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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON PRECAUTIONS AND PREVENTION AGAINST CHILD ABUSE

Article 1 (Purpose) The purpose of this Ordinance is to create an environment in which children can grow up safe and healthy, by prescribing matters necessary for prevention against child abuse and protection of child victims under Article 22 (1) of the Child Welfare Act.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "children" means those persons under 18 years of age, as defined in subparagraph 1 of Article 3 of the Child Welfare Act (hereinafter referred to as the "Act");
2. The term "child abuse" means doing harm to a child's health or welfare or committing physical, mental, or sexual violence, or cruel acts likely to impede normal growth of a child, by adults including the child's guardian, and abandoning or neglecting a child by his/her guardian, as defined in subparagraph 7 of Article 3 of the Act;
3. The term "abused child" means a child victimized by child abuse, as defined in subparagraph 8 of Article 3 of the Act;
4. The term "child abuse prevention center" refers to a specialized child protection agency referred to in Article 45 of the Act which takes charge of prompt services for management of cases of child victim and of the prevention of child abuse;
5. The term "protector" refers to a person with parental authority, a guardian, a person who protects, rears and educates a child or who is liable to do so, or a person who actually protects and supervises a child due to the relations of business, employment, etc

Article 3 (Scope of Application) Except as otherwise expressly provided for in relevant statutes and other ordinances concerning prevention against child abuse and protection of child victims, this Ordinance shall govern.



Article 4 (Mayor's Responsibilities) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall conscientiously perform his/her duties, such as proactively taking measures for prevention against child abuse and protection of child victims Article 22 (1) of the Act.
(2) The Mayor shall take administrative and financial measures necessary to implement various policies on prevention against child abuse and protection of child victims.


Article 4-2 (Responsibilities of Protectors) (1) The protectors of children shall rear the children healthy and safely at home, according to the developmental stages of children.
(2) No protectors of children shall inflict physical pain or psychological pain, by, e.g., using violent language, on the children.
[This Article Newly Inserted on Jan, 17, 2021]

Article 5 (Formulation, Implementation, etc. of Child Abuse Prevention Plans) (1) Each year, the Mayor shall formulate and implement a child abuse prevention plan for prevention against child abuse and protection of child victims.
(2) A child abuse prevention plan referred to in paragraph (1) shall include the following:
1. Polices necessary for prevention against child abuse and protection of child victims;
2. Education and campaigns to prevent child abuse;
3. Establishment of a cooperative system for prevention against child abuse and protection of child victims;
3-2. Investigation on child abuse and establishment of case management system and matters concerning operation support.
4. Operation of child abuse prevention centers;
5. Securing a budget for precautions and prevention against child abuse;
6. Other matters necessary for prevention against child abuse and protection of child victim.
(3) If necessary to formulate and implement a plan under paragraph (1), the Mayor may request public agencies or relevant corporations or organizations to provide cooperation.

Article 6 (Establishment of Cooperative System among Relevant Institutions) For efficiently implementing prevention against child abuse and protection of child victim, the Mayor shall establish a cooperative system among relevant institutions, such as facilities related to support for abused children, educational institutions, medical institutions, courts, investigation agencies, and legal aid institutions.

Article 6-2 (Child Abuse-Related Criminal History Record Check) (1) Pursuant to Article 29-3 (4) of the Act, the Mayor shall request the head of the child related facility or institution (Hereinafter referred to as "child-related institutions") to check child abuse-related criminal history records under the consent of the person who intends to operate a child-related institution. Provided, That where a person who intends to operate a child-related institution directly submits a written reply to child abuse-related criminal history record check to the Mayor, a child abuse-related criminal history record check shall be deemed to have been conducted.
(2) The Mayor shall at least once a year inspect and ascertain whether a person issued with an employment restriction order for committing a child abuse-related crime is operating, working at, or providing de facto labor to, any child-related institutions, in violation of Article 29-3 (1), directly or by means of an inquiry of a relevant institution, etc.
(3) The Mayor shall demand that the head of a child-related institution dismiss a person who is employed or in a de facto employment relationship in violation of Article 29-3 (1).
(4) The Mayor shall demand that the head of a child-related institution close the child-related institution if it is in operation in violation of Article 29-3 (1).
[This Article Newly Inserted on Dec. 30, 2021]

Article 7 (Establishment of Child Abuse Prevention Committee) (1) In order to consult, and seek advice, on the following matters for prevention against child abuse and protection of child victims, the Mayor shall establish a Seoul Metropolitan Child Abuse Prevention Committee (hereinafter referred to as the "Committee"):
1. Formulation and modification of child abuse prevention plans;
2. Sharing of information with, and establishment of a cooperative system among, relevant institutions;
3. Any other matter referred by the chairperson for deliberation at a meeting of the Committee for prevention against child abuse and protection of child victims.
(2) The Seoul Metropolitan Child Welfare Deliberation Committee under the Seoul Metropolitan Government Ordinance on Establishment and Operation of Seoul Metropolitan Child Welfare Deliberation Committee shall act on behalf of the Committee referred to in paragraph (1). In such cases, the Seoul Metropolitan Child Welfare Deliberation Committee shall be deemed the Committee referred to in paragraph (1).

Article 8 (Child Abuse Prevention Education) (1) The Mayor may conduct relevant education for prevention against child abuse and protection of child victims, for persons obliged to report child abuse crimes, ordinary citizens, etc., under Article 10 (2) of the Act on Special Cases concerning the Punishment, etc., of Child Abuse Crimes, in cooperation with specialized institutions.

Article 9 (Fact-Finding Surveys) (1) The Mayor shall conduct a fact-finding survey on child abuse biennially, and publicize the findings thereof, and shall reflect such findings in child abuse prevention plans referred to in Article 5.
(2) The Mayor may entrust the fact-finding survey referred to in paragraph (1) to a research institute, corporation, or organization with specialty, human resources, and equipment.
(3) The fact-finding survey referred to in paragraph (1) may be substituted by a fact-finding survey on human rights conducted pursuant to Article 66 of the Seoul Metropolitan Government Ordinance on Human Rights of Children and Juveniles. In such cases, the latter shall contain the status of child abuse, and a separate survey shall be conducted if it does not contain the status.

Article 10 (Establishment, Operation, etc. of Child Abuse Prevention Centers) (1) The Mayor shall establish and operate child abuse prevention centers to prevent child abuse and to promptly discover, protect, and provide medical treatment to, abused children pursuant to Article 45 of the Act.
(2) The Mayor may designate non-profit corporations established for prevention of child abuse and entrust them with the operation of child abuse prevention centers, pursuant to Article 45 (4) of the Act.
(3) Child abuse prevention centers referred to in paragraph (1) shall perform the following duties: <Amended on Jan. 7, 2021>
1. Case management including medical treatment of child victims, prevention of child abuse etc.;
2. Counseling, medical treatment, and education for abused children and their families and child abusers;
3. Education and campaigns for prevention of child abuse;
4. Post management of abused children's families.
(4) To efficiently operate child abuse prevention centers, the Mayor shall endeavor to establish and operate institutions for on-site investigations separately from management institutions for child abuse cases.
(5) Where the Mayor establishes a child abuse prevention center, he/she shall do so, based upon the number of children in each autonomous Gu, geographical conditions, etc.

Article 11 (Establishment, Operation, etc. of Shelters for Abused Children) (1) In order to promote the physical safety, emotional stability, and healthy growth of abused children, the Mayor may establish and operate a shelter for abused children.
(2) A shelter for abused children referred to in paragraph (2), shall perform the following duties:
1. Protecting abused children, and providing accommodation and meals;
2. Supporting livelihood of abused children;
3. Providing counselling and treatment;
4. Providing educational and emotional support;
5. Any other matters deemed necessary by the Mayor.
(3) The Mayor may entrust non-profit corporations, organizations, etc., with the operation of shelters for abused children referred to in paragraph (1), if necessary.

Article 11-2 (Support For The Child Victims And Child Victims' Homes) (1) The Mayor may provide the family members of a child victim, including the child victim and his or her protector, with necessary support such as counseling, education, medical treatment, and psychotherapy, to secure the safety of the child, prevent recurrence of child abuse, and maintain healthy family functions.
(2) Where a child victim and his or her family members enrolled in schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act need to enter schools (including admission and re-admission to schools, transfer to other schools, or transfer admission to other schools) outside their place of domicile, the Mayor shall provide support to help them enter those schools and request for necessary measures to the Seoul Special Metropolitan City Superintendent of Education and the Head of district Office of Education.
[This Article Newly Inserted on Jan. 7, 2021

Article 11-3 (Selection of Child Abuse Specialized Medical Institution) The Mayor may select city hospital, competent public health center or private medical center as a child abuse specialized medical institution for the treatment of child victims.
[This Article Newly Inserted on Jan. 7, 2021]

Article 11-4 (Early Detection of Child Abuse Danger Signal) The Mayor shall establish cooperation system with self-governing Gu for early detection of abuse endangered child and protection.
[This Article Newly Inserted on Mar. 25, 2021]

Article 12 (Child Abuse Prevention Related Events and Publicity Activities) (1) The Mayor may hold events and to conduct publicity activities, which fit for the purpose of the Day for Prevention of Child Abuse. <Amended on Jan. 7, 2021>
(2) The Mayor shall conduct publicity activities on prevention against child abuse and protection of child victim through cooperation with the Head of self-governing Gu and child abuse prevention center using newspapers, broadcasts etc. <This Paragraph Newly Inserted on Jan. 7, 2021>


Article 13 (Subsidization for Operating Expenses) The Mayor may subsidize necessary operating expenses, within budgetary limits, to institutions, organizations, or facilities established for the purposes of implementing prevention against child abuse and protection of child victim.

Article 13-2 (Supervision And Management) [This Article Newly Inserted on Jan. 7, 2021]


Article 14 (Obligation to Maintain Confidentiality) No person who engaged, or engages, in business relating to prevention against child abuse and protection of child victims shall disclose any confidential information he/she has become aware of in the course of performing his/her duties.