Article 45(Closure of Child Care Centers) #
(1) Where a person who has established or operates a child care center (hereafter in this Article, referred to as "establisher/operator"), falls under any of the following cases, the Minister of Education, the relevant Mayor/Do Governor, and the head of the relevant Si/Gun/Gu may order such person to suspend the operation of the child care center within one year or to close the child care center; in such cases, where persons under the control and supervision of an establisher/operator, such as child care teachers and staff, commit offenses falling under subparagraph 4 or 5 (b), such offenses shall be deemed committed by the establisher/operator (the same shall not apply where the establisher/operator has not been negligent in giving due attention and supervision to preventing such offenses): <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 13, 2013; May 28, 2014; May 18, 2015; Dec. 29, 2020; Dec. 26, 2023>
1. Where it obtains a subsidy by fraud or other improper means, or misappropriates a subsidy;
1-2. Where he or she is subsidized for costs prescribed in Article 34 by fraud or other improper means;
1-3. Where he or she receives child care fees, other necessary expenses, etc. under Article 38 (1) by fraud or other improper means;
1-4. Where he or she improperly uses any property or income that belongs to the accounting of a child care center for any purpose other than for child care, in violation of Article 38-2;
2. Where he or she is ordered to, but fails to, repay expenses or subsidies referred to in Article 40;
3. Where he or she violates an order for rectification or modification referred to in Article 44;
4. Where he or she commits child abuse defined in subparagraph 7 of Article 3 of the Child Welfare Act;
5. Where an infant or young child dies or suffers a serious bodily injury prescribed by Ordinance of the Ministry of Education due to any of the following:
(a) Where a traffic accident occurs while a driver operates a school bus for children (including where he or she fails to report pursuant to Article 33-2, and Article 52 of the Road Traffic Act), without an accompanying guardian under Article 53 (3) of the Road Traffic Act, in violation of Article 53 (3) of the Road Traffic Act;
(b) Where a person fails to comply with the duty to check whether all infants and young children have alighted from a vehicle under Article 53 (3) through (5) of the Road Traffic Act.
(2) Deleted. <Jun. 7, 2011>
(3) Where any establisher/operator, or child care teachers and staff is suspected of committing child abuse referred to in paragraph (1) 4, the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall immediately receive a report thereon referred to in Article 42 or conduct investigation or examination. <Newly Inserted on May 18, 2015>
(4) After receiving a report or conducting investigation or examination pursuant to paragraph (3), the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall determine, without delay, whether he or she takes an administrative disposition referred to in paragraph (1), after consulting with the National Center for the Rights of the Child established under Article 10-2 of the Child Welfare Act, specialized child protection agencies established under Article 45 of that Act, or other relevant institutions. <Newly Inserted on May 18, 2015; Jan. 15, 2019>
(5) Where the operation of a child care center is suspended or a child care center is closed under paragraph (1), the relevant Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu shall take necessary measures to protect the rights and interests of infants and young children of the child care center, such as transferring infants and young children to another child care center. <Newly Inserted on Aug. 4, 2011; May 18, 2015; Dec. 29, 2020>
(6) Detailed standards for administrative dispositions provided for in paragraph (1) shall be prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011; Aug. 4, 2011; May 18, 2015; Dec. 26, 2023>
[This Article Wholly Amended Oct. 17, 2007]
[Title Amended on Jun. 7, 2011]