Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Single-Parent Family Support Act and those necessary for the enforcement thereof. <Amended on Jun. 13, 2003; Jan. 15, 2008>
Article 2 #
Deleted. <Apr. 24, 1999>
Article 3 #
Deleted. <Apr. 24, 1999>
Article 4 #
Deleted. <Apr. 24, 1999>
Article 5 #
Deleted. <Apr. 24, 1999>
Article 6 #
Deleted. <Apr. 24, 1999>
Article 7 #
Deleted. <Apr. 24, 1999>
Article 8 #
Deleted. <Apr. 24, 1999>
Article 9 #
Deleted. <Apr. 24, 1999>
Article 10(Special Cases concerning Foreigners) #
A person subject to special cases concerning foreigners under Article 5-2 (3) of the Single-Parent Family Support Act (hereinafter referred to as the “Act”) means a foreigner residing in the Republic of Korea who raises a child of Korean nationality and has already filed for alien registration under Article 31 of the Immigration Act. <Amended on Jan. 15, 2008; Apr. 13, 2021>
[This Article Newly Inserted on Mar. 22, 2007]
Article 10-2(Formulation of Annual Implementation Plan) #
(1) To ensure that the heads of relevant central administrative agencies and a Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") formulate plans to implement single-parent family policies (hereinafter referred to as “implementation plan”) pursuant to Article 5-6 (1) of the Multicultural Families Support Act (hereinafter referred to as the “Act”), the Minister of Gender Equality and Family shall formulate guidelines for formulating the following year’s implementation plan and communicate the guidelines to the heads of relevant central administrative agencies and the Mayors/Do Governors no later than November 30 of each year.
(2) The heads of relevant central administrative agencies and the Mayors/Do Governors shall formulate the following year’s implementation plan in accordance with the guidelines for formulating the implementation plan under paragraph (1), and submit the implementation plan to the Minister of Gender Equality and Family no later than December 31 of each year.
(3) The Minister of Gender Equality and Family shall compile the implementation plans submitted under paragraph (2) and the implementation plan under the jurisdiction of the Ministry of Gender Equality and Family, and shall communicate the plans to the heads of central administrative agencies and Mayors/Do Governors.
[This Article Newly Inserted on Apr. 13, 2021]
Article 10-3(Assessment of Implementation Outcomes) #
(1) The heads of the relevant central administrative agencies and Mayors/Do Governors shall prepare and submit to the Minister of Gender Equality and Family the outcomes of implementation pursuant to the implementation plan for the previous year by January 31 annually, pursuant to Article 5-6 (2) of the Act.
(2) The Minister of Gender Equality and Family shall evaluate the implementation outcomes received pursuant to paragraph (1), and shall notify the results to the heads of central administrative agencies and Mayors/Do Governors.
(3) Where necessary to conduct more efficient evaluations under paragraph (4), the Minister of Gender Equality and Family may consult relevant experts or request them to conduct an investigation or analysis, etc. In such cases, the Minister of Gender Equality and Family may pay allowance, and reimburse travel expenses and other necessary expenses, to relevant experts, within the budget.
[This Article Newly Inserted on Apr. 13, 2021]
Article 11(Scope of Financial Information) #
Where a person eligible for support files an application for welfare benefits under Article 11 (2) of the Act, the scope of financial information, credit information, and insurance information (hereinafter referred to as “financial information, etc.”) that he or she shall agree to provide is as follows: <Amended on Jul. 21, 2014; May 29, 2018>
1. Financial information under Article 11 (2) 1 of the Act:
(a) Demand deposits, such as ordinary deposits, savings accounts, free savings accounts, and foreign currency deposits: The average balance within the last three months;
(b) Savings deposits, such as time deposits, installment deposits, and time savings: The balance or the total amount of deposits;
(c) Stocks, beneficiary certificates, investments, equity interests, real estate trust, and pension trust: Final quotations. In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply mutatis mutandis to the valuation of unlisted stocks;
(d) Bonds, notes, checks, debt instruments, preemptive right certificates, and certificates of deposit: Face value amounts;
(e) Pension savings: The amount paid regularly or the final balance;
(f) Interests, dividends, or discounts arising from financial property under items (a) through (e);
2. Credit information under Article 11 (2) 2 of the Act:
(a) Status of loans and details of arrears;
(b) Outstanding credit card balance;
3. Insurance information under Article 11 (2) 3 of the Act:
(a) Insurance policy: The refund to be paid if insurance is canceled, or insurance proceeds paid within the last year;
(b) Pension insurance: The refund to be paid if insurance is canceled, or the amount paid on a regular basis.
[This Article Newly Inserted on Jul. 24, 2012]
Article 12(Application for Welfare Benefits and Payment Procedures) #
(1) An interested person who may file an application for welfare benefits under Article 12 of the Act shall be any of the following persons pursuant to Article 11 (1) of the Act: <Amended on Jul. 21, 2014>
1. A person employed at a single-parent family welfare facility under Article 19 of the Act;
2. A public official in exclusive charge of social welfare under Article 14 of the Social Welfare Services Act;
3. A teacher of the school attended by children of a person eligible for support.
(2) A person eligible for support who intends to apply for welfare benefits under Article 12 of the Act shall submit an application for welfare benefits prescribed by Ordinance of the Ministry of Gender Equality and Family (including an application in an electronic form), along with the following documents (including electronic documents), to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply): <Amended on Jul. 21, 2014>
1. A report on income and property;
2. A written consent to the provision of financial information, etc.;
3. A health certificate of his or her spouse (limited to where a person eligible for support falls under subparagraph 1 (b) of Article 4 of the Act).
(3) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who receives an application from a person eligible for support under paragraph (2) shall verify the details of the certificate of family relationship records of such person through administrative data matching under Article 36 (1) of the Electronic Government Act: Provided, That where the person eligible for support does not agree on the verification, the relevant documents shall be attached by such person. <Amended on Jul. 21, 2014>
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who receives an application under paragraph (2) shall determine whether to grant welfare benefits and shall notify the applicant of the result within 30 days after the receipt of the application.
(5) Welfare benefits determined under paragraph (4) shall be paid, starting from the month in which an application for benefits is filed.
[This Article Newly Inserted on Jul. 24, 2012]
Article 13(Details of Welfare Benefits) #
(1) The Minister of Gender Equality and Family shall determine the details and levels of welfare benefits under Article 12 (1) 1 and 4 of the Act within the budget annually, taking into consideration the state of single-parent families and the national standard of living.
(2) Children education subsidies under Article 12 (1) 2 of the Act mean entrance and tuition fees (referring to entrance and tuition fees of high schools; hereinafter the same shall apply), stationary fees, and other expenses necessary for education. The following persons shall determine the details and levels of benefits within the budget annually, taking into consideration the state of single-parent families and the national standard of living: <Amended on Mar. 23, 2013>
1. Entrance and tuition fees: Persons under the following classifications:
(a) National high schools: The Minister of Education;
(b) Public and private high schools: Superintendents of education;
2. Stationary fees and other expenses necessary for education: The Minister of Gender Equality and Family.
[This Article Wholly Amended on Jan. 31, 2012]
[Moved from Article 14 <Jul. 24, 2012>]
Article 13-2(Establishment and Operation of Computerized Management System) #
(1) The Minister of Gender Equality and Family may establish and operate a computerized management system in order to efficiently conduct affairs related to verifying grounds for welfare benefits under Article 12-2 of the Act.
(2) To verify data under Article 12-2 of the Act, the Minister of Gender Equality and Family may use the computerized management system referred to in paragraph (1) by interlinking it with the social security information system referred to in Article 37 (2) of the Framework Act on Social Security.
[This Article Newly Inserted on Apr. 13, 2021]
Article 14(Request for and Provision of Financial Information) #
(1) Where the Minister of Gender Equality and Family requests financial information, etc. of a person eligible for support from the heads of financial institutions, etc. (referring to financial companies, etc. under subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality, and credit information collection agencies under Article 25 (2) 1 of the Credit Information Use and Protection Act; hereinafter the same shall apply) pursuant to Article 12-3 of the Act, the request shall include the following information: <Amended on Jul. 21, 2014; Aug. 4, 2020>
1. The name and resident registration number of a person eligible for support;
2. The scope of financial information, etc. requested, and the base date and period of inquiry.
(2) Where the heads of financial institutions, etc. requested under paragraph (1) provide the Minister of Gender Equality and Family with the relevant financial information, etc., the following information shall be included: <Amended on Jul. 21, 2014>
1. The name and resident registration number of a person eligible for support;
2. The name of a financial institution, etc. providing financial information, etc.;
3. The name and account number of a financial product subject to information disclosure;
4. Details of the financial information, etc.
(3) The Minister of Gender Equality and Family may request the heads of financial institutions, etc. to provide financial information, etc. under paragraph (1), through an information communications network of an association, federation, or central association they have joined.
(4) Where the Minister of Gender Equality and Family requests financial information, etc. of a person eligible for support under Article 12-3 (2) of the Act, the Minister shall limit requests therefor to the minimum necessary to verify the appropriateness of benefits. <Amended on Jul. 21, 2014>
[This Article Newly Inserted on Jul. 24, 2012]
[Previous Article 14 moved to Article 13 <Jul. 24, 2012>]
Article 14-2(Methods and Procedures for Applying for Accounts to Receive Welfare Benefits) #
(1) Where any person intends to have welfare benefits deposited into an account for receiving welfare benefits in accordance with the main sentence of Article 12-5 (1) of the Act, he or she shall submit an application (including an application on an electronic form) provided by Ordinance of the Ministry of Gender Equality and Family, along with a copy of the bank book (referring to the page with the account number), to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.
(2) “Unavoidable causes determined by Presidential Decree” under the proviso of Article 12-5 (1) of the Act means where a person eligible for support resides in a region with no financial company or post office.
(3) Where it is impracticable to transfer welfare benefits into an account for receiving welfare benefits, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may provide in-person cash payments to a person eligible for support for the welfare benefits under the proviso of Article 12-5 (1) of the Act.
(4) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall inform a person eligible for support of matters such as application procedures under paragraph (1) in advance.
[This Article Newly Inserted on Jul. 21, 2014]
Article 15(Welfare Fund Loan Limits) #
Welfare fund loan limits under Article 13 of the Act shall be consistent with the loan purpose, and the Minister of Gender Equality and Family shall determine each welfare fund amount annually. <Amended on Dec. 23, 1994; Jun. 23, 2005; Jan. 15, 2008; Feb. 29, 2008; Mar. 15, 2010>
[Title Amended on Jan. 15, 2008]
Article 16(Procedures for Receiving Welfare Fund Loans) #
(1) Any person who intends to receive a welfare fund loan under Article 13 of the Act shall submit an application therefor to a Special Self-Governing City Mayor, a Self-Governing Province Governor, or the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 23, 1994; Apr. 24, 1999; Jun. 23, 2005; Jan. 15, 2008; Feb. 29, 2008; Mar. 15, 2010; Aug. 11, 2010; Jul. 24, 2012; Jul. 21, 2014>
(2) In receipt of an application for a welfare fund loan under paragraph (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to grant the loan and shall notify the applicant of the result without delay, and inform a financial institution which manages welfare fund loans (hereinafter referred to as “managing financial institution”) of the loan details regarding the selected loan recipient. <Amended on Jan. 5, 2008; Aug. 11, 2010; Jul. 21, 2014>
[Title Amended on Jan. 15, 2008]
Article 17(Methods of Repaying Welfare Fund Loans) #
(1) A person who receives a welfare fund loan under Article 13 of the Act shall repay the loan in accordance with the repayment criteria determined by the Minister of Gender Equality and Family. <Amended on Dec. 23, 1994; Jun. 23, 2005; Jan. 15, 2008; Feb. 29, 2008; Mar. 15, 2010; Jul. 21, 2014>
(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall record and manage the loan details regarding recipients of welfare fund loans and their repayment history, etc., as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 23, 1994; Jun. 23, 2005; Jan. 15, 2008; Feb. 29, 2008; Mar. 15, 2010; Aug. 11, 2010; Jul. 21, 2014>
(3) Where a person who is to repay the welfare fund loan under paragraph (1) moves to another Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has jurisdiction over his or her previous residence shall send the documents specified in paragraph (2) (including the sending of an electronic document) without delay to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has jurisdiction over his or her new residence and shall notify the managing financial institution of the details (including notices delivered by electronic means, if desired by the managing financial institution). <Amended on Apr. 24, 1999; Dec. 31, 2007; Jan. 15, 2008; Aug. 11, 2010; Jul. 21, 2014>
[Title Amended on Jan. 15, 2008]
Article 17-2(Family Support Services) #
“Family support services for single-parent families prescribed by Presidential Decree” under subparagraph 6 of Article 17 of the Act means counseling and psychotherapy for single-parent families.
[This Article Newly Inserted on Dec. 28, 2011]
Article 17-3(Single-Parent Youths Eligible for Self-Reliance Support and Criteria Therefor) #
(1) The State or a local government shall select and support single-parent youths eligible for self-reliance support whose household income falls below a certain ratio of the standard median income under subparagraph 11 of Article 2 of the National Basic Living Security Act, taking into consideration their conditions for self-reliance, such as employment and housing, in accordance with Article 17-4 (1) of the Act. In such cases, the Minister of Gender Equality and Family shall determine and publicly notify the ratio criteria for the standard median income. <Amended on Nov. 30, 2015>
(2) For the provision of support under paragraph (1), the State or a local government shall subsidize a single-parent youth eligible for self-reliance support with a certain amount of money on the basis of the amount he or she deposits into the individual development account every month, within the budget.
(3) The Minister of Gender Equality and Family shall determine and publicly notify the necessary matters concerning methods, etc. for opening an individual development account under paragraph (2) for a single-parent youth.
[This Article Newly Inserted on Jul. 21, 2014]
Article 17-4(Single-Parent Youths Eligible for Health Screening and Criteria Therefor) #
A health screening under Article 17-5 (1) of the Act shall be provided for single-parent youths who are eligible for support under Articles 5 and 5-2 of the Act and whose household income falls under the limit not exceeding the amount obtained by multiplying the standard median income under subparagraph 11 of Article 2 of the National Basic Living Security Act by the ratio determined by the Minister of Gender Equality and Family.
[This Article Newly Inserted on May 29, 2018]
Article 17-5(Criteria for Providing Health Care and Medical Expense Support to Unmarried Mothers) #
(1) The scope of health care support under Article 17-6 (1) of the Act shall be as follows:
1. Nutrition and health education for prenatal, delivery and postnatal care;
2. Prevention, counseling and treatment of illnesses in association with medical institutions;
3. Counseling and psychotherapy to help unmarried mothers or fathers and their children to develop emotional stability;
4. Other support deemed necessary by the Minister of Gender Equality and Family to help with pregnancy, delivery, and nurturing under the Mother and Child Health Act.
(2) The State and local governments may fully or partially subsidize the following medical expenses for which benefits are not provided under the National Health Insurance Act or the Medical Care Assistance Act, pursuant to Article 17-6 (2) of the Act:
1. Prenatal, delivery, and postnatal care;
2. Prevention and treatment of illnesses for unmarried mothers and their children;
3. Other support deemed necessary by the Minister of Gender Equality and Family to help with pregnancy, delivery, and nurturing under the Mother and Child Health Act.
(3) Unmarried mothers intending to receive subsidies for medical expenses under paragraph (2) shall file an application for medical expense subsidies with a Self-Governing City Mayor, a Self-Governing Province Governor or the head of a Si/Gun/Gu.
(4) Single-parent families whose household income does not exceed the limit obtained by multiplying the median standard income under subparagraph 11 of Article 2 of the National Basic Living Security Act by the ratio determined by the Minister of Gender Equality and Family shall be eligible for health care and medical expense subsidies under paragraphs (1) and (2).
(5) Except as provided in paragraphs (1) through (4), details concerning methods, etc. of supporting health care and medical expenses shall be determined by the Minister of Gender Equality and Family.
[This Article Newly Inserted on May 21, 2019]
Article 18(Bearing of Expenses) #
The criteria for bearing expenses in connection with single-parent family welfare services subsidized by the State or a local government under Article 25 of the Act shall be as follows: <Amended on Apr. 24, 1999; Jun. 13, 2003; Jan. 15, 2008; Aug. 11, 2010; Jan. 31, 2012; Jul. 24, 2012>
1. Expenses for welfare benefits under Article 12 of the Act shall be borne by the State and local governments within the budget, and the ratio of expenses borne shall be as specified in attached Table 1;
2. Where the State or a local government establishes and operates single-parent family welfare facilities under Article 20 (1) of the Act, the expenses therefor shall be borne by the State and the local governments;
3. Where any person, other than the State or a local government, establishes and operates a single-parent family welfare facility under Article 20 (3) of the Act, at least 80/100 of the expenses for the establishment and operation thereof shall be borne by the State or the local government within the budget.
Article 19(Collection of Expenses from Ineligible Recipients) #
(1) A supporting agency shall collect all expenses from an ineligible recipient pursuant to Article 25-2 (1) of the Act, but where at least two ineligible recipients exist, the agency shall divide the expenses by the number of ineligible recipients to collect the amount from each ineligible recipient. <Amended on Jul. 21, 2014>
(2) A supporting agency intending to collect expenses shall give an ineligible recipient at least 30 days’ notice of payment (including notices by electronic means, if desired by the ineligible recipient). <Amended on Jul. 21, 2014>
[This Article Newly Inserted on Jan. 15, 2008]
Article 20(Criteria for Imposition of Administrative Fines) #
The criteria for the imposition of administrative fines under Article 30-2 of the Act shall be as specified in attached Table 2.
[This Article Wholly Amended on Dec. 28, 2011]
Article 21(Delegation of Authority) #
The Minister of Gender Equality and Family shall delegate authority to impose and collect administrative fines under Article 30-2 (2) of the Act to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed in Article 31 of the Act. <Amended on Jul. 21, 2014>
[This Article Newly Inserted on Dec. 28, 2011]
Article 22(Processing of Sensitive Information and Personally Identifiable Information) #
The Minister of Gender Equality and Family (including a person to whom the Minister delegates his or her authority under Article 31 of the Act), the head of a local government (where the relevant authority is delegated or entrusted, including a person to whom the authority is delegated or entrusted), or the head of a single-parent family welfare facility under Article 19 of the Act may process any data containing health information under Article 23 of the Personal Information Protection Act, resident registration numbers, passport numbers or alien registration numbers under subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of the same Act, if unavoidable to perform the following affairs:
1. Affairs concerning the verification of grounds for welfare benefits under Article 12-2 of the Act;
2. Affairs concerning the receipt of welfare fund loans under Article 13 of the Act;
3. Affairs concerning the acceleration of employment and connection of employment support for single-parent families under Articles 14 and 14-2 of the Act;
4. Affairs concerning support for single-parent youths’ self-reliance under Article 17-4 of the Act;
5. Affairs concerning the sale or rent of units of national housing under Article 18 of the Act;
6. Affairs concerning support for a person residing in a single-parent family welfare facility under Article 19 of the Act.
[This Article Newly Inserted on Aug. 6, 2014]
Article 23 #
Deleted. <Mar. 2, 2021>