Article 7(Investigation and inquiry) #
(1) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the protector applying for the payment of child benefits pursuant to Article 6 (hereinafter referred to as "applicant for child benefits") and the protector of an eligible child to submit necessary documents or other data concerning his or her family relations, etc., to verify entitlement, change or loss of the entitlement to child benefits, the rearing of a child, the qualification of the protector, and other matters; and may have a public official under his or her jurisdiction visit the home or other places of the applicant for child benefits and the protector of an eligible child to investigate documents, etc. or make necessary inquiries to the relevant person. <Amended on Jan. 15, 2019>
(2) Where necessary for verifying and investigating the occurrence, change, etc. of the entitlement to child benefits or for conducting business affairs concerning child benefits, the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the head of the relevant agency to provide any of the following data or information regarding the applicant for child benefits and his or her household members, and the protector of the eligible child and his or her household members. In such cases, the head of the relevant agency shall comply with such request, unless there is a compelling reason not to do so:
1. Deleted; <Mar. 15, 2019>
2. Data regarding the registration of aliens and immigration of nationals and aliens prescribed in the Immigration Act; data regarding reporting on the domestic place of residence of foreign nationality Koreans prescribed in the Act on the Immigration and Legal Status of Overseas Koreans; data regarding registration of overseas Korean nationals prescribed in the Registration of Overseas Korean Nationals Act; and data regarding reporting on emigration, emigration renunciation, and on permanent return from overseas prescribed in the Emigration Act;
3. Data or information regarding admission to and discharge from a facility prescribed in the Administration and Treatment of Correctional Institution Inmates Act, the Act on Medical Treatment and Custody, or the Act on the Treatment of Protected Juveniles;
4. Data or information regarding burial, cremation, and funerals;
5. Data or information regarding resident registration prescribed in the Resident Registration Act; and data or information regarding registration of family relations prescribed in the Act on Registration of Family Relations;
6. Data or information regarding reporting on missing children prescribed in the Act on the Protection and Support of Missing Children and dispositions related to the management of property of absentees prescribed in Articles 22 through 26 of the Civil Act;
7. Data or information regarding disposition related to child abuse, such as ad hoc measures, protective orders, and child victim protection orders prescribed in the Act on Special Cases concerning the Punishment of Child Abuse Crimes;
8. Data or information prescribed by Presidential Decree, necessary for conducting verification and investigation prescribed in paragraph (1) or child benefits business.
(3) Any public official who makes a visit, investigation, or inquiry prescribed in paragraph (1) shall present to the relevant person an identification indicating his or her authority and a document stating the matters prescribed by Decree of the Ministry of Health and Welfare, such as the scope of investigation, a person in charge of investigation, and the relevant statutes or regulations.
(4) Fees, usage fees, etc. imposed pursuant to the relevant statutes or regulations shall be exempted where data or information is provided pursuant to paragraph (2).
(5) The Minister of Health and Welfare, the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may share administrative information prescribed in Article 36 (1) of the Electronic Government Act to identify the resident registration domiciles, etc. of children under the age of eight and their protectors. <Amended on Jan. 15, 2019; Dec. 14; 2021>
(6) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reject an application for the payment of child benefits where the applicant for child benefits fails to submit documents or data prescribed in paragraph (1) or submits false documents or data; or where the applicant for child benefits refuses, obstructs, or evades an investigation or inquiry or gives a false answer.
(7) Except as provided in this Act, the Framework Act on Administrative Investigations shall apply to the scope, timing, details, procedures, methods, etc. of investigation and inquiry prescribed in paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.