SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INFANT CARE
- Enactment No. 3598, May. 10, 1999
- Partial Amendment No. 3891, Jul. 16, 2001
- Partial Amendment No. 4306, Sep. 30, 2005
- Partial Amendment No. 4714, Nov. 13, 2008
- Partial Amendment No. 4880, Nov. 11, 2009
- Partial Amendment No. 5295, May. 22, 2012
- Partial Amendment No. 5524, Aug. 05, 2013
- Partial Amendment No. 5673, Mar. 20, 2014
- Partial Amendment No. 5869, May. 14, 2015
- Partial Amendment No. 5956, Jul. 30, 2015
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Partial Amendment No. 6026, Oct. 08, 2015
- Partial Amendment No. 6569, Jul. 13, 2017
- Partial Amendment No. 6922, Oct. 04, 2018
- Amendment of Other Laws No. 7044, Mar. 28, 2019
- Partial Amendment No. 7049, Mar. 28, 2019
- Partial Amendment No. 8139, Sep. 30, 2021
- Partial Amendment No. 8240, Dec. 30, 2021
- Partial Amendment No. 8348, Mar. 10, 2022
- Partial Amendment No. 8501, Oct. 17, 2022
- Partial Amendment No. 8737, May. 22, 2023
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to contribute to enhancing infant and child and family welfare by improving the quality of protection and education of infants and children in the Seoul Metropolitan Government and by helping their custodians engage in social and economic activities without difficulties pursuant to the Infant Care Act. <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5295, May 22, 2012; Ordinance No. 5869, May 14, 2015>
Article 1-2 (Definitions)
Terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 4880, Nov. 11, 2009; Ordinance No. 5295, May 22, 2012>
Article 2 (Responsibility)
The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall be responsible for healthily nurturing infants and children jointly with their custodians. <Amended by Ordinance No. 4306, Sep. 30, 2005>
CHAPTER II INFANT CARE POLICY COMMITTEE
Article 3 (Establishment)
Pursuant to Article 6 of the Infant Care Act (hereinafter referred to as the "Act"), the Seoul Metropolitan Government (hereinafter referred to as the "Metropolitan Government") shall establish the Seoul Metropolitan Infant Care Policy Committee (hereinafter referred to as the "Committee"). <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 6016, Oct. 8, 2015>
Article 4 (Composition)
(1) The Committee shall be comprised of not more than 15 members, including one chairperson and one vice chairperson. <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008>
Article 5 (Functions)
The Committee shall deliberate on the following matters regarding infant care programs of the Seoul Metropolitan Government: <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5295, May 22, 2012; Ordinance No. 5673, Mar. 20, 2014>
Article 6 (Term of Office for Committee Members)
(1) The term of office for each Committee member shall be two years and may be renewed consecutively only once: Provided, That the term of office for a Committee member filling a vacancy shall be the remaining term of his/her predecessor. <Amended by Ordinance No. 3891, Jul. 16, 2001; Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5869, May 14, 2015>
Article 6-2 (Dismissal)
The Mayor may dismiss a commissioned Committee member from office, if the commissioned Committee member is sentenced to imprisonment without prison labor or heavier punishment or is found incompetent to perform his/her duties as a Committee member because he/she becomes unable to perform his/her duties due to long-term mental or physical debility or long-term absence from office. <Amended by Ordinance No. 3891, Jul. 16, 2001; Ordinance No. 5869, May 14, 2015>
Article 7 (Duties of Committee Chairperson, etc.)
(1) The Committee chairperson shall represent the Committee and have overall control over administrative affairs of the Committee. <Amended by Ordinance No. 3891, Jul. 16, 2001; Ordinance No. 4714, Nov. 13, 2008>
Article 8 (Meetings)
(1) Committee meetings shall be classified into annual meetings and special meetings. <Amended by Ordinance No. 3891, Jul. 16, 2001>
Article 8-2 (Exclusion, Challenge, and Abstention of Committee Members)
(1) A Committee member shall be excluded from deliberation in any of the following cases:
Article 9 (Allowances for Committee Members)
Committee members who attend a meeting of the Committee may be reimbursed for allowances within budgetary limits: Provided, That the foregoing shall not apply to public officials who serve as Committee members but attend a meeting in direct connection with their duties. <Amended by Ordinance No. 4880, Nov. 11, 2009>
CHAPTER III GENERAL CHILDCARE SUPPORT CENTER, ETC.
Article 10 (Establishment and Operation)
(1) The Mayor shall establish and operate the Seoul Metropolitan General Childcare Support Center (hereinafter referred to as the "General Childcare Support Center") to provide information about care of infants and children and counselling services. <Newly Inserted by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4880, Nov. 11, 2009; Ordinance No. 5673, Mar. 20, 2014>
Article 11 (Standards for Establishment)
(1) The standards for the establishment of the General Childcare Support Center shall be governed by Article 12 of the Enforcement Decree of the Infant Care Act (hereinafter referred to as the "Decree"). <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5673, Mar. 20, 2014>
Article 12 (Functions)
(1) The General Childcare Support Center shall conduct the following activities in addition to the business activities under Article 13 (1) 1 through 9 of the Decree: <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5295, May 22, 2012; Ordinance No. 5673, Mar. 20, 2014>
Article 13 (Organization)
(1) The Mayor may employ computer operators, dieticians, nurses, and other staff for the General Childcare Support Center in addition to the staff under Article 7 (2) of the Act, when he/she deems it necessary for the Center's activities. <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 4880, Nov. 11, 2009; Ordinance No. 5295, May 22, 2012; Ordinance No. 5673, Mar. 20, 2014>
Article 13-2 (Guidance and Supervision)
If necessary, the Mayor may instruct the Center or other facility to report matters concerning the operation of the Center or the facility or other necessary matters or to conduct a review or an inspection. <Amended by Ordinance No. 4714, Nov. 13, 2008>
Article 14 (Steering Committee)
(1) The Center or other facility shall have a steering committee to have the committee deliberate on the following matters: <Amended by Ordinance No. 4714, Nov. 13, 2008>
CHAPTER IV AFTER-SCHOOL CARE
Article 15 (Establishment of Childcare Centers)
The Seoul Metropolitan Government shall establish after-school childcare centers preferentially in industrial areas and areas densely populated with low-income families but may establish such childcare centers by extending, renovating, or repairing existing infant childcare centers, welfare facilities under the Social Welfare Services Act, religious facilities, educational facilities, and other similar facilities. <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 4880, Nov. 11, 2009; Ordinance No. 5295, May 22, 2012; Ordinance No. 5869, May 14, 2015>
Article 16 (Standards for Childcare Centers)
The standards for facilities with which each after-school Childcare Center shall be equipped and the standards for the operation of such facilities shall conform to Articles 9 and 23 of the Enforcement Rule of the Infant Care Act. <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5295, May 22, 2012>
Article 17 (Education and Training)
The Mayor shall conduct educational programs for the enhancement of qualities of after-school nursery teachers.
CHAPTER V PREVENTION, ETC. OF CHILD ABUSE
Article 18 (Installation, etc., of Closed Circuit Televisions)
Persons who establish and operate childcare centers shall install and manage closed circuit television cameras under the Personal Information Protection Act and other relevant statutes (hereinafter referred to as "closed circuit televisions"), to ensure the safety of infants and children by preventing child abuse; and to ensure the security of childcare centers pursuant to Article 15-4 (1) of the Act.
Article 19 (Surveying and Inspecti Closed Circuit Televisions)
At least annually, the Mayor shall survey and review the status of installation and management of closed circuit televisions installed pursuant to Article 15-5 (4) of the Act; and shall access video recordings, to eliminant any infringement therefrom upon the rights of children and childcare staff and other people observed.
Article 20 (Persons Obliged to Report Child Abuse, etc.)
(1) The Mayor may notify childcare staff including heads of childcare centers that he/she is obliged to report child abuse, pursuant to Article 26 (2) of the Child Welfare Act.
Article 21 (Improvement of Working Conditions for Childcare Staff)
The Mayor shall endeavor to improve working conditions for childcare staff, for the mental and physical protection of infants and children and quality enhancement of childcare.
Article 21-2 (Obligations of Childcare Staff)
(1) No childcare staff may inflict physical pains or mental pains such as yelling or using abusive language to infants and children under his/her care.
CHAPTER VI COSTS AND EXPENSES
Article 22 (Subsidization of Costs and Expenses)
(1) Pursuant to Article 36 of the Act and Article 24 (1) of the Decree, the Mayor may subsidize all childcare centers fully or partially, within budget limits, for the following costs and expenses: <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 4880, Nov. 11, 2009; Ordinance No. 5295. May 22, 2012; Ordinance No. 5673, Mar. 20, 2014; Ordinance No. 5869, May 14, 2015; Ordinance No. 6026, Oct. 8, 2015>
Article 23 (Order to Return Costs, Expenses, or Subsidies)
If the founder and operator of a childcare center, the head of the Center or other facility, a person who conducts an entrusted educational or training program falls under any of the following subparagraphs, the Mayor may order such person to return all or some of the expenses or subsidies already paid or granted: <Amended by Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5295. May 22, 2012; Ordinance No. 5869, May 14, 2015>
Article 24 (Education)
(1) The Mayor shall endeavor to improve the quality of care services for infants and children by conducting educational programs for childcare staff. <Amended by Ordinance No. 4306, Sep. 30, 2005; Ordinance No. 5295. May 22, 2012; Ordinance No. 5956, Jul. 30, 2015>
CHAPTER VII SUPPLEMENTARY PROVISIONS
Article 25 (Evaluation of Childcare Centers)
Pursuant to Article 43-2 of the Social Welfare Services Act and Article 27-2 of the Enforcement Rule of the aforesaid Act, the Mayor shall conduct evaluations of childcare centers and may provide special support to childcare centers designated as exemplary centers as a result of such evaluations. <Amended by Ordinance No. 4714, Nov. 13, 2008; Ordinance No. 5295, May 22, 2012; Ordinance No. 6026, Oct. 8, 2015>
|