Article 1(Purpose) #
The purpose of this Act is to prescribe matters concerning the guardians of minors held in protective facilities.
[This Article Wholly Amended on Oct. 22, 2012]
Article 2(Definitions) #
The terms used in this Act are defined as follows: <Amended on Feb. 3, 2016; May 29, 2016; Mar. 21, 2017; Apr. 11, 2023>
1. The term "protective facilities" refers to the following facilities:
(a) Child welfare facilities prescribed by Presidential Decree among those pursuant to Article 52 of the Child Welfare Act;
(b) Residential facilities for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities;
(c) Mental health sanatoriums established under Article 22 of the Act on the Support for Improvement of Mental Health and Welfare Services of Mental Patients and mental health rehabilitation facilities established under Article 26 of the same Act;
(d) Childbirth support facilities under Article 19 (1) 1 of the Single-Parent Family Support Act;
(e) Self-support facilities, rehabilitation facilities, and nursing care facilities for the homeless prescribed in Article 16 (1) 2 through 4 of the Act on Support for Welfare and Self-Reliance of the Homeless;
(f) Youth shelters and juvenile self-support assistance centers classified under subparagraphs 1 and 2 of Article 31 of the Youth Welfare Support Act;
(g) General protection facilities, protection facilities for disabled persons, and protection facilities for special support classified under Article 12 (3) 1 through 3 of the Sexual Violence Prevention and Victims Protection Act;
(h) General support facilities, support facilities for juveniles, and group home facility for assistance in self-reliance classified under Article 9 (1) 1, 2, and 4 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims;
2. The term "support provider" means a person who is eligible to become a guardian for minors held in the protective facilities under Articles 931 and 932 of the Civil Act.
[This Article Wholly Amended on Oct. 22, 2012]
Article 3(Guardian) #
(1) The head of a protective facility, which is established and operated by the State or a local government, shall become a guardian of any minor orphans held in such protective facility.
(2) A Special Self-Governing City Mayor or the head of a Si (including the head of an administrative city prescribed in the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply) /Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of the protective facility established and operated by an entity other than the State or a local government shall designate a guardian for any minor orphans held in such facility, as prescribed by Presidential Decree.
(3) The provisions of paragraphs (1) and (2) shall apply mutatis mutandis to minors who are not orphans and held in protective facilities, upon permission of the court as prescribed by Presidential Decree.
(4) A court may allow a person who has filed an application to become a guardian to temporally serve as a guardian for the following matters, before granting permission under paragraph (3). In such cases, the opinions of the relevant minor shall be respected: <Added on Dec. 21, 2021>
1. Mattes regarding the opening of a financial account and the use of mobile communications services;
2. Matters regarding the use of medical services, such as surgery, hospitalization, and discharge from a hospital;
3. Matters necessary for the management of the school register, including admission and transfer to another school.
[This Article Wholly Amended on Oct. 22, 2012]
Article 4(Public announcement of ascertainment of person obligated to provide support) #
(1) In designating a guardian, etc. pursuant to Article 3, the head of a protective facility shall request a Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the location of such protective facility to give public announcement of the ascertainment of a support provider as prescribed by Presidential Decree; provided, this shall not apply to a person for whom the head of another protective facility has requested for public announcement thereof.
(2) A Special Self-Governing City Mayor or the head of a Si/Gun/Gu who has been requested to give public notice of ascertainment of a support provider pursuant to paragraph (1) shall give public notice thereof during a period prescribed by Presidential Decree.
[This Article Wholly Amended on Oct. 22, 2012]
Article 5(Grounds for disqualification as a guardian) #
A person falling under any of the following subparagraphs is eligible as a guardian:
1. A person falling under any of the subparagraphs of Article 937 of the Civil Act;
2. A person deemed incapable of performing the duties of a guardian or inappropriate for child welfare.
[This Article Wholly Amended on Oct. 22, 2012]
Article 6(Duties of guardian) #
The provisions regarding duties of a guardian prescribed by the Civil Act shall apply mutatis mutandis to the duties of a person who becomes a guardian under Article 3; provided, the duties regarding adoption of a ward shall be performed from the following date of the expiration of the period for public notice under Article 4 (2).
[This Article Wholly Amended on Oct. 22, 2012]
Article 7(Revocation of designation of a guardian) #
Where a person designated as a guardian or a person who has obtained permission concerning designation from the court under Article 3 falls under any of the subparagraphs of Article 5 or his or her duties are terminated, a Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the location of the protective facility may revoke the designation as a guardian or request the competent court to revoke such permission.
[This Article Wholly Amended on Oct. 22, 2012]