Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Prevention of Human Trafficking and Protection of Victims and those necessary for enforcing that Act.
Article 2(Formulation of Comprehensive Plans for Prevention of Human Trafficking) #
(1) The Minister of Gender Equality and Family shall formulate a comprehensive plan for the prevention of human trafficking, etc., the protection of and support for victims, and other matters (hereinafter referred to as “comprehensive plan”) under the former part of Article 8 (1) of the Act on Prevention of Human Trafficking and Protection of Victims (hereinafter referred to as the "Act") by October 31 of the year preceding the year in which the comprehensive plan commences.
(2) Upon formulation of a comprehensive plan under paragraph (1), the Minister of Gender Equality and Family shall notify the heads of relevant central administrative agencies of the details of such plan.
(3) Where the Minister of Gender Equality and Family changes a comprehensive plan under the latter part of Article 8 (1) of the Act, he or she shall notify the heads of relevant central administrative agencies of the details of such change.
(4) Except as provided in paragraphs (1) through (3), matters necessary for the formulation and change of a comprehensive plan and other matters shall be determined by the Minister of Gender Equality and Family.
Article 3(Formulation of Annual Business Plans and Records on Implementation Thereof) #
(1) In order for the head of a relevant central administrative agency to formulate a business plan for the prevention of human trafficking, etc., the protection of and support for victims, and other matters under Article 8 (3) of the Act (hereinafter referred to as “business plan”), the Minister of Gender Equality and Family shall determine guidelines on the formulation of a business plan for the following year (hereinafter referred to as “guidelines on the formulation of business plans”) and shall notify the head of a relevant central administrative agency of such guidelines by October 31 of each year.
(2) The head of a relevant central administrative agency shall formulate a business plan for the fields under his or her jurisdiction in accordance with the guidelines on the formulation of business plans and shall notify the Minister of Gender Equality and Family of such plan by December 31 of each year.
(3) Pursuant to Article 8 (3) of the Act, the head of a relevant central administrative agency shall prepare records on the implementation of a business plan for the preceding year (hereinafter referred to as "records on the implementation of a business plan") and shall notify the Minister of Gender Equality and Family of such records by January 31 of each year.
(4) The Minister of Gender Equality and Family shall compile the business plans notified under paragraph (2) and the records on the implementation of business plans notified under paragraph (3) and shall notify the outcomes thereof to the Council for Policy Coordination on Prevention of Human Trafficking, etc. established under Article 9 (1) of the Act (hereinafter referred to as the "Policy Council") and the heads of relevant central administrative agencies.
(5) Except as provided in paragraphs (1) through (4), matters necessary for the formulation of an annual business plan and notification of records on the implementation of a business plan, and other matters shall be determined by the Minister of Gender Equality and Family.
Article 4(Composition and Operation of Policy Council) #
(1) “Heads of relevant central administrative agencies prescribed by Presidential Decree" in Article 9 (2) 8 of the Act means the heads of the following central administrative agencies:
1. The Minister of Foreign Affairs;
2. The Minister of the Interior and Safety;
3. The heads of other central administrative agencies that the chairperson of the Policy Council deems necessary, taking into consideration the details, characteristics, etc. of matters subject to deliberation and coordination.
(2) The chairperson of the Policy Council may dismiss a member commissioned pursuant to Article 9 (2) 9 of the Act in any of the following cases:
1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where the member commits any misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable to hold the relevant position due to neglect of duty, injury to dignity, or other reasons;
4. Where the member voluntarily admits that it is difficult to for him or her to perform his or her duties.
(3) The chairperson of the Policy Council shall represent the Policy Council and exercise general supervision over its affairs.
(4) Where the chairperson of the Policy Council is unable to perform his or her duties due to any unavoidable reason, the vice chairperson shall act on behalf of the chairperson, and where both the chairperson and vice chairperson are unable to perform the duties due to any unavoidable reason, a member pre-designated by the chairperson shall act on behalf of the chairperson.
(5) The chairperson of the Policy Council shall convene and preside over its meetings.
(6) A majority of the members of the Policy Council shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(7) Allowances and travel expenses may be paid to a member who attends a meeting of the Policy Council, within the budget: Provided, That where a member who is a public official attends a meeting in direct connection with his or her duties, such allowances and travel expenses shall not be paid.
(8) Where the Policy Council deems it necessary for deliberation on and coordination in matters under its jurisdiction, it may request relevant central administrative agencies, local governments, corporations, organizations, experts, etc. to submit materials, present opinions, or provide other forms of cooperation.
Article 5(Education) #
(1) "Persons who work for institutions prescribed by Presidential Decree" in Article 11 (1) 8 of the Act means public officials exclusively in charge of social welfare assigned to the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, a Special Self-Governing Province (hereinafter referred to as “City/ Do”), a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply), an Eup/Myeon/Dong, or an organization exclusively for social security affairs under Article 43 (1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries.
(2) An institution in charge of education for each person subject to education under Article 11 (1) of the Act shall be classified as follows:
1. A person under Article 11 (1) 1 through 3 and 8 of the Act: The Special Metropolitan City Mayor, the Metropolitan City Mayor, the Special Self-Governing City Mayor, the Do Governor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the place of domicile of the institution, corporation, organization, or facility to which the relevant person belongs;
2. A person under subparagraphs 4 through 7 of Article 11 of the Act: The head of the central administrative agency to which the relevant person belongs.
(3) Education under Article 11 (1) of the Act shall be provided by means of group education, remote education, etc. for at least one hour each year, and the contents of such education program shall include the following:
1. Types and characteristics of human trafficking, etc.;
2. Key details of a crime of human trafficking, etc.;
3. Details of statutes or regulations regarding the prevention of and punishment for human trafficking, etc.;
4. Details of protection of and support for a victim of human trafficking, etc. under Article 3 (1) of the Act (hereinafter referred to as "victim");
5. Details of indicators for identification and protection of victims under Article 13 (1) of the Act (hereinafter referred to as “victim identification indicators”);
6. Methods of filing a report when victims are found and procedures for protecting them;
7. Other details that the Minister of Gender Equality and Family deems necessary for the prevention of human trafficking, etc.
Article 6(Submission of Records on Utilization of Victim Identification Indicators) #
(1) The head of an agency recommended to utilize victim identification indicators under Article 13 (1) of the Act shall submit records on such utilization to the Minister of Gender Equality and Family by January 31 of the following year.
(2) The Minister of Gender Equality and Family may prepare guidelines on methods for submitting records on the utilization of victim identification indicators under paragraph (1) and notify the head of an agency recommended to utilize them of such guidelines.
(3) Except as provided in paragraphs (1) and (2), matters necessary for submitting victim identification indicators shall be determined by the Minister of Gender Equality and Family.
Article 7(Issuance of Victim Certificates) #
(1) Upon receipt of a request for issuing a victim certificate from a person who suffers damage from human trafficking, etc. or a person who has the duty to file a report under Article 21 (2) of the Act in accordance with Article 14 (1) of the Act (hereinafter referred to “requester for issuance”), the Minister of Gender Equality and Family shall, without delay, request the head of a local agency for protection of rights and interests of victims of human trafficking, etc. established under Article 15 (2) of the Act (hereinafter referred to as “local agency for protection of rights and interests of victims”) to hold a meeting of the relevant committee for adjudication on cases of human trafficking, etc. established under Article 14 (2) of the Act (hereinafter referred to as “adjudication committee”).
(2) Upon receipt of a request for holding a meeting of the adjudication committee under paragraph (1), the head of a local agency for protection of rights and interests of victims shall hold such meeting to deliberate and adjudicate on whether a person is a victim within 60 days from the date of receipt of such request: Provided, That where verification of facts, provision of materials, etc. necessary for such deliberation and adjudication are delayed or further advice from experts are needed, the period may be extended by up to 30 days only once.
(3) Upon deliberating and adjudicating on whether a person is a victim pursuant to paragraph (2), the head of a local agency for protection of rights and interests of victims shall notify the Minister of Gender Equality and Family of the results thereof by means of a written adjudication.
(4) The Minister of Gender Equality and Family shall issue a victim certificate prescribed by Ordinance of the Ministry of Gender Equality and Family to a person notified as having suffered damage from human trafficking, etc. under paragraph (3) and shall notify such fact to the head of the relevant local agency for protection of rights and interests of victims.
(5) Where the Minister of Gender Equality and Family delegates the issuance of victim certificates to the Central Agency for Protection of Rights and Interests of Victims of Human Trafficking, etc. established under Article 15 (1) of the Act (hereinafter referred to as the “Central Agency for Protection of Rights and Interests of Victims”) pursuant to Article 14 (4) of the Act, he or she shall give public notice of such delegation.
Article 8(Composition and Operation of Adjudication Committees) #
(1) An adjudication committee shall be composed of up to 15 members, including one chairperson and one vice chairperson, in consideration of gender equality.
(2) The head of a local agency for protection of rights and interests of victims shall serve as the chairperson of the relevant adjudication committee, and the vice chairperson shall be elected among and by its members.
(3) A person appointed or commissioned by the head of a local agency for protection of rights and interests of victims from among any of the following persons shall become a member of the relevant adjudication committee. In such cases, at least seven members recommended by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall be included in the committee, and at least one attorney-at-law and one doctor shall be included therein, respectively:
1. A person recommended by a Mayor/Do Governor from among immigration control officials, labor inspectors under Article 101 (1) of the Labor Standards Act, seafarers’ labor inspectors under Article 125 (1) of the Seafarers’ Act, public officials of a State agency related to investigations into and trials on crimes of human trafficking, etc., and public officials of a City/Do;
2. An attorney-at-law under the Attorney-at-Law Act;
3. A medical doctor under the Medical Service Act;
4. A social worker under Article 11 of the Social Welfare Services Act;
5. Other persons with extensive knowledge of and experience in the field of law or human rights.
(4) A member commissioned under paragraph (3) from among members of an adjudication committee shall hold office for a term of two years and may be re-appointed only for two consecutive terms.
(5) The chairperson of an adjudication committee may dismiss a commissioned member in any of the following cases:
1. Where the member becomes unable to perform his or her duties due to a mental or physical disability;
2. Where the member commits any misconduct in connection with his or her duties;
3. Where the member is deemed unsuitable to hold the relevant position due to neglect of duty, injury to dignity, or other reasons;
Article 9(Exclusion of, Challenge to, or Recusal of, Members) #
(1) A member of an adjudication committee shall be excluded from its deliberation and decision-making process in any of the following cases:
1. Where the member or the current or former spouse of the member becomes a party to the relevant agenda item (where a party is a corporation, an organization, etc., including the executive officers thereof; hereafter in this subparagraph and subparagraph 2, the same shall apply) or has direct interests with a party to the agenda item;
2. Where the member is, or was, a relative of a party to the relevant agenda item;
3. Where the member has given a testimony, made a statement, offered advice, conducted research, provided services, or made an appraisal with regard to the relevant agenda item;
4. Where the member, or the corporation, organization, etc. to which the member belongs is, or was, an agent of a party to the relevant agenda item in the recent three years;
5. Where a member has worked for the corporation, organization, etc. to which a party to the relevant agenda item belongs in the recent three years.
(2) Where there exists any ground for exclusion prescribed in paragraph (1) or where the circumstances indicate that it would be impracticable to expect fair deliberations and decisions of a member of an adjudication committee, a party to the relevant agenda item may file a request for a challenge to the member with the chairperson of the adjudication committee, which shall decide on whether or not to accept the request following its resolution. In such cases, the member subject to the challenge shall not participate in such resolution.
(3) Where a member of an adjudication committee is subject to exclusion on any ground prescribed in the subparagraphs of paragraph (1), the member shall recuse himself or herself from deliberation and decision-making process on the relevant agenda item.
Article 10(Meetings of Adjudication Committee) #
(1) The chairperson of an adjudication committee shall convene and preside over its meetings.
(2) A majority of the members of an adjudication committee shall constitute a quorum, and any decision thereof shall require the concurring vote of those present.
(3) A meeting of an adjudication committee shall not be made public.
(4) Allowances and travel expenses may be paid to a member who attends a meeting of an adjudication committee, within the budget: Provided, That where a member who is a public official attends a meeting in direct connection with his or her duties, such allowances and travel expenses shall not be paid.
Article 11(Detailed Guidelines for Operation) #
Except as provided in this Decree, matters necessary for the composition and operation of an adjudication committee shall be determined by the chairperson following its resolution.
Article 12(Requests for Verification of Facts or Provision of Relevant Materials) #
"Heads of relevant agencies prescribed by Presidential Decree" in the former part of Article 15 (3) of the Act means the heads of the following institutions:
1. The head of a local government;
2. The commissioner of a City/Do police agency and the chief of a police station;
3. The commissioner of a regional coast guard headquarters and the chief of a coast guard station;
4. The chief of an immigration office or immigration branch office;
5. The director of a regional office of employment and labor or branch office of employment and labor.
Article 13(Standards for Establishing and Operating Agencies for Protection of Rights and Interests of Victims) #
(1) Standards for establishing and operating the Central Agency for Protection of Rights and Interests of Victims and a local agency for protection of rights and interests of victims (hereinafter referred to as “agency for protection of rights and interests of victims”) shall be as specified in attached Table 1.
(2) Qualifications standards for a person who works for an agency for protection of rights and interests of victims shall be as specified in attached Table 2.
Article 14(Entrustment of Operation of Agencies for Protection of Rights and Interests of Victims) #
(1) Where the Minister of Gender Equality and Family or a Mayor/Do Governor intends to designate a public institution under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as “public institution”) or a non-profit corporation to entrust it with the operation of an agency for protection of rights and interests of victims pursuant to Article 15 (4) of the Act, he or she shall fully consider the following factors, in designating an entrusted institution or non-profit corporation:
1. Records on the performance of duties related to the protection of the rights and interests of victims or social welfare and plans for the management of such duties;
2. Whether the standards specified in attached Table 1 are satisfied;
3. Whether the qualifications standards for a worker specified in attached Table 2 are satisfied;
4. Transparency and reliability of finance;
5. Whether human rights are infringed upon in a facility of the relevant public institution or non-profit corporation.
(2) Where the Minister of Gender Equality and Family or a Mayor/Do Governor entrusts the operation of an agency for protection of rights and interests of victims pursuant to Article 15 (4) of the Act and paragraph (1) of this Article, he or she shall give public notice of the name of the relevant public institution or non-profit corporation entrusted with such operation, the details of the entrusted duties, and other matters.
Article 15(Duty to File Reports) #
(1) “Facilities prescribed by Presidential Decree” in Article 21 (2) 11 of the Act means any of the following facilities:
1. A facility for the homeless under the Act on Support for Welfare and Self-Reliance of the Homeless;
2. The Korea Seafarer's Welfare and Employment Center under Article 142 of the Seafarers' Act;
3. A specialized child protection agency under Article 45 of the Child Welfare Act;
4. The Human Resources Development Service of Korea, a non-profit corporation, or a non-profit organization that is entrusted with and conducts a project prescribed in Article 21 of the Act on the Employment of Foreign Workers pursuant to Article 31 (2) and (3) of the Enforcement Decree of that Act;
5. The National Advocacy Agency for Persons with Disabilities under Article 59-11 (1) of the Act on Welfare of Persons with Disabilities and a regional advocacy agency for persons with disabilities under paragraph (2) of that Article.
Article 16(Support for School Entrance of Victims) #
(1) Under Article 25 (1) and (2) of the Act, where a victim or his or her lineal descendant family member who stays in the Republic of Korea at the time the victim suffers damage (hereinafter referred to as “victim, etc.”) is a minor, the head of a central administrative agency and the head of a local government may request a superintendent of education, the head of a district office of education, or the head of a school prescribed in Article 2 of the Elementary and Secondary Education Act (hereinafter referred to as “school”) to take measures necessary for his or her school entrance, if necessary for him or her to enter school (including admission, re-admission, transfer, and transfer admission; hereinafter the same shall apply) to receive education in a school under Article 2 of the Elementary and Secondary Education Act.
(2) Upon receipt of a request under paragraph (1), a superintendent of education, the head of a district office of education, or the head of a school shall ensure that a victim, etc. enter a school adjacent to his or her place of residence where he or she is protected.
(3) The head of a school may allow a victim, etc. to participate in classes for learning even before procedures necessary for his or her school entrance are completed under Article 25 (3) of the Act and may acknowledge the period of such participation as the number of days of school attendance.
(4) A superintendent of education, the head of a district office of education, or the head of a school shall manage and supervise measures taken under paragraphs (1) through (3) to ensure that such measures are not disclosed to persons other than those involved in affairs related to school entrance.
Article 17(Support for Employment of Victims) #
Pursuant to Article 26 of the Act, the head of a central administrative agency or the head of a local government may directly provide support for employment of a victims, etc., such as vocational education and training and education for social adaptation, or may entrust duties related to such support to specialized institutions, such as vocational skills development training establishments under the National Lifelong Vocational Skills Development Act.
Article 18(Legal Counseling for Victims) #
(1) The Minister of Gender Equality and Family may support a victim in legal counseling, legal representation, etc. pursuant to Article 27 (1) of the Act (hereinafter referred to as "legal counseling, etc.") in consideration of the need for support based on the progress of a case, financial capabilities of the victim, his or her ability to remedy infringements of his or her rights, the possibility of defending themselves, and may support a victim preferentially if he or she falls under any of the following:
1. Recipients under the National Basic Living Security Act;
2. Children or youth under the Act on the Protection of Children and Youth against Sex Offenses;
3. Persons with disabilities under attached Table 1 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities.
(2) "Victims of crimes prescribed by Presidential Decree, such as children or youth” in Article 27 (2) of the Act means the following:
1. Victims of crimes of human trafficking, etc. (hereinafter referred to as "victims of crimes") who are recipients under the National Basic Living Security Act;
2. Victims of crimes who are children or youth admitted to a support facility for children and youth prescribed in Article 33 (3) 3 of the Act or victims of crimes who are out-of-home youth under the Youth Welfare Support Act;
3. Victims of crimes who are persons with disabilities under attached Table 1 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities.
(3) “Institution prescribed by Presidential Decree” in Article 27 (3) of the Act means the Korean Bar Association under Article 78 (1) of the Attorney-at-Law Act.
(4) Where the Minister of Gender Equality and Family becomes aware of any facts related to damage from human trafficking, etc. and deems it necessary to provide a victim with legal counseling, etc., he or she may request an institution prescribed in Article 27 (3) of the Act to provide legal counseling, etc. at the will of the victim or his or her legal representative.
(5) The Minister of Gender Equality and Family may bear expenses incurred in legal counseling, etc., within the budget: Provided, That this shall not apply where a person provided with legal counseling, etc. receives assistance with expenses incurred therein under other statutes or regulations.
Article 19(Assistance with Medical Expenses) #
(1) Where the head of a local agency for protection of rights and interests of victims or the head of a facility for supporting victims of human trafficking, etc. under Article 33 of the Act (hereinafter referred to as "support facility") requests a medical institution to provide medical treatment, etc. to a victim, etc. under Article 28 (1) of the Act who suffer from a disease or an injury or give birth while they perform the affairs prescribed in the subparagraphs of Article 15 (2) of the Act or are admitted to a support facility, he or she may request the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu to provide assistance with the following expenses with regard to treatment items not covered by medical benefits under Article 7 of the Medical Benefit Act:
1. Co-payments under Article 44 (1) of the National Health Insurance Act (excluding non-benefit items under Article 41 (4) of that Act);
2. Expenses incurred in issuing medical certificates;
3. Expenses incurred in medical examinations of victims transferred to agencies for protection of rights and interests of victims or medical institutions under Article 22 (2) of the Act.
(2) Upon receipt of a request to pay medical expenses under paragraph (1), a Mayor/Do Governor or the head of a Si/Gun/Gu may verify whether persons who have received medical treatment are victims, etc. and assist them with medical expenses. In such cases, a Mayor/Do Governor or the head of a Si/Gun/Gu may seek advice from a doctor, an attorney-at-law, or any other expert with regard to the appropriateness and maximum amount of medical expenses.
(3) Medical expenses paid by a Mayor/Do Governor or the head of a Si/Gun/Gu under paragraph (2) shall be borne by the State and a local government based on the ratio of sharing prescribed in Article 4 (1) of the Enforcement Decree of the Subsidy Management Act.
Article 20(Designation of Dedicated Medical Institutions) #
(1) Pursuant to Article 29 (1) of the Act, the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu may designate an institution dedicated to treating victims, etc. (hereinafter referred to as “dedicated medical institution”) from among the institutions classified as follows:
1. The Minister of Gender Equality and Family: A tertiary hospital designated by the Minister of Health and Welfare under Article 3-4 (1) of the Medical Service Act;
2. A Mayor/Do Governor: A hospital-level medical institution under Article 3 (2) 3 of the Medical Service Act (excluding tertiary hospitals under subparagraph 1);
3. The head of a Si/Gun/Gu: A clinic-level medical institution under Article 3 (2) 1 of the Medical Service Act.
(2) A person who intends to be designated as a dedicated medical institution under paragraph (1) shall submit to the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu an application for designation of a dedicated medical institution prescribed by Ordinance of the Ministry of Gender Equality and Family, accompanied by documents prescribed by Ordinance of the Ministry Gender Equality and Family.
(3) Upon receipt of an application for designation under paragraph (2), the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall designate the relevant applicant as a dedicated medical institution if he or she is suitable as a dedicated medical institution, and shall issue him or her a certificate of designation of a dedicated medical institution prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) Where the Minister of Gender Equality and Family, a Mayor/Do Governor, or the head of a Si/Gun/Gu designates a dedicated medical institution under paragraph (3), he or she shall, without delay, publicly announce the name and location of the dedicated medical institution, the name of its representative, and its departments in a daily newspaper, the Official Gazette, the public gazette, on the website of the relevant institution, or using other effective methods.
(5) "Physical and mental treatment prescribed by Presidential Decree" in Article 29 (2) 4 of the Act means medical treatment accompanied by physical or mental tests or examinations.
(6) Where the head of a dedicated medical institution provides medical assistance under Article 29 (2) of the Act, he or she may request the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu to pay expenses incurred in such medical assistance.
Article 21(Support for Return to Home Countries) #
(1) The scope of support for return to home countries under Article 31 (1) of the Act shall be as follows:
1. Providing and integrating information on programs for supporting return to home countries;
2. Offering convenience for traveling to final destinations, such as preparation of certificates, etc. in lieu of passports under Article 14 (1) of the Passport Act, support for reservation of transportation services, provision of interpretation services, accompanying of victims;
3. Other administrative and financial support determined and publicly notified by the Minister of Gender Equality and Family to support victims in returning to their home countries.
(2) A victim who is a foreigner and intends to receive support for returning to his or her home country under Article 31 (1) of the Act or the head of a support facility for foreigners under Article 33 (3) 4 of the Act may file an application for such support with the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu.
(3) Upon receipt of an application under paragraph (2), a Mayor/Do Governor or the head of a Si/Gun/Gu shall determine whether to provide support for returning to a home country and notify such determination to the victim or the head of the support facility for foreigners who has filed such application.
Article 22(Restriction on Duplicate Support) #
The head of a State agency and the head of a local government shall verify whether victims, etc. are receiving protection and support similar to that prescribed in Articles 25 through 31 of the Act pursuant to other statutes or regulations through the social security information system, etc. under Article 37 (2) of the Framework Act on Social Security in order to ensure that duplicate support is not provided under Article 32 of the Act.
Article 23(Standards for Designating Support Facilities) #
(1) Standards for designating support facilities prescribed in Article 33 (2) of the Act shall be as specified in attached Table 3.
(2) A person who intends to be designated as a support facility under Article 33 (2) of the Act shall submit to a Mayor/Do Governor or the head of a Si/Gun/Gu an application for designation of a support facility prescribed by Ordinance of the Ministry of Gender Equality and Family, accompanied by documents prescribed by Ordinance of the Ministry of Gender Equality and Family.
(3) Upon receipt of an application for designation under paragraph (2), a Mayor/Do Governor or the head of a Si/Gun/Gu shall designate a facility meeting the standards for designation under paragraph (1) as a support facility, issue a certificate of designation of a support facility prescribed by Ordinance of the Ministry of Gender Equality and Family to the relevant applicant, and notify such fact to the head of the competent local agency for protection of rights and interests of victims.
(4) Where there is any change to the location, name, prescribed capacity, or the head of a support facility, a person who is designated as such support facility under paragraph (3) shall submit documents prescribed by Ordinance of the Ministry of Gender Equality and Family to the competent Mayor/Do Governor or the head of the competent Si/Gun/Gu, within 30 days from the date the relevant ground for such change occurs.
(5) Except as provided in paragraphs (2) through (4), matters necessary for designating a support facility shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
Article 24(Standards for Operating Support Facilities) #
Standards for operating support facilities under Article 33 (6) of the Act shall be as specified in attached Table 4.
Article 25(Revocation of Designation of Support Facilities) #
(1) "Grounds prescribed by Presidential Decree" in Article 36 (1) 5 of the Act means the following:
1. Where subsidies from the State or a local government are used for any purposes other than the intended purposes;
2. Where there is any failure to prepare account books or false account books are prepared;
3. Where there is any failure to submit reports or materials under Article 45 of the Act or false reports or materials are submitted;
4. Where the head of a support facility or a person who works therefor inflicts any violence or physical harm on, or commits sexual violence or harassment against, those admitted to such support facility.
(2) Standards for administrative dispositions under Article 36 (1) of the Act shall be as specified in attached Table 5.
(3) Where a Mayor/Do Governor or the head of a Si/Gun/Gu intends to revoke the designation of a support facility or order it to suspend its business operations under Article 36 (1) of the Act, he or she shall provide to victims, etc. who use the support facility a sufficient prior explanation of the need to take measures, such as moving to another support facility, a plan for such measures, and other matters.
(4) After providing a prior explanation under paragraph (3), a Mayor/Do Governor or the head of a Si/Gun/Gu shall move victims, etc. who use a support facility to another support facility or take other measures necessary for protecting the rights and interests of those admitted to the support facility in consideration of their intentions.
Article 26(Integrated Establishment and Operation of Support Facilities) #
"Facilities having similar purposes prescribed by Presidential Decree" in Article 41 of the Act means the following:
1. A shelter for victims of domestic violence under Article 7 of the Act on the Prevention of Domestic Violence and Protection of Victims;
2. A welfare facility for senior citizens under Article 31 of the Welfare of Senior Citizens Act;
3. A support facility for victims of commercial sex acts under Article 9 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims;
4. A protection facility for victims of sexual violence under Article 12 of the Sexual Violence Prevention and Victims Protection Act;
5. A child welfare facility under Article 50 of the Child Welfare Act;
6. A central support center for children with disabilities under Article 8 of the Act on Welfare Support for Children with Disabilities or a local support center for children with disabilities under Article 9 of that Act;
7. A welfare facility for persons with disabilities under Article 58 of the Act on Welfare of Persons with Disabilities;
8. A youth welfare facility under Article 31 of the Youth Welfare Support Act;
9. A single-parent family welfare facility under Article 19 of the Single-Parent Family Support Act;
10. Other facilities related to social welfare, which are determined and publicly notified by the Minister of Gender Equality and Family.
Article 27(Entrustment of Duties) #
Pursuant to Article 47 (2) of the Act, the Minister of Gender Equality and Family shall entrust the following duties to the Women’s Human Rights Institute of Korea under Article 46-2 (1) of the Framework Act on Gender Equality:
1. Providing education on identification of victims of human trafficking, etc. and other matters under Article 11 (1) of the Act, and managing records on completion of such education;
2. Receiving records on the utilization of victim identification indicators under Article 13 (3) of the Act;
3. Providing victims with support for legal counseling, etc. under Article 27 of the Act.
Article 28(Processing of Sensitive Information and Personally Identifiable Information) #
(1) A State agency, the head of a local government (including a person delegated or entrusted with the relevant authority, where such authority is delegated or entrusted; hereafter in this Article, the same shall apply), the head of an agency for protection of rights and interests of victims, or the head of a support facility may process data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers (hereafter in this Article referred to as “resident registration numbers, etc.”) under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following business affairs:
1. Providing education to persons who have the duty to file reports prescribed in Article 21 (2) of the Act pursuant to Article 11 of the Act;
2. Issuing victim certificates under Article 14 of the Act;
3. Receiving reports, providing counseling and follow-up management services, and operating adjudication committees under Article 15 (2) 1, 2, and 4 of the Act;
4. Filing applications for being accompanied by persons having a reliable relationship with victims of crimes under Article 17 (1) of the Act;
5. Receiving reports filed under Article 21 (2) of the Act;
6. Supporting school entrance under Article 25 of the Act;
7. Providing legal counseling, etc. under Article 27 of the Act;
8. Designating support facilities under Article 33 (2) of the Act;
9. Performing duties of support facilities under Article 34 of the Act;
10. Revoking the designation of support facilities and suspending their business operations under Article 36 of the Act.
(2) A State agency, the head of a local government, the head of an agency for protection of rights and interests of victims, or the head of a support facility may manage information on health prescribed in Article 23 of the Personal Information Protection Act (hereafter in this Article referred to “health information”) and data containing resident registration numbers, etc., if unavoidable to perform the following business affairs:
1. Taking emergency measures under Article 22 of the Act;
2. Supporting employment under Article 26 of the Act;
Article 29(Re-Examination of Regulation) #
The Minister of Gender Equality and Family shall examine the appropriateness of the following matters every three years, counting from January 1, 2023 (referring to the period that ends on the day before the base date of every third year) and shall shall take measures, such as making improvements:
1. Standards for designating support facilities under Article 23 (1) and attached Table 3;
2. Standards for operating support facilities under Article 24 and attached Table 4.
Article 30(Criteria for Imposing Administrative Fines) #
Criteria for imposing administrative fines prescribed in Article 50 (1) and (2) of the Act shall be as specified in attached Table 6.