ENFORCEMENT DECREE OF THE ACT ON THE TREATMENT OF PROTECTED JUVENILES

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ENFORCEMENT DECREE OF THE ACT ON THE TREATMENT OF PROTECTED JUVENILES — 법갈피

Article 19(Admittance to Space for Physical and Mental Stability) #

(1) Where a protected juvenile, etc. falls under any of the following cases, the Director may admit him or her into a space for physical and mental stability (referring to a living space equipped with facilities for preventing suicide and self-injury; hereinafter the same shall apply), considering the doctor's opinions: <Amended on Sep. 5, 2016>

1. Where he or she is likely to kill or hurt himself/herself;

2. Where he or she requires special care due to a physical or mental disease, pregnancy, childbirth (including abortion and stillbirth), etc.;

3. Where he or she destroys or tries to destroy equipment, furniture, etc.;

4. Where he or she continues to commit disorderly conduct despite deterrence by an official in charge, thereby hindering the peaceful life of other protected juveniles, etc.

(2) The period of admittance to a space for physical and mental stability under paragraph (1) 1 and 2 shall be up to 15 days: Provided, That the Director may extend such period by up to seven days only on one occasion, considering the doctor's opinions, if continued admittance is especially necessary.

(3) The period of admittance to a space for physical and mental stability under paragraph (1) 3 and 4 shall be up to 24 hours: Provided, That the Director may extend such period by up to 12 hours only on one occasion, considering the doctor's opinions, if continued admittance is especially necessary.

(4) Where the Director admits a protected juvenile, etc. into a space for physical and mental stability or extends the period of admittance, he or she shall inform the protected juvenile, etc. himself/herself of the reason therefor.

(5) The Director shall require a doctor or nurse to frequently check health conditions of the protected juvenile, etc. admitted into a space for physical and mental stability.

(6) Where the reason for admitting the protected juvenile, etc. into a space for physical and mental stability ceases to exist, the Director shall immediately discontinue admittance to such space.

[This Article Newly Inserted on Jan. 28, 2014]

Article 90-2(Management of Sensitive Information and Personally Identifiable Information) #

(1) Where essential to perform the following affairs, the Director may handle data which contains information on health under Article 23 of the Personal Information Protection Act, information constituting criminal history records defined in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, or a resident registration number, passport number, driver’s license number, or alien registration number under Article 19 of the same Decree: <Amended on Sep. 5, 2016; Apr. 20, 2021>

1. Affairs concerning procedures for admittance and release of protected juveniles, etc.;

2. Affairs concerning health examinations, management of the details of treatment, and determination of medical treatment for protected juveniles, etc.;

3. Affairs concerning classification reviews and examinations prescribed in Article 3 (2) of the Act;

4. Affairs concerning decisions on treatment of protected juveniles, etc. and revision thereto prescribed in Articles 8 and 9 of the Act;

5. Affairs concerning administration of school registers and vocational ability development training prescribed in Articles 31 and 35 of the Act;

6. Affairs concerning the formulation and execution of educational plans and evaluation of the results thereof prescribed in Article 41 of the Act;

7. Affairs concerning support for social settlement prescribed in Article 45-2 of the Act.

(2) Where essential to perform the following affairs, the Director may handle data which contains a resident registration number, passport number, driver’s license number, or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Jun. 30, 2014; Mar. 3, 2020>

1. Affairs concerning permission for visits prescribed in Article 18 of the Act;

2. Affairs concerning education for guardians prescribed in Article 42-3 of the Act;

3. Affairs concerning the delivery of protected juveniles prescribed in Article 45 of the Act;

4. Affairs concerning permission for visits to a juvenile reformatory, etc. prescribed in Article 49 of the Act;

5. Affairs concerning the operation of a juvenile psychological counseling room prescribed in Article 50-2 of the Act;

6. Affairs concerning commission of juvenile protection members and reimbursement of expenses prescribed in Article 51-2 of the Act;

7. Affairs concerning receipt of donated money and valuables prescribed in Article 53 of the Act;

8. Affairs concerning the issuance of a certificate under Article 87-2.

[This Article Newly Inserted on Jan. 28, 2014]

ENFORCEMENT DECREE OF THE ACT ON THE TREATMENT OF PROTECTED JUVENILES

Article 1(Purpose) #

Article 2(Treatment of Protected Juveniles) #

Article 3(Classification and Operation of Juvenile Reformatories by Function) #

Article 4 #

Article 5 #

Article 5-2(Maximum Number of Persons Admitted to Living Quarters) #

Article 6(Acceptance of Protected Juveniles) #

Article 7 #

Article 8(Notices of Admittance) #

Article 9(Classified Treatment) #

Article 10(Formulation of Individual Treatment Plans) #

Article 11(Revision of Individual Treatment Plans) #

Article 12(Notification of Persons Subject to Cancellation of Protective Disposition) #

Article 13(Offering Convenience to Petition) #

Article 14(Transfers for Adjustment of Number of Admitted Persons) #

Article 15(Petitioned Transfers) #

Article 16(Restriction on Transfers) #

Article 17(Preparation against Emergencies) #

Article 17-2(Goods subject to Prohibition of Possession) #

Article 17-3(Examination of Body, etc.) #

Article 18(Control of Access by Visitors) #

Article 19(Admittance to Space for Physical and Mental Stability) #

Article 20(Reports on Occurrence of Accidents) #

Article 21(Inspection of Corpses) #

Article 22(Death Notices and Delivery of Corpses) #

Article 23(Temporary Burial of Corpses) #

Article 23-2 #

Article 24(Disciplinary Actions) #

Article 24-2(Investigations of Acts subject to Disciplinary Action) #

Article 25 #

Article 26(Structure of Designated Indoor Area) #

Article 27(Counseling during Disciplinary Action) #

Article 28(Disciplinary Action against Violators of Rules during Transfer) #

Article 29(Restriction on Treatment of Persons under Disciplinary Action) #

Article 30(Waive, Suspension and Exemption of Execution of Disciplinary Action) #

Article 30-2(Matters to Be Deliberated and Decided on by Treatment and Disciplinary Action Committee) #

Article 30-3(Organization of Treatment and Disciplinary Action Committee) #

Article 30-4(Exclusion of, Challenge to, and Recusal of Members) #

Article 30-5(Chairperson of Treatment and Disciplinary Action Committee) #

Article 30-6(Meetings of Treatment and Disciplinary Action Committee) #

Article 30-7(Dismissal of Members) #

Article 30-8(Executive Secretary) #

Article 30-9(Preparation and Keeping of Minutes of Meetings) #

Article 30-10(Detailed Guidelines for Operation) #

Article 31(Awards) #

Article 32(Special Meals) #

Article 33(Permission to Carry in Foods, etc.) #

Article 34(Prohibition of Use of Money) #

Article 35 #

Article 36(Interview Hours) #

Article 37(Presence at Interviews) #

Article 38(Restrictions on Permission for Interviews) #

Article 39(Restrictions on Correspondence) #

Article 39-2(Restrictions on Telephone Conversations) #

Article 40(Period of Outings) #

Article 41(Imposition of Code of Conduct at Time of Outings) #

Article 42(Health Checkups, etc.) #

Article 43(Medical Treatment in Outside Medical Institutions) #

Article 44(Nursing by Guardians) #

Article 44-2(Medical Practice of Nurses) #

Article 45(Prevention of Communicable Diseases) #

Article 46(Reports on Occurrence of Communicable Diseases) #

Article 47(Retention of Money and Valuables) #

Article 48(Return, etc. of Money and Valuables in Custody) #

Article 49(Donation of Goods) #

Article 50(Return of Consigned Money and Valuables) #

Article 51(Scope of Classification Review) #

Article 52(Counseling and Examinations) #

Article 53(Duties, etc. of Classification Review Officers) #

Article 54(Juvenile Psychological Tests) #

Article 55(Educational Plans) #

Article 56(Educational Phases) #

Article 57(Evaluation of Correctional Records) #

Article 58(Register of Juvenile Management Records) #

Article 59(Establishment and Operation of Schools) #

Article 60(Concurrent Office Holding of Vice-Principle) #

Article 61(Performance of Duties by Teaching Staff, etc.) #

Article 62(Training of Teaching Staff) #

Article 63(Admission and Transfer) #