   print
(1) The heads of nursery facilities shall be a person who have qualifications prescribed by Presidential Decree and who have acquired a certificate of qualifications approved and granted by the Minister for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) Infant care teachers shall be persons who fall under any of the following subparagraphs and who have acquired a certificate of qualifications approved and granted by the Minister for Health, Welfare and Family Affairs: <Amended by Act No. 8851, Jan. 17, 2008; Act No. 8852, Feb. 29, 2008>
1. A person who has acquired an academic degree of higher than a two-year bachelor, and completed a course related to infant care with the credits prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs from a school under Article 2 of the Higher Education Act;
1-2. A person who is recognized to have an academic background equivalent to or higher than a person who has graduated from a school under Article 2 of the Higher Education Act under the Act and subordinate statutes and who has acquired an academic degree of higher than a two-year bachelor and completed a course related to infant care with the credits prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs; and
2. A person who has graduated from a high school or any other school equivalent to or higher than high school and has completed a course in education and training facilities prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs.
(3) Infant care teachers pursuant to paragraph (2) shall be graded I, II, III, and the standards for qualifications by grade shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 22 (Issuance of Certificate of Qualifications for Heads of Nursery Facilities or Infant Care Teachers)   print
(1) The Minister for Health, Welfare and Family Affairs shall examine the qualifications of the heads of nursery facilities or infant care teachers pursuant to Article 21 (1) and (2) and issue certificates of qualifications. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister for Health, Welfare and Family Affairs may receive the fee as prescribed by Ordinance of the Ministry for Health, Welfare and family Affairs from persons who have been issued or reissued with a certificate of qualification for the head of nursery facilities or infant care teacher pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for the examination of qualifications and the issuance of certificate of qualifications, etc. pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 22-2 (Prohibitions of Name Lending, etc.)   print
No head of any nursery facilities nor infant care teacher shall have any other person perform the affairs of the head of the nursery facilities or such infant care teacher by using his/her name or the title of the nursery facilities, or lend his/her certificate of qualifications to such other person.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 23 (Supplementary Education)   print
(1) The Minister for Health, Welfare and Family Affairs shall conduct supplementary education to improve the quality of employees in nursery facilities. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The supplementary education pursuant to paragraph (1) shall be divided into on-the-job education and advancement education.
(3) The Minister for Health, Welfare and Family Affairs may conduct the supplementary education pursuant to paragraph (1) through entrustment to a university (including junior college) or specialized institute prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Matters necessary for the period, method and contents of the supplementary education pursuant to paragraph (1), the entrustment and the revocation of entrustment of the supplementary education to specialized institutes, etc. shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER IV OPERATION OF NURSERY FACILITIES
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 Article 24 (Standards for Operation of Nursery Facilities, etc.)   print
(1) A person who establishes and operates nursery facilities shall operate such pursuant to the standards for operation of nursery facilities prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The State or local governments may entrust the operation of national or public nursery facilities established under Article 12 with corporations, organizations, or individuals. In this case, the first entrustment shall be by means of open tender: Provided, That the same shall not apply where the State or local governments entrust the operation to any of the following subparagraphs: <Amended by Act No. 8851, Jan. 17, 2008>
1. A person who has established and operated the nursery facilities before the donation where the private nursery facilities are converted to national or public nursery facilities by donation to the State or a local government;
2. A person who has donated the site or building concerned, when establishing national or public nursery facilities, to the State or a local government or has allowed the State or a local government to use it without compensation; and
3. A person who has established and operated the nursery facilities prior to the conversion where the private nursery facilities established under the Housing Act is converted to national or public nursery facilities.
(3) A business proprietor who has established nursery facilities of a place of work pursuant to Article 14 may entrust the operation of the nursery facilities with corporations, organizations or individuals.
(4) Matters necessary for the entrustment of nursery facilities, etc. pursuant to paragraphs (2) and (3) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 25 (Nursery Facilities Operating Committee)   print
(1) The head of nursery facilities may establish and operate a nursery facilities operating committee within the nursery facilities to enhance autonomy and transparency in the operation of the nursery facilities and to operate infant care meeting the actual conditions and specific characteristics of the region by strengthening ties with the regional community: Provided, That nursery facilities which should preferentially conduct vulnerable infant care under Article 26 and nursery facilities prescribed by Presidential Decree shall establish and operate a nursery facilities operating committee.
(2) A nursery facilities operating committee shall be comprised of the head of the nursery facilities concerned, a representative of infant care teachers, a representative of infants' parents, and the person of the regional community (in cases of nursery facilities of places of work, the person in charge of the affairs of the nursery facilities of places of work concerned shall be in place of him/her).
(3) The head of nursery facilities may determine the fixed number of members of the nursery facilities operating committee within the extent of not less than five members and not more than ten members considering the scale of the nursery facilities, etc.
(4) A nursery facilities operating committee shall deliberate on the following matters:
1. Matters concerning establishment or amendment of operational rules of nursery facilities;
2. Matters concerning reports of the budget and the settlement of accounts of nursery facilities;
3. Matters concerning the health, nutrition, and safety of infants;
4. Matters concerning operation of nursery facilities, such as infant care time and the operation method of infant care courses; and
5. Other matters concerning proposal and recommendation on the operation of nursery facilities.
(5) Other matters necessary for establishment and operation of nursery facilities operating committees shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 26 (Preferential Operation of Vulnerable Infant Care)   print
(1) The head of nursery facilities established by the State, local governments, social welfare corporations and other nonprofit corporations, and the head of nursery facilities prescribed by Presidential Decree shall preferentially conduct the infant care of babies, disabled infants, infants of multicultural families under subparagraph 1 of Article 2 of the Support for Multicultural Families Act, etc. (hereinafter referred to as "vulnerable infant care"). <Amended by Act No. 9165, Dec. 19, 2008>
(2) The Minister for Health, Welfare and Family Affairs, the Mayor/Do governor and the head of Si/Gun/Gu shall formulate and conduct the various policies needed to vitalize vulnerable infant care. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for the type, operation, etc. of vulnerable infant care shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 27 (Eligibility for Nursery Facilities)   print
Infants who require infant care shall be eligible, in principle, for the use of nursery facilities: Provided, That the head of any nursery facilities may, if necessary, extend the infant care by up to 12 years in full.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 28 (Preferential Provision of Infant Care)   print
(1) The head of nursery facilities established by the State, local governments, social welfare corporations and other nonprofit corporations, and of nursery facilities prescribed by Presidential Decree shall enable the persons falling under any of the following subparagraphs to preferentially use nursery facilities: Provided, That the head of nursery facilities which has been established and operated by public organizations or nonprofit corporations which have been entrusted with the establishment and operation of employment promotion facilities pursuant to Article 21 (2) of the Framework Act on Employment Policy may enable workers' children to use such nursery facilities preferentially: <Amended by Act No. 8655, Oct. 17, 2007; Act No. 8852, Feb. 29, 2008>
1. Beneficiaries under the National Basic Living Security Act;
2. Children of persons eligible for protection under Article 5 of the Single Parent Family Support Act;
3. Children of the second classes of needy under Article 24 of the National Basic Living Security Act;
4. Children of disabled persons of the grade of disability or higher prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs from among the disabled persons under Article 2 of the Welfare of Disabled Persons Act; and
5. Children of other persons prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs considering the level of income, etc.
(2) A business proprietor shall enable children of workers of his/her place of business to preferentially use the nursery facilities of the place of work.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 29 (Infant Care Courses)   print
(1) Infant care courses shall be comprised of the curricula that can promote the bodily, emotional, linguistic, social and cognitive development of infants.
(2) The Minister for Health, Welfare and Family Affairs shall develop and spread standard infant care courses and, if necessary, modify and supplement such standard infant care courses through the review of their curricula. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The head of nursery facilities shall endeavor to take care of infants pursuant to the standard infant care courses under paragraph (2).
(4) Specific curricula of the infant care courses pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 29-2 (Records of Life in Nursery Facilities)   print
The head of nursery facilities shall prepare and manage a record of life of each infant pursuant to the standards prescribed by the Minister for Health, Welfare and Family Affairs by comprehensive observance and evaluation of the conditions of development, etc. of such infant so that it may be used for living guidance of the infant and for guidance linked with elementary school education. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 30 (Evaluation Certifications of Nursery Facilities)   print
(1) The Minister for Health, Welfare and Family Affairs may conduct an evaluation certification for nursery facilities to improve qualitative standards for infant care services. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister for Health, Welfare and Family Affairs may entrust public or private institutions and organizations, etc. with affairs concerning evaluation certification of nursery facilities pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(3) Matters necessary for conducting evaluation certifications, etc. for nursery facilities pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister for Health, Welfare and Family Affairs may receive fees necessary for evaluation certification as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs from persons who have established and operate nursery facilities and wish to receive the evaluation certification pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(5) The Minister for Health, Welfare and Family Affairs may provide nursery facilities with necessary support for conducting infant care according to the outcome of evaluation certification pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER V HEALTH, NUTRITION AND SAFETY
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 Article 31 (Health Care and Emergency Measures)   print
(1) The head of nursery facilities shall take care of the health of infants and employees in the nursery facilities through regular medical checkups, etc.
(2) The head of nursery facilities shall, if any emergency situation occurs to infants due to disease, accident, or disaster, immediately transport them to an emergency medical institution.
(3) Matters necessary for medical checkups, etc. pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 31-2 (Mutual Aid Business for Safety of Nursery Facilities)   print
(1) Nursery facilities may conduct a mutual aid business for safety of nursery facilities (hereinafter referred to as the "mutual aid business") through a cooperative organization of nursery facilities with permission of the Minister for Health, Welfare and Family Affairs in order to prevent an accident of nursery facilities and compensate infants and employees of nursery facilities or such for loss of their lives or injuries due to a safety accident of nursery facilities.
(2) A mutual aid association for safety of nursery facilities (hereinafter referred to as the "mutual aid association") established for the mutual aid business shall be a corporation and be formed by registration of establishment at the seat of the head office.
(3) Nursery facilities which have joined the mutual aid association shall pay an investment, etc. necessary in order to execute the mutual aid business to the mutual aid association.
(4) An endowment of the mutual aid association shall be created with investments, etc. of members: Provided, That the Minister for Health, Welfare and Family Affairs may subsidize a part of expenses necessary for establishment and operation of the head office of the mutual aid association.
(5) Qualifications for a member, matters concerning an executive and matters concerning the standards for a share in investments of the mutual aid association shall be prescribed by the articles of association.
(6) The standards and procedures for permission of establishment, particulars to be stated in the articles of association, matters necessary for operation and supervision or such of the mutual aid association shall be prescribed by Presidential Decree.
(7) The mutual aid association shall determine the regulations on mutual aid including matters necessary for operation of the mutual aid business such as the scope of the mutual aid business, fees for mutual aid, a liability reserve for appropriation to the mutual aid business, etc. and obtain permission thereof from the Minister for Health, Welfare and Family Affairs. The same shall also apply when it is intended to change the regulations on mutual aid.
(8) The provisions on an incorporated foundation of the Civil Act shall apply mutatis mutandis to the mutual aid association except for the matters prescribed in this Act.
(9) The Insurance Business Act shall not apply to the mutual aid business of the mutual aid association under this Act.
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
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 Article 32 (Treatment and Preventive Measures)   print
(1) The head of nursery facilities shall, if an infant is infected or is apt to infection with disease as a result of a medical checkup pursuant to Article 31, take necessary measures for treatment and prevention of the disease in consultation with the guardian of the infant concerned.
(2) The head of nursery facilities may, if necessary to take the measures of paragraph (1), request a public health center or a public health center branch pursuant to Articles 7 and 10 of the Regional Public Health Act or a medical institution pursuant to Article 3 of the Medical Service Act for cooperation.
(3) The head of the public health center, of the public health center branch, or of the medical institution requested for cooperation pursuant to paragraph (2) shall take appropriate measures.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 33 (Management of Meals)   print
The head of nursery facilities shall provide infants with nutritionally balanced, wholesome and safe meals as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER VI EXPENSES
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 Article 34 (Obligations for Expenses)   print
(1) The State and local governments shall bear the expenses, in whole or in part, incurred in infant care of children of beneficiaries under the National Basic Living Security Act and of households below the income level prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The expenses incurred in infant care under paragraph (1) may be supported differently, considering the income of households and residential areas, etc.
(3) The State and a local government may support additionally in case of two children or more. <Newly Inserted by Act No. 9165, Dec. 19, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 34-2 (Fostering Allowance)   print
(1) The State and a local government may support fostering expenses for infants who do not use nursery facilities or kindergartens under Article 2 of the Early Childhood Education Act in consideration of age of an infant and economic level of his/her guardian.
(2) Matters necessary for objects and standards, etc. for support of expenses under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
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 Article 34-3 (Coupon for Nursing Service)   print
(1) The State and a local government may supply a coupon for nursing service (hereinafter referred to as the "coupon") to support expenses under Articles 34 (1), 34-2 and 35.
(2) The Minister for Health, Welfare and Family Affairs and the head of a local government may entrust a public agency or a private agency and organization with affairs on the coupon.
(3) Matters necessary for the coupon shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs.
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
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 Article 34-4 (Application for Support of Expenses)   print
(1) A guardian of an infant may apply for support of expenses under Articles 34 (1), 34-2 and 35.
(2) When an application under paragraph (1) is made, a written consent of a guardian and his/her family members to proffer of data or information of the following subparagraphs shall be presented:
1. The average balance at the bank and other data or information prescribed by Presidential Decree (hereinafter referred to as the "financial information") from among data or information on the details of financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Guarantee of Secrecy;
2. An amount of a debt and other data and information prescribed by Presidential Decree (hereinafter referred to as the "credit information") from among credit information under subparagraph 1 of Article 2 of the Use and Protection of Credit Information Act; and
3. Premiums paid for insurances under the subparagraphs of Article 4 (1) of the Insurance Business Act and other data and information prescribed by Presidential Decree (hereinafter referred to as the "insurance information").
(3) Methods of and procedures for application for support of expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs, and matters necessary for methods of and procedures for consent under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
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 Article 34-5 (Examination and Inquiry)   print
(1) The Minister for Health, Welfare and Family Affairs or the head of a local government may request an applicant under Article 34-4 (1) and a person for whom support has been determined to present documents necessary for verification of qualifications for support of expenses or other data concerning income and assets, etc., and have an official under his/her control have access to a residence or other necessary places of an applicant for support of expenses and a person for whom support has been determined to examine documents, etc. or question the related persons.
(2) The Minister for Health, Welfare and Family Affairs or the head of a local government may request the head of a related agency to provide financial information, credit information, insurance information, data on national tax, local tax, land, building, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary for examination under paragraph (1) or conduct of expense support businesses. In such cases, the head of a related agency who has been requested to provide data shall comply with such request unless there is any special reason to the contrary.
(3) A person who has access to, examines and inquires pursuant to paragraph (1) shall carry an identification indicating his/her authority and display it to the related persons.
(4) In cases where an applicant for support of expenses or a person for whom support has been determined refuses to present documents or data, or refuses, hinders or evades an examination and an inquiry under paragraph (1), the Minister for Health, Welfare and Family Affairs or the head of a local government may dismiss an application for support of expenses or cancel, discontinue or change a decision of support.
(5) Matters necessary for scope, time and details of an examination and an inquiry under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs.
(6) The Minister for Health, Welfare and Family Affairs or the head of a local government may make common use of the administrative information pursuant to Article 21 (1) of the Electronic Government Act in order to grasp the places of domicile of resident registration, etc. of persons qualified for support of fostering expenses.
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
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 Article 34-6 (Proffer of Financial Information)   print
(1) The State and a local government may, in order to assess the assets of an applicant for support of expenses and his/her family members when intending to support expenses under Articles 34 (1), 34-2 and 35, request the head of a financial institution or such (referring to a financial institution under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Guarantee of Secrecy or a credit information concentration agency under subparagraph 5 of Article 2 of the Use and Protection of Credit Information Act; hereinafter the same shall apply) to provide them with financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") by a document changed in the electronic form from a written consent presented by an applicant for support of expenses or his/her family members pursuant to Article 34-4, notwithstanding Article 4 (1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy and Article 23 (1) of the Use and Protection of Credit Information Act.
(2) The head of a financial institution, etc. who has been requested to provide financial information, etc. pursuant to paragraph (1) shall provide financial information, etc. of a title holder, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Guarantee of Secrecy and Article 23 of the Use and Protection of Credit Information Act.
(3) The head of a financial institution, etc. who has provided financial information, etc. pursuant to paragraph (2) shall notify a title holder of the fact that his/her financial information, etc. has been provided to the State or a local government: Provided, That in cases where a title holder consents, it may not be notified to him/her, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Guarantee of Secrecy and Article 24-2 of the Use and Protection of Credit Information Act.
(4) A request for proffer and proffer of financial information, etc. under paragraphs (1) and (2) shall be made through the information and communications network under 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 in case of unavoidable circumstances, such as damage, etc. to the information and communications network.
(5) A person who is or was engaged in affairs under paragraphs (1) and (2) shall not use financial information, etc. obtained on his/her duty for the purposes other than those prescribed by this Act, or provide or reveal such information to other persons or agencies.
(6) Matters necessary for request for proffer, proffer, or such of financial information, etc. under paragraphs (1), (2) and (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9165, Dec. 19, 2008]
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 Article 35 (Special Cases for Free Infant Care)   print
(1) Infants to be admitted to elementary school one year after and disabled infants shall receive free infant care, which shall be conducted in serial order as prescribed by Presidential Decree.
(2) The expenses incurred in free infant care under paragraph (1) shall be borne or subsidized by the State and local governments as prescribed by Presidential Decree.
(3) Notwithstanding the latter part of Article 12, the State and local governments shall establish and operate nursery facilities required for infant care for infants and disabled infants who wish to receive free infant care under paragraph (1).
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 36 (Subsidy of Expenses, etc.)   print
The State and local governments shall subsidize the expenses, as prescribed by Presidential Decree, in whole or in part, incurred in infant care services: operation expenses incurred in establishment and operation of nursery facilities under Article 10, personnel expenses for infant care teachers (including substitute teachers) and expenses for extra infant care, and expenses of infant care services required for establishment and operation of infant care information centers, welfare promotion of employees in nursery facilities and conducting vulnerable infant care.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 37 (Obligation for Expenses by Business Proprietors)   print
Any business proprietor who has established nursery facilities under Article 14 shall bear the expenses, in whole or in part, incurred in the operation of the nursery facilities and infant care as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 38 (Receipt of Infant Care Fees, etc.)   print
No person who establishes and operates nursery facilities under the provisions of Articles 12 through 14 may receive infant care fees and other necessary expenses, etc. from the persons who use the nursery facilities within the limit prescribed by the Mayor/Do governor having jurisdiction over the place of the nursery facilities: Provided, That the Mayor/Do governor may, when necessary, prescribe the standard differently considering the type of the nursery facilities and regional conditions.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 39 (Support from Tax System)   print
(1) With respect to the expenses borne by a business proprietor to establish and operate nursery facilities of place of work and to pay infant care allowances under Articles 14 and 37, and infant care fee paid by guardians for infant care of their infants and other expenses necessary for infant care, the above-said expenses are subject to the tax reduction or exemption as prescribed by the Restriction of Special Taxation Act.
(2) With respect to the expenses for the operation of nursery facilities other than the nursery facilities of place of work of subparagraph 3 of Article 10, the above-said expenses are subject to tax reduction or exemption as prescribed by the Restriction of Special Taxation Act.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 40 (Orders for Refund of Expenses and Subsidies)   print
Where a person who has established and operates nursery facilities, a head of an infant care information center, or a person who is entrusted to conduct education and training, etc. falls under any of the following subparagraphs, the State or local governments may issue orders to refund the expenses and subsidy already delivered in whole or in part:
1. Where the operation of nursery facilities has been suspended, shut down or revoked;
2. Where a subsidy has been used for a purpose other than business purposes;
3. Where a subsidy has been delivered by deceit or other unlawful means; and
4. Where this Act or any order under this Act has been violated.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER VII GUIDANCE AND SUPERVISION
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 Article 41 (Guidance and Orders)   print
The Minister for Health, Welfare and Family Affairs, the Mayor/Do governor and the head of Si/Gun/Gu may guide and order persons who have established and operate nursery facilities and employees in nursery facilities for the smooth operation of infant care services. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 42 (Reports and Examinations)   print
(1) The Minister for Health, Welfare and Family Affairs, the Mayor/Do governor and the head of Si/Gun/Gu may have persons who have established and operate nursery facilities make necessary reports on their nursery facilities and have the public officials concerned investigate the operation conditions of nursery facilities and examine books and other documents. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The public officials shall, when performing their duties under paragraph (1), bear certificates indicating their authority and produce them to persons concerned.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 43 (Reports on Closure, Suspension, Resumption, etc. of Nursery Facilities)   print
(1) A person who intends to shut down or suspend operation of nursery facilities for a certain period, or resume the operation thereof authorized pursuant to Article 13 (1) shall make a prior report to the head of Si/Gun/Gu as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The head of nursery facilities shall, where the nursery facilities is shut down or the operation thereof is suspended for a certain period, take measures to protect the rights and interests of infants who are receiving infant care services in the nursery facilities by transferring them to other nursery facilities as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 44 (Orders for Correction and Modification)   print
Where nursery facilities falls under any of the following subparagraphs, the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor or the head of Si/Gun/Gu may order the head of the nursery facilities or persons who have established and operate the nursery facilities to take measures for correction or modification within a fixed period of time: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where the nursery facilities is operated without obtaining authorization for modification pursuant to Article 13 (1);
2. Where the nursery facilities has violated the establishment standards for nursery facilities pursuant to Article 15;
3. Where the nursery facilities has violated the disposition standards for employees in the nursery facilities pursuant to Article 17 (2);
4. Where the nursery facilities has violated the operation standards for nursery facilities pursuant to Article 24 (1);
5. Where the nursery facilities has received infant care fees, etc. in excess of the limited amount pursuant to Article 38;
6. Where the nursery facilities has failed to make the report pursuant to Article 42 or made a false report or refused or evaded an investigation or examination;
7. Where the nursery facilities has shut down, suspended operations for a certain period of time or resumed the operation without making a report pursuant to Article 43 (1); and
8. Where the nursery facilities has violated this Act or any order under this Act.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 45 (Closure of Nursery Facilities, etc.)   print
(1) If a person who has established and operates nursery facilities falls under any of the following subparagraphs, the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor and the head of Si/Gun/Gu may order him/her to suspend the operation of such nursery facilities within the period of one year or to shut down the nursery facilities: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where he/she has received a subsidy by deceit or other unlawful means or has misappropriated such subsidy;
2. Where he/she was ordered to refund the expenses or subsidy under Article 40, but has failed to refund the expenses or subsidy; and
3. Where he/she has violated the order for correction or modification under Article 44.
(2) When the suspension of the operation of nursery facilities is apt to cause serious inconvenience to babies and disabled infants in cases where nursery facilities mainly used by babies or disabled infants prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs shall order suspension of the operation because it has fallen under any subparagraph of paragraph (1), the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor or the head of Si/Gun/Gu may take measures of reduction in the fixed number of the nursery facilities or of suspension of registration of children in place of disposition of suspension of operations. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Detailed standards for administrative dispositions under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 45-2 (Succession of Effect of Administrative Sanction Disposition)   print
When a person who has established and operates nursery facilities, transfers the nursery facilities or dies, or when a corporation is merged, the effect of administrative sanction disposition taken due to any reason under any subparagraph of Article 45 (1) to the person who established and operated the former nursery facilities shall succeed for the period of one year to a transferee, a successor or a corporation newly established after or surviving merger. Where a procedure for administrative sanction disposition is being taken, the procedure for administrative sanction disposition may be continuously taken with respect to a transferee, a successor, or a corporation newly established after or surviving merger: Provided, That the same shall not apply where a transferee, a successor, or a corporation newly established after or surviving merger proves that he/she was not aware of such disposition or fact of violation at the time of transfer or merger.
[This Article Newly Inserted by Act No. 8851, Jan. 17, 2008]
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 Article 46 (Suspension of Qualifications for Head of Nursery Facilities)   print
When the head of nursery facilities falls under any of the following subparagraphs, the Minister for Health, Welfare and Family Affairs may suspend his/her qualification within one year as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where he/she has caused damage to the nursery facilities deliberately or by gross negligence while performing duties;
2. Where he/she has hired unqualified employees and had them perform the duties of infant care teacher, nurse or nutritionist, etc.;
3. Where he/she has consecutively failed to attend the supplementary education under Article 23 not less than three times; and
4. Where he/she has received a subsidy by deceit or other unlawful means, or has misappropriated subsidy.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 47 (Suspension of Qualifications of Infant Care Teachers)   print
When an infant care teacher falls under any of the following subparagraphs, the Minister for Health, Welfare and Family Affairs may suspend the qualification of the infant care teacher within one year as prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where he/she has caused damage to the nursery facilities deliberately or by gross negligence while performing duties in connection with his/her qualifications; and
2. Where he/she has consecutively failed to attend the supplementary education under Article 23 not less than three times.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 48 (Revocation of Qualifications for Head of Nursery Facilities or Infant Care Teachers)   print
When the head of nursery facilities or infant care teacher falls under any of the following subparagraphs, the Minister for Health, Welfare and Family Affairs may revoke his/her qualification: <Amended by Act No. 8852, Feb. 29, 2008>
1. Where he/she has acquired his/her certificate of qualification by deceit or other unlawful means;
2. Where he/she has been sentenced to imprisonment without prison labor or a heavier punishment for causing damage to the nursery facilities deliberately or by gross negligence while performing duties in connection with his/her qualifications;
3. Where he/she committed prohibited conduct of Article 29 of the Child Welfare Act and has been punished under Article 40 of the same Act;
4. Where he/she has violated the obligations for prohibition of lending name, etc. pursuant to Article 22-2;
5. Where he/she has conducted the act subject to disposition of suspension of qualifications within three years after completion of the disposition period of suspension of qualifications;
6. Where he/she has performed the work related to qualification by using his/her certificate of qualifications during the period of disposition of suspension of qualifications;
7. Where he/she has received disposition of suspension of qualifications three times or more; and
8. Where he/she fell under subparagraph 4 of Article 46 and has been sentenced to imprisonment without prison labor or a heavier punishment.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 49 (Hearing)   print
The Minister for Health, Welfare and Family Affairs, the Mayor/Do governor and the head of Si/Gun/Gu shall hold hearings to take administrative disposition referred to in Articles 45 through 48.<Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
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 Article 50 (Recognition of Career)   print
(1) With respect to an employee in nursery facilities who is qualified as a kindergarten teacher under the Early Childhood Education Act, his/her infant care career in such nursery facilities shall be recognized as teaching career experience under the Early Childhood Education Act.
(2) With respect to an employee in a kindergarten (referring to a kindergarten operating full-day classes pursuant to subparagraph 6 of Article 2 of the Early Childhood Education Act) who is qualified as an infant care teacher under this Act, his/her teaching career in the kindergarten shall be recognized as the infant care career experience under this Act.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 51 (Delegation and Entrustment of Authority)   print
(1) The Minister for Health, Welfare and Family Affairs or the Mayor/Do governor may delegate a part of his/her authority under this Act to the Mayor/Do governor or the head of Si/Gun/Gu respectively as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister for Health, Welfare and Family Affairs may entrust a part of his/her affairs under this Act to corporations or organizations as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 52 (Nursery Facilities on Islands, in Secluded Places, or in Agricultural and Fishing Communities, etc.)   print
(1) Where the head of Si/Gun/Gu acknowledges that it is difficult to apply the standards for establishment of nursery facilities pursuant to Article 15 and the standards for disposition of employees in nursery facilities pursuant to Article 17 (2) to nursery facilities on islands, in secluded places, or in agricultural and fishing communities, etc., the head of Si/Gun/Gu may apply the standards differently to those nursery facilities with the approval of the Mayor/Do governor concerned following the deliberation of the local infant care policy committee concerned under Article 6.
(2) The specific scope of islands, secluded places, agricultural and fishing communities, etc., the standards for establishment of nursery facilities, and the standards for disposition of employees in nursery facilities under paragraph (1) shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 53 (Federation of Nursery Facilities)   print
(1) The Federation of Nursery Facilities (hereinafter referred to as the "Federation") may be established for the smooth promotion of infant care services, the balanced development of nursery facilities, and the exchange of information and the promotion of mutual cooperation among nursery facilities.
(2) Matters necessary for the organization, operation, function, etc. of the Federation shall be prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
CHAPTER IX PENAL PROVISIONS
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 Article 54 (Penal Provisions)   print
(1) A person who has violated Article 34-6 (5) shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won. In such cases, a punishment of imprisonment and a fine may be inflicted concurrently. <Newly Inserted by Act No. 9165, Dec. 19, 2008>
(2) A person who has been subsidized by deceit or other unlawful means, or who has misappropriated subsidies shall be punished by imprisonment for not more than three years or by a fine not exceeding ten million won. <Amended by Act No. 9165, Dec. 19, 2008>
(3) A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won: <Amended by Act No. 9165, Dec. 19, 2008>
1. A person who has used the word "nursery facilities" in a trade name or has actually operated in the form of nursery facilities without obtaining authorization for the establishment of nursery facilities under Article 13 (1);
2. A person who has received authorization for the establishment or modification of nursery facilities under Article 13 (1) by deceit or other unlawful means;
3. A person who has caused other persons to perform the affairs of the head of nursery facilities or infant care teacher by using his/her name or the title of the nursery facilities, or who has lent his/her certificate of qualification in violation of Article 22-2, and his/her counterpart;
4. A person who has received support of expenses or has helped others receive support of expenses under Articles 34 (1), 34-2 and 35 by deceit or other unjust means;
5. A person who has used a coupon for nursing service under Article 34-3 unjustly;
6. A founder and manager of nursery facilities who has received nursery expenses under Article 38 by deceit or other unjust means;
7. A person who has continued to operate nursery facilities in violation of the order of suspension of operation of the nursery facilities or the order of closure of the nursery facilities pursuant to Article 45 (1); and
8. A person who has operated nursery facilities in violation of the measures of reduction in the fixed number of nursery facilities or the measures of suspension of recruitment of infants pursuant to Article 45 (2).
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 55 (Joint Penal Provisions)   print
(1) Where the representative, agent, employee or other worker of a corporation commits a violation under Article 54 concerning the business of the corporation, not only shall the offender be punished but the corporation shall also be published by a fine under the relevant Article.
(2) If the agent, employee or other worker of an individual commits a violation under Article 54 concerning the business of the individual, not only shall the offender be punished but the individual shall also be fined under the relevant Article.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
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 Article 56 (Fines for Negligence)   print
(1) A person who has shut down his/her nursery facilities or suspended the operation of his/her nursery facilities for a certain period of time or resumed the operation of his/her nursery facilities without making a report under Article 43 (1) shall be punished by a fine for negligence not exceeding five million won.
(2) A person who falls under any of the following subparagraphs shall be punished by a fine for negligence not exceeding three million won:
1. A person who has failed to preferentially conduct vulnerable infant care under Article 26 (1);
2. A person who has failed to preferentially take care of infants falling under each subparagraph of Article 28 (1); and
3. A person who has failed to conduct the medical checkup or has not taken emergency measure, etc. under Article 31.
(3) The fines for negligence pursuant to paragraphs (1) and (2) shall be imposed and collected by the Minister for Health, Welfare and Family Affairs, the Mayor/Do governor or the head of Si/Gun/Gu (hereinafter referred to as the "imposition authority") as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(4) A person who is dissatisfied with the disposition of a fine for negligence under paragraph (3) may raise an objection to the imposition authority within 30 days from the date on which he/she is notified of such disposition.
(5) When a person who is subject to the disposition of a fine for negligence under paragraph (3) raises an objection under paragraph (4), the imposition authority shall notify the competent court of the fact without delay and the competent court notified thereof shall place the case of the fine for negligence on trial in accordance with the Non-Contentious Case Litigation Procedure Act.
(6) Where no objection is raised within the period under paragraph (4) and no fine for negligence is paid, the fine for negligence in question shall be collected in the manner of dispositions on default of national tax or local tax in arrears.
[This Article Wholly Amended by Act No. 8654, Oct. 17, 2007]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures for Nursery Information Center and Nursery Instructors)
The nursery information centers and nursery instructors under the former provisons at the time this Act enters into force shall be deemed the infant care information centers and infant care specialists, respectively, under this Act.
Article 3 (Transitional Measures for Nursery Teachers, etc.)
(1) The qualifications of the heads of nursery facilities and nursery teachers under the former provisions at the time this Act enters into force shall be deemed the qualifications thereof that are recognized under this Act.
(2) Anyone who is recognized to be qualified as a nursery teacher referred to in paragraph (1), anyone who completes subjects after having majored in such subjects provided for in Article 9 (2) 1 of the previous provisions and anyone who completes educational courses provided for in Article 9 (2) 2 after having studied them at the time this Act comes into force shall all be recognized to be qualified as nursery teachers under this Act.
(3) Anyone who is recognized to be qualified as a nursery teacher under the provisions of paragraph (1) or (2) may be eligible for the delivery of the certificate of qualifications provided for in Article 22.
Article 4 (Transitional Measures concerning Nurseries)
Any nursery on which a report was made in accordance with the previous provisions at the time this Act comes into force shall be deemed to have been granted authorization under this Act.
Article 5 (Transitional Measures concerning Nursery Federation)
The Nursery Federation that is established under the previous provisions at the time this Act comes into force shall be deemed the Nursery Federation that is established under this Act.
Article 6 (Transitional Measures concerning Administrative Disposition)
Any order issued by, any act performed by, any report made to any administrative agency, etc. under the previous provisions at the time this Act comes into force shall be deemed any act performed by and any act performed to any administrative agency, etc. under this Act.
Article 7 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to any act performed prior to the enforcement of this Act shall be governed by the previous provisions.
Article 8 (Relations with Other Acts)
Where other Acts and subordinate statutes cite the provisions of the previous Infant Care Act and this Act includes the provisions corresponding thereto, the corresponding provisions of this Act shall be deemed to be cited in lieu of the previous provisions.
ADDENDUM<Act No. 7302, Dec. 31, 2004>
This Act shall enter into force on January 30, 2005.
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. 7785, Dec. 29, 2005>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 21 (1), 22 (1) and (2), 22-2, 46, 48 and 54 (2) shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures regarding Head of Nursery) Any person who qualified for the head of a nursery under the previous provisions at the time this Act enters into force shall be considered a person who has received a certificate of qualification for the head of a nursery under the amended provisions of Article 21 (1). In this case, he shall meet the requirements referred to in the amended provisions of Article 21 (1) within one year after the enforcement of the amended provisions of Article 21 (1).
ADDENDA<Act No. 8563, Jul. 27, 2007>
(1) (Enforcement Date) This Act shall enter into force one year after the date of its promulgation.
(2) (Transitional Measures for Administrative Disposition) The administrative disposition on a violation committed before this Act enters into force shall be governed by the former provisions.
ADDENDA<Act No. 8654, Oct. 17, 2007>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 36 and 45 (1) 1, (2) and (3), subparagraph 4 of Article 46, subparagraph 8 of Article 48 and Article 54 (1) and (2) 5 shall enter into force on July 28, 2008.
(2) 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. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 8851, Jan. 17, 2008>
This Act shall enter into force three months after the date of its promulgation.
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. 9165, Dec. 19, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 34-4 through 34-6 shall enter into force on April 1, 2009.
Article 2 (Model Project)
(1) The Minister for Health, Welfare and Family Affairs may implement a model project before this Act enters into force for the effective operation of the coupon system for nursing service.
(2) The Minister for Health, Wealth and Family Affairs or the head of a local government may support the model project under paragraph (1).
ADDENDA<Act No. 9511, Mar. 20, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.