SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON HUMAN RIGHTS OF CHILDREN AND JUVENILES
- Enactment No. 5385, Nov. 01, 2012
- Amendment of Other Laws No. 6016, Oct. 08, 2015
- Partial Amendment No. 6328, Sep. 29, 2016
- Partial Amendment No. 6485, May. 18, 2017
- Amendment of Other Laws No. 6851, Mar. 22, 2018
- Amendment of Other Laws No. 7044, Mar. 28, 2019
- Amendment of Other Laws No. 7046, Mar. 28, 2019
- Amendment of Other Laws No. 7217, Jul. 18, 2019
- Partial Amendment No. 7345, Sep. 26, 2019
- Partial Amendment No. 7408, Dec. 31, 2019
- Amendment of Other Laws No. 7423, Dec. 31, 2019
Partial Amendment No. 6328, Sep. 29, 2016 | Partial Amendment No. 6485, May. 18, 2017 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to realize the human rights of children and juveniles of Seoul Metropolitan City (hereinafter referred to as "City") pursuant to relevant statutes, such as the Constitution of the Republic of Korea, the United Nations Convention on the Rights of the Child, the Child Welfare Act, the Framework Act on Juveniles, the Juvenile Welfare Support Act, and the Juvenile Activity Promotion Act.
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Article 2 (Definitions)
The terms used in this Ordinance shall be defines as follows:
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Article 3 (Responsibilities)
(1) In formulating and executing policies, the Mayor shall give top priority to the realization of human rights of children and juveniles, and shall have the responsibility to faithfully implement the provisions of this Ordinance.
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Article 4 (Requests to State, etc.)
The Mayor may request cooperation from the State, other local governments, public institutions, etc. if necessary to guarantee human rights of children and juveniles.
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Article 5 (Relationship with other Ordinances and Ordinances of Autonomous Gus)
(1) Other ordinances relating to human rights of children and juveniles shall be enacted or amended in compliance with the provisions of this Ordinance.
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SECTION 1 Principles
Article 6 (Subjectivity of Human Rights and Principles of Guaranteeing Human Rights)
(1) Children and juveniles shall be the subject of their own human rights, and shall respect others' human rights as well as theirs.
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Article 7 (Prohibition against Discrimination)
(1) Each child and juvenile has the right to be protected from all forms of discrimination, irrespective of his/her age, gender, religion, social status, region, nationality, ethnic origin, language, disability, physical conditions, including appearance, pregnancy or childbirth, family types or family circumstances, race, economic status, skin color, ideology or political opinion, sexual orientation, gender identity, medical history, disciplinary punishment, grades, form of employment, etc.
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SECTION 2 Rights to Growth Environment and Health
Article 8 (Right to Growth Environment)
(1) A child or juvenile separated from his/her family has the right to special protection and assistance from a local government or relevant institution.
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Article 9 (Health)
(1) Children and juveniles have the right to have opportunities to enjoy the natural environment and to live and do activities in a space with sufficient sunlight, fresh air and adequate green areas, while receiving necessary nourishment.
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SECTION 3 Right to be Free from Violence and Danger
Article 10 (Right to be Free from Violence)
(1) Children and juveniles have the right to be free from all forms of physical and mental violence, sexual violence, abuse, exploitation, harassment, contempt, etc. In particular, any of the aforementioned activity against minority children and juveniles shall be prohibited.
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Article 11 (Right to Live Safely)
(1) Children and juveniles have the right to live in a peaceful and safe environment.
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SECTION 4 Right to be Guaranteed Freedom of Conscience, Expression, etc.
Article 12 (Freedom of Conscience and Religion)
(1) Children and juveniles shall enjoy freedom of conscience, thought and religion.
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Article 13 (Freedom of Individuality and Expression)
(1) Children and juveniles shall be accepted as they are, and have the right to retain their unique culture, language, etc. or those of a group to which they belong.
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SECTION 5 Right to Freedom of Privacy and Information
Article 14 (Freedom of Privacy, etc.)
(1) Every child and juvenile has the right to be guaranteed, and to keep secret about, their privacy.
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Article 15 (Right to Information)
(1) Children and juveniles may have access to information and material useful for them from a diversity of national and international sources, and have the right to demand disclosure of all information affecting them. Minority children and juveniles, in particular, have the right to have easy access to information, material and educational programs useful for them.
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SECTION 6 Right to Education, Culture and Welfare
Article 16 (Right to Education)
(1) Children and juveniles have the right not to be driven to extreme competition in the course of receiving education.
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Article 17 (Right to Play and Rest)
(1) Children and juveniles have the right to engage in play and recreational activities, to rest, and to have enough sleeping time.
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Article 18 (Right to Cultural, Artistic and Sports Activities)
(1) Children and juveniles have the right to participate in diverse cultural, artistic and sports activities.
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Article 19 (Right to Welfare)
(1) Children and juveniles have the right to enjoy a decent life.
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SECTION 7 Labor Rights
Article 20 (Labor Human Rights)
(1) Working juveniles have labor rights guaranteed by the Constitution and statutes.
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Article 21 (Protection of Labor of Children and juveniles)
(1) No employer shall infringe on any juvenile’s right to receive education, nor assign affairs likely to harm the health, safety, etc. of children and juveniles to children and juveniles.
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Article 22 (Mayor's Responsibilities)
The Mayor shall have the responsibility to endeavor to ensure that juveniles can work in an appropriate working environment.
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SECTION 8 Right to Self-Determination and Participation
Article 23 (Right to Self-Determination)
Children and juveniles have the right to make their own decision, to present their opinions, and to be respected in relation to all matters affecting them, such as career, hobbies and studies.
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Article 24 (Right to Participation)
(1) Children and juveniles have the right to participate in society for the happiness of individuals and communities.
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Article 25 (Right for Guarantee of Rights)
Children and juveniles have the right to know about the procedures for counseling or remedies they shall undergo where their human rights are infringed, and the right not to be disadvantaged where they file an application for counseling or remedies.
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SECTION 1 Guarantee of Human Rights at Home
Article 26 (Guarantee of Human Rights by Guardians, etc.)
(1) A guardian shall ensure that the best interests of a child or juvenile he/she is rearing are secured when such child or juvenile exercises his/her right.
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Article 27 (Support for Child-Rearing)
(1) A guardian shall have the primary responsibility for rearing a child or juvenile, and the Mayor shall support guardians who rear a child or juvenile by providing him/her with counseling, education, or other service.
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Article 28 (Prohibition of Abuse and Violence)
(1) No guardian shall commit physical, mental or linguistic violence, including corporal punishment, against a child or juvenile he/she rears.
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Article 29 (Remedies for and Recovery from Abuse)
(1) The Mayor shall take prompt and appropriate remedial measures for any abused child or juvenile, and ensure that he/she can recover from abuse. To this end, he/she shall actively cooperate with the police and other relevant institutions.
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SECTION 2 Guarantee of Human Rights at Facilities
Article 30 (Improvement, etc. of Environment)
(1) A founder and manager of a facility defined in subparagraph 2 of Article 2 (hereinafter referred to as "founder and manager of a facility") shall endeavor to ensure that human rights of children and juveniles are guaranteed and appropriate resting spaces are available for them.
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Article 31 (Prohibition, etc. of Abuse and Violence)
(1) The head and employees of a facility shall not commit any physical, mental or linguistic violence, including corporal punishment, against children and juveniles.
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Article 32 (Prevention, etc. of Violence among Children or Juveniles)
(1) A founder and manager of a facility shall endeavor to prevent violence or bullying among children or juveniles.
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Article 33 (Counseling, etc.)
(1) A founder and manager of a facility shall have a system guaranteeing that children and juveniles can have proper counseling about abuse, corporal punishment, or violence or bullying among them.
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Article 34 (Management of Information on Children and Juveniles)
(1) Each facility shall appropriately manage and keep information on children and juveniles.
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Article 35 (Participation and Proper Procedures)
(1) A founder and manager of a facility shall provide children and juveniles with information on the operation of the facility, and shall hear and reflect their opinions in relation to its operation.
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SECTION 3 Guarantee of Human Rights at School
Article 36 (Cooperation and Support)
(1) The Mayor shall cooperate with the Superintendent of Education to ensure that human rights of children and juveniles can be realized at school as well.
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SECTION 4 Guarantee of Human Rights in Communities
Article 37 (Securing and Managing Spaces for Children and Juveniles)
(1) The Mayor shall endeavor to secure enough spaces for children and juveniles in a readily accessible distance.
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Article 38 (Guarantee of Right to Information)
(1) The Mayor shall endeavor to regulate any photograph, picture or exhibition which is gender discriminative or violates human rights.
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Article 39 (Guarantee of Labor Human Rights)
(1) Each business entity shall prepare employment contracts with, and distribute them to, working juveniles, and shall explain the terms and conditions thereof in a language they can understand.
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Article 40 (Child and Juvenile Runaways)
(1) The Mayor shall make available sufficient spaces where child and juvenile runaways can rest and live comfortably.
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Article 41 (Prohibition of Discrimination against and Support for Out-of-School Children and Juveniles)
(1) The Mayor shall endeavor to protect children and juveniles who do not attend school or attend unauthorized alternative educational institutions (hereinafter referred to as "out-of-school children and juveniles") from suffering discrimination in communities, and shall prepare schemes to guarantee their right to learn, within budgetary limits.
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Article 42 (Support for Unauthorized Alternative Educational Institutions)
(1) The Mayor shall provide support for educational activities for unauthorized alternative educational institutions within budgetary limits, such as subsidizing meal expenses and educational expenses, and shall endeavor to provide support for spaces necessary for their educational activities as well.
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Article 43 (Civic Engagement and Cooperation)
(1) Where a citizen discovers abuse or violence against a child or juvenile in a community, he/she shall take proper actions, such as filing a report thereon.
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SECTION 5 Guarantee of Human Rights for Poor, Disabled and Minority Children and Juveniles
Article 44 (Guarantee of Rights for Poor, Disabled and Minority Children and Juveniles)
(1) The Mayor, the heads, employees, etc. of facilities shall endeavor to ensure that poor, disabled and minority children and juveniles can be properly guaranteed their rights required based on their specific circumstances.
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CHAPTER IV COMMITTEE ON HUMAN RIGHTS OF CHILDREN AND JUVENILES
Article 45 (Committee on Human Rights of Children and Juveniles)
(1) A Committee on Human Rights of Children and Juveniles (hereinafter referred to as the "Committee") shall be established in order to deliberate on the City's major policies relating to human rights of children and juveniles and measures against serious human rights infringements and to create public debate in, and obtain cooperation from, communities in relation to human rights of children and juveniles.
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Article 46 (Composition of Committee)
(1) The Committee shall be comprised of up to 20 persons, including one Chairperson and one Vice Chairperson who are appointed from among members of the Committee.
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Article 47 (Operation of Committee)
(1) The Chairperson shall represent the Committee and preside over the affairs of the Committee.
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Article 48 (Cooperative System on Human Rights Policy)
The Mayor shall establish a cooperative system on human rights policy participated by the City, the Committee on Human Rights of Children and Juveniles, the Seoul Metropolitan Office of Education, the human rights promotion agency under the Office of Education and relevant organizations, through consultation with the Superintendent of Education.
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Article 49 (Detailed Operation Rules)
Except as otherwise expressly provided for in this Ordinance, matters necessary for the operation of the Committee and subcommittees shall be prescribed by the detailed operation rules of the Committee.
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CHAPTER V CHILD AND JUVENILE PARTICIPATION COMMISSION
Article 50 (Establishment)
In order to guarantee child and juvenile participation in the course of formulating policies relating to children and juveniles and compiling budget therefor and to facilitate autonomous activities, the Seoul Metropolitan Child and Juvenile Participation Commission (hereinafter referred to as the "Commission") shall be established, which performs the following functions:
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Article 51 (Composition)
(1) The Commission shall be comprised of up to 100 members, including one Chairperson and one Vice Chairperson.
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Article 52 (Assistance)
The Mayor shall assist the Commission in matters necessary for its operation and activities.
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Article 53 (Chairperson's Duties)
(1) The Chairperson shall represent the Commission and preside over the affairs of the Commission.
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Article 54 (Meetings and Operation)
(1) Meetings of the Commission shall be classified into regular meetings and extraordinary meetings, and the regular meeting shall be held at least quarterly, while the extraordinary meetings shall be called if requested by at least a majority of all incumbent members or deemed necessary by the Mayor or the Chairperson.
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Article 55 (Gathering Consensus)
(1) Where the Mayor deems it necessary for the Commission to present its opinions in the course of implementing a policy or project, he/she shall gather consensus in advance and fully reflect them.
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Article 56 (Allowances, etc.)
Actual expenses, such as travel expenses, may be reimbursed, within budgetary limits, to a member who has participated in various activities of the Commission, but benefits unfit for the purport of voluntary participation shall not be granted.
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CHAPTER VI REMEDIES FOR HUMAN RIGHTS INFRINGEMENTS
Article 57 (Institution in Charge of Counseling and Remedies)
(1) Citizens' human rights advocates of the Seoul Metropolitan Government created pursuant to the Seoul Metropolitan Government Framework Ordinance on Human Rights shall take charge of counseling on, and remedies for, infringements of human rights of children and juveniles.
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Article 58 (Procedures for Counseling and Remedies)
(1) A child or juvenile himself/herself who has suffered a human rights infringement or discrimination or any person who has become aware of an infringement of the child or juvenile’s human rights may apply for counseling or remedies with a citizens' human rights advocate.
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Article 59 (Application Mutatis Mutandis)
Except as otherwise expressly provided for in this Ordinance, Chapter IV of the Seoul Metropolitan Government Framework Ordinance on Human Rights shall apply to counseling on, and remedies for, human rights infringements.
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SECTION 1 Education and Public Relations on Human Rights
Article 60 (Seoul Human Rights Day for Children and Juveniles)
(1) The Mayor may designate Seoul Human Rights Day for Children and Juveniles in order to enhance interest in human rights of children and juveniles and to expand participation.
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Article 61 (Public Relations)
The Mayor shall make publicity endeavors, such as producing and distributing explaining materials on human rights of children and juveniles and on the provisions of relevant ordinances, including the United Nations Convention on the Rights of the Child and this Ordinance, so that a culture respecting children and juveniles can be firmly established in communities or at home.
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Article 62 (Education on Human Rights)
(1) The Mayor shall endeavor to add education on human rights of children and juveniles to various opportunities for education, such as lifelong education implemented by the City.
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