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- Article 1 (Purpose)
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The purpose of this Act is to help multicultural family members enjoy a stable family life and fulfill roles and responsibilities as members of society, and therefore contribute to the improvement of the quality of life of multicultural family members and their integration into society.
Enforcement Ordinance
- Article 1 (Purpose)
The purpose of this Decree is to prescribe the matters mandated by the Multicultural Families Support Act and matters necessary for the enforcement thereof.
- Article 2 (Definitions)
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The terms used in this Act are defined as follows:
1. The term "multicultural family" means any of the following families:
(a) A family comprised of immigrants by marriage defined in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea and persons who have acquired nationality of the Republic of Korea pursuant to Articles 2 through 4 of the Nationality Act;
(b) A family comprised of a person who has acquired nationality of the Republic of Korea pursuant to Articles 3 and 4 of the Nationality Act and a person who has acquired nationality of the Republic of Korea pursuant to Articles 2 through 4 of the aforementioned Act;
2. The term "immigrants by marriage, etc." means any of the following persons:
(a) Immigrants by marriage, etc. defined in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea;
(b) Persons who obtained permission for naturalization under Article 4 of the Nationality Act;
3. The term "children and juveniles" means persons aged 24 years or younger.
- Article 3 (Responsibility of State and Local Governments)
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(1) The State and local governments shall develop systems and pave the way for conditions necessary to help multicultural family members enjoy a stable family life and fulfill their roles and responsibilities as members of society, and shall establish and implement policies therefor.
(2) Each of the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, the Special Self-Governing Province, and Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall have an organization and public officials in charge of supporting multicultural families.
(3) With regard to matters concerning policies on foreigners, among those prescribed under this Act, the State and local governments shall comply with Articles 5 through 9 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea.
- Article 3-2 (Establishment of Master Plans for Supporting Multicultural Families)
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(1) The Minister of Gender Equality and Family shall establish a master plan for policies on multicultural families (hereinafter referred to as "master plan") every five years to support multicultural families.
(2) The following matters shall be included in a master plan:
1. Basic direction-setting for support policies for multicultural families;
2. Matters concerning development measures in each field for supporting multicultural families and evaluation thereof;
3. Matters concerning improvement of support systems for multicultural families;
3-2. Matters concerning promotion of multicultural family members’ activities in all areas including economy, society and culture;
4. Matters concerning financial resources for supporting multicultural families and distribution thereof;
5. Other matters necessary for supporting multicultural families.
(3) When formulating a basic plan, the Minister of Gender Equality and Family shall consult with the heads of relevant central administrative agencies in advance.
(4) A master plan shall be confirmed after deliberation by the Multicultural Family Policy Commission under Article 3-4. In such cases, the Minister of Gender Equality and Family shall report the plan to the standing committee under the jurisdiction of the National Assembly without delay, and inform the heads of relevant central administrative agencies, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Province Governor (hereinafter referred to as the "Mayors/Do Governors") of the master plan confirmed.
(5) If deemed necessary to establish a master plan, the Minister of Gender Equality and Family may request the heads of relevant central administrative agencies to submit information necessary for the establishment of the master plan.
(6) The heads of relevant central administrative agencies requested to submit information pursuant to Article 5 shall comply therewith, unless a justifiable ground exists.
[This Article Newly Inserted on Apr. 4, 2011]
- Article 3-3 (Establishment and Execution of Annual Implementation Plans)
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(1) The Minister of Gender Equality and Family, the heads of relevant central administrative agencies, and the Mayors/Do Governors shall establish and execute each year an implementation plan for multicultural family policies (hereinafter referred to as "implementation plan").
(2) The heads of relevant central administrative agencies, and the Mayors/Do Governors shall submit each year the results of the implementation plan for the previous year and the implementation plan for the next year to the Minister of Gender Equality and Family, as prescribed by Presidential Decree.
(3) Matters necessary for the formulation and execution of implementation plans, evaluation of the results of execution of such plans, etc. shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 4, 2011]
Enforcement Ordinance
- Article 2 (Formulation and Execution of Annual Implementation Plans)
(1) To ensure that the heads of relevant central administrative agencies and a Special Metropolitan City Mayor, Metropolitan City Mayors, a Special Self-Governing City Mayor, Do Governors, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") effectively formulate and execute annual implementation plans (hereinafter referred to as “implementation plan”) pursuant to Article 3-3 (1) of the Multicultural Families Support Act (hereinafter referred to as the “Act”), the Minister of Gender Equality and Family shall formulate guidelines for formulating the following year’s implementation plan and inform the heads of relevant central administrative agencies and the Mayors/Do Governors of the guideline by no later than October 31 of each year.
(2) Among the matters in the guideline referred to in paragraph (1), the matters related to the policies on foreigners shall be determined in consultation with the Minister of Justice.
(3) The heads of relevant central administrative agencies and the Mayors/Do Governors shall formulate the following year’s implementation plan in accordance with the guidelines for formulating the implementation plan under paragraph (1), and submit the implementation plan to the Minister of Gender Equality and Family by no later than December 31 of each year.
(4) The Minister of Gender Equality and Family shall combine the implementation plan submitted by the heads of relevant central administrative agencies and the Mayors/Do Governors in accordance with paragraph (3) and the implementation plan under the jurisdiction of the Ministry of Gender Equality and Family, and shall submit the same to the Multicultural Family Policy Commission under Article 3-4 of the Act (hereinafter referred to as "Policy Commission").
(5) Where the implementation plan referred to in paragraph (3) becomes final after deliberation and coordination by the Policy Commission, the Minister of Gender Equality and Family shall, without delay, notify the same to the heads of relevant central administrative agencies and the Mayors/Do Governors.
Enforcement Ordinance
- Article 3 (Evaluation, etc. of Performance)
(1) The Minister of Gender Equality and Family shall formulate guidelines for preparing a report on performance of the preceding year’s implementation plan pursuant to Article 3-3 (2) and (3) of the Act, and shall notify the same to the heads of relevant central administrative agencies and the Mayors/Do Governors.
(2) Among the matters in the guideline referred to in paragraph (1), the matters related to the policies on foreigners shall be determined in consultation with the Minister of Justice.
(3) The heads of relevant central administrative agencies and the Mayors/Do Governors shall prepare a report on the implementation performance of the preceding year in accordance with the guidelines for preparing reports on performance under paragraph (1) and submit the report to the Minister of Gender Equality and Family by no later than the end of February of each year.
(4) The Minister of Gender Equality and Family shall comprehensively evaluate the performance reported by the heads of relevant central administrative agencies and the Mayors/Do Governors under paragraph (3) and the performance under the jurisdiction of the Ministry of Gender Equality and Family, and shall report the evaluation results to the Policy Commission.
(5) Where necessary to conduct more efficient evaluations under paragraph (4), the Minister of Gender Equality and Family may consult relevant experts or request them to conduct an investigation or analysis, etc. In such cases, the Minister of Gender Equality and Family may pay allowance, and reimburse travel expenses and other necessary expenses, to relevant experts, within budgetary limits.
Enforcement Ordinance
- Article 4 (Cooperation in Formulation, etc. of Plan)
(1) Where it is necessary to establish and implement an implementation plan and evaluate performance thereof, the Minister of Gender Equality and Family, the heads of relevant central administrative agencies, and the Mayors/Do Governors may request cooperation from the heads of State institutions, local governments, or the public institutions under Article 4 of the Act on the Management of Public Institutions.
(2) A person in receipt of a request for cooperation under paragraph (1) shall comply therewith, except in extenuating circumstances.
- Article 3-4 (Establishment of Multicultural Family Policy Commission)
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(1) A Multicultural Family Policy Commission (hereinafter referred to as "Policy Commission") under the jurisdiction of the Prime Minister shall be established, in order to deliberate on and coordinate important matters regarding the improvement of the quality of life and social integration of multicultural families.
(2) The Policy Commission shall deliberate on and coordinate the following matters:
1. Matters concerning the establishment and execution of a master plan regarding multicultural family policies under Article 3-2;
2. Matters concerning the establishment of an implementation plan for multicultural family policies, and examination and evaluation of the results thereof under Article 3-3;
3. Matters concerning different surveys and research in relation to multicultural families as well as analysis and evaluation of policies thereof;
4. Matters concerning coordination of and cooperation in various projects in connection with support for multicultural families;
5. Matters concerning cooperation between countries in relation to multicultural family policies;
6. Other matters deemed necessary by the chairperson for social integration of multicultural families.
(3) The Policy Commission shall be composed of not more than 20 members, including one chairperson, who shall be assumed by the Prime Minister, and the following persons shall serve as members:
1. The heads of central administrative agencies prescribed by Presidential Decree;
2. A person commissioned by the chairperson from among those who have considerable knowledge and experience in multicultural family policies.
(4) Working committees shall be established under the Policy Commission in order to examine matters in advance for deliberation and coordination by the Policy Commission and to handle matters entrusted therewith, as prescribed by Presidential Decree.
(5) Other matters necessary for the organization, operation, etc. of the Policy Commission and the working committees shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 4, 2011]
Enforcement Ordinance
- Article 5 (Formation, etc. of the Policy Commission)
(1) “The head of a central administrative agency prescribed by Presidential Decree” in Article 3-4 (3) 1 of the Act means the Minister of Economy and Finance, the Minister of Education, the Minister of Science and ICT, the Minister of Foreign Affairs, the Minister of Justice, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Agriculture, Food and Rural Affairs, the Minister of Health and Welfare, the Minister of Employment and Labor, the Minister of Gender Equality and Family, and the Minister of the Office for Government Policy Coordination.
(2) The chairperson of the Policy Commission (hereinafter referred to as “chairperson”) may appoint not more than seven commission members pursuant to Article 3-4 (3) 2 of the Act.
(3) The term of office of the commission members referred to in paragraph (2) shall be two years.
(4) If deemed necessary, the chairperson may require the heads of central administrative agencies and local governments related to the agenda to be deliberated by the Policy Commission, to participate in the meeting.
(5) To handle the affairs of the Policy Commission, one administrative secretary shall be appointed within the Policy Commission, and the administrative secretary shall be the head of the Youth and Family Policy Office of the Ministry of Gender Equality and Family.
Enforcement Ordinance
- Article 6 (Chairperson)
(1) The chairperson shall represent the Policy Commission and supervise the affairs of the Policy Commission.
(2) When the chairperson becomes unable to perform his/her duties due to any inevitable reasons, the Minister of Gender Equality and Family shall act on behalf of the chairperson.
Enforcement Ordinance
- Article 7 (Meetings of Policy Commission)
(1) The chairperson shall convene and preside over meetings of the Policy Commission.
(2) When the chairperson intends to convene a meeting of the Policy Commission, he/she shall notify the committee members of the Policy Commission and the persons to participate in the meeting under Article 5 (4), of the date, time, venue, and agenda of the meeting in writing, by no later than five days prior to the date: Provided, That this shall not apply where a meeting must be convened urgently and where other inevitable reasons exist.
(3) A majority of the total members of the Policy Commission shall constitute a quorum of a meeting of the Policy Commission, and any resolution thereof shall require the concurring votes of at least a majority of those present.
Enforcement Ordinance
- Article 8 (Formation and Operation, etc. of Working Committee
(1) A working committee established within the Policy Commission pursuant to Article 3-4 (4) of the Act (hereinafter referred to as “Working Committee”) shall review each of the following:
1. Matters concerning the agenda to be deliberated upon by the Policy Commission;
2. Matters the review of which is instructed by the Policy Commission;
3. Other matters necessary for operation of the Working Committee.
(2) The chairperson of the Working Committee shall be the Vice Minister of Gender Equality and Family, and the members of the Working Committee shall be appointed by the head of the relevant central administrative agency, from among the public officials in general service, belonging to the senior civil service corps of the central administrative agency to which the members of the Policy Commission under Article 5 (1) belong, or from among the public officials of Grades I through III not belonging to the senior civil service corps.
(3) If deemed necessary, the chairperson of the Working Committee may require the public officials of the relevant central administrative agencies and local governments related to the agenda of the Working Committee to participate in the meetings of the Working Committee.
(4) Where it is deemed necessary to professionally review any matter related to multicultural families, the chairperson of the Working Committee may establish and operate a working-level consultative body concerning the policy for multicultural families (hereinafter referred to as “working-level consultative body”) that consists of public officials at the level of chief of division of a central administrative agency to which the members of the Policy Commission under Article 5 (1) belong or at the level of chief of division of the relevant administrative agency.
(5) Where necessary to perform official duties, the Working Committee may consult relevant public officials or experts, or request relevant institutions, organizations, etc. to submit data, opinions, etc. and provide other necessary cooperation.
(6) Article 7 shall apply mutatis mutandis to the operation of the Working Committee. In such cases, the term “Policy Commission” shall be construed as “Working Committee”.
Enforcement Ordinance
- Article 9 (Allowances, etc.)
Allowance and travel expenses may be paid, within the budgetary limits, to members of the Policy Commission and Working Committee, employees or experts of relevant institutions, organizations, etc. who participate in a meeting of the Policy Commission or the Working Committee: Provided, That this shall not apply where a public official participates in the said meeting in direct connection with duties under his/her jurisdiction.
Enforcement Ordinance
- Article 10 (Detailed Rules)
Except as otherwise expressly provided for in this Decree, the matters necessary for establishment and operation of the Policy Commission shall be determined by the chairperson through resolution by the Policy Commission, and the matters necessary for establishment and operation of the Working Committee and working-level consultative bodies, shall be determined by the chairperson through resolution by the Working Committee.
- Article 4 (Surveys)
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(1) The Minister of Gender Equality and Family shall conduct a fact-finding survey on multicultural families every three years and announce the results thereof to ascertain the current status and actual conditions of multicultural families and to utilize the results thereof in establishing a policy for supporting multicultural families.
(2) The Minister of Gender Equality and Family may request the cooperation of any related public agency, legal entity or organization, such as submission of data he/she may need, in order to conduct a fact-finding survey under paragraph (1). In such cases, the related public agency, legal entity or organization requested to cooperate by e.g. submitting data shall cooperate as requested, except in extenuating circumstances.
(3) The Minister of Gender Equality and Family shall, in conducting a fact-finding survey under paragraph (1), consult with the Minister of Justice about matters relating to policies on foreigners, and with the Minister of Education about matters relating to the current status of education of children and juveniles from multicultural families and the perception of children and juveniles about multicultural families, etc.
(4) Matters necessary for the target and the method of a fact-finding survey under paragraph (1) and other relevant matters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
- Article 5 (Enhancement of Understanding of Multicultural Families)
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(1) The State and local governments shall provide education designed to develop a better understanding of different cultures and shall take other measures such as launching a marketing campaign to prevent social discrimination and prejudice against multicultural families and to encourage members of society to acknowledge and respect the cultural diversity.
(2) In taking measures referred to in paragraph (1), the Minister of Gender Equality and Family shall produce promotional videos and distribute them to broadcasting business entities specified in subparagraph 3 of Article 2 of the Broadcasting Act.
(3) The Minister of Gender Equality and Family may request broadcasting business entities referred to in subparagraph 3 of Article 2 of the Broadcasting Act (hereafter in this Article referred to as "broadcasting business entities") to transmit promotional videos specified in paragraph (2) over each channel within the programming ratio of non-commercial public interest advertisements prescribed by Presidential Decree under Article 73 (4) of the same Act.
(4) Broadcasting business entities may independently produce and send their own promotional videos other than the promotional videos prescribed in paragraph (2). In such cases, they may request necessary cooperation and support from the Minister of Gender Equality and Family.
(5) The Minister of Education, and the Superintendent of each Office of Education, whether in the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province shall devise and implement policy measures to provide education to enhance understanding of multicultural families in schools under Article 2 of the Early Childhood Education Act, Article 2 of the Elementary and Secondary Education Act, or Article 2 of the Higher Education Act. In such cases, the policy measures shall reflect the educational status of children and juveniles from multicultural families and the perception of children and juveniles about multicultural families, among the results of fact-finding surveys prescribed in Article 4.
(6) The Minister of Education, and the Superintendent of each Office of Education, whether in the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province, shall conduct a training on understanding of multiculture as prescribed by the Presidential Decree, for teachers defined in Article 2 of the Early Childhood Education Act and Article 2 of the Elementary and Secondary Education Act.
Enforcement Ordinance
- Article 10-2 (Training Related to Education on Understanding Multiculture)
(1) When the Minister of Education formulates and implements a plan to provide training to educational officials under Article 38 (2) of the Educational Officials Act, he/she shall include in such plan content related to education on understanding multiculture referred to in Article 5 (6) of the Act.
(2) Each superintendent of education of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, a Do, or the Special Self-Governing Province shall, in regard to conducting training under Article 5 (6) of the Act, formulate and implement an annual plan to provide teachers with training related to education on understanding multiculture, and such plan shall include the following:
1. The objectives and details of training;
2. Institutions establishing and operating training programs;
3. Types of training;
4. Persons to be trained and the number of such persons by training course;
5. Standards for the completion of training;
6. Other matters necessary to operate training programs and to pay the expenses incurred in training.
[This Article Newly Inserted on Jun. 5, 2018]
- Article 6 (Provision of Everyday Life Information and Educational Support)
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(1) The State and local governments may provide immigrants by marriage, etc. with basic information necessary for living in the Republic of Korea (including information related to learning and guidance for children and juveniles), and assistance in receiving education for social adaptation, vocational education and training as well as Korean language education to enhance their communication skills.
(2) The State and local governments may provide basic information necessary for the spouses and family members of immigrants by marriage, etc. to understand the countries and cultures of the immigrants by marriage, etc. and support related education thereto.
(3) In providing education under paragraphs (1) and (2), the State and local governments shall support education in various ways, such as through visiting education and distance education, to ensure all immigrants by marriage, etc. and their spouses and family members have access to educational services regardless of their places of residence and home environment, etc., and devise and implement measures to improve the quality of teaching materials and foster expertise of teachers.
(4) The State and local governments may provide differentiated subsidies to cover expenses for visiting education under paragraph (3) in accordance with standards determined and publicly notified by the Minister of Gender Equality and Family, such as household income levels of immigrants by marriage, etc. and types of education.
(5) Where the State and local governments subsidize expenses under paragraph (4), Articles 22 through 25 of the Child Care Support Act shall apply mutatis mutandis to applications for subsidies, provision of financial information, and examinations and inquires, etc.
(6) Multicultural family members such as spouses of immigrants by marriage, etc. shall endeavor to ensure that immigrants by marriage, etc. receive various education, including Korean language education, necessary to help them adapt to Korean society.
(7) Other necessary matters concerning provision of information and education under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 11 (Provision of Everyday Life Information and Educational Support)
(1) The State or a local government shall issue and distribute a living guide book and other information booklets which contain information on policies related to multicultural families support, successful settlement cases of immigrants, agencies such as child care centers, introduction to Korean culture, etc. pursuant to Article 6 (1) of the Act.
(2) The State or a local government may provide systematic and phased education for immigrants for marriage, etc. taking into account their nationality, learning ability, and other educational conditions, pursuant to Article 6 (1) of the Act.
(3) The State or a local government may provide vocational education and training for immigrants for marriage, etc. to promote their employment and business start-up, taking into account their ability and aptitudes, pursuant to Article 6 (1) of the Act.
(4) The State and local governments shall publish and distribute copies of information including the following, audio-visual materials, educational materials, etc. pursuant to Article 6 (2) of the Act:
1. Matters concerning the history, tradition, culture, language, etc. of the country of the immigrants by marriage, etc.;
2. Matters concerning experiences, residing cases, etc. of marriage-based immigrants, etc. in their home countries;
3. Matters concerning basic knowledge for respect and understanding of diverse cultures;
4. Matters deemed necessary by the Minister of Gender Equality and Family or the head of a local government as matters similar to those specified in subparagraphs 1 through 3.
- Article 7 (Measures for Maintenance of Equality in Familial Relationship)
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The State and local governments shall promote programs for family counseling, marital education, parenting education, family life education, etc. to help multicultural families maintain democracy and gender equality in familial relationship. In such cases, efforts shall be exerted to provide specialized service, taking cultural differences, etc. into consideration.
- Article 8 (Protection of and Support for Victims of Domestic Violence)
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(1) The State and local governments shall endeavor to prevent domestic violence in multicultural families in accordance with the Act on the Prevention of Domestic Violence and Protection, etc. of Victims.
(2) The State and local governments may protect and support immigrants by marriage, etc. victimized by domestic violence.
(3) The State and local governments shall endeavor to establish more counseling centers and protection facilities for victims of domestic violence which provide foreign language interpretation services to protect and support immigrants by marriage, etc. victimized by domestic violence.
(4) When immigrants by marriage, etc. terminate a marital relationship due to domestic violence, the State and local governments may provide them with necessary services, such as interpretation of languages, legal counseling and administrative assistance in making statements and finding facts, so that they will not be placed at a disadvantage due to communication difficulties and lack of information about the legal system and other relevant matters.
- Article 9 (Medical and Health Support)
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(1) The State and local governments may provide immigrants by marriage, etc. with medical services, such as education on nutrition and health, prenatal and postpartum care, and medical examinations, to ensure their healthy life.
(2) The State and local governments may provide immigrants by marriage, etc. with interpretation service when they receive medical services referred to in paragraph (1).
[Title Amended on Apr. 4, 2011]
- Article 10 (Care and Education for Children and Juveniles)
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(1) Neither the State nor local governments shall discriminate against children and juveniles of any multicultural family in providing care and education services for children and juveniles.
(2) The State and local governments shall prepare measures for educational assistance to children and juveniles of multicultural families to help them quickly adapt to school life; and the Superintendent in each Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, and Special Self-Governing Province, may provide children and juveniles of multicultural families with extracurricular or after-school educational programs.
(3) The State and local governments shall endeavor to support preschool care and education services for members of multicultural families under 18 years of age, and to help such members develop language skills, may provide assistance necessary for improving their linguistic proficiency, such as teaching materials and learning support in teaching Korean language and the mother tongue of their father or mother who is an immigrant by family.
(4) Principals of child-care centers under Article 10 of the Infant Care Act, heads of kindergartens under Article 7 of the Early Childhood Education Act, heads of all types of schools under Article 2 of the Elementary and Secondary Education Act, and heads of other organizations prescribed by Presidential Decree shall take necessary measures to prevent children and juveniles of multicultural families from being discriminated against in providing care and education services for children and juveniles.
[Title Amended on Dec. 1, 2015]
- Article 11 (Provision of Multilingual Services)
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The State and local governments shall, in promoting support policies prescribed in Articles 5 through 10, endeavor to provide multilingual services in order to remove communication barriers facing immigrants by marriage, etc. and to improve accessibility to such services.
- Article 11-2 (Establishment, Operation, etc. of General Information Call Center for Multicultural Families)
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(1) The Minister of Gender Equality and Family may establish and operate General Information Call Centers for Multicultural Families (hereinafter referred to as a “call center”), in order to provide multilingual telephone counseling and interpretation services, etc. to immigrants by marriage, etc. In such cases, the call centers and emergency call centers that provide foreign language services under the latter part of Article 4-6 (1) of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims may be operated on an integrated basis.
(2) The Minister of Gender Equality and Family may entrust the establishment and operation of a call center to an institution or organization prescribed by Presidential Decree.
(3) Where the Minister of Gender Equality and Family entrusts the establishment and operation of a call center, he/she may subsidize all or part of the expenses incurred in the performance of the entrusted work within budgetary limits.
(4) Matters necessary for the establishment and operation of a call center shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted on Aug. 13, 2013]
Enforcement Ordinance
- Article 11-2 (Entrustment of Establishment and Operation of the Information Call Center for Multicultural Families)
The “institution or organization prescribed by Presidential Decree” in Article 11-2 (2) of the Act means each of the following institutions or organizations:
1. Social welfare foundations established under the Social Welfare Services Act;
2. Institutions or organizations operating an emergency call center which provides foreign language services pursuant to the later part, other than subparagraphs, of Article 4-6 (1) of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims;
3. Other corporations or organizations designated and publicly notified by the Minister of Gender Equality and Family, from among the non-profit corporations or organizations equipped with multi-language counseling and interpretation facilities and professional personnel for multicultural families support.
[This Article Wholly Amended on Jun. 30, 2014]
- Article 12 (Establishment, Operation, etc. of Support Centers for Multicultural Families)
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(1) The State and each local government may establish and operate Multicultural Family Support Centers (hereinafter referred to as a "support center").
(2) The State or a local government may entrust the establishment and operation of a support center to a corporation or an organization prescribed by Presidential Decree.
(3) If a person other than the State or a local government intends to establish and operate a support center, he/she shall, in advance, obtain designation by a competent Mayor/Do Governor or the head of a competent Si/Gun/Gu.
(4) The NILE shall perform the following duties:
1. Providing support programs, such as education and counseling for multicultural families;
2. Providing Korean language education for immigrants by marriage, etc.;
3. Providing information on support services for multicultural families, and promoting such services;
4. Providing linked services with institutions and organizations related to support services for multicultural families;
5. Providing recruit information and job placement services;
6. Providing interpretation and translation services for multicultural families;
7. Support for preventing domestic violence within multi-cultural families and forming connection with victims;
8. Other projects necessary to support multicultural families.
(5) Each support center shall have professional human resources who have much knowledge and experience in relevant areas necessary to perform duties such as education and counseling services for multicultural families.
(6) The State and local governments may subsidize all or some of the expenses incurred in the performance of affairs set forth in the subparagraphs of paragraph (4) at the support centers designated under paragraph (3) and for the operation thereof within budgetary limits.
(7) Necessary matters concerning the criteria for the establishment and operation of support centers, the period of entrustment and designation and procedures, etc. therefor under paragraphs (1), (2) and (3) shall be prescribed by Presidential Decree, and necessary matters concerning qualifications, etc. of professional human resources under paragraph (5) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Wholly Amended on Feb. 1, 2012]
Enforcement Ordinance
- Article 12 (Standards for Establishment and Operation of Multicultural Families Support Center)
(1) The standards for establishment and operation of the multicultural families support center pursuant to Article 12 (1) of the Act (hereinafter referred to as "Support Center") shall be as referred to in the Attached Table 1.
(2) Other detailed matters for establishment and operation of the Support Center shall be determined by the Minister of Gender Equality and Family.
[This Article Wholly Amended on Jul. 31, 2012]
Enforcement Ordinance
- Article 12-2 (Entities and Procedure, etc. for Entrusting Support Center)
(1) Pursuant to Article 12 (2) of the Act, the State or a local government may entrust establishment and operation of the Support Center to any of the following corporations or organizations:
1. A social welfare corporation referred to in subparagraph 3 of Article 2 of the Social Welfare Services Act;
2. Non-profit corporations for multicultural families support established pursuant to Article 32 of the Civil Act;
3. The public-service corporations governed by the Act on the Establishment and Operation of Public-Service Corporations pursuant to Article 2 of the aforementioned Act;
4. Non-profit organizations for multicultural families support prescribed in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act;
5. A school under Article 2 of the Higher Education Act;
6. Other corporations and organizations deemed by the Minister of Gender Equality and Family to be equipped with the facilities and professional personnel for multicultural families support.
(2) Where the State or a local government intends to entrust establishment and operation of the Support Center pursuant to Article 12 (2) of the Act, it shall publicly notify details and procedures of the entrustment, and upon receipt of applications of persons who intend to be entrusted with the establishment and operation of the Support Center, shall select a trustee after comprehensively considering factors such as the applicant’s business performance and financial capability, records of its activities, credibility, etc. and shall conclude a consignment agreement which includes the matters prescribed by Ordinance of the Ministry of Gender Equality and Family.
(3) The period for entrustment of establishment and operation of the Support Center shall be up to five years.
[This Article Newly Inserted on Jul. 31, 2012]
Enforcement Ordinance
- Article 12-3 (Applications, etc. for Designation of Support Center)
(1) A person who seeks designation of the Support Center pursuant to Article 12 (3) of the Act shall meet the prerequisites in the standards for establishment and operation of the Support Center set forth in the Attached Table 1, and attach the documents under each of the following subparagraphs, to a written application for designation prescribed by Ordinance of the Ministry of Gender Equality and Family, and submit it to the Mayors/Do Governors or the heads of Si/Gun/Gu (referring to the head of autonomous Gu; hereinafter the same shall apply):
1. A business plan;
2. A document proving the fulfillment of requirements according to the standards for establishment and operation set forth in the Attached Table 1.
(2) The Mayors/Do Governors or the heads of Si/Gun/Gu in receipt of an application for designation pursuant to paragraph (1), they shall make decision on the designation, taking each of the following matters into account:
1. Experience in performing duties related to multicultural families support;
2. Accessibility, such as traffic conditions, geographical location;
3. Securing professional personnel under Article 12 (5) of the Act;
4. Appropriateness of facilities;
5. Completeness and practicability of the business plan.
(3) Where the Mayors/Do Governors or the heads of Si/Gun/Gu designate a Support Center pursuant to paragraph (2), they shall issue a letter of designation prescribed by Ordinance of the Ministry of Gender Equality and Family.
(4) The period of validity of designation of a support center shall be three years.
[This Article Newly Inserted on Jul. 31, 2012]
- Article 12-2 (Provision of Refresher Training)
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(1) The Minister of Gender Equality and Family or each Mayor/Do Governor shall provide refresher training to professional human resources to assigned to support centers to improve their quality and capability.
(2) The content, duration, methods, etc. of the refresher training program under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted on Feb. 1, 2012]
Enforcement Ordinance
- Article 13 (Entrustment of Supplementary Education)
Pursuant to Article 15 (2) of the Act, the Minister of Gender Equality and Family may entrust supplementary education prescribed in Article 12-2 (1) of the Act to any of the following corporations or organizations:
1. A school under Article 2 of the Higher Education Act;
2. Non-profit corporations related to multi-cultural families support established pursuant to Article 32 of the Civil Act or special laws.
[This Article Wholly Amended on Jul. 31, 2012]
- Article 12-3 (Prohibition of Use of a Similar Name)
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No organization other than the support centers under this Act shall use the name “Multicultural Family Support Center” or any other name similar thereto.
[This Article Newly Inserted on Aug. 13, 2013]
- Article 13 (Education of Public Officials Engaged in Providing Support for Multicultural Families)
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The State and local governments may provide educational programs for public officials who engage in any affairs related to supporting multicultural families with the aim of enhancing their understanding of multicultural families and improving their expertise.
- Article 13-2 (Training of Professional Human Resources for Support Programs for Multicultural Families)
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(1) The State or local governments shall endeavor to train professional human resources necessary for supporting multicultural families and promoting programs, such as the education for understanding diverse cultures.
(2) In order to train professional human resources prescribed in paragraph (1), the Minister of Gender Equality and Family may designate and manage an institution or organization, such as a university, college or research center that has appropriate human resources, facilities, etc., as a training agency for professional human resources, as prescribed by Presidential Decree.
(3) The State or local governments may subsidize all or some of the expenses incurred by a training agency for professional human resources designated under paragraph (2), within budget limits.
(4) Standards, procedures, etc. for designation of professional training institutions under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Feb. 1, 2012]
Enforcement Ordinance
- Article 12-4 (Designation, etc. of Professional Personnel Training Agency)
(1) Each person who seeks designation of the professional personnel training agency pursuant to Article 13-2 (2) of the Act shall attach each of the following documents to a written application for designation prescribed by Ordinance of the Ministry of Gender Equality and Family, and then submit it to the Minister of Gender Equality and Family:
1. A business plan;
2. A document explaining the curriculum and content of the training;
3. Current status of training personnel;
4. Current status of educational environment such as training facilities and equipment.
(2) Upon receipt of an application for designation under paragraph (1), the Minister of Gender Equality and Family shall make a determination on the designation, taking each of the following matters into account:
1. Organization of training curriculum and programs;
2. Expertise of training-related personnel and their capability to perform educational function;
3. Educational appropriateness of facilities and equipments, etc.;
4. Demand for education, such as the number of professionals, and geographical distribution of agencies training experts.
(3) Where the Minister of Gender Equality and Family designates a professional personnel training agency pursuant to paragraph (2), he/she shall issue a letter of designation as prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted on Jul. 31, 2012]
- Article 14 (Treatment of Spouses in De Facto Marriage and their Children)
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Articles 5 through 12 shall apply mutatis mutandis to multicultural family members who raise children born in de facto marital relationships with a citizen of the Republic of Korea.
- Article 14-2 (Special Cases concerning Application to Children from Multicultural Families)
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Even if a multicultural family breaks up due to divorce or other causes, this Act shall still apply to the children who were once members of the family.
[This Article Newly Inserted on Aug. 13, 2013]
- Article 15 (Delegation and Entrustment of Authority)
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(1) The Minister of Gender Equality and Family may delegate part of his/her authority granted under this Act to the Mayors/Do Governors or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree.
(2) The State or a local government may entrust a non-profit corporation or organization with some of the duties stipulated under this Act, as prescribed by Presidential Decree.
- Article 15-2 (Request for Information)
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(1) If necessary for the enforcement of this Act, the Minister of Gender Equality and Family or the head of a local government may request the Minister of Justice to provide information necessary to identify the current status of immigrants by marriage, etc. prescribed by Presidential Decree, from among the following information. In such cases, the information that may be requested by the head of a local government shall be limited to the information on the immigrants by marriage, etc. within a competent jurisdiction:
1. Information on alien registration of immigrants by marriage, etc. prescribed in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea;
2. Information on applications for naturalization filed by persons who have obtained permission for naturalization under Article 6 (2) of the Nationality Act.
(2) Upon receipt of a request for provision of information pursuant to paragraph (1), the Minister of Justice shall comply with such request except in extenuating circumstances.
(3) The Minister of Gender Equality and Family or the head of a local government who has been furnished with information under paragraph (1) may provide such information to relevant support centers prescribed in Article 12 (1) or (3).
[This Article Newly Inserted on Feb. 1, 2012]
Enforcement Ordinance
- Article 14 (Scope of Provision of Information)
(1) “Information prescribed by Presidential Decree” in the main sentence of Article 15-2 (1) of the Act refers to the following information: Provided, That the information in subparagraph 6 shall be limited to where the relevant person consents to provision of such information:
1. Name;
2. Gender;
3. Date of birth;
4. Nationality;
5. Domestic residence (limited to Si, Gun, or autonomous Gu);
6. Address and contact information (referring to telephone number, electronic mail address, etc.).
(2) The Minister of Justice may request the Minister of Gender Equality and Family or the head of a local government in receipt of information pursuant to paragraph (1) (including a Support Center referred to in Article 12 (1) and (3) of the Act in receipt of the information from the said Minister or the head) to provide data necessary to manage such information, such as details of information use, provision and management status of the information, etc.
[This Article Newly Inserted on Jul. 31, 2012]
Enforcement Ordinance
- Article 15 (Handling of Personally Identifiable Information)
The heads of the State and local governments (including any person entrusted with the duties thereof pursuant to Article 15 (2) of the Act) or the multicultural families support center established pursuant to Article 12 of the Act may, if inevitable to perform any of the following affairs, process the data containing a resident registration number or foreigner registration number pursuant to subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:
1. Affairs concerning providing information and educational support under Article 6 (1) of the Act;
2. Affairs concerning family counseling and marital education, etc. under Article 7 of the Act;
3. Affairs concerning nutrition and health education and medical service support, etc. under Article 9 (1) of the Act;
4. Affairs concerning child care and education support for preschoolers under Article 10 (3) of the Act;
5. Affairs concerning multilingual services under Article 11 of the Act.
[This Article Newly Inserted on Jan. 16, 2013]
- Article 16 (Assistance to Private Organizations, etc.)
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(1) The State and local governments may subsidize all or some of the expenses incurred by any organization or individual that carries out support programs for multicultural families or may provide administrative assistance necessary for carrying out such programs.
(2) The State and local governments may assist immigrants by marriage, etc. in forming and operating an organization for mutual aid.
- Article 17 (Administrative Fines)
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(1) Any person who violates Article 12-3 shall be subject to an administrative fine not exceeding three million won.
(2) An administrative fine under paragraph (1) shall be imposed and collected by the Minister of Gender Equality and Family or the head of a local government in accordance with Presidential Decree.
[This Article Newly Inserted on Aug. 13, 2013]
Enforcement Ordinance
- Article 16 (Standards for Imposition of Administrative Fines)
Standards for imposing administrative fines pursuant to Article 17 (2) of the Act shall be as specified in attached Table 2.
[This Article Newly Inserted on Dec. 30, 2013]
