Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Child Safety Management Act and matters necessary for the enforcement thereof.
Article 2(Children's facilities) #
"Facilities prescribed by Presidential Decree" in subparagraph 3 (g) of Article 3 of the Act on the Safety Management of Children (hereinafter referred to as the "Act") means the facilities specified in Appendix 1.
Article 3(Procedures for formulation of comprehensive child safety plan) #
(1) The Minister of the Interior and Safety, when intending to formulate a comprehensive child safety plan (hereinafter referred to as "comprehensive plan") under Article 7 (1) of the Act, shall prepare guidelines for the formulation of the comprehensive plan and notify the heads of relevant central administrative agencies and the heads of local governments, and may request the submission of child safety plans in their respective areas of jurisdiction.
(2) Where the Minister of the Interior and Safety has formulated a comprehensive plan, he or she shall notify the heads of relevant central administrative agencies and the heads of local governments thereof.
Article 4(Formulation and execution of annual implementation plan) #
(1) The Minister of the Interior and Safety shall formulate guidelines for the establishment of the child safety implementation plan (hereinafter referred to as "implementation plan") under Article 8 (1) of the Act and notify the heads of relevant central administrative agencies and the heads of local governments thereof.
(2) The heads of relevant central administrative agencies and the heads of local governments shall formulate the implementation plan for the relevant year in accordance with the comprehensive plan and the guidelines under paragraph (1), and shall submit it to the Minister of the Interior and Safety.
(3) The heads of relevant central administrative agencies and the heads of local governments shall independently review the results of executing the previous year's implementation plan pursuant to Article 8 (2) of the Act and submit them to the Minister of the Interior and Safety.
(4) The Minister of the Interior and Safety may request improvement from the head of the relevant central administrative agency or the head of the relevant local government if he or she deems that the execution results submitted pursuant to paragraph (3) require improvement.
Article 5(Risk assessment) #
When the Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government conducts a risk assessment under Article 10 (1) of the Act, they shall formulate a risk assessment plan including the following matters.
1. Facilities subject to risk assessment such as children's facilities;
2. Participants in risk assessment, including the management entities or workers of children's facilities, and their roles;
3. Content and methods of education for participants in risk assessment.
Article 6(Recommendations on improvement and corrective orders) #
(1) The Minister of the Interior and Safety, the head of a relevant central administrative agency, or the head of a local government shall inspect the results of measures taken regarding the improvements recommended to guardians or the management entities of children’s facilities pursuant to Article 12(1) of the Act, and may order correction for any deficiencies found.
(2) When the Minister of the Interior and Safety, the head of the relevant central administrative agency, or the head of a local government recommends improvement or orders correction pursuant to Article 12(1) of the Act, they shall specifically state the reasons, details, and implementation period of the improvement recommendation and correction order.
Article 7(Publication of findings) #
(1) The Minister of the Interior and Safety, the heads of relevant central administrative agencies, or the heads of local governments may publish the results of fact-finding investigations, risk assessments, and the issuance of corrective orders pursuant to Article 12 (2) of the Act on the websites of the Ministry of the Interior and Safety, relevant central administrative agencies, or local governments. In such cases, the posting period shall be 1 year.
(2) The Minister of the Interior and Safety, the heads of relevant central administrative agencies, or the heads of local governments, when intending to make a publication pursuant to paragraph (1), shall consider the details and severity of the violation, the period and frequency of the violation, and the scope and results of the damage caused by the violation.
(3) The Minister of the Interior and Safety, the heads of relevant central administrative agencies, or the heads of local governments shall notify the person subject to publication that he or she is subject to publication before making the publication under paragraph (1), and shall provide an opportunity to submit explanatory materials or to state opinions.
Article 8(Designation of institution specialized in child safety education) #
(1) "An institution specialized in child safety education as prescribed by Presidential Decree" in the latter part of Article 16 (1) of the Act refers to an institution that meets all the following criteria and is designated by the Minister of the Interior and Safety (hereinafter referred to as the "education institution"):
1. An institution specialized in child safety education shall secure qualified personnel capable of conducting child safety education (hereinafter referred to as "safety education") under Article 16(1) of the Act as prescribed and publicly notified by the Minister of the Interior and Safety;
2. An institution specialized in child safety education shall secure facilities and equipment capable of conducting safety education as prescribed and publicly notified by the Minister of the Interior and Safety.
(2) A person who intends to be designated as an educational institution shall submit an application for designation as an educational institution to the Minister of the Interior and Safety as prescribed by Ministerial Decree of the Interior and Safety.
(3) The Minister of the Interior and Safety shall designate an applicant who has applied for designation as an educational institution pursuant to paragraph (2) as an educational institution if the applicant meets the designation criteria under paragraph (1), and shall issue a certificate of designation as an educational institution.
(4) Where the Minister of the Interior and Safety designates an educational institution pursuant to paragraph (3), the Minister may request the educational institution to submit the following matters in order to manage and supervise the operational status of the educational institution and whether the designation criteria is maintained:
1. Result of safety education conducted in the previous year;
2. The status of professional human resources, facilities, and equipment capable of conducting safety education;
3. Matters concerning courses and teaching materials on safety education.
(5) Where an education institution falls under any of the following, the Minister of the Interior and Safety may revoke the designation thereof or order the suspension of all or part of the safety education business for a period of not more than 3 months; provided, where the certification institution falls under subparagraph 1, the Minister shall revoke the designation thereof:
Article 9(Methods of safety education) #
(1) The children's facility management entities shall provide annual safety education, including first-aid practical training, to the persons specified in the following subparagraphs pursuant to Article 16 (1) of the Act (hereinafter referred to as "those subject to safety education"):
1. A person designated as a child safety manager pursuant to Article 17 of the Act;
2. Among workers whose main duties at a children’s facility involve direct interaction with children, those who perform tasks related to children's education, childcare, counseling, and experiential activities;
3. Other persons among workers of children's facilities who perform duties prescribed and publicly notified by the Minister of the Interior and Safety.
(2) A children's facility management entity shall provide safety education to those subject to safety education within 3 months from the date they begin performing the relevant duties (in the case of paragraph (1) 1, referring to the date on which they are designated as a child safety manager).
(3) Safety education shall include the following matters, and safety education shall be conducted for at least four hours each year. In such cases, practical training under subparagraph 3 shall be included for at least two hours.
1. Guidelines for conduct in emergencies;
2. Major internal and surgical first aid theories;
3. Hands-on training in first aid, including pediatric cardiopulmonary resuscitation;
4. Other matters deemed necessary by the Minister of the Interior and Safety.
(4) Except hands-on training in first aid under paragraph (3) 3, education may be conducted online.
(5) A children's facility management entity shall submit the results of safety education conducted annually to the head of the relevant central administrative agency or the head of the local government, as prescribed by Ministerial Decree of the Interior and Safety.
Article 10(Establishment and operation of child safety education management system) #
(1) The Minister of the Interior and Safety may perform the following tasks by utilizing the child safety education management system pursuant to Article 16-2(1) of the Act (hereinafter referred to as the "child safety education management system"):
1. Management of status of a children’s facility;
2. Current status management of workers at children’s facilities and of safety education training therefor;
3. Current status management of designation of a child safety manager under Article 17 of the Act;
4. Designation and management of education institutions and the current status management of safety education professionals pursuant to Article 8 (1) 1;
5. Management of safety education statistics;
6. Other tasks deemed necessary by the Minister of the Interior and Safety for the efficient management of safety education.
(2) The Minister of the Interior and Safety may request the heads of the relevant central administrative agencies, the heads of local governments, and the management entities of children's facilities to provide the data specified in each of the following subparagraphs pursuant to Article 16-2 (2) of this Act:
1. Name, address, telephone number, and name of the representative of a children’s facility;
2. The number, names, and employment status of subjects for safety training, and whether safety training has been conducted;
3. Other data recognized by the Minister of the Interior and Safety as necessary information for the establishment and operation of the child safety education management system.
(3) The heads of relevant central administrative agencies, the heads of local governments, the managers of children’s facilities, and education institutions may utilize the child safety education management system if necessary for the performance of the duties specified in subparagraphs 1 through 6 of paragraph (1).
[This Article Wholly Amended on Feb. 13, 2024]
Article 10-2(Re-examination of regulation) #
The Minister of the Interior and Safety shall examine the appropriateness of the following matters every 3 years from the following base dates (referring to by not later than a date immediately before every 3rd anniversary from the base date) and shall take measures, such as making improvements:
1. Posting period for the results of the fact-finding survey under Article 7 (1): July 1, 2022;
2. Cycle of conducting safety education under Article 9 (1): July 1, 2022.
[This Article Newly Inserted on Mar. 8, 2022]
Article 11(Criteria for imposing administrative fines) #
The criteria for imposing administrative fines under Article 18 (1) and (2) of the Act shall be as specified in Appendix 3.