Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on the Use of Social Services and the Management of Vouchers, and matters necessary for the enforcement thereof.
Article 2(Social services plans) #
(1) Social services plans prescribed in Article 5 (1) of the Act on the Use of Social Services and the Management of Vouchers (hereinafter referred to as "Act") shall include the following matters:
1. Direction-setting for promoting social service programs;
2. Detailed implementation plans for each program, containing the following matters:
(a) Type and content of the programs;
(b) Criteria for issuing social services vouchers;
(c) Criteria for bearing expenses by beneficiaries of social services (hereinafter referred to as "beneficiary");
3. Detailed budgets for each program;
4. Methods of and procedures for providing social services;
5. Other matters necessary for promoting social service programs.
(2) By no later than December 31st of each year, the Minister of Health and Welfare shall establish and publish a social service plan for the subsequent year.
Article 2-2(Ex officio application for social services vouchers) #
(1) "Cases prescribed by Presidential Decree, such as mental weakness or mental unsoundness of persons eligible for voucher issuance" in the former part of Article 9 (3) of the Act means any of the following cases:
1. A person under adult guardianship or limited guardianship;
2. A minor;
3. Other persons deemed to be incompetent or incapable of making a decision due to mental or physical disability.
(2) If necessary to determine whether a person eligible for voucher issuance falls under paragraph (1) 3, a public official in charge of issuing social services vouchers may seek advice from medical doctors in the relevant field.
[This Article Added on Dec. 21, 2021]
Article 2-3(Procedures for requesting criminal records inquiry) #
(1) A social service provider (hereinafter referred to as "provider") intending to request a criminal history inquiry under Article 17-3 (1) of the Act, shall submit a written request for criminal history inquiry prescribed by Decree of the Ministry of Health and Welfare to the head of a police agency having jurisdiction over the location, along with a written consent of the person subject to criminal history inquiry.
(2) Upon receiving the request for a criminal history inquiry pursuant to paragraph (1), the head of the police agency shall verify whether the service personnel the provider intends to hire fall under any ground for disqualification prescribed in subparagraph 2 or 4 of Article 17-2 of the Act and shall reply to the provider in accordance with a written reply to the criminal history inquiry prescribed by Decree of the Ministry of Health and Welfare.
[This Article Added on Dec. 24, 2024]
Article 3(Depository institution for expenses of providing social services) #
"Appropriate specialized institution or organization specified by Presidential Decree" in Article 20 (1) of the Act means the Korea Social Security Information Service prescribed in Article 29 of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries (hereinafter referred to as the "Korea Social Security Information Service"). <Amended on Nov. 1, 2016; Mar. 17, 2020>
Article 4(Recovery of unjust gains) #
(2) "Interest prescribed by Presidential Decree" in Article 21 (1) of the Act means interest calculated by applying the interest rate on a 3-year time deposit (referring to an average interest rate applied by banks under the Bank Act that has a national presence as of January 1 of a relevant year). In such cases, the interest shall be calculated on an annual compound basis, and the period for calculating the interest shall be the number of months, from the month in which the date of receiving expenses incurred in providing social services or social services by fraud or other improper means, falls, to the month in which the date of issuing the notice under paragraph (2), falls. <Added on Dec. 24, 2024>
(2) If the head of a Si (including the head of an administrative Si under Article 11 (2) of 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 or Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) intends to recover, from providers (including former providers; hereafter in this Article the same shall apply), personnel providing social services (hereinafter referred to as “service personnel”), or beneficiaries, the amount recoverable under Article 21 (1) of the Act, pursuant to that Article, he or she shall, in writing, inform them of the occurrence of the grounds for recovery, amount to be recovered, deadline for payment, collecting agency, method of filing an objection, and other relevant matters. <Amended on Jan. 22, 2016; Dec. 24, 2024>
(3) The deadline for payment under paragraph (1) shall be at least 30 days from the date of a notice. <Amended on Dec. 24, 2024>
Article 5(Criteria for imposition of penalty surcharges) #
The amount of penalty surcharges prescribed in Article 25 (1) of the Act shall be as shown in Appendix 1.
Article 6(Imposition and payment of penalty surcharges) #
(1) Where the head of a Si/Gun/Gu intends to impose a penalty surcharge in accordance with Article 25 of the Act, he or she shall give a written notice of payment of a penalty surcharge, specifying the type of violation and the amount of the penalty surcharge.
(2) A person who receives a notice pursuant to paragraph (1) shall pay, by no later than 20 days of receipt of the notice, the penalty surcharge to a collecting agency designated by the head of a Si/Gun/Gu. <Amended on Dec. 12, 2023>
(3) The collecting agency that receives the penalty surcharge pursuant to paragraph (2) shall issue a receipt to the payer, and notify it to the head of a Si/Gun/Gu without delay.
(4) Deleted. <Sep. 24, 2021>
(5) Detailed matters concerning the procedures for collecting penalty surcharges shall be prescribed by Decree of the Ministry of Health and Welfare.
Article 6-2(Publication of violations) #
(1) “Matters prescribed by Presidential Decree” in Article 25-2 (1) of the Act means the types, details, and recipients of social services provided by providers.
(2) If the head of a Si/Gun/Gu publishes a violation pursuant to Article 25-2 (1) of the Act, he or she shall do so by posting it on the website of the relevant Si/Gun/Gu for 6 months from the date of publication on the website of the relevant Si/Gun/Gu. In such cases, the head of the relevant Si/Gun/Gu may additionally publish such matters in newspapers under the Act on the Promotion of Newspapers or through broadcasting, etc. under the Broadcasting Act.
(3) If the head of a Si/Gun/Gu publishes a violation pursuant to paragraph (2), he or she shall, without delay, notify the Minister of Health and Welfare of such fact through the Mayor/Do Governor.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the procedures and methods of publication, changes in matters to be published, etc. shall be determined and publicly notified by the Minister of Health and Welfare.
[This Article Added on Dec. 24, 2024]
Article 7(Entrustment of affairs) #
(1) The Minister of Health and Welfare shall, pursuant to Articles 27 (2), 28 (2), 29 (3), and 32-2 (2) of the Act, entrust the affairs prescribed in the following subparagraphs to the Korea Social Security Information Service: <Amended on Nov. 1, 2016; Mar. 17, 2020; Mar. 15, 2022; Dec. 24, 2024>
1. Affairs regarding standardization of social services vouchers prescribed in Article 27 (1) of the Act;
2. Affairs regarding establishment and operation of the system for management of electronic social services vouchers prescribed in Article 28 (1) of the Act;
3. Affairs regarding disclosure of information on the providers prescribed in Article 29 (1) of the Act (excluding the affairs specified in subparagraph 1 of paragraph (2) of this Article);
4. Affairs regarding payment of monetary awards under Article 32-2 (1) of the Act.
(2) The Minister of Health and Welfare shall entrust the following affairs to the central public agency for social service referred to in Article 31 (1) of the Act on Assistance in Social Services and the Establishment and Operation of Public Agency for Social Service, pursuant to Articles 29 (3) and 30 (2) of the Act: <Added on Mar. 15, 2022>
1. Affairs regarding disclosure of information on the quality of social services of providers prescribed in Article 29 (1) 2 of the Act;
2. Affairs regarding the quality control of social services prescribed in Article 30 (1) of the Act.
(3) Pursuant to Article 34 (2) of the Act, the head of a Si/Gun/Gu shall entrust the following affairs to the Korea Social Security Information Service: <Amended on Dec. 24, 2024>
1. Issuance and re-issuance of social services vouchers under Article 11 of the Act (excluding decision-making on whether to issue one);
2. Claims for expenses incurred in providing social services vouchers and the payment and settlement of such expenses under Article 20 of the Act;
3. Investigation of unjust gains under Article 21 (3) of the Act.
Article 8(Report and inspection) #
(1) Where the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu requires a relevant public official to conduct an inspection or ask any question pursuant to Article 32 (1) of the Act, he or she shall, in advance, inform the relevant provider or relevant persons of matters such as the date and time, subject matter and purpose of the inspection or question, and personal information of the public officials. <Amended on Nov. 1, 2016>
(2) Where the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu orders a provider to submit a report or data pursuant to Article 32 (1) of the Act, he or she shall inform the provider of the deadline, method, details, etc. of submission of the report or data.
(3) The notice prescribed in paragraphs (1) and (2) shall be given in writing (including by electronic documents); provided, this shall not apply in cases of urgency.
Article 8-2(Standards, methods and procedures for payment of monetary awards) #
(1) Upon receipt of a report or accusation filed pursuant to Article 32-2 (1) of the Act, the head of the relevant administrative agency (excluding cases where the Minister of Health and Welfare receives a report) or the head of an investigative agency shall notify such fact to the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu having jurisdiction over the place of domicile of the reported or accused person.
(2) Upon receipt of a report under Article 32-2 (1) of the Act or notification under paragraph (1) of this Article, the Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu shall verify the details thereof, decide on whether to grant monetary awards, and notify the person who files a report or accusation under Article 32-2 (1) of the Act (hereinafter referred to as "reporter, etc.") of the results of decision.
(3) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall pay a monetary award within 60 days from the date of notifying the reporter, etc. of a decision to pay the monetary award under paragraph (2), and the criteria for payment shall be 30 percent of the amount calculated by excluding the amount borne by users under Article 6 of the Act from the charge determined to be collected under Article 21 of the Act; provided, in cases, such as where it is impossible to collect the charge under Article 21 of the Act, an amount determined and publicly notified by the Minister of Health and Welfare may be paid as a monetary award. <Amended on Mar. 17, 2020>
(4) Notwithstanding paragraph (3), no monetary awards payable to the same person per year (referring to the period from January 1 to December 31) shall exceed the amount determined and publicly notified by the Minister of Health and Welfare in consideration of the types of social services and other factors. <Added on Dec. 24, 2024>
(5) If at least 2 persons jointly file a report or accusation, the reporter, etc. shall designate their representative by themselves, and the representative shall be eligible for the payment of monetary awards. <Amended on Mar. 17, 2020; Dec. 24, 2024>
(6) Where at least 2 cases of reports or accusations are filed alleging the same violation, only the first reporter, etc. shall be eligible for a monetary award. <Amended on Dec. 24, 2024>
(7) Except as provided in paragraphs (1) through (6), matters necessary for the detailed standards, methods, procedures, etc. for the payment of monetary awards shall be determined and publicly notified by the Minister of Health and Welfare. <Amended on Dec. 24, 2024>
Article 8-3(Processing of sensitive information or personally identifiable information) #
(1) If it is inevitable to perform the affairs regarding the establishment and operation of a system for management of electronic social services vouchers under Article 28 of the Act, the Minister of Health and Welfare (including a person entrusted with the relevant affairs pursuant to Article 7 (1)) may process data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(2) If it is inevitable to perform the affairs regarding the reporting and inspection under Article 32 of the Act, the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may process data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(3) If essential to perform any of the following affairs, the head of a Si/Gun/Gu (including a person entrusted with the relevant affairs pursuant to Article 7 (3)) may process data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Mar. 15, 2022; Dec. 24, 2024>
1. Affairs regarding application for issuance of a social services voucher under Article 9 of the Act;
2. Affairs regarding investigation under Article 10 of the Act;
3. Affairs regarding issuance of a social services voucher pursuant to Article 11 of the Act;
4. Affairs regarding registration of providers under Article 16 of the Act;
5. Affairs regarding the investigation and recovery of unjust gains under Article 21 of the Act;
6. Affairs regarding imposition or collection of penalty surcharges under Article 25 of the Act.
(4) If essential to perform any of the following affairs, the head of a Si/Gun/Gu may process data that constitutes criminal history records prescribed in subparagraph 2 of Article 18 of the Enforcement Decree of the Personal Information Protection Act or data containing resident registration numbers or alien registration numbers prescribed in subparagraph 1 or 4 of Article 19 of that Decree: <Amended on Dec. 24, 2024>
1. Affairs regarding verification of grounds for disqualification of providers under Article 17 of the Act;
Article 9(Criteria for imposition of administrative fine) #
The criteria for imposing administrative fines under Article 40 of the Act shall be as shown in Appendix 2.