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WELFARE OF SENIOR CITIZENS ACT — 법갈피

영문법령 / WELFARE OF SENIOR CITIZENS ACT

WELFARE OF SENIOR CITIZENS ACT

법률일부개정시행 2026-01-24보건복지부,보건복지부,보건복지부,보건복지부,보건복지부,보건복지부 · 제20093호 · 공포 2024-01-23

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to promoting the health and welfare of senior citizens by preventing or early detecting diseases affecting senior citizens, maintaining mental and physical health through proper treatment and recuperation taking into account their specific conditions, and devising appropriate measures to ensure stable lives of senior citizens.

Article 1-2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jan. 3, 2007; Aug. 4, 2011; Dec. 29, 2015; Dec. 2, 2016>

1. "Person who is under duty to support" means a spouse (including persons in a de facto marital relationship), lineal descendants, and their spouses (including persons in a de facto marital relationship);

2. "Guardian" means a person who is under duty to support or a person who offers de facto protection to senior citizens on the grounds of business or employment relations, etc.;

3. "Dementia" means dementia referred to in subparagraph 1 of Article 2 of the Dementia Management Act;

4. "Elder abuse" means any act of physical, mental, emotional, and sexual violence, and economic exploitation of, or atrocities against, or desertion or neglect of, senior citizens;

5. "Crime related to elder abuse" means elder abuse against a senior citizen aged 65 years or older by his or her guardian, which falls under any of the following:

a. Any crime specified in Article 257, 258, 260 (1) or (2), 261, or 264, among crimes of inflicting a bodily injury and violence specified in Chapter XXV of Part II of the Criminal Act;

b. Any crime specified in Article 271(1) or (2) or 273, among crimes of abandonment and maltreatment specified in Chapter XXVIII of Part II of the Criminal Act;

c. Any crime specified in Article 276, 277, 278, 279, 280, or 281 (limited to where the relevant crime results in bodily injury), among crimes of false arrest and illegal confinement specified in Chapter XXIX of Part II of the Criminal Act;

d. Any crime specified in Article 283(1) or (2), 284, 285 (limited to the crimes specified in Article 283), or 286, among crimes of intimidation specified in Chapter XXX of Part II of the Criminal Act;

Article 6-3(Human rights education) #

(1) A person who establishes and operates any facility prescribed by Presidential Decree among the welfare facilities for senior citizens referred to in Article 31 as well as his, her, or its employees shall receive education on human rights (hereinafter referred to as "human rights education" in this Article).

(2) A person who establishes and operates any facility prescribed by Presidential Decree among the welfare facilities for senior citizens referred to in Article 31 may conduct human rights education for senior citizens who use the facility.

(3) The Minister of Health and Welfare may designate an institute for human rights education in order to efficiently conduct human rights education pursuant to paragraph (1) or (2). In such cases, the Minister of Health and Welfare may subsidize expenses incurred in conducting human rights education within budgetary limits; and a designated institute for human rights education may collect expenses incurred in doing so from persons subject to human rights education, with the approval of the Minister of Health and Welfare.

(4) Where an institute for human rights education designated as such pursuant to paragraph (3) falls under any of the following, the Minister of Health and Welfare may revoke its designation or suspend its business for a specified period not exceeding six months; provided, if it falls under subparagraph 1, its designation shall be revoked:

1. Where it is designated by fraud or other improper means;

2. Where it fails to meet the designation requirements prescribed by Decree of the Ministry of Health and Welfare pursuant to paragraph (5);

3. Where it is deemed significantly incapable of conducting human rights education.

(5) Persons subject to human rights education referred to in paragraphs (1) and (2), the details and method thereof, standards for designating an institute for human rights education under paragraph (3) as well as for revoking its designation or suspending its business under paragraph (4), and other necessary matters shall be prescribed by Decree of the Ministry of Health and Welfare.

[This Article Added on Oct. 24, 2017]

Article 28(Measures including counseling and admission) #

(1) The Minister of Health and Welfare, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) shall take the following measures when it is deemed necessary for promoting welfare of senior citizens: <Amended on Feb. 8, 1999; Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018>

1. Requiring the relevant public officials or counselors for the welfare of senior citizens to provide consultation and guidance for persons aged 65 years or older or persons who protect the senior citizens;

2. Admitting persons aged 65 years or older, for whom protection at home is impracticable due to physical, mental, economic, or circumstantial reasons, to residential welfare facilities for senior citizens or the commuting-system welfare facilities for senior citizens at home, or entrusting their admission to such facilities;

3. Admitting persons aged 65 years or older, who need continuous protection due to serious physical or mental defects and for whom protection at home is impracticable on financial grounds, to medical welfare facilities for senior citizens, or entrusting their admission to such facilities.

(2) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare services agency") may, where deemed necessary to protect those aged under 65 years due to serious signs of decrepitude, take measures falling under the subparagraphs of paragraph (1). <Amended on Feb. 29, 2008; Jan. 18, 2010>

(3) Where a person admitted to a facility under paragraph (1) or (2) passed away and there is no one to conduct a funeral for the deceased, the head of a welfare service agency may conduct the funeral for such person or require the head of the relevant facility to conduct the funeral. In such cases, the head of the welfare service agency or the head of the welfare facility for senior citizens may appropriate the bequeathed money or securities left behind by the deceased to cover funeral expenses, and if there is not enough money to cover such expenses, he or she may dispose of bequeathed articles left behind to pay for the funeral. <Amended on Jan. 15, 2019; Dec. 29, 2020>

(4) The detailed procedures for appropriating funeral expenses under the latter part of paragraph (3) shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Dec. 29, 2020>

[Title Amended on Jan. 15, 2019]

Article 33-2(Qualifications for admission to welfare houses for senior citizens) #

(1) A person qualified for admission to a welfare house for senior citizens shall be a person aged 60 years or older (hereinafter referred to as "person qualified for admission"); provided, any of the following persons may be admitted, along with a person qualified for admission: <Amended on Jan. 28, 2015; Jan. 2, 2024>

1. The spouse of a person qualified for admission;

2. Children or grandchildren under the age of 24 a person qualified for admission is responsible for;

3. Children and grandchildren 24 years old or older a person qualified for admission is responsible for due to a disability prescribed by Decree of the Ministry of Health and Welfare.

(2) A person who builds or intends to build a welfare house for senior citizens shall lease such house to a person qualified for admission. <Amended on Jan. 28, 2015>

(3) No person to whom a welfare house for senior citizens has been leased pursuant to paragraph (2) shall sublease the relevant residential institution for senior citizens to a person who is not qualified for admission. <Amended on Jan. 28, 2015>

(4) Deleted. <Jan. 28, 2015>

(5) The head of a Si/Gun/Gu may limit the number of households and a floor area (limited to the area used for the purpose of residence) by household in the welfare house for senior citizens to a level not exceeding a certain figure, taking into account the size of the elderly population, the current status of demand for and supply of residential welfare institutions for senior citizens, and the efficient utilization of the welfare house for senior citizens, etc. in the area.

(6) A person who has built the welfare house for senior citizens pursuant to Article 33(2) may entrust the operation of all or part of the relevant welfare house for senior citizens to a person prescribed by Presidential Decree with the approval from the head of a Si/Gun/Gu. <Amended on Jan. 15, 2019>

(7) Where a person qualified for admission dies or does not reside in a welfare house for senior citizens, his or her spouse, children, or grandchildren admitted to the welfare house for senior citizens pursuant to paragraph (1) shall leave the house within the period prescribed by Decree of the Ministry of Health and Welfare; provided, this shall not apply to unavoidable cases prescribed by Decree of the Ministry of Health and Welfare, such as overseas stay of a person qualified for admission. <Added on Amended on Oct. 24, 2017>

(8) The head of a Si/Gun/Gu may investigate whether the qualifications for admission are satisfied under paragraph (1) and whether any person qualified for admission has died or actually resides in the relevant house under paragraph (7), if necessary. <Added on Amended on Oct. 24, 2017>

(9) Where any person is found to be unqualified for admission as a result of an investigation conducted under paragraph (8), the head of the competent Si/Gun/Gu shall take appropriate measures, such as requiring him or her to leave the relevant house. <Added on Amended on Oct. 24, 2017>

[This Article Added on Aug. 3, 2007]

Article 38(Commuting-system welfare facility for senior citizens at home) #

(1) "Commuting-system welfare facility for the senior citizens at home" means an institution intended to provide at least one of the following services:

1. Visiting medical treatment services: Services that ensure healthy and stable lives of senior citizens in the community by providing various convenient services for senior citizens, who spend all day at home, suffering from physical and mental illnesses (hereinafter referred to as "senior citizens at home");

2. Day and night protection services: Services to promote stability in life and the maintenance and improvement of physical and mental functions of the physically and mentally-challenged elderly, or those with disabilities, and to lighten the physical and mental burden of their families by providing various convenient services to senior citizens who are unable to be protected by their families due to any unavoidable cause by admitting them to protection facilities for a short period of time;

3. Short-term protection services: Services to promote the welfare of senior citizens and their families by admitting the physically and mentally-challenged elderly or those with disabilities who need temporary protection because they can’t be protected by their families due to any unavoidable cause by admitting them to protection facilities for a short period of time;

4. Visiting bath service: Service visiting senior citizens at home with bathing equipment to bathe them;

5. Other services: Other services prescribed by Decree of the Ministry of Health and Welfare as the ones to be provided for senior citizens at home.

(2) Matters necessary for eligible users of commuting-system welfare facility for senior citizens at home, bearing of expenses incurred in connection therewith, and procedures for the use thereof, etc. under paragraph (1) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Jan. 18, 2010>

[This Article Wholly Amended on Aug. 3, 2007]

Article 39-5(Establishment of elder protection agency) #

(1) The State shall establish and operate Korea Elder Protection Agency in charge of the following affairs to establish interconnection among regions and to prevent elder abuse: <Amended on Dec. 29, 2015>

1. Policy proposals related to protecting the human rights of senior citizens;

2. Research on and the development of programs to protect the human rights of senior citizens;

3. Public relations campaign for the prevention of elder abuse and the production and distribution of educational materials related thereto;

4. The collection and management of performance results related to specialized elderly protection projects and provision of data to outsiders;

5. Management of regional elder protection agencies and offering business support thereto;

6. In-depth education for counselors at regional elder protection agencies;

7. Establishment of a cooperation system among relevant institutions and exchange among them;

8. Operation of the Central Review Committee for Elder Abuse Cases to mediate disputes relating to elder abuse;

9. Other matters prescribed by Presidential Decree for the purpose of protecting senior citizens.

(2) In order to ensure prompt identification, protection, and medical treatment of the abused elderly and to prevent elder abuse, a regional elder protection agency in charge of the following affairs shall be established in the Special Metropolitan City, a Metropolitan City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do"): <Amended on Dec. 29, 2015; Dec. 29, 2020>

1. The operation of a hotline to report elder abuse and receipt of reports on suspected cases of elder abuse;

2. On-site investigations into suspected cases of elder abuse;

3. Counseling for elder abuse victims and abusers;

3-2. Request for legal aid to elder abuse victims;

4. Counseling for persons who belong to the families of victims of alleged elder abuse and relevant institutions;

5. Keeping and maintaining records following the provision of counseling and other services;

6. Education for prevention of elder abuse intended for the general public;

7. Education for prevention of recurrence intended for the perpetrators of elder abuse;

8. Operating a regional review committee for elder abuse cases and holding internal case meetings to make decisions on elder abuse cases;

9. Other matters prescribed by Decree of the Ministry of Health and Welfare for the protection of elder persons.

(3) The Minister of Health and Welfare and the Mayor/Do Governor may designate a nonprofit corporation designed to conduct activities to prevent elder abuse and may entrust such nonprofit corporation with the operations of Korea Elder Protection Agency under paragraph (1) and a regional elder protection agency under paragraph (2).

(4) Matters necessary for setting out criteria for the establishment and operation of Korea Elder Protection Agency under paragraph (1) and matters necessary for setting out criteria for the establishment and operation of a regional elder protection agency under paragraph (2), qualifications required for counselors and criteria for assignment thereof and designation of an entrusted institution under paragraph (3), etc. shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jun. 7, 2011]

Article 39-6(Obligations and procedures for reporting elder abuse) #

(1) Where anyone has come to know of any instance of elder abuse, he or she may file a report thereon with an elder protection agency or an investigation agency. <Amended on Apr. 11, 2007>

(2) When any of the following persons has learned of an elder abuse case of a person aged 65 years or older in the course of performing his or her duties, he or she shall immediately file a report thereon with an elder protection agency or an investigative agency: <Amended on Jun. 7, 2011; Dec. 29, 2015; Dec. 2, 2016; Oct. 24, 2017; Mar. 13, 2018; Dec. 11, 2018; Dec. 21, 2021>

1. A health care provider who practices medicine in a medical institution referred to in Article 3(1) of the Medical Service Act, and the head of the medical institution;

2. A person who engages in services, such as visiting medical treatment, care or safety confirmation, referred to in Article 27-2, the head and employees of a welfare facility for senior citizens referred to in Article 31, and a welfare counselor for senior citizens referred to in Article 7;

3. A person providing counseling, medical treatment, training or recuperation services for senior citizens with disabilities at a welfare facility for the disabled under the provisions of Article 58 of the Act on Welfare of Persons with Disabilities;

4. The head of a domestic violence counseling center under Article 5 of the Act on the Prevention of Domestic Violence and Protection of Victims and the head and employees of a shelter for victims of domestic violence under Article 7 of the that Act;

5. A public official exclusively in charge of social welfare under Article 43 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries, and the head of a social welfare facility under Article 34 of the Social Welfare Services Act and its employees;

6. The head and employees of a long-term care institution under Article 31 of the Long-Term Care Insurance Act;

7. A paramedic on 119 first aid squad under Article 10 of the Act on 119 Rescue and Emergency Medical Services;

8. The head and employees of a healthy family support center under Article 35 of the Framework Act on Healthy Families;

9. The head and employees of a support center for multicultural families established under Article 12 of the Multicultural Families Support Act;

10. The head of a counseling center for victims of sexual violence established under Article 10 of the Sexual Violence Prevention and Victims Protection Act and the head and employees of a protection facility for victims of sexual violence established under Article 12 of that Act;

11. An emergency medical technician referred to in Article 36 of the Emergency Medical Service Act;

12. A medical technologist referred to in subparagraph 1 of Article 1-2 of the Medical Service Technologists Act;

13. A nursing staff member of the National Health Insurance Corporation established under the National Health Insurance Act;

14. The head and employees of a regional healthcare institution defined in Article 2 of the Regional Public Health Act;

15. A public official in charge of establishing and managing welfare facilities for senior citizens prescribed in Article 31;

16. Social work personnel who serve in social welfare facilities under Article 2(1)10d of the Military Service Act (limited to persons who provide face-to-face services to senior citizens).

(3) Identity of the reporter shall be protected and shall not be disclosed against his or her will.

(4) The head of a relevant central administrative agency shall include the educational content related to the prevention of elder abuse and obligations to report elder abuse in the qualification course or refresher training course for persons falling under any subparagraph of paragraph (2) and shall submit the outcomes thereof to the Minister of Health and Welfare. <Added on Oct. 22, 2012; Mar. 13, 2018>

(5) The head of any of the following institutions to which a person with obligation to report elder abuse prescribed in paragraph (2) belongs shall provide education on prevention of elder abuse and obligation to report elder abuse for such person with obligation to report elder abuse under his or her jurisdiction and shall submit the outcomes thereof to the Minister of Health and Welfare: <Added on Mar. 13, 2018>

1. Welfare facilities for senior citizens prescribed in Article 31;

2. Intermediate care hospitals and general hospitals prescribed in Article 3(2)3d and e of the Medical Service Act;

3. Long-term care institutions defined in subparagraph 4 of Article 2 of the Long-Term Care Insurance Act.

(6) Matters necessary for the content, time and method, etc. of training under paragraphs (4) and (5) shall be prescribed by Decree of the Ministry of Health and Welfare. <Added on Oct. 22, 2012; Mar. 13, 2018>

[This Article Added on Jan. 29, 2004]

[Title Amended on Oct. 22, 2012]

Article 39-7(Obligation to take emergency measures) #

(1) Any staff member of an elder protection agency or judicial police officer who has received a report on elder abuse under Article 39-6 shall promptly go to the scene of elder abuse. In such cases, the head of an elder protection agency or the head of an investigation agency may request that the relevant staff member or a police officer under his or her control accompany the other party to the scene of the elder abuse, and upon receipt of such request, he or she shall instruct the relevant staff member or a police officer under his or her control to do so. <Amended on Jan. 28, 2015>

(2) Where any staff member of an elder protection agency or judicial police officer goes to the scene of the elder abuse pursuant to paragraph (1), he or she may enter the place of such abuse and conduct an investigation into the related persons, or an interrogation thereof, in order to protect the victim. In such cases, the staff member of the elder protection agency may conduct an investigation or interrogation, only for protecting the victim of the relevant elder abuse. <Added on Jan. 28, 2015>

(3) Where any staff member of an elder protection agency or judicial police officer enters the place of the elder abuse and conducts an investigation or interrogation pursuant to paragraph (2), he or she shall carry an identification indicating his or her authority and present it to the relevant persons. <Added on Jan. 28, 2015>

(4) Where any staff member of an elder protection agency or judicial police officer conducts an investigation or interrogation pursuant to paragraph (2), he or she shall take necessary measures, such as conducting an investigation at a place in the absence of the relevant elder abuser, so that the victim, reporter, observer, and other relevant persons can state his or her opinions freely. <Added on Jan. 28, 2015>

(5) A person who has arrived at the scene of abuse pursuant to paragraph (1), shall separate the elder abuse victim from the abuser or shall guide senior citizens to an elder protection agency or a medical institution where medical treatment is deemed necessary. <Amended on Jan. 28, 2015>

(6) No person shall refuse, or interfere with, an on-site investigation conducted by a person who has arrived at the scene of elder abuse, without good cause. <Added on Jun. 7, 2011; Jan. 28, 2015>

(7) Where the head of an elder protection agency established under Article 39-5 requests, in performing his or her duties concerning the protection, treatment, etc. of any elder abuse victim, the State or a local government to cooperate in taking necessary measures, such as inquiring into the identification of the victim, his or her guardian, or his or her abuser, the State or the local government so requested shall actively cooperate therein, except in extenuating circumstances. <Added on Dec. 29, 2015>

(8) Matters concerning the procedures for requesting inquiries into identification, the scope thereof, etc. referred to in paragraph (7) shall be prescribed by Presidential Decree. <Added on Dec. 29, 2015>

[This Article Added on Jan. 29, 2004]

Article 39-10(Obligations to report missing senior citizens and the like) #

(1) No one shall keep in custody a missing senior citizen (hereinafter referred to as "missing senior citizen"), who lost touch with a guardian due to an accident, etc., without filing a report thereon to the head of a police station or the head of a local government without good cause. <Amended on Jun. 4, 2013>

(2) The head of a welfare institution for senior citizens under Article 31 (including an institution protecting senior citizens without authorization and report, etc. as a welfare institution or an institution equivalent thereto under subparagraph 4 of Article 2 of the Social Welfare Services Act; hereinafter referred to as a "protection institution") or its employee shall, when he or she has confirmed the identity of a missing senior citizen in the course of performing his or her duties, immediately fill out an identification card form prescribed by Decree of the Ministry of Health and Welfare and submit it to the head of a local government and the head of an agency performing the affairs prescribed in paragraph (3)2. <Amended on Aug. 4, 2011>

(3) The Minister of Health and Welfare shall perform the affairs prescribed in the following for the prevention of such incidents, for the early identification and return of a missing senior citizen. In such cases, the Minister of Health and Welfare may entrust the whole or part of his or her affairs to a juristic person or an organization related to the welfare of senior citizens:

1. Investigation and research related to missing senior citizens;

2. Establishment and operation of database on missing senior citizens;

3. Other matters necessary for protecting and supporting missing senior citizens.

(4) The Commissioner of the National Police Agency shall take the following steps for the early location and return of missing senior citizens: <Added on Jun. 7, 2011; Jun. 4, 2013>

1. The establishment and operation of a system for reporting missing senior citizens;

2. Other matters necessary for locating missing senior citizens and helping them return;

3. Deleted. <Jun. 4, 2013>

(5) Deleted. <Jun. 4, 2013>

[This Article Added on Aug. 3, 2007]

[Previous Article 39-10 moved to Article 39-11 <Aug. 3, 2007>]

Article 39-17(Restrictions on employment at senior citizen-related institutions) #

(1) Where a court sentences a person to a penalty or medical treatment and custody for committing a crime related to elder abuse, it shall issue an order (referring to notice in cases of a summary order) to prohibit such person from operating any of the following facilities or institutions (hereinafter referred to as "senior citizen-related institutions") or from finding a job at or providing actual labor to senior citizen-related institutions (hereinafter referred to as "order of employment restriction") for a specified period (hereinafter referred to as "period of restricted employment") from the date the execution of such penalty or medical treatment and custody is wholly or partially terminated, suspended, or exempted (where a person is sentenced to punishment of a fine, referring to the date such sentence is made final and conclusive) by ruling (including a summary order; hereinafter the same shall apply), concurrently as it renders a judgment on the relevant crime; provided, the foregoing shall not apply where the person is highly unlikely to recommit a crime, or where it is deemed there are extenuating circumstances to lift the restriction of employment: <Amended on May 29, 2016; Dec. 11, 2018; Jun. 13, 2023>

1. A welfare facility for senior citizens referred to in Article 31;

2. A long-term care institution referred to in Article 31 of the Long-Term Care Insurance Act;

3. The emergency call centers provided for by Article 4-6 of the Act on the Prevention of Domestic Violence and Protection of Victims, counseling centers related to domestic violence provided for by Article 5 of that Act, and protection facilities for victims of domestic violence provided for by Article 7-2 of that Act;

4. The healthy home support centers provided for by Article 35 of the Framework Act on Healthy Families;

5. The support centers for multicultural families provided for by Article 12 of the Multicultural Families Support Act;

6. The counseling centers for victims of sexual assault provided for by Article 10 of the Sexual Violence Prevention and Victims Protection Act, protective facilities for victims of sexual assault provided for by Article 12 of that Act, and integrated support centers for victims of sexual assault provided for by Article 18 of that Act;

7. A medical institution referred to in Article 3 of the Medical Service Act;

8. The welfare facilities for persons with disabilities provided for by Article 58 of the Act on Welfare of Persons with Disabilities;

9. A mental health welfare center or mental health improvement facility referred to in Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;

10. An institution or organization that provides service for senior citizens living alone under Article 27-2;

11. A Support Center for Senior Citizens Living Alone under Article 27-3;

12. An institution providing activity assistant services under subparagraph 6 of Article 2 of the Act on Support for Activities of Persons with Disabilities;

13. A dementia care center under Article 17 of the Dementia Management Act.

(2) The period of restricted employment referred to in paragraph (1) shall not exceed 10 years. <Added on Dec. 11, 2018>

(3) Where the court intends to issue an order of employment restriction under paragraph (1), it may seek opinions on the recidivism risk, etc. of the person subject to the order of employment restriction from neuropsychiatrists, psychologists, scholars of social welfare science, experts related to elder abuse, and other relevant experts. <Added on Dec. 11, 2018>

(4) The head of an administrative agency having jurisdiction over the report on, authorization, permission, etc. for establishment of any senior citizen-related institution specified in any subparagraph of paragraph (1) (hereafter referred to as "head of the competent administrative agency" in this Article) shall request the heads of the relevant agencies to inquire into the elder abuse-related criminal history of a person who intends to operate any senior citizen-related institution, after obtaining consent from the relevant person; provided, where a person who intends to operate a senior citizen-related institution directly submits a written reply to a request for inquiry of elder abuse-related criminal history to the head of the competent administrative agency, it shall be deemed that the inquiry of elder abuse-related criminal history has been conducted. <Amended on Dec. 11, 2018>

(5) The head of a senior citizen-related institution shall verify whether a person currently working for, or providing actual labor to, the institution or a person intending to be employed by, or to provide actual labor to, the institution (hereinafter referred to as "employee, etc.") has any criminal history related to elder abuse; in such cases, he or she shall request that the heads of the relevant agencies inquire into such criminal history, after obtaining consent from the relevant person; provided, where employees, etc. directly submit a written reply to a request for inquiry of elder abuse-related criminal history to the heads of senior citizen-related institutions, it shall be deemed that the inquiry of elder abuse-related criminal history has been conducted. <Amended on Dec. 11, 2018>

(6) The head of the competent administrative agency shall inspect and verify, directly or by inquiries from the relevant agencies, etc., whether any person subject to an order of employment restriction operates any senior citizen-related institution or works for or provides actual labor to such institution at least once per year, and submit the outcomes thereof to the head of the competent administrative agency. In such cases, the head of the relevant central administrative agency shall disclose the results of the inspection and verification using the website, etc. as prescribed by Presidential Decree. <Amended on Dec. 11, 2018; Jun. 13, 2023>

(7) Where it is necessary for the check and verification prescribed in paragraph (6), the head of the competent administrative agency may request submission of related data from the head of the relevant senior citizen-related institution. <Added on Dec. 11, 2018>

(8) Where the head of a senior citizen-related institution finds out that any person subject to an order of employment restriction is working for or providing actual labor to the senior citizen-related institution, he or she shall dismiss such person immediately. <Added on Dec. 11, 2018>

(9) Where any person is operating a senior citizen-related institution in violation of an order of employment restriction, the head of the competent administrative agency shall require such head of the senior citizen-related institution to close the institution; and where any person is working for or providing actual labor to a senior citizen-related institution in violation of an order of employment restriction, the head of the competent administrative agency shall require the head of the senior citizen-related institution to dismiss such person. <Amended on Dec. 11, 2018>

(10) Where the head of a senior citizen-related institution refuses to comply with a request for closure referred to in paragraph (9) without good cause or fails to do as requested within three months, the head of the competent administrative agency may close the senior citizen-related institution, revoke the permission, authorization, etc. for the institution, or require the head of the relevant administrative agency to do so, as prescribed by Presidential Decree. <Amended on Dec. 11, 2018>

(11) Upon receipt of a request for inquiries into elder abuse-related criminal history under paragraphs (4) through (6), the heads of the relevant agencies shall issue a written reply to a request for inquiry of elder abuse-related criminal history. <Amended on Dec. 11, 2018>

(12) Matters necessary for the procedures for and scope of a request for inquiry of elder abuse-related criminal history, the methods for submitting the outcomes of check and verification, etc. prescribed in paragraphs (4) through (6) shall be prescribed by Presidential Decree. <Amended on Dec. 11, 2018>

[This Article Added on Dec. 29, 2015]

Article 39-18(Publication of violations) #

(1) With regard to any facility operated by a corporation, etc. punished under Article 60 for committing any prohibited act specified in Article 39-9, the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu may publicize the relevant violations, details of punishment, name of the corporation or facility, name of the representative, name of the head of the facility (limited to where the head of the facility is not the representative), and any other matters prescribed by Presidential Decree which are necessary to distinguish the relevant facility from other facilities. In such cases, he or she shall take account of the motive, severity, number, results, etc. of the violations, when determining whether to publicize the violations.

(2) Where the head and an employee of a welfare facility for senior citizens, who were subjected to the disposition under Article 39-14 or punished under Article 55-2, 55-3 (1) 2, or subparagraph 1 of Article 55-4, harm a senior citizen's life or cause serious harm to a senior citizen's body or mental health by committing any prohibited act specified in Article 39-9, the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu may publicize a history of violations they have committed, a list of their names, and any other matters prescribed by Presidential Decree. In such cases, he or she shall take account of the motive, severity, number, results, etc. of the violations, when determining whether to publicize the violations. <Amended on Dec. 2, 2016>

(3) Before publicizing any violation under paragraph (1) or (2), the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu shall notify the person subject to publication of such fact to give him or her an opportunity to submit explanatory materials or to attend and state his or her opinion.

(4) The procedures and method for publicizing violations under paragraph (1) or (2) and other necessary matters shall be prescribed by Presidential Decree.

[This Article Added on Dec. 29, 2015]

Article 39-19(Establishment of shelters for elder abuse victims) #

(1) The State and a local government may establish and operate a shelter for elder abuse victims (hereinafter referred to as "shelter") in order to protect senior citizens harmed by elder abuse (hereinafter referred to as "elder abuse victims" in this Article) for a specified period and provide them with mental and physical healing programs.

(2) The duties of shelters shall be as follows: <Amended on Dec. 29, 2020>

1. Assisting elder abuse victims to live in the shelter, such as protecting and providing them with meals and lodging;

2. Offering healing programs, such as professional psychological counseling to help elder abuse victims recover psychological stability;

2-2. Request for cooperation and support from the Korean Bar Association, local bar associations, or legal aid corporations established under the Legal Aid Act for consultation on legal issues, such as filing a complaint or a criminal charge against perpetrators of elder abuse;

3. Providing elder abuse victims with basic medical expenses incurred in treating physical and mental harm caused by abuse;

4. Providing professional counseling services to perpetrators, etc. of elder abuse in order to prevent the reoccurrence of abuse and restore the original family;

5. Any other matters prescribed by Decree of the Ministry of Health and Welfare for elder abuse victims who are admitted to or use the shelter.

(3) The State and a local government may entrust the operation of a shelter to an elder protection agency established under Article 39-5(1) or (2). In such cases, the State and the local government may subsidize expenses incurred in such entrustment.

(4) Matters concerning entrusting the operation of shelters and subsidizing expenses incurred in such entrustment under paragraph (3) shall be prescribed by Presidential Decree.

(5) Matters concerning the establishment standards for, and operation and personnel of, shelters as well as matters concerning persons eligible to be admitted to or use a shelter, the period, procedures, etc. for admission thereto, shall be prescribed by Decree of the Ministry of Health and Welfare.

[This Article Added on Mar. 14, 2017]

Article 40(Modification and closure) #

(1) Where a person who has established a residential welfare facility for senior citizens under Article 33(2) or a medical welfare facility for senior citizens under Article 35(2) intends to modify matters prescribed by Decree of the Ministry of Health and Welfare from among reported details with respect to the establishment or to close down or suspend such facility, he or she shall file a report thereon in advance to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 8, 1999; Mar. 31, 2005; Feb. 29, 2008; Jan. 18, 2010; Jun. 7, 2011>

(2) Deleted. <Jun. 7, 2011>

(3) Where a person who has established a leisure and welfare institution for senior citizens under Article 37(2) or a commuting-system welfare facility for senior citizens at home under Article 39(2) intends to modify matters prescribed by Decree of the Ministry of Health and Welfare or to close down or suspend such facility, he or she shall file a report thereon in advance to the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 8, 1999; Feb. 29, 2008; Jan. 18, 2010>

(4) Upon receipt of a report on modification prescribed in paragraph (1) or (3), the head of a Si/Gun/Gu shall review the details thereof and accept such report if it complies with this Act. <Added on Mar. 13, 2018>

(5) Where the head of a residential welfare facility for senior citizens, the head of a medical welfare facility for senior citizens, the head of a leisure and welfare institution for senior citizens, or the head of a commuting-system welfare facility for senior citizens at home closes or suspends the relevant facility, he or she shall take measures to protect the rights and interests of users of the facility, such as formulating and implementing an action plan to enable them to use other facilities, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Dec. 29, 2015>

(6) Upon receipt of a report on closure or suspension of a welfare facility for senior citizens under paragraph (1) or (3), the head of a Si/Gun/Gu shall take measures prescribed by Decree of the Ministry of Health and Welfare, such as verifying whether the head of the facility has taken measures to protect the rights and interests of users of the facility under paragraph (5) and shall accept the report if the details thereof comply with this Act. <Added on Dec. 29, 2015; Mar. 13, 2018>

[Title Amended on Feb. 8, 1999]

Article 43(Suspension of business) #

(1) Where a residential welfare facility for senior citizens, a medical welfare facility for senior citizens, or an agency helping senior citizens land jobs under Article 9(1)2 of the Act on Support for Employment and Social Activities of Senior Citizens falls under any of the following, a Mayor/Do Governor or the head of a Si/Gun/Gu may order the suspension or closure of business for up to 1 month: <Amended on Feb. 8, 1999; Mar. 31, 2005; Aug. 3, 2007; Jan. 25, 2010; Jun. 4, 2013; Aug. 13, 2013; Mar. 13, 2018; Apr. 30, 2019; Oct. 31, 2023>

1. Where it fails to meet the standards for facilities, etc. under Article 33(4) or 35(4), or Article 9(6) of the Act on Support for Employment and Social Activities of Senior Citizens;

2. Where it refuses to accept entrustment in violation of Article 41;

3. Where it fails to file a report or to submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades an investigation or inspection, without good cause;

4. Where it violates Article 46(5);

5. Where a person who establishes or operates the facility or agency or a worker thereof abuses a resident or user of such facility or agency.

(2) Where a leisure welfare facility for senior citizens or a commuting-system welfare facility for senior citizens at home falls under any of the following, the head of a Si/Gun/Gu may order the suspension or closure of business for a maximum period of one month: <Amended on Feb. 8, 1999; Aug. 3, 2007; Aug. 13, 2013; Mar. 13, 2018; Apr. 30, 2019>

1. Where it fails to satisfy the criteria for facilities, etc. prescribed in Article 37(4) or 39(4);

2. Where it refuses to accept entrustment in violation of Article 41 (limited to a commuting-system welfare facility for senior citizens at home);

3. Where it fails to file a report or to submit data under Article 42, files a false report or submits false data, or refuses, obstructs, or evades an investigation or inspection, without good cause;

4. Where it violates Article 46(7);

5. Where a person who establishes or operates the facility or a worker thereof abuses a resident or user of such facility.

(3) Where a residential welfare facility for senior citizens or a medical welfare facility for senior citizens suspends or closes its business pursuant to paragraph (1), or where a leisure and welfare institution for senior citizens or a commuting-system welfare facility for senior citizens at home suspends or closes its business pursuant to paragraph (2), the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu shall take necessary measures to protect the rights and interests of users of the relevant facility, such as transferring users of the facility to any other facility. <Added on Dec. 29, 2015>

(4) The detailed criteria for administrative disposition provided for in paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Health and Welfare, in consideration of the gravity of violations, etc. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018>

Article 46(Collecting and requesting expenses) #

(1) A welfare services agency that has defrayed expenses for welfare measures prescribed in Articles 27 and 28 may collect or request all or part of the expenses defrayed from the relevant senior citizen or the person who is under duty to support him or her, as prescribed by Presidential Decree. <Amended on Jan. 15, 2019>

(2) Where a person who is not responsible for providing support offers the level of protection that corresponds to welfare measures prescribed in Article 28, he or she shall immediately inform the person who is under duty to support or the welfare services agency of such fact.

(3) A person who has offered protection under paragraph (2) may request all or part of the expenses for the protection from a person who is under duty to support.

(4) Matters necessary for the request, etc. for expenses defrayed under paragraph (1) or (3) shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>

(5) If a person who has established an institution for senior citizens, a communal living home for senior citizens, and a welfare house for senior citizens under Article 32(1), or a sanatorium for senior citizens and a medical treatment and communal living home for senior citizens under Article 34(1), intends to collect expenses from persons, other than recipients of livelihood benefits referred to in Article 7(1)1 of the National Basic Living Security Act or recipients of medical benefits referred to in Article 7(1)3 of that Act, who are admitted to or who access such facilities, he or she shall report thereon to the head of a Si/Gun/Gu; provided, where he or she collects expenses within the collection limit prescribed by Decree of the Ministry of Health and Welfare, this shall not apply. <Amended on Feb. 8, 1999; Mar. 31, 2005; Aug. 3, 2007; Feb. 29, 2008; Jan. 18, 2010; Dec. 29, 2015>

(6) Deleted. <Feb. 8, 1999>

(7) If a person who has established a leisure and welfare institution for senior citizens under Article 36(1) or a commuting-system welfare facility for senior citizens at home under Article 38(1) or who provides conveniences thereof intends to collect expenses incurred therein from the person who uses such facilities, he or she shall report, in advance, to the head of a Si/Gun/Gu.

(8) A person who establishes, or provides conveniences at, a welfare services agency under Article 28(2) or a welfare facility for senior citizens under Article 31 may receive payment for expenses under paragraphs (1) and (3) by means of credit card, debit card or pre-paid card under Article 2 of the Specialized Credit Finance Business Act. <Added on Dec. 3, 2019>

[Title Amended on Jan. 15, 2019]

Article 61-2(Administrative fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Added on Dec. 11, 2018; Jun. 13, 2023>

1. A person who refuses an on-site investigation conducted by a person who arrives at the scene of elder abuse or interferes with business affairs of such person, in violation of Article 39-7(6);

2. The head of a senior citizen-related institution who refuses to comply with a request for dismissal pursuant to Article 39-17(9) without just cause or fails to comply with such request within one month.

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 29, 2015; Dec. 11, 2018; Dec. 21, 2021>

1. A person who fails to file a report or submit data or files a false report or false data, in violation of an order issued under Article 39-11(2);

2. A person who fails to file a report on an elder abuse case, in violation of Article 39-6(2); provided, social work personnel under Article 39-6(2)16 shall be excluded herefrom;

3. The head of any senior citizen-related institution who fails to verify whether his or her employees, etc. have any criminal history related to elder abuse, in violation of Article 39-17(5).

(3) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Added on Dec. 29, 2020>

1. A perpetrator of elder abuse who fails to receive counseling, education, or psychotherapy without good cause, in violation of Article 39-16(2).

2. A guardian or family member of an elder abuse victim who refuses or interferes with the performance of duties by an elder protection agency without good cause, in violation of Article 39-20(5).

(4) Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Jun. 7, 2011; Oct. 22, 2012; Jan. 28, 2015; Dec. 29, 2020>

1. Deleted; <Dec. 29, 2015>

2. A person who fails to submit an identification card, in violation of Article 39-10(2);

3. A person who closed or suspended a welfare facility for senior citizens without filing a report, in violation of Article 40.

(5) An administrative fine referred to in paragraphs (1) through (4) shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 22, 2012; Dec. 29, 2020>

[This Article Added on Aug. 3, 2007]

WELFARE OF SENIOR CITIZENS ACT

Article 1(Purpose) #

Article 1-2(Definitions) #

Article 2(Fundamental concepts) #

Article 3(Development and maintenance of family system) #

Article 4(Responsibility for promoting health and welfare) #

Article 4-2(Prevention of safety accidents) #

Article 4-3(Senior-friendly cities) #

Article 5(Fact-finding survey on status of senior citizens) #

Article 5-2(Policy impact assessment for senior citizens) #

Article 6(Senior Citizens’ Day) #

Article 6-2(Production, distribution and transmission of publicity videos) #

Article 6-3(Human rights education) #

Article 7(Counselor for welfare of senior citizens) #

Article 8(Residential facilities reserved for senior citizens) #

Article 9 #

Article 10 #

Article 11 #

Article 12 #

Article 13 #

Article 14 #

Article 15 #

Article 16 #

Article 17 #

Article 18 #

Article 19 #

Article 20 #

Article 21 #

Article 22 #

Article 23(Assistance for social participation of senior citizens) #

Article 23-2 #

Article 23-3 #

Article 24(Commissioning of community service counselors and their duties) #

Article 25(Occupation assistance) #

Article 26(Preferential treatment of senior citizens) #

Article 27(Medical examinations) #

Article 27-2(Support for senior citizens living alone) #

Article 27-3(Support Centers for Senior Citizens Living Alone) #

Article 27-4(Medical support for geriatric illnesses) #

Article 28(Measures including counseling and admission) #

Article 29 #

Article 29-2 #

Article 30(Medical treatment projects for rehabilitation of senior citizens) #

Article 31(Types of welfare facilities for senior citizens) #

Article 31-2(Relationship with reporting under the Social Welfare Services Act) #

Article 32(Residential welfare institutions for senior citizens) #

Article 33(Establishment of residential welfare facility for senior citizens) #

Article 33-2(Qualifications for admission to welfare houses for senior citizens) #

Article 33-3 #

Article 34(Medical and welfare institutions for senior citizens) #

Article 35(Establishment of medical and welfare institutions for senior citizens) #

Article 36(Leisure and welfare institutions for senior citizens) #

Article 37(Establishment of leisure and welfare institution for senior citizens) #

Article 37-2(Subsidization of expenses incurred in purchasing grain for centers for senior citizens) #

Article 37-3(Reduction of and exemption from public charges to centers for senior citizens) #

Article 38(Commuting-system welfare facility for senior citizens at home) #

Article 39(Establishment of commuting-system welfare facility for senior citizens at home) #

Article 39-2(Duties of caregivers and issuance of license thereof) #

Article 39-3(Designation of institute for caregiver education) #

Article 39-4(Installation of emergency telephone) #

Article 39-5(Establishment of elder protection agency) #

Article 39-6(Obligations and procedures for reporting elder abuse) #

Article 39-7(Obligation to take emergency measures) #

Article 39-8(Appointment of assistant) #

Article 39-9(Prohibited acts) #

Article 39-10(Obligations to report missing senior citizens and the like) #

Article 39-11(Investigations) #

Article 39-12(Prohibition of divulgence of secrets) #

Article 39-13(Disqualifications for caregivers) #

Article 39-14(Revocation of qualifications for caregivers) #

Article 39-15(Notification of elder abuse) #

Article 39-16(Counseling and education for perpetrators of elder abuse) #

Article 39-17(Restrictions on employment at senior citizen-related institutions) #

Article 39-18(Publication of violations) #

Article 39-19(Establishment of shelters for elder abuse victims) #

Article 39-20(Post management of elder abuse) #

Article 39-21(Formulation of guidelines for reports on abuse of senior citizens and request for cooperation in complying with such guidelines) #

Article 40(Modification and closure) #

Article 41(Obligations to accept entrustment) #

Article 42(Supervision) #