1. Reason for the revision

As the Child Care Act (Law No. 19958, promulgated on January 09, 2024, implemented on July 10, 2024; Law No. 20103, promulgated on January 23, 2024, implemented on July 24, 2024; Law No. 20219, promulgated on February 6, 2024, implemented on August 7, 2024; Law No. 20289, promulgated on February 13, 2024, implemented on August 14, 2024) has been revised, its Enforcement Decree is being revised to provide matters has been delegated by the Act, as well as other matters necessary for the Act's enforcement.

In addition, it aims to enhance the effectiveness of the system of publishing the list of workplaces that fail to found a nursing center for their employees by adding the name of the employers and the cumulative number of employer failures published in the list to the list of workplaces that have failed to fulfill the obligation to found a workplace nursing center.

2. Main contents

a. It newly adds to the functions of the Central Childcare Policy Committee deliberations on the list of workplaces that have failed to fulfill their obligation to found workplace nursing centers and deliberations on the protection of childcare activities by nursing staff (Articles 7 (1) 1-2 and 1-3 of the draft), as well as a provision that allows the Committee to form expert sub-committees (Article 11 of the draft). 

1) In accordance with the Act on the partial revisions to Seven Acts, including the National Health Insurance Act, to Reorganize Committees Affiliated with Administrative Agencies, the Child Care Act has been revised to allow the Central Childcare Policy Committee to deliberate on workplaces whose names are to be published in the list of those that have failed to found workplace nursing centers.

2) It introduces a new provision on the operation of the newly established Childcare Activity Protection Committee as an expert or specialized subcommittee of the Central Childcare Policy Committee.

b. The duties stipulated in the Enforcement Decree will be deleted as some of the duties of the Comprehensive Childcare Support Center have been stipulated in the Child Care Act (Article 13 of the draft). The related provisions will be revised as the duties of childcare specialists have been upgraded in the Child Care Act (Article 15 of the draft). 

1) Redundant provisions stipulated in the Enforcement Decree will be deleted as some of the functions of comprehensive childcare support centers have been defined in the Act. 

2) The redundant provisions concerning the functions of comprehensive childcare support centers stipulated in the revised Act will be deleted from its Enforcement Decree, such as part-time childcare, counseling for childcare staff, and consultancy for childcare center.

c. Provisions concerning the qualification requirements for Infant and Toddler Development Support Specialists that can be assigned to Childcare Support Centers (Newly established in Article 16 (2) of the draft). 

1) The provisions concerning the qualification requirements for infant and toddler development support specialists who will be newly assigned to the comprehensive childcare support centers will be newly inserted as the Child Care Act has been revised. 

2) It defines the qualifications of infant and toddler development support specialists to include Class 2 or higher clinical psychologists, Class 2 or higher special school teachers, nursing teachers for infants and toddlers with disabilities, mental health specialists, and social workers for medical services. 

3) It stipulates that expertise should be secured for services performed by the Comprehensive Childcare Support Centers for preventing or treating the delayed development of infants and toddlers.

d. The business owner's name and the cumulative number of published failures will be added to the list of workplaces that have not fulfilled the obligation to install a workplace nursing center (Article 20-4 of the draft).

1) Some legal measures are needed to enhance the effectiveness of the publication of the lists of workplaces that have not fulfilled the obligation to install workplace nursing centers, as it is necessary to improve the system because some businesses have failed to install nursing centers, although the lists of such businesses have been published repeatedly.

2) The business owner's name and the cumulative number of published failures have been added to the list of workplaces that have not fulfilled the obligation to install workplace nursing centers.

3) It provides sanctions for punishing businesses or workplaces that fail to fulfill the obligation to install workplace nursing centers.

e. The Committee for Deliberation on the Publication of the List of Workplace Children's Centers will be operated as a specialized committee of the Central Childcare Policy Committee as the function for deliberating the publication of the list of workplace nursing centers will be integrated with those of the Central Childcare Policy Committee (Article 20-6 of the draft). It has also been revised to have the Committee for Deliberation of the List of Workplace Nursing Centers, an expert subcommittee of the Central Childcare Policy Committee, conduct the procedure for vindication by workplaces that fail to comply with the obligation to install workplace children's centers (Article 20-7 of the draft). 

1) It stipulates that the Committee for Deliberation of the List of Workplace Nursing Centers should be abolished, but it will be operated as an expert subcommittee of the Central Childcare Policy Committee. It also provides the details of its operation. 

f. It stipulates that the Ministry of Education and municipal governments are responsible for the development and enforcement of measures to protect childcare activities by childcare staff members (Newly established in Article 20-9 of the draft); it also provides the statutory grounds for the organization and operation of childcare activity protection committees and municipal childcare service protection committees to deliberate on matters related to the protection of childcare activities by childcare staff members (Newly established in Articles 20-10 and 20-11 of the draft) and the statutory grounds for childcare center directors or teachers to provide legitimate life guidance to infants and toddlers (Newly established in Article 20-12 of the draft). 

1) It stipulates matters delegated by the Act to the Enforcement Decree as the Child Care Act has been revised to protect childcare activities of nursing center staff members on a par with the teachers of kindergarten, elementary, junior and senior high schools.

2) It specifically stipulates the dispute mediation deliberation functions and procedures of the Childcare Policy Committee for the protection of childcare activities, and the scope and methods of life guidance activities conducted by the childcare staff in addition to childcare activities carried out inside the childcare centers. 

3) It provides statutory grounds for legitimate life guidance by the childcare staff and is expected to improve the statutory procedures for protecting their life guidance activities.

g. Provision of grounds for supporting childcare service fees (Article 24 (1) 2 of the draft).

1) It is necessary to revise the Enforcement Decree, the subordinate law, as the Child Care Act has expanded the eligibility for the service cost subsidy from 'childcare teachers' to 'childcare staff members'.

2) The 'service fee of nursery teachers' is revised to read as the 'service of nursing staff members' among the items of expenses to be subsidized under the current Enforcement Decree. 

3) It provides a statutory basis for the central and local governments to subsidize the payroll expenses of not only nursing teachers but also nurses, nutritionists, etc.