Restricted Employment for Persons with History of Child Abuse
Subjects for Restrictions on Employment
- Persons who have been sentenced to and confirmed with imprisonment, medical treatment, and custody (hereinafter referred to as “Persons with History of Child Abuse”) shall be restricted to work at institutions involving children (Article 29-3(1) of the Child Welfare Act).
Period for Restriction on Employment
- Until ten years after the entire sentence or medical treatment and custody has been partially or entirely terminated (or considered to be terminated), or if the sentence has been confirmed not to be executed, persons with history of child abuse shall not operate an institution involving children, or be hired or work at an institution involving children (Article 29-3(1) of the Child Welfare Act).
Institutions Prohibited for Employment
- Persons with history of child abuse shall neither operate any of the following facilities or institutions nor be hired or work at institutions involving children (Article 29-3(1) of the Child Welfare Act).
· The NCRC, executing organization providing integrative services for children in vulnerable groups, specialized child protection institutions, childcare centers, foster care centers, and child welfare facilities
· Local governments (limited to being a public official specializing in child abuse, specialized civil personnel, or public official specializing in child abuse)
· Emergency phone centers, counseling centers for domestic violence, and protective centers for victims of domestic violence
· Family support center
· Support center for multi-cultural families
· Supporting facilities and counseling centers for victims of prostitution
· Counseling center for victims of sexual violence, protection institution for victims of sexual violence, and integrative support center for victims of sexual violence
· Daycare centers
· Kindergartens
· Medical institutions (only as a healthcare provider)
· Welfare facilities for persons with disabilities
· Welfare facilities for mental health, Facilities for improving mental health, Facilities for mental health, and Rehabilitation facilities for mental health
· Superintendent’s office for apartment buildings (limited to persons engaged in the guard duty
· Youth facilities and groups
· Youth activity facilities
· Counseling and welfare facilities for teenagers, Support center for young immigrants, Youth shelter, Self-support center for teenagers, and Rehabilitation center for teenagers
· Protection and rehabilitation centers for teenagers
· Sports facility open for children and designated by the Minister of Culture, Sports and Tourism
· Educational institution for school work or underachieving children
· Academies and training schools open for children and designated by the Minister of Education
· Welfare Institutions for Single Parent Families
· Corporations operating specialized child protection institutions or shelters for abused and victimized children
· Juvenile detention centers or juvenile classification review centers
· Institutions providing childcare services
· Adoption institutions specified under Article 20 of the Act on Special Cases concerning Adoption
· An institution recruiting or employing a person providing postnatal care services under Articles 15 to 18 of the Mother and Child Health Act (limited to a person providing direct postnatal care services)
Inspections for Restricted Employment for Persons with History of Child Abuse
The Operator’s Obligation to Check the Person’s History of Child Abuse
- The head of a local government, education superintendent, or local education officer having jurisdiction over the institution, permission for institution, or report for institutions involving children must request the head of the relevant institution to check the history of child abuse of the person intending to operate an institution involving children after obtaining the person’s approval (The main sentence of Article 29-3(4) of the Child Welfare Act).
- The mayor, governor, head of Si/Gun/Gu, or the education superintendent, or local education center shall inspect and check annually whether the person with a history of child abuse has been employed or works at an institution involving children after violating the regulated restriction (Article 29-4(1) and Article 68 of the Child Welfare Act, and Article 56-2, paragraphs 2, 3, and 4 of the Enforcement Decree of the Child Welfare Act).
Obligations of the Head of the Institution Involving Children
- The head of an institution involving children shall check whether the employee, worker, or job-seeker has a history of child abuse. In this case, the institution head shall obtain the person’s approval and request the head of the relevant institution to check whether the person has a history of child abuse (Article 29-3(5) of the Child Welfare Act).
Dismissal of Persons with History of Child Abuse
Request for Dismissal of Persons Employed at Prohibited Institutions
- The central administrative agency head is obliged to check and inspect whether a person with a history of child abuse has been employed. Therefore, the agency head shall request the head of institutions involving children to dismiss any persons hired or working at such institutions after violating the regulation of restricted employment (Article 29-5, paragraph 1 of the Child Welfare Act).
- The head of each institution undergoing inspections shall request the heads of institutions involving children to close if they have violated the regulation of restricted employment (Article 29-5, paragraph 2 of the Child Welfare Act).
- Suppose a head of an institution involving children refuses to close without a justifiable reason or fails to execute requirements within a month after being requested. In this case, the head of each institution undergoing inspections may request the head of an administrative agency concerned to close or cancel the registration or permission of the corresponding institution (Article 29-5, paragraph 3 of the Child Welfare Act).