Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the National Basic Living Security Act and matters necessary for enforcing said Act.
[This Article Wholly Amended on Sep. 8, 2011]
Article 2(Individual household) #
(1) An individual household defined in subparagraph 8 of Article 2 of the National Basic Living Security Act (hereinafter referred to as the "Act"), shall be comprised of any of the following persons: <Amended on Apr. 20, 2015; Dec. 31, 2015>
1. A person registered on the resident registration record for each household referred to in Article 6(1) of the Enforcement Decree of the Resident Registration Act (excluding cohabitants), among inhabitants defined in Article 6(1)1 of the same Act;
2. Any of the following persons not specified in subparagraph 1:
a. The spouse of a person falling under subparagraph 1 (including a person in a de facto marital relationship therewith; hereinafter the same shall apply);
b. A person under 30 years of age, among unmarried children of a person falling under subparagraph 1;
c. A person who shares livelihood or dwells with a person falling under subparagraph 1 (limited to where a person responsible for livelihood, among persons falling under subparagraph 1, is his or her obligatory provider).
(2) Notwithstanding paragraph (1), any of the following persons shall be excluded from an individual household: <Amended on Apr. 20, 2015; Nov. 29, 2016; Jun. 21, 2022>
1. A person whose livelihood is guaranteed in connection with performing duties, while living in other place to perform his or her legal duties, such as a soldier in active duty;
2. A person who falls under any of the following items and who stays or has stayed abroad for more than 60 days in total within the period of 180 days counted backward from the date on which the investigation is commenced:
a. A person subject to an investigation under Article 22 of the Act (excluding a person who files an application for benefits under Article 21 of the Act for the first time);
b. A recipient subject to an investigation under Article 23 of the Act;
3. A person who is housed in a correctional institution, detention center, facility for treatment and custody, etc. specified in the Administration and Treatment of Correctional Institution Inmates Act; the Act on Medical Treatment and Custody; or any other statute;
4. A person who is paid benefits by any livelihood security facility referred to in Article 32 of the Act;
5. A person for whom the procedures for declaring disappearance are pending;
6. A person for whom one month has elapsed since he or she was reported to a police station or any other administrative agency as absconding or missing; or who has been confirmed as absconding or missing by a Special Self-Governing City Mayor; a Special Self-Governing Province Governor; or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as the "head of a Si/Gun/Gu);
7. Any other person confirmed by the head of a Si/Gun/Gu to earn livelihood or dwell separately from a person falling under paragraph (1)1.
[This Article Wholly Amended on Sep. 8, 2011]
Article 3(Second-lowest income bracket) #
"Class ... whose recognized income is below the criteria prescribed by Presidential Decree" in subparagraph 10 of Article 2 of the Act means persons whose recognized income is below 50/100 of the standard median income.
[This Article Wholly Amended on Apr. 20, 2015]
[Moved from Article 3-2; previous Article 3 moved to Article 5 <Apr. 20, 2015>]
Article 3-2
[Moved to Article 3 <Apr. 20, 2015>]
Article 4(Scope of foreigners who qualify as eligible recipients) #
A foreigner who qualifies as an eligible recipient pursuant to Article 5-2 of the Act shall be any of the following persons who has filed for foreigner registration pursuant to Article 31 of the Immigration Act:
1. A person married to a national of the Republic of Korea, who falls under any of the following:
a. Where the person in question or the person's spouse who is a national of the Republic of Korea, is pregnant;
b. Where the person rears any minor child who is a national of the Republic of Korea (including a person in a stepfather-stepchild relationship; stepmother-stepchild relationship; or adoptive relationship; hereafter in this Article, the same shall apply);
c. Where the person shares livelihood or dwells with his or her spouse's lineal ascendant who is a national of the Republic of Korea;
2. A person who has been divorced from or bereaved of his or her spouse, who is a national of the Republic of Korea; and either rears any minor child who is a national of the Republic of Korea, or is pregnant with a child of the deceased spouse.
[This Article Wholly Amended on Sep. 8, 2011]
[Moved from Article 5-2; previous Article 4 moved to Article 5-6 <Apr. 20, 2015>]
Article 5(Scope of income) #
(1) "Actual income" in the provisions, with the exception of the subparagraphs, of Article 6-3(1) of the Act means the aggregate of the following income: <Amended on Apr. 17, 2012; Dec. 21, 2012; Jun. 30, 2014; Apr. 20, 2015; Dec. 31, 2015; Jun. 21, 2016; Sep. 18, 2018; Oct. 15, 2019; Dec 22, 2020; Jun. 29, 2021>
1. Earned income: Income earned in exchange for labor; provided, earned income not taxable under the Income Tax Act shall be excluded herefrom, and any of the following salaries shall be included herein:
a. A salary not taxable under subparagraph 3q of Article 12 of the Income Tax Act;
b. A salary not taxable under Article 16(1)1 of the Enforcement Decree of the Income Tax Act;
c. A salary equal to or above the amount set by the Minister of Health and Welfare from among the salaries not taxable pursuant to subparagraph 1 of Article 12 of the Enforcement Decree of the Income Tax Act;
2. Business income:
a. Agricultural income: Income earned from seed cultivation business; fruit growing or horticulture business; sericulture business; seed and seedling growing business; special crop-producing business; livestock farming business; breeding stock business; or incubation business; as well as from business incidental thereto;
b. Forestry income: Income earned from forest management business; forestry product-producing business; or wild bird and animal breeding business; as well as from business incidental thereto;
c. Fishery income: Income earned from fishery (including aquaculture business) as well as from business incidental thereto;
d. Other business income: Income earned from wholesale business; retail business; manufacturing business; or any other business;
3. Property income:
a. Rental income: Income generated from renting any real estate, movable property, right, or any other property;
b. Interest income: Income at least equal to the amount prescribed by the Minister of Health and Welfare, among income generated from interest, dividends or discounts derived from deposits, stocks or bonds;
c. Pension income: Income generated from pension or income earned pursuant to Article 20-3(1)2 or 3 of the Income Tax Act, as well as from pension insurance referred to in Article 4(1)1b of the Insurance Business Act;
Article 5-2(Scope of assessed amount of income, and criteria for assessing said amount) #
The assessed amount of income referred to in Article 6-3(1) of the Act shall be the remainder after deducting an amount specified in subparagraphs 1 through 12, from the actual income referred to in Article 5: <Amended on Dec. 31, 2015; Jun 21, 2016; May 29, 2017; Dec. 26, 2017; Jul. 16, 2019; Oct. 15, 2019; Dec. 24, 2019>
1. An amount of basic benefits referred to in Article 6 of the Act on Pensions for Persons with Disabilities; and an amount of additional benefits referred to in Article 7 of the same Act;
2. A disability allowance referred to in Article 49 of the Act on Welfare of Persons with Disabilities; and an allowance for children with disabilities and guardian allowance referred to in Article 50 of the same Act;
3. Childcare expenses referred to in Article 12(1)4 of the Single-Parent Family Support Act;
4. An allowance referred to in Article 7-3(1) of the Act on Assistance to Patients Suffering from Actual or Potential Aftereffects of Defoliants and Establishment of Related Organizations (limited to an amount corresponding to the basic benefits and the additional benefits referred to in subparagraph 1);
5. A stipend referred to in Article 14 of the Act on the Honorable Treatment of Persons of Distinguished Service to Independence; Article 14 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State; and Article 13 of the Act on Support for Persons Eligible for Veteran’s Compensation;
6. An amount not exceeding 20/100 of the standard median income of each one-person household publicly notified by the Minister of Health and Welfare pursuant to subparagraph 11 of Article 2 of the Act, of the honorable war veteran allowance referred to in Article 6 of the Act on Honorable Treatment of War Veterans and Establishment of Related Associations;
7. Medical expenses incurred continuously due to treatment of chronic diseases, etc., medical care, or rehabilitation;
8. An amount equivalent to 50/100 of the income earned by a person with a disability, by participating in any vocational rehabilitation activity performed by any of the following facilities:
a. Community rehabilitation facilities for persons with disabilities (limited to welfare centers for persons with disabilities) and vocational rehabilitation facilities for persons with disabilities, among the welfare facilities for persons with disabilities referred to in Article 58 of the Act on Welfare of Persons with Disabilities;
Article 5-3(Scope of property and criteria for property valuation) #
(1) The scope of property subject to conversion into income under the latter part of Article 6-3(2) of the Act shall include the following property: <Amended on Dec. 31, 2015; Jun. 29, 2021>
1. General property (the scope of general property specified in the following items may be determined differently for persons in the second-lowest income bracket based upon their living conditions, etc., as determined and publicly notified by the Minister of Health and Welfare):
a. Land, buildings, and housing defined in subparagraphs 1 through 3 of Article 104 of the Local Tax Act; provided, property owned by a clan; communal property of a village; or similar property used for common purposes, shall be excluded herefrom;
b. Aircraft and ships defined in subparagraphs 4 and 5 of Article 104 of the Local Tax Act;
c. A deposit for lease of housing, a commercial building, etc. (including a security deposit for lease on a deposit basis);
d. Movables worth at least one million won, such as livestock, seeds, and seedlings (excluding movable property prescribed by the Minister of Health and Welfare, such as assistive rehabilitation devices for persons with disabilities), and standing timber referred to in subparagraph 11 of Article 6 of the Local Tax Act;
e. Fishing rights and aquaculture rights under subparagraphs 13 and 13-2 of Article 6 of the Local Tax Act;
f. Membership defined in subparagraphs 14 through 18 of Article 6 of the Local Tax Act;
g. Right to acquire a house as a housing association member referred to in Article 89(2) of the Income Tax Act;
h. Right to acquire a building and appertinent land upon completion of construction of such building (excluding the right to acquire a house as a housing association member referred to in item g);
2. Monetary assets:
a. Cash and financial assets defined in subparagraph 2 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
b. An insurance product defined in subparagraph 1 of Article 2 of the Insurance Business Act;
3. Automobiles referred to in Article 124 of the Local Tax Act; provided, automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as an automobile used by a person with a disability, shall be excluded herefrom;
Article 5-4(Amount of income converted from property) #
(1) The amount of income converted from property referred to in Article 6-3(2) of the Act shall be the aggregate of the following amounts:
1. An amount calculated by multiplying the remainder after deducting the following amounts (hereafter in this paragraph, referred to as "amount of fundamental property, etc.") from the property value referred to in Article 5-3(1)1 and the value of automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as trucks, among automobiles referred to in Article 5-3(1)3 (hereinafter in this paragraph, referred to as "general property equivalent"), by the income conversion rate referred to in paragraph (2) (hereafter in this paragraph, referred to as "income conversion rate"); and in such cases, the general property equivalent shall be 0, if the remainder after deducting the amount of fundamental property, etc. from the general property equivalent is less than 0; and a difference of less than 0 shall be deducted from the property value referred to in Article 5-3(1)2:
a. The amount of fundamental property prescribed and publicly notified by the Minister of Health and Welfare, as deemed necessary for guaranteeing a basic livelihood;
b. A rental deposit (including security deposit for lease on a deposit basis); loans received from a financial company, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality (hereinafter referred to as "financial company, etc."); and other debts prescribed and publicly notified by the Minister of Health and Welfare;
2. An amount calculated by multiplying the remainder after deducting the amount saved for any purpose specified in Article 21-2(3) and deposited into an account opened to use only for such purpose pursuant to a contract with a financial company, etc. (excluding where the relevant savings are terminated before the expiration of the contract) from the property value referred to in Article 5-3(1)2, by the income conversion rate; provided, where the amount deducted under the latter part of subparagraph 1, with the exception of its items, is less than 0, the value of monetary assets shall be 0;
3. An amount calculated by multiplying the property value referred to in Article 5-3(1)3 (excluding the value of automobiles prescribed and publicly notified by the Minister of Health and Welfare, such as trucks, among automobiles referred to in Article 5-3(1)3), by the income conversion rate.
(2) The income conversion rate referred to in Article 6-3(2) of the Act, shall be prescribed and publicly notified by the Minister of Health and Welfare based upon the interest rate, inflation rate, and rate of increase of real property and security deposit for lease on a deposit basis.
Article 5-5(Standards for benefits paid to persons in second-lowest income bracket) #
(1) Benefits paid to persons in the second-lowest income bracket pursuant to Article 7(3) of the Act shall be self-support benefits. <Amended on Apr. 20, 2015; Dec. 31, 2015>
(2) Self-support benefits referred to in paragraph (1) shall be paid pursuant to Articles 17 through 21 and 21-2 in consideration of the ability to work, employment status, household conditions, etc., of persons in the second-lowest income bracket.
(3) Procedures for applying for, and paying, self-support benefits under paragraph (2), and other necessary matters, shall be prescribed by Decree of the Ministry of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
[Moved from Article 5-3 <Apr. 20, 2015>]
Article 5-6(Persons incapable of providing support) #
(1) "Where an obligatory provider fails to meet the income and property criteria prescribed by Presidential Decree" in Article 8-2(1)1 of the Act means any of the following obligatory providers: <Amended on Dec. 30, 2011; Apr. 20, 2015>
1. A recipient;
2. Deleted; <Apr. 20, 2015>
3. Any of the following persons for whom the amount of income converted from property is less than the amount prescribed and publicly notified by the Minister of Health and Welfare:
a. A person for whom the remainder after deducting, from the actual income referred to in Article 5, the amount prescribed and publicly notified by the Minister of Health and Welfare based upon diseases, education, and household characteristics (hereinafter referred to as "income remaining after deduction") is less than the standard median income;
b. A person engaged in daily work, etc.; and in such cases, daily work means work the remuneration for which is paid on a daily or hourly basis during which labor is provided, and the employment contract term for which is less than one month;
4. A person satisfying all of the following requirements, who is not specified in subparagraphs 1 through 3:
a. The income remaining after deduction shall be less than the amount calculated by aggregating 40/100 of the standard median income of eligible recipients and the standard median income of the relevant obligatory provider;
b. The amount of income converted from property must be less than the amount prescribed and publicly notified by the Minister of Health and Welfare;
c. The relevant person must regularly pay the relevant eligible recipient an amount determined by the Minister of Health and Welfare within the amount equivalent to the standard median income of obligatory providers of the relevant household deducted from the relevant provider’s income remaining after deduction;
5. Deleted. <Apr. 20, 2015>
(2) Notwithstanding paragraph (1), the Minister of Health and Welfare may relax the criteria for recognizing the ability to provide support, in any of the following cases: <Amended on Apr. 20, 2015>
1. Where an obligatory provider is a married daughter, or a lineal ascendant of a married daughter;
2. Where a person with a severe disability defined in subparagraph 1 of Article 2 of the Act on Pensions for Persons with Disabilities resides in the household of an obligatory provider;
Article 6(Methods of paying livelihood benefits) #
(1) Where an amount of money is prepaid monthly as livelihood benefits under the main clause of Article 9(2) of the Act and Article 27-2 of the Act, such amount shall be deposited into a designated account of a financial company, etc. in the relevant recipient's name, on the 20th day of each month (the preceding day, if it falls on Saturday or public holiday). <Amended on Oct. 15, 2014; Apr. 20, 2015; Oct. 15, 2019>
1. Deleted; <Oct. 15, 2019>
2. Deleted; <Oct. 15, 2019>
3. Deleted. <Oct. 15, 2019>
(2) Deleted. <Oct. 15, 2019>
(3) Deleted. <Oct. 15, 2019>
(4) Where a recipient lives in an area where no financial company, etc. are found, or there are unavoidable circumstances, such as computer network disruptions, etc., the amount may be paid directly to such recipient, notwithstanding paragraph (1). <Amended on Apr. 20, 2015; Oct. 15, 2019>
[This Article Wholly Amended on Sep. 8, 2011]
Article 7(Recipients able to work) #
(1) A recipient who has ability to work as prescribed in the former part of Article 9(5) of the Act, shall be a recipient between the ages of 18 and 64 years; provided, any of the following persons shall be excluded herefrom: <Amended on Apr. 20, 2015>
1. A person with a severe disability defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;
2. A person determined by the head of a Si/Gun/Gu as being unable to work based on a work ability assessment, among persons in need of medical treatment or care due to diseases, injuries, or aftereffects thereof;
3. Deleted; <Dec. 30, 2011>
4. Deleted; <Dec. 30, 2011>
5. Any other person prescribed by the Minister of Health and Welfare as being unable to work.
(2) The head of a Si/Gun/Gu may request the National Pension Service established under Article 24 of the National Pension Act to assess ability to work referred to in paragraph (1)2. <Added on Jun. 12, 2010; Apr. 20, 2015>
(3) Any person dissatisfied with the determination referred to in paragraph (1)2, may file an application for appeal with the head of a Si/Gun/Gu, as prescribed by Decree of the Ministry of Health and Welfare. <Added on Jun. 12, 2012; Apr. 20, 2015>
(4) The standards, methods and procedures for assessing ability to work under paragraph (1)2, and other necessary matters, shall be prescribed and publicly notified by the Minister of Health and Welfare. <Amended on Jun. 12, 2012>
[This Article Wholly Amended on Sep. 8, 2011]
Article 8(Conditional recipients) #
(1) A person who receives livelihood benefits on condition that he or she participate in a project required for self-support (hereinafter referred to as "self-support project") pursuant to Article 9(5) of the Act (hereinafter referred to as "conditional recipient"), shall be deemed a recipient able to work referred to in Article 7.
(2) Notwithstanding paragraph (1), the head of a Si/Gun/Gu may defer imposing the condition referred to in paragraph (1), for any of the following persons among recipients able to work referred to in Article 7; provided, the period of deferment shall not exceed three months for persons specified in subparagraph 3: <Amended on Nov. 29, 2016>
1. Any of the following persons who have difficulty participating in a self-support project due to individual household conditions, personal circumstances, etc.:
a. A recipient who raises, nurses, or protects any preschool child, a household member unable to move due to a disease, injury, disability, etc., or a household member in need of special protection due to dementia, etc. (limited to one person per household; and excluding where another household member can raise, nurse, or protect such child or household member or where such child or household member receives child care, nursing, or protection services at social welfare facilities, etc.);
b. A person who attends any school defined in the subparagraphs (excluding subparagraph 5) of Article 2 of the Higher Education Act;
c. A person with a disability who participates in any project for employment promotion and vocational rehabilitation implemented by an institution responsible for the execution of vocational rehabilitation of disabled persons referred to in Article 9 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities, or by the Korea Employment Agency for the Disabled established under Article 43 of the same Act;
d. A woman who is pregnant or for whom less than six months have passed since child delivery;
e. A person who performs legal duties, such as military alternative service workers;
2. Any of the following persons, who earns income exceeding the standard prescribed and publicly notified by the Minister of Health and Welfare in return for engaging in any work or business:
a. A person who works for an average of at least three days a week (limited to where the relevant person works for at least six hours a day), or for at least 22 hours during an average of at least four days a week;
Article 9(Preferential use of social welfare facilities) #
In order for recipients specified in Article 8(2)1a to participate in work or self-support projects, a livelihood security agency shall take measures necessary to enable them to preferentially use child care, nursing, or protection services provided by social welfare facilities, etc. <Amended on Jun. 21, 2016>
[This Article Wholly Amended on Sep. 8, 2011]
Article 10(Self-support projects) #
(1) A self-support project means any of the following projects: <Amended on Jun. 12, 2012; Apr. 20, 2015>
1. Vocational training referred to in Article 18;
2. Job placement services, etc. referred to in Article 19;
3. Self-support labor referred to in Article 20;
4. Employment by a place of business offered by the head of an employment security office defined in subparagraph 1 of Article 2-2 of the Employment Security Act (hereinafter referred to as "employment security office");
5. Public labor projects referred to in Article 34(1)5 of the Framework Act on Employment Policy;
6. Projects implemented by regional self-sufficiency centers referred to in Article 16 of the Act (hereinafter referred to as "regional self-sufficiency centers");
7. Projects implemented by self-support companies referred to in Article 18 of the Act (hereinafter referred to as "self-support companies");
8. Business start-ups by individuals, or joint business start-ups;
9. Volunteer services to increase the relevant recipient's motivation to work and maintain his or her ability to work;
10. Other projects prescribed and publicly notified by the Minister of Health and Welfare, as deemed necessary for self-sufficiency of recipients.
(2) Where a conditional recipient who receives livelihood benefits on condition that he or she participate in volunteer services pursuant to paragraph (1)9 intends to engage in any other volunteer service, the head of the competent Si/Gun/Gu may recognize such volunteer service as meeting a condition for livelihood benefits, based upon the details and period of the volunteer service, verifier of the provision of the volunteer service, etc.; and may recognize the volunteer service by changing the details, etc. thereof, if necessary. <Amended on Apr. 20, 2015>
[This Article Wholly Amended on Sep. 8, 2011]
[Title Amended on Apr. 20, 2015]
Article 11(Method of offering conditions for livelihood benefits and notification of results) #
(1) The head of a Si/Gun/Gu shall offer the relevant conditional recipient the opportunity to participate in a self-support project according to a self-sufficiency benefits plan formulated pursuant to Article 28 of the Act (hereinafter referred to as "self-sufficiency benefits plan for each household"), as a condition for livelihood benefits, within one month from the date he or she has been determined as a conditional recipient, pursuant to Article 9(5) of the Act. <Amended on Apr. 20, 2015>
(2) Notwithstanding paragraph (1), where a conditional recipient's ability to work, desire for self-sufficiency, household conditions, etc. are appropriate for employment, the head of a Si/Gun/Gu shall offer such conditional recipient (hereinafter referred to as "person eligible for employment") the opportunity to participate in a self-support project designated by the head of an employment security office having jurisdiction over the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply) as a condition for livelihood benefits, in order to facilitate his or her employment. In such cases, the head of a Si/Gun/Gu shall notify, without delay, the head of an employment security office of such person's participation in a self-support project in writing (including by electronic documents). <Amended on Apr. 20, 2015>
(3) Upon receipt of notification under the latter part of paragraph (2), the head of an employment security office shall designate a self-support project to be participated in by the relevant person eligible for employment according to an employment support plan for each individual referred to in Article 13(1); and shall notify, without delay, the person eligible for employment and the head of the competent Si/Gun/Gu thereof in writing (including by electronic documents). <Amended on Apr. 20, 2015>
(4) The head of an employment security office shall notify the head of the competent Si/Gun/Gu of the results of participation in a self-support project, including his or her opinions, etc. on the relevant person eligible for employment referred to in paragraph (3) fulfilling the condition, in writing (including by electronic documents) every three months; provided, where a person eligible for employment withdraws from fulfilling, or refuses to fulfill, the condition midway, or any other ground arises, the head of an employment security office shall notify, without delay, the head of the competent Si/Gun/Gu of the results of the incident in writing (including by electronic documents). <Amended on Apr. 20, 2015>
Article 12(Entrustment of self-support projects) #
(1) The head of a Si/Gun/Gu and the head of an employment security office may entrust the implementation of self-support projects for conditional recipients to a public institution, private institution, public organization, or private organization that implements self-support projects specified in the subparagraphs of Article 10(1) (hereinafter referred to as "self-support project implementing agency"). In such cases, the head of a Si/Gun/Gu and the head of an employment security office shall first consult with the head of a self-support project implementing agency in relation to conditional recipients' capabilities, etc. <Amended on Apr. 20, 2015>
(2) The head of a self-support project implementing agency shall notify the head of the competent Si/Gun/Gu or the head of the relevant employment security office of the results of conditional recipients’ participation in self-support projects, including his or her opinions, etc. on the relevant conditional recipients fulfilling the condition, to whom the implementation of self-support projects has been entrusted pursuant to paragraph (1), in writing (including by electronic documents) every three months; provided, where any conditional recipient withdraws from fulfilling, or refuses to fulfill, the condition midway, or any other ground arises, the head of a self-support project implementing agency shall notify, without delay, the head of the competent Si/Gun/Gu or the head of the relevant employment security office of the results of the incident in writing (including by electronic documents). <Amended on Apr. 20, 2015>
[This Article Wholly Amended on Sep. 8, 2011]
Article 13(Employment support plans) #
(1) The head of an employment security office shall formulate an employment support plan for each person eligible for employment who has received notification under the latter part of Article 11(2); and shall notify the head of the competent Si/Gun/Gu of such plan. In such cases, the head of the competent Si/Gun/Gu so notified shall record details thereof in a self-sufficiency benefits plan for each household of persons eligible for employment manage it. <Amended on Apr. 20, 2015>
(2) In order to seamlessly conduct employment support business for persons eligible for employment, the Minister of Employment and Labor shall formulate a comprehensive employment support plan by December 31 each year.
(3) Where the head of an employment security office or the Minister of Employment and Labor formulates an employment support plan for each individual under paragraph (1) or a comprehensive employment support plan under paragraph (2), he or she may request the head of a Si/Gun/Gu to provide necessary data. <Amended on Apr. 20, 2015>
[This Article Wholly Amended on Sep. 8, 2011]
Article 14 #
Deleted. <Jun. 28, 2007>
Article 15(Determination as to whether livelihood benefits are paid to conditional recipients) #
(1) The head of a Si/Gun/Gu shall determine whether livelihood benefits are to be paid and the amount of the benefits, every three months from the month following the month during which the relevant conditional recipient has participated in a project, pursuant to Article 9(5) of the Act, as prescribed by Decree of the Ministry of Health and Welfare; provided, the head of a Si/Gun/Gu shall determine whether livelihood benefits are to be paid to the relevant conditional recipient and the amount of the benefits without delay, in any of the following cases: <Amended on Apr. 20, 2015>
1. Where the relevant conditional recipient clearly fails to fulfill the condition;
2. Where it is notified by the head of an employment security office or the head of a self-support project implementing agency that the relevant conditional recipient fails to fulfill the condition, under the proviso of Article 11(4) or the proviso of Article 12(2).
(2) Where the head of a Si/Gun/Gu has determined suspension of payment of livelihood benefits or the amount of benefits to be suspended, pursuant to paragraph (1), he or she shall notify the relevant conditional recipient of suspension of the payment and the amount of benefits to be suspended in writing (including by electronic documents), as prescribed by Decree of the Ministry of Health and Welfare. <Amended on Apr. 20, 2015>
(3) The period for suspending livelihood benefits; the amount of benefits to be suspended; resumption of the benefits; and other necessary matters shall be prescribed by Decree of the Ministry of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
Article 16(Education benefits) #
(1) Education benefits referred to in Article 12 of the Act, which are paid to persons entering or attending any of the following schools or establishments, shall consist of school admission fees, school tuition fees (referring to learning expenses, in cases of subparagraph 6), stationery expenses, and other receivable cash and goods (hereinafter referred to as "school expenses"): <Amended on Apr. 20, 2015>
1. Elementary schools or civic schools defined in subparagraph 1 of Article 2 of the Elementary and Secondary Education Act;
2. Middle schools or civic middle schools defined in subparagraph 2 of Article 2 of the Elementary and Secondary Education Act;
3. High schools or high technical schools defined in subparagraph 3 of Article 2 of the Elementary and Secondary Education Act;
4. Special schools defined in subparagraph 4 of Article 2 of the Elementary and Secondary Education Act;
5. Various kinds of schools defined in subparagraph 5 of Article 2 of the Elementary and Secondary Education Act, similar to the schools referred to in subparagraphs 1 through 4;
6. School-type lifelong educational establishments referred to in Article 31 of the Lifelong Education Act (limited to establishments designated by the superintendent of an office of education, graduates from which are recognized as having educational attainment of graduates of a high school or lower pursuant to Article 31(2) of the Lifelong Education Act).
(2) Where a recipient referred to in paragraph (1) receives compulsory education or is granted reduction of, or exemption from, school expenses or subsidies therefor under the Enforcement Decree of the Elementary and Secondary Education Act or other statutes or regulations, no school expenses corresponding thereto shall be subsidized for such recipient; provided, school expenses may be fully subsidized for a person who needs the expenses for encouraging learning prescribed by the Minister of Education, even when such person is granted reduction of, or exemption from, school expenses or subsidies therefor under other statutes. <Amended on Apr. 20, 2015>
(3) Deleted. <Apr. 20, 2015>
[This Article Wholly Amended on Sep. 8, 2011]
Article 17(Lending of funds) #
(1) A livelihood security agency may lend recipients any of the following funds required for their self-sufficiency, pursuant to Article 15(1)1 of the Act:
1. Funds to start or operate a business;
2. Vocational skill training expenses;
3. Any other expenses the Minister of Health and Welfare deems necessary for self-sufficiency of recipients.
(2) Funds referred to in paragraph (1) shall be lent from the Public Capital Management Fund prescribed in the Public Capital Management Fund Act or from a general account.
(3) Where the amount of funds to be borrowed by a person pursuant to paragraph (1), a plan for using the same, or other matters, meet the criteria prescribed by the Minister of Health and Welfare, a livelihood security agency may lend him or her the funds as microcredit (referring to lending funds without guarantee, while providing education, training, management support, etc. required for self-sufficiency).
(4) Where a recipient who has borrowed funds does not use the funds for the original purpose stated in the application for lending, the relevant livelihood security agency may require rectification, and may recover the funds from the recipient if he or she fails to comply with the request for rectification without just cause.
(5) Application for lending funds, selection of persons eligible for lending, repayment of the funds lent, and other necessary matters, shall be prescribed by Decree of the Ministry of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
Article 18(Vocational training) #
(1) Support for acquiring skills referred to in Article 15(1)2 of the Act means entrusting a vocational training institution with vocational training for persons capable of undergoing vocational training among recipients; and subsidizing preparatory expenses, allowances, food expenses, etc. incurred in such training.
(2) Each year, the Minister of Health and Welfare shall formulate a plan to support vocational training, which includes the number of persons eligible for vocational training referred to in paragraph (1); types of occupation subject to training; criteria for selecting persons eligible for vocational training, etc. In such cases, the Minister of Health and Welfare shall consult with the heads of relevant central administrative agencies in relation to selection, etc. of types of occupation subject to training in order to enhance the effectiveness of employment.
(3) Matters necessary for vocational training institutions, for paying vocational training expenses, for managing trainers, and others shall be prescribed by Decree of the Ministry of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
Article 19(Provision of job placement services) #
A livelihood security agency may provide recipients with appropriate vocational guidance, such as vocational counseling and vocational aptitude tests, as well as job placement services, etc., directly or by outsourcing such services to an employment security office, so that they can find jobs matching their capabilities and aptitudes, pursuant to Article 15(1)3 of the Act.
[This Article Wholly Amended on Sep. 8, 2011]
Article 20(Self-support labor) #
(1) In order to provide support for acquiring and improving vocational skills necessary for self-support under Article 15(1)2 of the Act; and to provide employment opportunities under Article 15(1)4 of the Act, a livelihood security agency may give recipients opportunities to engage in paid labor (hereinafter referred to as "self-support labor"), for a project highly beneficial to public interests or a project necessary to improve the welfare of local residents.
(2) Matters necessary for the projects for self-support labor referred to in paragraph (1), the methods of selecting persons eligible for self-support labor, etc., shall be prescribed by Decree of the Ministry of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
Article 21(Support for business start-ups) #
In order to assist recipients in starting a business pursuant to Article 15(1)6 of the Act, a livelihood security agency may provide support for the following: <Amended on Jun. 12, 2012>
1. Selecting types of business start-ups, and guiding the formulation of business plans;
2. Providing guidance, such as training on skills and development of products;
3. Providing education related to management, such as tax affairs, accounting, and legislation;
4. Connecting and arranging public and private business start-up support services;
5. Any other matters prescribed by the Minister of Health and Welfare, which relate to support for business start-ups and management improvement.
[This Article Wholly Amended on Sep. 8, 2011]
Article 21-2(Persons eligible for support for accumulation of assets) #
(1) Persons eligible for support for accumulation of assets under Article 15(1)7 and Article 18-8 of the Act shall be selected from among the following persons, taking into account the household conditions, income and property, and employment status of the household to which the relevant person belongs; in such cases, detailed selection criteria for persons eligible for support for accumulation of assets shall be determined and publicly notified by the Minister of Health and Welfare: <Amended on Jun. 12, 2012; Apr. 20, 2015; Jan. 28, 2022; Jun. 21, 2022>
1. Recipients and persons in the second-lowest income bracket;
2. A person who is a youth under the Framework Act on Youth and whose household income is not more than 100/100 of the standard median income.
(2) An amount subsidized (hereafter in this Article, referred to as "subsidy") to recipients and persons in the second-lowest income bracket, selected as eligible for subsidization for accumulation of assets pursuant to paragraph (1) (hereafter in this Article, referred to as "subsidy recipient"), shall be determined and publicly notified by the Minister of Health and Welfare, differentiating subsidies according to earned income, etc. of subsidy recipients. <Amended on Jun. 12, 2012; Apr. 20, 2015>
(3) Subsidy recipients shall deposit money in an institution engaging in financial business referred to in subparagraph 1 of Article 21-3, for any of the following purposes: <Added on Jun. 12, 2012>
1. Cost of purchasing housing or rent;
2. Expenses for higher education or technical training for the relevant person or his or her children;
3. Funds for starting or operating a business;
4. Any other purposes prescribed and publicly notified by the Minister of Health and Welfare.
(4) To subsidize accumulation of assets for subsidy recipients who deposit money pursuant to paragraph (3), a livelihood security agency shall set aside subsidies, as determined and publicly notified by the Minister of Health and Welfare. <Added on Jun. 12, 2012>
(5) Where a subsidy recipient falls under any of the following cases, a livelihood security agency may pay him or her subsidies set aside pursuant to paragraph (4); and in such cases, the relevant subsidy recipient shall use the subsidies received, for the purposes specified in the subparagraphs of paragraph (3): <Added on Jun. 12, 2012; Apr. 20, 2015>
Article 21-3(Entrustment of self-sufficiency benefits) #
"Institutions prescribed by Presidential Decree" in the former part of Article 15(2) of the Act means the following institutions: <Amended on Apr. 20, 2015>
1. A financial company, etc. prescribed by the Minister of Health and Welfare;
2. A business entity that employs, as interns, recipients or persons in the second-lowest income bracket pursuant to Article 15(1)4 of the Act;
3. An institution recognized by the Minister of Health and Welfare as capable of providing self-sufficiency benefits, in consideration of the past performance of self-support projects, etc.
[This Article Wholly Amended on Sep. 8, 2011]
Article 21-4(Articles of incorporation of Development Institute for Self-Sufficiency and Welfare) #
The articles of incorporation of the Development Institute for Self-Sufficiency and Welfare shall contain the following matters:
1. Purpose;
2. Name;
3. Place of domicile of main office;
4. Appointment and dismissal of executive officers and staff members;
5. Operation of the board of directors;
6. Scope, details, and implementation of business;
7. Accounting;
8. Amendment of the articles of incorporation;
9. Enactment, amendment, and repeal of bylaws.
[This Article Wholly Amended on Jul. 16, 2019]
Article 21-5(Board of directors of Development Institute for Self-Sufficiency and Welfare) #
(1) The Development Institute for Self-Sufficiency and Welfare shall have a board of directors to deliberate and make decisions on the following matters;
1. Business plan, budget, and settlement of accounts;
2. Acquisition, management, and disposal of main property;
3. Appointment and dismissal of executive officers and staff;
4. Amendment of the articles of incorporation;
5. Enactment, amendment, and repeal of bylaws;
6. Other matters for which deliberation and decision-making are deemed necessary with regard to the operation of the Development Institute for Self-Sufficiency and Welfare.
(2) The board of directors shall consist of directors including the president.
(3) The chairperson of the board of directors shall be elected by mutual vote from among directors excluding the president.
(4) The chairperson shall call meetings of the board of directors and chair the meetings.
(5) The auditor may attend the meeting of the board of directors and present opinion.
[This Article Wholly Amended on Jul. 16, 2019]
Article 21-6(Accounting of Development Institute for Self-Sufficiency and Welfare) #
The fiscal year of the Development Institute for Self-Sufficiency and Welfare shall be the same as that of the Government.
[This Article Added on Jul. 16, 2019]
Article 21-7(Gratuitous loan of State property) #
Where the State, without compensation, lends or transfers State property to the Development Institute for Self-Sufficiency and Welfare, or let it use or profit therefrom pursuant to Article 15-6(2) of the Act, the details of support, conditions and procedures therefor, and others shall be set in a contract between the management agency of the State property and the Development Institute for Self-Sufficiency and Welfare.
[This Article Added on Jul. 16, 2019]
Article 22(Projects of regional self-sufficiency centers) #
"Various other projects for self-sufficiency" in Article 16(1)6 of the Act means the following: <Amended on Jun. 12, 2012>
1. A project to establish and operate places of side business to increase secondary income of recipients or persons in the second-lowest income bracket;
2. An arrangement project to secure work and explore markets for self-support companies or places of side business;
3. An arrangement project to support the operation of self-support companies or places of side business;
4. A project to establish and operate self-sufficiency centers, for education and child care of children of recipients or persons in the second-lowest income bracket;
5. Any other projects prescribed by Decree of the Ministry of Health and Welfare, which are implemented for self-sufficiency.
[This Article Wholly Amended on Sep. 8, 2011]
Article 23 #
Deleted. <Jun. 28, 2007>
Article 24 #
Deleted. <Jun. 28, 2007>
Article 25 #
Deleted. <Jun. 28, 2007>
Article 26(Benefits for enterprises employing recipients) #
(1) An enterprise eligible for benefits pursuant to Article 18-6 of the Act shall be the one that employs recipients or persons in the second-lowest income bracket, at a ratio of at least 20/100 of its full-time workers. In such cases, any person who was a recipient or person in the second-lowest income bracket at the time of recruitment but ceases to meet the eligibility requirements and to fall in the second-lowest income bracket after employment shall be deemed a recipient or person in the second-lowest income bracket, if he or she is continuously employed. <Amended on Apr. 20, 2015; Jan. 28, 2022>
(2) The period for rendering benefits to the enterprises referred to in paragraph (1), shall be determined by a livelihood security agency within a period not exceeding five years.
(3) Where the percentage of recipients or persons in the second-lowest income bracket employed by any enterprise entitled to benefits pursuant to paragraphs (1) and (2) fails to meet the required percentage, the relevant livelihood security agency may require the enterprise to rectify the employment percentage, and may suspend benefits if the enterprise fails to comply with such request for rectification without good cause. <Amended on Apr. 20, 2015>
(4) Each year, enterprises receiving benefits pursuant to paragraphs (1) and (2), shall report the employment percentage of recipients and persons in the second-lowest income bracket as well as the details of the benefits used. <Amended on Apr. 20, 2015>
(5) Except as otherwise provided for in paragraphs (1) through (4), matters necessary for the procedures, methods, etc. for applying for benefits, suspending benefits, and submitting reports, etc., shall be prescribed and publicly notified by the Minister of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
[Title Amended on Apr. 20, 2015]
Article 26-2(Accumulation in self-support funds) #
(1) The amount to be accumulated in the self-support fund under Article 18-7(1) of the Act (hereinafter referred to as the "Fund") by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as the "Mayor/Do Governor"), or the head of a Si/Gun/Gu shall be determined by the Mayor/Do Governor or the head of a Si/Gun/Gu. <Amended on Jan. 28, 2022>
(2) The Mayor/Do Governor or the head of a Si/Gun/Gu shall open a separate account for the Fund and accumulate money in the account.
[This Article Wholly Amended on Jul. 16, 2019]
Article 26-3(Financial resources of fund) #
(1) The Fund shall consist of the following financial resources: <Amended on Apr. 20, 2015>
1. Contributions from local governments or persons other than local governments;
2. Contributions from other funds;
3. Long-term loans from financial companies, etc. or from other funds;
4. Interest income from lending by the Fund;
5. Proceeds accruing from performing self-support labor;
6. Revenues accruing from operating the Fund.
(2) The State may assist the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as "City/Do") or a Si/Gun/Gu in increasing finances of the Fund. <Amended on Jul. 16, 2019>
[This Article Wholly Amended on Sep. 8, 2011]
Article 26-4(Uses of fund) #
The Fund shall be operated for the following purposes: <Amended on Jun. 12, 2012; Apr. 20, 2015; Jan. 28, 2022>
1. Compensating for differences in interest rates of the funds borrowed from financial companies, etc. by self-support companies;
2. Lending funds to promote self-sufficiency of persons participating in self-support labor under Article 15(1)1 of the Act;
3. Subsidizing for accumulation of assets under Article 15(1)7 of the Act;
4. Lending business funds to self-support companies under Article 18(3)1 of the Act;
5. Lending business funds to enterprises employing recipients or persons in the second-lowest income bracket under Article 18-6 of the Act;
6. Expenses necessary for implementing a self-sufficiency benefits plan referred to in Article 37;
7. Expenses incurred in relation to credit guarantees provided by institutions that engage in credit guarantee business pursuant to the Regional Credit Guarantee Foundation Act and other relevant Acts, for any of the following loans:
a. Loans borrowed by self-support companies from financial companies, etc. or from the Fund;
b. Loans borrowed by recipients for business operation;
8. Projects prescribed by Ordinance of the relevant local government, as necessary to support self-sufficiency of recipients and persons in the second-lowest income bracket;
9. Expenses incurred in relation to research on, development, evaluation, etc. of self-support projects;
10. Subsidizing insurance premiums borne by the principal pursuant to the National Health Insurance Act, the National Pension Act, the Employment Insurance Act, etc., to support self-sufficiency of recipients and persons in the second-lowest income bracket (limited to those who have become persons in the second-lowest income bracket from recipients due to an increase, etc. in their earned income or business income).
[This Article Wholly Amended on Sep. 8, 2011]
Article 26-5(Operation and management of fund) #
(1) The Fund shall be operated and managed by the Mayor/Do Governor, or the head of a Si/Gun/Gu. <Amended on Apr. 20, 2015; Jul. 16, 2019>
(2) In order to conduct affairs relating to revenue and expenditure of the Fund, the Mayor/Do Governor or the head of a Si/Gun/Gu shall appoint a fund revenue collector, fund treasurer, fund expenditure officer, and fund accounting official from among public officials under his or her jurisdiction.
(3) Except as otherwise provided for in this Decree, matters necessary for operating and managing the Fund shall be prescribed by Ordinance of the relevant local government.
[This Article Wholly Amended on Sep. 8, 2011]
Article 26-6(Disposition of profits and deficits) #
(1) Where any profits accrue while settling accounts of the Fund, the total amount of such profits shall be reserved.
(2) Where any deficits accrue while settling accounts of the Fund, the amount of such deficits shall be offset by the reserve referred to in paragraph (1); and any such loss that is not fully offset by the reserve, may be offset by a budget of the relevant local government.
[This Article Wholly Amended on Sep. 8, 2011]
Article 26-7(Guidance on and supervision of fund) #
(1) Where necessary to efficiently manage the Fund, the Minister of Health and Welfare may guide and supervise the operation status of the Funds established in Cities/Dos; and the Mayor/Do Governor may guide and supervise the operation status of the Funds established in Sis/Guns/Gus.
(2) The Mayor/Do Governor shall submit the results of operation and management of the Funds established in the relevant City/Do and Sis/Guns/Gus under his or her jurisdiction to the Minister of Health and Welfare, as prescribed by Decree of the Ministry of Health and Welfare.
[This Article Wholly Amended on Sep. 8, 2011]
Article 26-8(Construction and operation of integrated information and computer network of self-sufficiency support projects) #
Pursuant to Article 18-10(5) of the Act, the Minister of Health and Welfare shall entrust the Development Institute for Self-Sufficiency and Welfare with the duties related to the establishment and operation of an integrated information and computer network of self-sufficiency support projects under paragraph (1) of the same Article. <Amended on Jan. 28, 2022>
[This Article Added on Jul. 16, 2019]
Article 27(Organization and composition of Central Livelihood Security Committee) #
(1) The Central Livelihood Security Committee referred to in Article 20(2) of the Act (hereinafter referred to as the "Central Livelihood Security Committee") shall have one vice chairperson. <Amended on Dec. 31, 2015>
(2) The Vice Chairperson shall be elected by mutual vote from among members of the Central Livelihood Security Committee. <Amended on Jul. 16, 2019>
(3) Public officials of relevant central administrative agencies who are members of the Central Livelihood Security Committee, shall be as follows: <Amended on Mar. 23, 2013; Nov. 19, 2014; Apr. 20, 2015; Jul. 26, 2017; Dec. 30, 2025>
1. Deleted; <Dec. 30, 2025>
2. Vice Minister of Education;
3. Vice Minister of the Interior and Safety;
4. Vice Minister of Employment and Labor;
5. First Vice Minister of Land, Infrastructure and Transport;
6. Vice Minister of Planning and Budget.
[This Article Wholly Amended on Sep. 8, 2011]
Article 27-2(Subcommittees) #
(1) Where necessary to efficiently review agenda items to be presented to the Central Livelihood Security Committee, sectoral subcommittees may be organized and operated in the Central Livelihood Security Committee.
(2) A sectoral subcommittee referred to in paragraph (1) shall be comprised of not more than 13 persons, including the chairperson of the subcommittee, who shall be designated by the Chairperson of the Central Livelihood Security Committee (hereafter referred to as the "Chairperson"; hereafter the same shall apply in this Article) from among its members.
(3) Members of a sectoral subcommittee shall be commissioned or appointed by the Chairperson from among the following persons, taking account of their professional fields, gender, etc.:
1. Members of the Central Livelihood Security Committee;
2. Persons with extensive knowledge of and experience in the relevant field;
3. Public officials of at least Grade IV of central administrative agencies related to operating sectoral subcommittees.
[This Article Added on Dec. 31, 2015]
Article 28(Organization and composition of regional livelihood security committees) #
(1) A livelihood security committee established in a City/Do or Si/Gun/Gu pursuant to Article 20(6) of the Act (hereinafter referred to as "regional livelihood security committee"), shall be comprised of 15 members, including one chairperson and one vice chairperson. In such cases, opportunities for participation by persons specified in Article 20(4)1 or 2 of the Act shall be guaranteed.
(2) The vice chairperson shall be appointed from among members of the relevant regional livelihood security committee.
(3) Where another committee performs the functions of a regional livelihood security committee on its behalf under the proviso of Article 20(1) of the Act, opportunities for participation by persons specified in Article 20(4)1 or 2 of the Act shall be guaranteed when the committee is organized.
(4) In order to professionally review matters subject to deliberation, a regional livelihood security committee may establish a subcommittee following resolution by the committee.
(5) The subcommittee established under paragraph (4) (hereinafter referred to as "subcommittee") shall be comprised of not more than seven members, including the chairperson of the subcommittee, who shall be designated by the chairperson of the relevant regional livelihood security committee following resolution by the regional livelihood security committee.
[This Article Wholly Amended on Sep. 8, 2011]
Article 29(Functions of regional livelihood security committees) #
(1) The regional livelihood security committee established in a City/Do shall deliberate and pass resolutions on the following matters: <Amended on Apr. 20, 2015>
1. Basic direction-setting for livelihood security projects of the relevant City/Do, and formulating implementation plans;
2. Benefits paid by the relevant City/Do pursuant to Article 43(5) of the Act;
3. Establishing and managing self-support funds referred to in Articles 26-2 through 26-7;
4. Self-sufficiency benefits plans referred to in Article 37(2);
5. Any other matters the Mayor/Go Governor tables at a meeting of the regional livelihood security committee for deliberation.
(2) The regional livelihood security committee established in a Si/Gun/Gu shall deliberate and pass resolutions on the following matters: <Amended on Apr. 20, 2015>
1. Basic direction-setting for livelihood security projects of the relevant Si/Gun/Gu, and formulating implementation plans;
2. Decision on benefits determined by the Minister of Health and Welfare or the head of the competent central administrative agency in order to protect persons living in poverty even though they are not eligible recipients for any benefits specified in the subparagraphs of Article 7(1) of the Act, pursuant to Article 14-2 of the Act;
3. An annual investigation plan referred to in Article 23(1) of the Act;
4. Benefits paid by the relevant Si/Gun/Gu pursuant to Article 43(5) of the Act;
5. Establishing and managing self-support funds referred to in Articles 26-2 through 26-7;
6. Self-sufficiency benefits plans referred to in Article 37(1);
7. Exempting from, or determining, collection of expenses for livelihood security; return, collection, reduction, or exemption in connection with money and goods; and disposition of deficits;
8. Any other matters the head of the relevant Si/Gun/Gu tables at a meeting of the regional livelihood security committee for deliberation.
[This Article Wholly Amended on Sep. 8, 2011]
Article 30(Terms of office and duties of members) #
(1) The term of office of each commissioned member of the Central Livelihood Security Committee and regional livelihood security committees (hereinafter referred to as "each committee"), shall be two years. <Amended on Apr. 20, 2015>
(2) The chairperson of each committee shall represent the relevant committee and preside over the affairs of the committee.
(3) The vice chairperson of each committee shall assist the chairperson and act on behalf of the latter if the chairperson is unable to perform his or her duties in extenuating circumstances.
[This Article Wholly Amended on Sep. 8, 2011]
Article 30-2(Dismissal of members) #
The Minister of Health and Welfare may dismiss a member commissioned pursuant to Article 20(3)1 or 2 of the Act or Article 27-2(3)2 of this Decree if:
1. The member becomes unable to perform his or her duties due to any mental or physical impairment;
2. The member has engaged in any misconduct in relation to his or her duties;
3. The member is deemed unfit as a member due to neglecting his or her duties, losing dignity, or other reason;
4. The member voluntarily indicates that it is impracticable to perform his or her duties.
[This Article Added on Dec. 31, 2015]
Article 31(Meetings and proceedings) #
(1) The chairperson of each committee shall convene and preside over the meetings of the relevant committee.
(2) The chairperson of each committee shall convene a meeting without delay, if requested by at least 1/3 of all incumbent members of the relevant committee.
(3) Meetings of each committee shall commence with the attendance of a majority of all incumbent members, and resolutions shall be adopted with the consent of a majority of the members present.
[This Article Wholly Amended on Sep. 8, 2011]
Article 32(Hearing opinions) #
Where deemed necessary for matters subject to deliberation by the relevant committee, the chairperson of each committee may have experts, interested persons, etc., attend any of its meetings to hear their opinions.
[This Article Wholly Amended on Sep. 8, 2011]
Article 33(Secretary) #
(1) Each committee shall have one secretary to manage the affairs of the committee, who shall be appointed by the head of an agency which has established the committee, from among public officials under his or her jurisdiction.
(2) The secretary referred to in paragraph (1) may attend a meeting of the committee to which he or she belongs, to state his or her opinion.
[This Article Wholly Amended on Sep. 8, 2011]
Article 34(Allowances and travel expenses) #
Allowances may be provided, and travel expenses reimbursed, within budgetary limits to members, experts, interested persons, etc. who attend a meeting of each committee; provided, the same shall not apply where a member who is a public official attends a committee meeting in relation to his or her duties.
[This Article Wholly Amended on Sep. 8, 2011]
Article 35(Operational regulations) #
Except as otherwise provided for in this Decree, matters necessary for organizing, operating, etc. of each committee and subcommittees thereof, shall be determined by the chairperson of each committee following resolution by the relevant committee.
[This Article Wholly Amended on Dec. 31, 2005]
Article 36(Scope of financial information) #
Where an eligible recipient, etc. file an application for benefits pursuant to Article 21(3) of the Act, the scope of financial information, credit information, and insurance information (hereinafter referred to as "financial information, etc.") that the eligible recipient or his or her obligatory provider must consent to provide, shall be as follows: <Amended on Oct. 15, 2014; Oct. 15, 2019>
1. Financial information:
a. Demand deposits, such as ordinary deposits, savings deposits, free savings deposits, and foreign currency deposits: An average balance over the last three or less months and total deposit amount;
b. Savings deposits, such as time deposits, installment deposits, and periodical savings: The balance or the total amount of deposits;
c. Stocks, beneficiary certificates, investment, investment shares, and real estate (pension) trusts: The final market price; and in such cases, Article 54(1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to assessing the value of unlisted stocks;
d. Bonds, bills, checks, debt certificates, certificates of preemptive right to new stocks, and negotiable certificates of deposit: The face value;
e. Pension savings: The amount paid regularly, or the final balance;
f. Interest and dividends accruing from financial property specified in items a through e, or discounts thereon;
2. Credit information:
a. Status of loans, and details of arrears;
b. Outstanding credit card balance;
3. Insurance information:
a. Insurance policy: The refund to be paid if the insurance is cancelled, or insurance proceeds paid within the last year;
b. Pension insurance: The refund to be paid if the pension insurance is cancelled, or the amount paid regularly.
[This Article Wholly Amended on Sep. 8, 2011]
Article 36-2(Request for and provision of financial information) #
(1) Where the Minister of Health and Welfare requests the head of a financial institution, etc. (referring to financial companies, etc. and the Committee for Centralized Management of Credit Information under Article 25(2)1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) to provide financial information, etc. of any eligible recipient, recipient, and obligatory provider pursuant to Article 23-2 of the Act, he or she shall do so in writing stating the following matters: <Amended on Apr. 20, 2015; Aug. 4, 2020>
1. Names and resident registration numbers of the relevant eligible recipient, recipient, and obligatory provider;
2. The scope of financial information, etc. requested, and the base date and period for inquiries with regard thereto.
(2) Upon receipt of a request for provision of financial information, etc. of any eligible recipient, recipient, and obligatory provider under paragraph (1), the head of a financial institution, etc. shall provide the financial information, etc. in writing stating the following matters:
1. Names and resident registration numbers of the relevant eligible recipient, recipient, and obligatory provider;
2. Name of a financial institution, etc. providing financial information, etc.;
3. Names of financial instruments provided and relevant account numbers;
4. Details of the financial information, etc.
(3) The Minister of Health and Welfare may request the head of a financial institution, etc. to provide the financial information, etc. under paragraph (1) by using the information and communications networks of an association, federation, central association, etc. (hereinafter referred to as "association, etc.") joined by the financial institution, etc.
(4) The Minister of Health and Welfare may request the head of a financial institution, etc. to provide the minimum financial information, etc. necessary for an investigation for verification referred to in Article 23 of the Act, pursuant to Article 23-2(2) of the Act; and in cases of an obligatory provider, such request may be made only when he or she falls under any of the following cases: <Amended on Apr. 20, 2015>
1. Where the relevant obligatory provider's income remaining after deduction at least equals to 20/100 of the standard median income;
2. Where the amount of income converted from property of the relevant obligatory provider at least equals to the amount prescribed and publicly notified by the Minister of Health and Welfare;
Article 36-3(Scope of receiving of benefits by agents) #
(1) "Reason prescribed by Presidential Decree" in Article 27-3(1)3 of the Act shall mean any of the following cases:
1. Where the recipient is impaired in mobility due to dementia or any other reason determined by the Minister of Health and Welfare;
2. Where the recipient is a minor, which makes it difficult to obtain consent of his or her legal representative.
(2) A person who intends to receive benefits granted to a recipient pursuant to Article 27-3(1) of the Act shall submit documents prescribed by Decree of the Ministry of Health and Welfare to a livelihood security agency.
[This Article Added on Oct. 15, 2019]
Article 37(Self-sufficiency benefits plans) #
(1) In order to provide systematic support for recipients in terms of self-sufficiency according to the self-sufficiency benefits plan referred to in Article 28 of the Act, the head of a Si/Gun/Gu shall formulate a self-sufficiency benefits plan for the relevant region, which includes the following matters, by January 31 each year; and a Special Self-Governing City Mayor and a Special Self-Governing Province Governor shall notify the Minister of Health and Welfare of such plan, and the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self-Governing Province Governor) shall notify the Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor of such plan: <Amended on Apr. 20, 2015; Nov. 16, 2023>
1. Demand for self-sufficiency benefits, and implementing projects to support self-sufficiency for the relevant year and the following year;
2. Financing the implementation of projects to support self-sufficiency for the relevant year and the following year;
3. Nurturing and subsidizing self-support project implementing agencies for the following year;
4. Any other matters necessary to support self-sufficiency.
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor shall formulate a self-sufficiency benefits plan for the relevant City/Do based on the self-sufficiency benefits plan notified under paragraph (1) and shall notify the Minister of Health and Welfare of such plan by the end of February each year; in such cases, the Special Metropolitan City Mayor, a Metropolitan City Mayor, and a Do Governor may adjust the self-sufficiency benefits plan under paragraph (1), after consultation with the head of a Si/Gun/Gu (excluding a Special Self-Governing City Mayor and a Special Self- Governing Province Governor). <Amended on Apr. 20, 2015; Nov. 16, 2023>
(3) If the Minister of Health and Welfare is notified of a self-sufficiency support plan by a Mayor/Do Governor under paragraphs (1) and (2), he or she shall take measures necessary to implement such plan. <Amended on Apr. 20, 2015; Nov. 16, 2023>
(4) Where the head of a Si/Gun/Gu formulates a self-sufficiency benefits plan for each household of recipients pursuant to Article 28 of the Act and a self-sufficiency benefits plan for the relevant region to support it, he or she shall hear opinions of local residents, experts on self-sufficiency, and a consultative body of self-sufficiency agencies; and may request the head of an employment security office or the head of a self-support project implementing agency to provide data or cooperation, if necessary. The same shall also apply to any amendment to the self-sufficiency benefits plan for the relevant region. <Amended on Apr. 20, 2015>
Article 38 #
Deleted. <Apr. 20, 2015>
Article 38-2(Methods of filing objections) #
(1) A person who intends to file an objection pursuant to Article 40 of the Act shall prepare a written objection stating the following matters, directly or with the cooperation of a public official in charge; and shall submit it to the Mayor/Do Governor, along with evidentiary documents:
1. Name, address, and contact information of the applicant;
2. Date of receipt of the notification of the relevant disposition, etc.;
3. Details of the relevant disposition, etc. and matters notified;
4. Grounds for filing an objection.
(2) Where a person intending to file an objection applies for or receives at least two types of benefits specified in Article 7(1)1 through 4 and 7 of the Act, he or she shall file an objection with the head of a central administrative agency having jurisdiction over the benefits subject to the lowest selection criteria, among the types of benefits referred to in Article 7 of the Act. In such cases, the head of a central administrative agency in receipt of the objection may hear opinions of the head of the central administrative agency having jurisdiction over the relevant benefits.
[This Article Added on Apr. 20, 2015]
Article 39(Calculation of subsidies) #
The subsidy referred to in Article 43(2) and (3) of the Act, shall be calculated based on both the total number of recipients investigated under Articles 22 through 24 of the Act and the types of benefits currently being paid.
[This Article Wholly Amended on Sep. 8, 2011]
Article 40(Settlement of accounts of subsidies) #
(1) Where the total expenses for livelihood security paid by a local government exceed the aggregate of State subsidies (referring to City/Do subsidies, in cases of a Si/Gun/Gu; hereafter the same shall apply in this Article) received pursuant to Article 43(2) or (3) of the Act and the charges borne by the local government based on the percentages specified in Article 43(1)4 of the Act, the local government may file an application with the State for a subsidy based on the percentages specified in Article 43(1)4 of the Act, in connection with such excess expenditure.
(2) Where any surplus accrues as a result of settling accounts of the amount obtained by aggregating the total expenses for livelihood security paid by a local government; State subsidies received pursuant to Article 43(2) or (3) of the Act; and the charges borne by the local government, the local government shall return, to the State, the amount remaining after deducting the charges borne by the local government based on the percentages specified in Article 43(1)4 of the Act from such surplus.
[This Article Wholly Amended on Sep. 8, 2011]
Article 41(Recovery of expenses for livelihood security) #
(1) Where a livelihood security agency recovers expenses for livelihood security, from obligatory providers with the ability to provide support pursuant to Article 46(1) of the Act, it shall collect from each obligatory provider according to the following classifications, within the scope of expenses incurred in paying benefits specified in subparagraph 3 of Article 42 of the Act (hereafter in this Article, referred to as "expenses for livelihood security subject to recovery"); but where the sum of the amounts calculated for each obligatory provider exceeds the expenses for livelihood security subject to recovery, the livelihood security agency shall collect, from each obligatory provider, the amount obtained by dividing the expenses for livelihood security subject to recovery, by the charges determined according to each of the amounts calculated. <Amended on Apr. 20, 2015>
1. Where an obligatory provider referred to in Article 5-6(1)4 fails to regularly provide money and goods to the relevant eligible recipient: The amount determined by the Minister of Health and Welfare pursuant to Article 5-6(1)4c;
2. Where an obligatory provider falls under any case other than that specified in subparagraph 1: The total amount of the expenses for livelihood security subject to recovery.
(2) Expenses for livelihood security that a livelihood security agency recovers from any unlawful recipient pursuant to Article 46(2) of the Act, shall be the total amount of expenses for livelihood security subject to recovery; and where at least two unlawful recipients exist, the amount obtained by dividing the expenses for livelihood security subject to recovery by the number of unlawful recipients, shall be collected from each of the unlawful recipients.
(3) Where a livelihood security agency recovers expenses for livelihood security, it shall give payment notice to the relevant person, specifying a payment period of at least 30 days; and where the relevant obligatory provider or unlawful recipient fails to make the payment within the period, it shall urge him or her to make the payment, specifying a payment period of at least 30 days.
[This Article Wholly Amended on Sep. 8, 2011]
Article 42(Management of sensitive and personally identifiable information) #
(1) If it is inevitable in conducting any of the following affairs, a livelihood security agency (including an institution entrusted with paying self-support benefits, if the payment of self-support benefits has been entrusted thereto pursuant to Article 15(2) of the Act; and including the National Pension Service established under Article 24 of the National Pension Act, if a work ability assessment has been entrusted thereto pursuant to Article 7(2)) may manage data which includes information on health referred to in Article 23 of the Personal Information Protection Act, or resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers referred to in Article 19 of the Enforcement Decree of the same Act: <Amended on Oct. 15, 2014>
1. Affairs concerning self-support benefits referred to in Article 15 of the Act;
2. Affairs concerning application for benefits referred to in Article 21 of the Act; investigation upon applications referred to in Article 22 of the Act; or decision, etc. on benefits referred to in Article 26 of the Act;
3. Affairs concerning investigations for verification referred to in Article 23 of the Act;
4. Affairs concerning requesting, and providing, financial information, etc. referred to in Article 23-2 of the Act;
5. Affairs concerning investigating the second-lowest income bracket referred to in Article 24 of the Act;
6. Affairs concerning modifying benefits referred to in Article 29 of the Act, and suspending, etc. benefits referred to in Article 30 of the Act;
7. Affairs concerning filing objections under Articles 38 through 41 of the Act;
8. Affairs concerning collecting costs referred to in Article 46 of the Act, and issuing orders to return referred to in Article 47 of the Act;
9. Affairs concerning a work ability assessment referred to in Article 7.
(2) If unavoidable to conduct the following affairs, the Development Institute for Self-Sufficiency and Welfare may manage information on health under Article 23 of the Personal Information Protection Act and the data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the same Act: <Added on Oct. 15, 2014; Apr. 20, 2015; Jun. 21, 2016; Jul. 16, 2019; Jan. 28, 2022>
Article 43(Standards for imposing administrative fines) #
Standards for imposing administrative fines referred to in Article 50-2(1) of the Act shall be as specified in the Appendix.
[This Article Added on Jan. 28, 2022]