Child-Care Support Act

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to improve the quality of life of family members through the enhancement of the welfare of children and the compatibility of the work and housekeeping of their custodians and to create a nurture-friendly social environment by supporting the child care of each family.
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "child" means a juvenile of 12 years of age or below;
2. The term "custodian" means a person with parental authority, a guardian, or any other person, who actually protects a child;
3. The term "child care service" means the service that is individually provided for the protection, rearing, etc. of a child at its residence;
4. The term "child care provider" means a person who is qualified under Article 7 and provides child care service through a child care institute designated under Article 11.
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 Article 3 (Principle of Child Care Support)   print
(1) The State and local governments shall support the child care, taking the interest of the children being cared into top priority consideration.
(2) The support for child care under paragraph (1) shall be provided so as to satisfy diverse demand of custodians.
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 Article 4 (Support from the Sate, etc.)   print
The State and local governments shall support custodians to fulfill their responsibility for the child care.
CHAPTER II DUTIES, ETC. OF CHILD CARE PROVIDERS
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 Article 5 (Duties of Child Care Providers)   print
(1) A child care provider shall perform his/her duties of safe protection and care of a child in accordance with standards prescribed by the Minister of Gender Equality and Family.
(2) A child care provider shall perform the following duties:
1. Transport of a child to a medical institution, if any disease or accident occurs;
2. Provision of safe and nutritionally balanced meals and snacks;
3. Maintenance of cleanliness and hygiene;
4. Other matters prescribed by Ordinance of the Ministry of Gender Equality and Family.
(3) The specific duties of a child care provider to exercise caution shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) A child care provider shall respect the line of a custodian for raising his/her child, and consult with the custodian for emergency measures, etc.
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 Article 6 (Disqualifications)   print
None of the following persons shall be eligible to work as a child care provider:
1. A minor, or an incompetent or a quasi-incompetent;
2. A mentally ill person;
3. A narcotic, hemp, or psychotropic drug addict;
4. A bankrupt who has not been reinstated;
5. A person for whom three years have not passed since the execution of his/her imprisonment without prison labor or severer declared by a court was terminated (including cases where such execution is deemed terminated) or exempted;
6. A person who is subject to suspended sentence of imprisonment without prison labor or severer declared by a court;
7. A person for whom 10 years have not passed since the execution of his/her imprisonment or medical treatment and custody declared by a court by reason of committing an offense prescribed in Article 71 (1) of the Child Welfare Act in violation of Article 17 of the same Act, a sexual crime defined in Article 2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, or a sex offense against a child or juvenile defined in subparagraph 2 of Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse was terminated in whole or in part or exempted;
8. A person who is subject to the suspension of his/her qualification under Article 32;
9. A person for whom one year has not passed since his/her qualification is revoked under Article 33.
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 Article 7 (Qualifications of Child Care Providers)   print
(1) A person who intends to be a child care provider shall complete an education course at an educational agency prescribed in Article 9 or obtain the qualification prescribed by Presidential Decree.
(2) Matters necessary for the curricula, contents, etc. of the education for child care providers shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 8 (Prohibition against Name Lending, etc.)   print
(1) A child care provider shall neither let another person to provide the child care service using his/her name nor lend his/her completion certificate to another.
(2) A person who is not a child care provider shall be prohibited from using the word "child care provider" or any other similar word in his/her title.
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 Article 9 (Designation, etc. of Educational Agencies)   print
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall, for the training of child care providers, designate facilities that satisfy designation standards prescribed by Ordinance of the Ministry of Gender Equality and Family as educational agencies.
(2) If an educational agency falls under the following cases, a Mayor/Do Governor may order it to suspend its business or revoke its designation:
1. Where it has been designated as an educational agency by fraud or other wrongful means;
2. Where it does not conform to designation standards referred to in paragraph (1) any longer;
3. Where it fails to operate the curricula for at least one year.
(3) The procedures for the designation of educational agencies under paragraph (1) and the specific standards, procedures for the dispositions, etc. under paragraph (2) shall be prescribed by Ordinance of the Minister of Gender Equality and Family.
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 Article 10 (Continuing Education)   print
(1) The Minister of Gender Equality and Family shall provide continuing education to enhance the quality of child care service and the expertise of child care providers.
(2) The continuing education referred to in paragraph (1) may be provided by entrustment to specialized agencies.
(3) Matters necessary for the contents, period, method, etc. of continuing education referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
CHAPTER III AGENCIES PROVIDING CHILD CARE SERVICE
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 Article 11 (Designation, etc. of Service-Providing Agencies)   print
(1) A person who intends to establish and operate an agency that provides child care service (hereinafter referred to as "service agency") shall obtain the designation therefor from the Mayor/Do Governor or the head of a Si/Gun/Gu having jurisdiction over the location of the agency after meeting standards for facilities, human resources, operation, etc. prescribed by Ordinance of the Ministry of Gender Equality and Family.
(2) A Mayor/Do Governor or the head of a Si/Gun/Gu shall designate the optimum number of service agencies, taking into consideration the regional distribution and the optimum size of supply, the number of children eligible for the service, etc.
(3) The procedures for the designation of service agencies related to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) Where any important matter is changed, the head of a service agency shall obtain the approval therefor from the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu. He/she shall file a report if any insignificant change is made.
(5) Contents, procedures, etc. related to paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 12 (Submission, etc. of Information on Service Agencies)   print
(1) A Mayor/Do Governor shall, in order to ensure the service quality, receive reports on contents of service, the data on the present status of facilities and human resources, and other reports from the heads of service agencies and provide them to the custodians of children.
(2) The contents of service that are to be informed to custodians under paragraph (1), the method and procedures for providing the information, and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 13 (Duties of Service Agencies)   print
(1) A service agency shall have child care providers.
(2) No service agency shall reject any request from a custodian to provide its service: Provided, That the same shall not apply where any justifiable ground, such as abnormal supply and demand of child care providers, exists.
(3) A service agency shall, during its child care service, conduct health and hygiene control and other matters prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) A service agency shall take necessary safety measures, such as taking out insurance for the compensation, etc. for damage to the lives and bodies of child care providers and children that may occur during the provision of service.
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 Article 14 (Entering into Standard Form Contracts)   print
(1) A service agency shall enter into standard form contracts with the child care providers under its control.
(2) Detailed matters of the standard form contract shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 15 (Matters to be Observed by Custodians)   print
A custodian who intends to use the child care service shall agree to and comply with the terms and conditions of a service contract, such as the measures for prevention of safety accidents.
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 Article 16 (Reports, on Closure, etc. of Business of Service Agencies)   print
(1) Where a service agency intends to close or suspend its business, it shall file a report thereon with the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu by no later than 30 days before the date set for closure or suspension of its business.
(2) Where any inconvenience is likely to occur due to nonexistence of any substitutable service agency or for other reasons, if a report under paragraph (1) is accepted, a Mayor/Do Governor or the head of a Si/Gun/Gu shall recommend a service agency not to close or suspend the business of the service agency or take any other measures.
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 Article 17 (Revocation, etc. of Designation of Service Agencies)   print
(1) If any service agency falls under any of the following cases, a Mayor/Do Governor or the head of a Si/Gun/Gu may revoke the designation thereof: Provided, That in cases falling under subparagraph 1 or 5, the designation shall be revoked:
1. Where the designation has been obtained by fraud or other wrongful means;
2. Where it has failed to meet deesignation standards for facilities, human resources, etc. referred to in Article 11 (1);
3. Where it has rejected to provide its service, in violation of Article 13 (2);
4. Where it has rejected, interfered with, or evaded the submission of data, inquiries or inspections referred to in Article 29, has filed a false report or has submitted false data;
5. Where it has claimed expenses incurred in providing child care service by fraud or other wrongful means;
6. Where it has neglected the management of child care providers under its control.
(2) An agency, the designation of which is revoked under paragraph (1), shall be prohibited from being re-designated as a service agency for a period prescribed by Ordinance of the Ministry of Gender Equality and Family within three years.
(3) The procedures, etc for revocation of designation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 18 (Management and Assessment of Service Agencies)   print
(1) The Minister of Gender Equality and Family may take such measures as disclosing the outcomes of the assessment on whether service agencies have been operated adequately in accordance with standards for operation, etc. referred to in Article 11 (1) or any other necessary measures.
(2) The Minister of Gender Equality and Family shall strive to improve the level of the services provided by service agencies by continuously managing and assessing the contents of such services.
(3) The Minister of Gender Equality and Family may entrust part of the affairs related to the management and assessment prescribed in paragraphs (1) and (2) to corporations, organizations or any other specialized agencies.
(4) Method of assessing the contents of services provided, method of disclosing the assessment outcomes under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
CHAPTER IV CREATION OF NURTURE-FRIENDLY SOCIAL ENVIRONMENT
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 Article 19 (Child Care Sharing Center)   print
(1) The State and local governments may establish and operate child care sharing centers for the exchange of information related to child raising, education of parents, etc.
(2) The State or a local government may entrust the operation of child care sharing centers to corporations, organizations or any other specialized agencies.
(3) Matters necessary for the entrustment, etc. of child care sharing centers under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Gender Equality and Family.
CHAPTER V SUPPORT, ETC. FOR EXPENSES FOR CHILD CARE SERVICE
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 Article 20 (Support, etc. for Expenses)   print
(1) The State and a local government may render support to all or part of expenses incurred in providing the child care service by households, the respective income of which is not more than the amount prescribed by Ordinance of the Ministry of Gender Equality and Family.
(2) The expenses referred to in paragraph (1) may be subsidized differentially by taking into consideration the income level of each household, residential area, employment status of parents, etc.
(3) The expenses incurred in providing the child care service shall be prescribed and publicly notified by the Minister of Gender Equality and Family, taking into consideration the type of service, circumstances of the relevant region, etc.
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 Article 21 (Child Care Vouchers)   print
(1) The State and local governments may provide child care vouchers so as to subsidize expenses referred to in Article 20 (1).
(2) The Minister of Gender Equality and Family and the head of a local government may entrust the affairs related to the vouchers prescribed in paragraph (1) to public agencies or civilian agencies or organizations.
(3) Mattes necessary for the application for and issuance of the vouchers shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 22 (Application for Support for Expenses)   print
(1) A custodian may apply for subsidization of expenses incurred in providing the child care service under Article 20 (1).
(2) In filing an application under paragraph (1), a custodian shall submit written consent of himself/herself and the household members to the provision of the following data or information:
1. Average deposit balance and other data or information prescribed by Presidential Decree among the data or information on 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 (hereinafter referred to as "financial information");
2. Debt amount and other data or information among the credit information defined in subparagraph 1 of Article 2 of the Use and Protection of Credit Information Act (hereinafter referred to as "credit information");
3. Insurance premiums paid after taking out the insurance prescribed in subparagraphs of Article 4 (1) of the Insurance Business Act and other data or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
(3) Matters necessary for the method and procedure for the application for subsidization of expenses under paragraph (1) and those for the consent under paragraph (2), shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
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 Article 23 (Provision of Financial Information, etc.)   print
(1) Notwithstanding the provisions of 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, for the purpose of assessing the property of a person who has filed an application for subsidization of the expenses under Article 22 (hereinafter referred to as "applicant for subsidization of expenses") and the household members, the State or local governments may, when they subsidize expenses incurred in providing the child care service under Article 20 (1), request the heads of financial institutions (referring to financial companies, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and the credit information collection agency 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.") of a person who has applied for subsidization of expenses and his/her household members by means of a document in an electronic form that is converted from the written consent submitted by the applicant and his/her household members under Article 22 (2).
(2) The heads of financial institutions, etc. who are requested to provide financial information, etc. under paragraph (1) shall provide financial information, etc. of nominal persons, notwithstanding the provisions of 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.
(3) The heads of financial institutions, etc. that have provided financial information, etc. under paragraph (2) shall notify the nominal persons of such fact: Provided, That notwithstanding the provisions of 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, no notification may be made, if the consent from a nominal person has been obtained.
(4) The request for, or the provision of, financial information, etc. under paragraph (1) and (2) shall be made by using the information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: Provided, That the same shall not apply to cases where any damage to the information and communications network or any other unavoidable incident occurs.
(5) No person who engages in or has engaged in the affairs referred to in paragraph (1) or (2) shall use the financial information, etc. acquired while performing his/her duties for any other purpose than that prescribed in this Act, or furnish or divulge it to any other person or agency.
(6) Matters necessary for requests for, or the provision, etc. of financial information, etc. under paragraphs (1), (2) and (4) shall be prescribed by Presidential Decree.
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 Article 24 (Examinations and Inquiries, etc.)   print
(1) The Minister of Gender Equality and Family or the head of a local government may request an applicant for subsidization of expenses and a person who is to receive support, to submit documents necessary to confirm the eligibility for such support or other data related to the applicant's income, property, etc., and may have public officials under his/her control have access to residence of the applicant for such support and the person who is to receive support and other necessary places and inspect papers, etc. or make necessary inquiries to the related persons.
(2) The Minister of Gender Equality and Family or the head of a local government may request the heads of related agencies to provide data on national taxes, local taxes, land, building, health insurance, national pension, employment insurance, industrial accident compensation insurance, etc. necessary for assisting in the examinations or expenses referred to in paragraph (1). In such cases, the head of an agency in receipt of such request shall comply therewith, except in extenuating circumstances.
(3) Where an applicant for subsidization of expenses or a person who is to receive support rejects to submit documents or data or rejects, interferes with or evades any examination or inquiry conducted under paragraph (1), the Minister of Gender Equality and Family or the head of a local government may reject the application for subsidization of expenses or may revoke, suspend or make any change to the decision for the support.
(4) Matters necessary for the scope, timing and contents of the examinations and inquiries to be conducted under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
(5) For the purpose of probing an address on the resident registration card, administrative information may be shared under Article 36 (1) of the Electronic Government Act.
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 Article 25 (Digitalization of Affairs Related to Subsidization of Expenses)   print
(1) The Minister of Gender Equality and Family and the head of a local government may establish and operate an electronic system for efficiency in dealing with the affairs prescribed in Article 20 (1).
(2) The electronic system under paragraph (1) may be utilized in connection with the system prescribed in Article 6-2 of the Social Welfare Services Act.
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 Article 26 (Subsidization of Expenses)   print
The State or a local government may subsidize all or part of expenses incurred in carrying out the affairs under this Act.
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 Article 27 (Order to Return Expenses or Subsidies)   print
Where the installer or operator of a service agency, or the head of an agency entrusted with the affairs under this Act, etc. falls under any of the following cases, the State or a local government may order him/her to return all or part of the expenses or the subsidy already paid:
1. Where the subsidy has been used for the purpose other than the business purpose;
2. Where the subsidy has been received by fraud or other wrongful means;
3. Where he/she has violated this Act or an order issued under this Act.
CHAPTER VI GUIDANCE, SUPERVISION, ETC.
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 Article 28 (Guidance and Order)   print
The Minister of Gender Equality and Family, a Mayor/Do Governor or the head of a Si/Gun/Gu may, for the smooth support for child care service, provide child care providers and service agencies with guidance and issue orders to them as necessary.
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 Article 29 (Inquiries and Examinations)   print
(1) The Minister of Gender Equality and Family, a Mayor/Do Governor or the head of a Si/Gun/Gu may request a child care provider or service agent to submit data related to the provision of their services or have public officials under his/her control make inquiries or examine the related documents.
(2) When performing the duties under paragraph (1), a public official shall carry with him/her a certificate indicating his/her authority and present it to the related persons.
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 Article 30 (Prohibition against Divulging Confidential Information)   print
A person who engages in or has engaged in a service agency or an agency entrusted with the affairs under Article 18 (3), 19 (2) or 21 (2) or a child care provider shall not divulge any confidential information which he/she has learned while performing his/her duties.
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 Article 31 (Hearings)   print
If a Mayor/Do Governor or the head of a Si/Gun/Gu intends to revoke the designation of an educational agency or a service agency under Article 9 (2) or 17 (1), he/she shall hold a hearing.
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 Article 32 (Suspension of Qualification of Child Care Providers)   print
Where a child care provider falls under any of the following cases, the Minister of Gender Equality and Family may suspend his/her qualification by up to one year as prescribed by Ordinance of the Ministry of Gender Equality and Family: Provided, That in cases falling under subparagraph 1, his/her qualification shall be suspended:
1. Where he/she has committed at least one of the following acts:
(a) Use of violence toward, or infliction of an injury on, a child's body;
(b) Abandonment of a child or negligence in the basic protection of a child, including food, clothing and shelter;
(c) Commitment of an unlawful act, such as a theft at a child's residence;
2. Where he/she has caused any damage to the body or property of a child or custodian by intention or gross negligence during the performance of his/her duties;
3. Where he/she has failed to receive continuing education prescribed in Article 10 for three consecutive times;
4. Where he/she has recommended, induced or promoted an unnecessary service against a custodian for the purpose of making profits.
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 Article 33 (Revocation of Qualification of Child Care Providers)   print
If a child care provider falls under any of the following cases, the Minister of Gender Equality and Family may revoke his/her qualification:
1. Where he/she has obtained his/her qualification by fraud or other wrongful means;
2. Where he/she has been sentenced to imprisonment without labor or heavier punishment by causing damage to the body or property of a child or custodian by intention or gross negligence during the performance of his/her duties;
3. Where he/she has been punished under Article 71 (1) of the Child Welfare Act by committing a prohibited act prescribed in Article 17 of the same Act;
4. Where he/she has been subjected to the disposition of suspension of qualification under Article 32 for not less than three times.
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 Article 34 (Delegation and Entrustment of Authority, etc.)   print
(1) The Minister of Gender Equality and Family or a Mayor/Do Governor may delegate part of his/her authority prescribed in this Act to Mayors/Do Governors or the heads of Sis/Guns/Gus pursuant to Presidential Decree.
(2) The Minister of Gender Equality and Family may entrust part of his/her duties under this Act to corporations or organizations as prescribed by Presidential Decree.
CHAPTER VII PENAL PROVISIONS
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 Article 35 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won.
1. A person who is designated as an educational agency by fraud or other wrongful means, in violation of designation standards under Article 9 (1);
2. A person who is designated as a service agent by fraud or other wrongful means, in violation of designation standards under Article 11 (1);
3. A person who is re-designated as a service agent, in violation of Article 17 (2);
4. A person who receives support for the expenses under Article 20 by fraud or other wrongful means or helps another to receive such support;
5. A person who divulges the confidential information which he/she has learned while performing his/her duties, in violation of Article 30.
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 Article 36 (Joint Penal Provisions)   print
Where a representative of a corporation, or an agent, employee or other person working for a corporation or individual commits a violation under Article 35 with respect to the duties of the corporation or individual, not only shall such violator be punished accordingly, but also the corporation or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That this shall not apply where such corporation or individual has not neglected to take reasonable care and supervision concerning the relevant duties in order to prevent such violation.
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 Article 37 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding three million won:
1. A person who violates Article 8;
2. A person who fails to obtain approval for, or to file a report on, the changed matter, in violation of Article 11 (4) or 16 (1);
3. A person who reject to provide service without any justifiable ground, in violation of Article 13 (2);
4. A person who fails to submit or submits a false data, or a person who rejects, interferes with or evades inquiries or examinations or falsely responds thereto.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Gender Equality, a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Child Care Providers)
A person who has completed a former education course as at the time this Act enters into force shall be deemed to have completed an education course under this Act.
Article 3 (Transitional Measures concerning Educational Agencies for Child Care Providers and Service Agencies)
An educational agency or service agency designated under the former guidelines as at the time this Act enters into force shall be deemed to have been designated under Article 9 or 11: Provided, That it shall meet designation standards prescribed by Ordinance of the Minister of Gender Equality and Family within three months from the date when this Act enters into force.
Article 4 (Transitional Measures concerning Disqualifications and Revocation of Qualification of Child Care Providers)
"Article 17 of the same Act" and "Article 71 of the Child Welfare Act" in subparagraph 7 of Article 6 and subparagraph 3 of Article 33 shall be deemed "Article 29 of the same Act" and "Article 40 of the Child Welfare Act" until August 4, 2012.