Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Guardianship of Minors in Protective Facilities and matters necessary for the enforcement thereof.
[This Article Wholly Amended on Nov. 19, 2014]
Article 2(Scope of child welfare facilities) #
“Facilities prescribed by Presidential Decree” in subparagraph 1 a of Article 2 of the Act on the Guardianship of Minors in Protective Facilities (hereinafter referred to as the "Act") means the following facilities:
1. Child welfare facilities under Article 52 (1) 1 through 4 and 6 of the Child Welfare Act;
2. Integrated facilities under Article 52 (2) of the Child Welfare Act (limited to cases where facilities under subparagraph 1 are included).
[This Article Wholly Amended on Nov. 19, 2014]
Article 3(Designation of guardians) #
(1) A person seeking designation as the guardian of a minor in a protective facility established and operated by a person other than the State or a local government under Article 3 (2) and (3) of the Act, shall submit an application using Form 1 (including an application in electronic form) to a Special Self-Governing City Mayor or the head of a Si (including the head of an administrative Si under the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the location of the relevant protective facility, together with a certificate of family relations for the relevant minor (excluding those without such certificate).
(2) Upon designating a guardian in response to an application under paragraph (1), a Special Self-Governing City Mayor or the head of a Si/Gun/Gu shall deliver a notice of designation of a guardian in Form 1-2 (including a notice in electronic form) to the person designated as a guardian and the head of a protection facility. <Added on Apr. 23, 2019>
(3) A person who intends to obtain the court's permission under Article 3 (3) of the Act shall submit an application using Form 2 (including an application in electronic form) to the court having jurisdiction over the location of the relevant protective facility, along with a notice of designation of a guardian (limited to those in protective facilities established and operated by a person, other than the State or a local government) and a certificate of family relations for the relevant minor (excluding those without such certificate) received from a Special Self-Governing City Mayor or the head of a Si/Gun/Gu under paragraph (2). <Amended on Apr. 23, 2019>
[This Article Wholly Amended on Nov. 19, 2014]
Article 4(Public announcement of ascertainment of person obligated to provide support) #
(1) Upon being designated as a guardian or obtaining the court’s permission to designate a guardian under Article 3 of the Act, the head of a protective facility shall submit 2 copies of the public announcement in Form 3 to a Special Self-Governing City Mayor or the head of a Si/Gun/Gu having jurisdiction over the location of the relevant protective facility under the main clause of Article 4 (1) of the Act within 20 days from the date of designation or permission to request a public announcement of ascertainment of a person obligated to provide support.
(2) “Period prescribed by Presidential Decree” in Article 4 (2) of the Act means 15 days.
[This Article Wholly Amended on Nov. 19, 2014]