SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON INFANT CARE

Ordinance No. 3598, May 10, 1999

Amended by Ordinance No. 3891, Jul. 16, 2001

Ordinance No. 4306, Sep. 30, 2005

Ordinance No. 4714, Nov. 13, 2008

Ordinance No. 4880, Nov. 11, 2009

Ordinance No. 5295, May 22, 2012

CHAPTER I GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Ordinance is to contribute to the promotion of the welfare of infants and their families by improving the quality of protection and education of infants and children in the Seoul Metropolitan City and by helping their custodians engage in social and economic activities without difficulties pursuant to the Infant Care Act.  

Article 1-2 (Definitions)

The terms used in this Ordinance shall be defined as follows:

1. The term "infant" means a pre-school child who is under six years of age;

2. The term "infant care" means social welfare services for supporting day care centers in which infants are protected and nurtured in healthy and safe conditions and education fit for developmental characteristics of infants are provided and child-nurturing at home;

3. The term "day care center" means an institution that provides infant care services to infants entrusted by their custodians;

4. The term "custodian" means a person in parental authority, a guardian, or any other person who has the de facto custody of an infant;

5. The term "infant care provider" means a person who takes charge of providing infant care and health management of infants, consultation with their guardians and other affairs, such as the management and operation of a day care center, including the head of a day care center, child care providers, or other employees;

6. The term "after-school care" means care services provided mainly to elementary school children in need of after-school protection, such as children of dual-income couples.

[This Article Newly Inserted by Ordinance No. 4306, Sep. 30, 2005]

Article 2 (Responsibility)

The Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") shall be responsible for providing sound care for infants and children jointly with their custodians.

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").

Article 4 (Composition)

(1) The Committee shall be comprised of no more than 15 members, including one chairperson and one vice chairperson.

(2) Members of the Committee shall be commissioned or appointed by the Mayor from among the following persons:

1. Infant care specialists;

2. Heads of day care centers and representatives of child care providers;

3. Representatives of custodians or persons who represent public interests;

4. Related public officials;

5. Members recommended by the Seoul Metropolitan Council;

6. and 7. Deleted.

(3) The chairperson and vice chairperson shall be elected by and from among Committee members.

(4) The Committee shall have one secretary who shall be appointed by the Mayor from among the public officials of the Metropolitan Government.

Article 5 (Functions)

The Committee shall deliberate on the following matters regarding infant care programs of the Metropolitan Government:

1. Matters regarding the establishment of an infant care plan and an annual implementation plan;

2. Matters regarding the establishment of day care centers and entrustment of the operation thereof;

3. Matters regarding infant care fees that users of a day care center shall pay;

4. Matters regarding the establishment of an infant care information center and the entrustment of operation thereof;

5. Matters regarding the designation of educational and training facilities;

6. Matters regarding the entrustment of refresher training;

7. Matters regarding the establishment and operation of day care centers providing after-school child care services;

8. Other matters brought before the Committee by the chairperson for deliberation in connection with infant care services.

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.

(2) The term of office for a related public official member shall be the term of service in his/her position.

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 any heavier punishment, becomes unable to perform his/her duties or is found incompetent to perform his/her duties as a Committee member due to long-term mental or physical debility or long-term absence from office.

[This Article Newly Inserted by Ordinance No. 3891, Jul. 16, 2001]

Article 7 (Duties of Committee Chairperson, etc.)

(1) The Committee chairperson shall represent the Committee and have overall control of the administrative affairs of the Committee.

(2) The Committee chairperson shall convene and preside over meetings.

(3) The vice chairperson shall assist the Committee chairperson and shall act on behalf of the Committee chairperson if he/she is unable to perform his/her duties due to any extenuating circumstance.  

(4) The secretary shall carry out clerical work of the Committee in compliance with the Committee chairperson's orders and shall prepare and manage minutes of meetings.

Article 8 (Meetings)

(1) The meetings of the Committee shall be classified into annual meetings and special meetings.

(2) An annual meeting shall be held once a year, while a special meeting shall be convened by the Committee chairperson whenever he/she deems it necessary or upon request by the Mayor or at least 1/3 of all incumbent Committee members to convene the meeting.

(3) When the Committee chairperson intends to convene a meeting, he/she shall notify each Committee member, in writing, of the date, time, and place of the meeting and the agenda brought for deliberation by no later than seven days before the opening date of the meeting: Provided, That the foregoing shall not apply where an emergency measure is required or there exist an unavoidable cause.    

(4) A meeting of the Committee shall be duly formed with the attendance of a majority of all incumbent members and shall adopt a resolution by a concurrent vote of a majority of those present at the meeting.

(5) Deleted.

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:

1. If a Committee member or his/her spouse or ex-spouse is a party to a case or a joint right holder or a joint obligor with a party to a case;

2. If a Committee member is a blood relative of a party to a case;

3. If a Committee member or a corporation to which a Committee member belongs was or is involved in a case as the agent of a party to the case;

4. If it is found that a Committee member has a direct interest in connection with a party to a case.

(2) A party to a case may file a challenge against a Committee member, if there exists a ground to believe that it is difficult to expect impartiality in deliberation from the Committee member.

(3) A Committee member may, if there exists a ground under paragraph (1) or (2), abstain from deliberation on the case at issue.  

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 related public official members who  attend a meeting in direct connection with their duties.  

CHAPTER III INFANT CARE INFORMATION CENTER, ETC.

Article 10 (Establishment and Operation)

(1) The Mayor shall establish and operate the Seoul Metropolitan Infant Care Information Center (hereinafter referred to as the "Infant Care Information Center") to provide information on care of infants and children and counseling services.

(2) The Mayor may establish and operate role-play facilities exclusive for infants and children to promote the development of infants and children and support child care services.

Article 11 (Standards for Establishment)

(1) Standards for the establishment of the Infant Care Information Center shall conform to Article 12 of the Enforcement Decree of the Infant Care Act (hereinafter referred to as the "Decree").

(2) Standards for the establishment of role-play facilities shall conform to Article 17 of the Child Welfare Act and Article 14 of the Enforcement Rule of the Child Welfare Act.

Article 12 (Functions)

(1) The Infant Care Information Center shall carry out the following activities in addition to the business activities under Article 13 (1) 1 through 7 of the Decree:

1. Building-up and advertising the infant care information network;

2. Research on citizens' demand and need for infant care services and research on the actual state of the use of day care centers;

3. Other activities the Mayor deems necessary in relation to infant care.

(2) Each role-play facility shall carry out the following activities:

1. Providing infants and children with opportunities to participate in creative hands-on lessons;

2. Providing child care services;

3. Comprehensive assistance to day care centers and other related institutions;

4. Other activities the Mayor deems necessary.

Article 13 (Organization)

(1) The Mayor may employ personnel, such as computer operators, dieticians and nurses for the Infant Care Information Center, in addition to the personnel under Article 7 (2) of the Act if deemed necessary for the Center's activities.

(2) Pursuant to Article 26-2 of the Decree, the Mayor may, when he/she deems it necessary, entrust a person with the operation of the Infant Care Information Center.

(3) The Mayor may, when he/she deems it necessary, entrust a non-profit corporation with the operation of a role-play facility.

(4) If the operation of the Infant Care Information Center or a role-play facility (hereinafter referred to as  "Center or other facility") is entrusted to a person under paragraph (2) or (3), the head of the Center or other facility shall be appointed or dismissed by the trustee with the Mayor's approval, and other employees shall be appointed or dismissed by the head of the Center or other facility who shall report it to the Mayor subsequently.

(5) The term of office for the civilian head of the Center or other facility shall be three years but may be renewed consecutively.

(6) Other matters necessary for the operation of the Center or other facility shall be prescribed by the relevant Rule.

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.

[This Article Amended by Ordinance No. 4306, Sep. 30, 2005]

Article 14 (Steering Committee)

(1) The Center or other facility shall have a steering committee to deliberate on the following matters:

1. Matters concerning the establishment of an operation plan;

2. Matters concerning the implementation of major business activities;

3. Other matters on which the head of the Center or other facility requests deliberation.

(2) The steering committee shall be comprised of no more than nine members, including one chairperson and one vice chairperson.

(3) Members of the steering committee shall be commissioned by the head of the Center or other facility from among the following persons:

1. Related public officials;

2. Child care providers;

3. Persons who have abundant knowledge and a good reputation in connection with infant care.

(4) The term of office for each committee member shall be two years, but may be renewed consecutively.

(5) The head of the Center or other facility shall serve as the committee chairperson, and the steering committee shall have one secretary who shall carry out clerical work of the steering committee.

(6) A meeting of the steering committee shall be duly formed upon the attendance of a majority of all incumbent committee members and shall adopt a resolution by a concurrent vote of a majority of those present at the meeting.

(7) Committee members who attend or participate in the steering committee shall be reimbursed for allowances, travel expenses, and other actual expenses within budgetary limits.

CHAPTER IV AFTER-SCHOOL CARE

Article 15 (Establishment of Day Care Centers)

The Metropolitan Government shall establish day care centers providing after-school child care services preferentially in industrial areas and areas densely populated with low-income families but may establish such day care centers by extending, renovating, or repairing existing infant day care centers, welfare facilities under the Social Welfare Services Act, religious facilities, educational facilities, and other similar facilities.  

Article 16 (Standards for Day Care Centers)

Standards for facilities and standards for operation that should be met by each day care center providing after-school child care services shall conform to Articles 9 and 23 of the Enforcement Rule of the Infant Care Act.

Article 17 (Education and Training)

The Mayor shall conduct educational programs for improving the quality of after-school care providers.

CHAPTER V COSTS AND EXPENSES

Article 18 (Subsidization of Costs and Expenses)

(1) Pursuant to Article 36 of the Act and Article 24 (1) of the Decree, the Mayor may fully or partially subsidize all infant care facilities, within budgetary limits, for the following costs and expenses:

1. Costs of the establishment, extension, renovation, and repairing of day care centers;

2. Personnel expenses for child care providers;

3. Costs of teaching materials and tools;

4. Costs of and expenses incurred in the establishment and operation of the Infant Care Information Center;

5. Expenses for the education and training of workers, including continuing education;

6. Operating expenses for extended care, after-school care, and care of infants, disabled children, children of multi-cultural families, and other disadvantaged children;

7. Subsidization of beneficiaries under the National Basic Living Security Act and children of low-income families for care fees and meal expenses;

8. Other costs and expenses incurred in programs the Mayor deems necessary for the invigoration of infant care services.

(2) Where a private or home day care center observes the ceiling of child care fees set by the Mayor, gives priority children of low-income families in admission to such day care center, and operates the day care center in the same level as national and public day care centers, the Mayor may subsidize such day care center, within budgetary limits, for personnel expenses for child care providers.

(3) The Mayor may fully or partially subsidize a role-play facility, within budgetary limits, for costs and expenses incurred in the establishment and operation of the facility.

Article 19 (Orders to Refund Costs, Expenses, or Subsidies)

If the founder or operator of a day care 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 refund the full amount, or part of costs, expenses, or subsidies already paid or granted:

1. If the operation of a day care center is suspended, discontinued, or cancelled;

2. If a subsidy has been spent for any purpose other than the purposes of its original purposes of business;

3. If the person has obtained a subsidy by fraud or other wrongful means;

4. If the person violates the Act or an order issued pursuant to the Act.

[This Article Wholly Amended by Ordinance No. 4306, Sep. 30, 2005]

CHAPTER VI SUPPLEMENTARY PROVISIONS

Article 20 (Education)

The Mayor shall endeavor to improve the quality of care services for infants and children by conducting educational programs for child care providers.

Article 21 (Evaluation of Day Care Centers)

Pursuant to Article 43 of the Social Welfare Services Act and Article 27 of the Enforcement Rule of the aforesaid Act, the Mayor shall conduct evaluations of day care centers and may provide special support to day care centers designated as exemplary day care centers as a result of such evaluations.

Article 22 Deleted.

ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.

ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.

ADDENDA

Article 1 (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.

Article 2 (Transitional Provisions)

The members of the Infant Care Policy Committee of the Seoul Metropolitan Government organized pursuant to the Infant Care Act before this Ordinance enters into force shall be deemed to have been commissioned or appointed under this Ordinance, and the remaining term of the members shall be deemed their term of office.

ADDENDA

Article 1 (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.

Article 2 (Applicability to Members of the Committee)

The amended provisions of Article 4 (2) 5 shall begin to apply from members commissioned after this Ordinance enters into force.

ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.

ADDENDUM

This Ordinance shall enter into force on the date of its promulgation.