Chapter 4 Protective Measures:
Article 43
Children and youth shall not do the following:
1. Smoke, drink, or chew betel nuts.
2. Use drugs, illegal or controlled medicines or other substances that might damage their physical and mental health.
3. Watch, read, listen to, or use publications, photos, video program tapes, films, CDs, electronic signals, game software, Internet contents or other articles relating to violence, blood, sex, obscenity, or gambling.
4. Participate in driving competitions, skill competitions, crosstalk, or other dangerous driving methods,etc.
5. Continue using electronic products for an unreasonable amount of time, causing harm to their physical and mental health.
Parents, guardians, or other people looking after children and youth shall prohibit children and youth from behaving in the ways listed in every previously mentioned subparagraph.
No one shall sell, deliver, or supply children and youth the materials and articles listed in Subparagraphs 1 to 3 of Paragraph 1.
No one shall spread or broadcast the materials and articles listed in Subparagraph 3 of Paragraph 1 to children and youth.
Article 44
The rating management obligator shall rate publications, video program tapes, and gaming software other than newspapers. The agency shall confirm other articles that influence children and youth’s mental health, that are subject to the same rating.
No one shall violate the display rules enacted in Paragraph 3, and allow children and youth to watch or obtain restricted articles.
The central competent agency shall enact the classification, content, marking, method of display, management, rating management obligators and other methods of articles listed in Paragraph 1.
Article 45
Newspapers shall not publish the following contents that will harm the physical and mental health of children and youth; this excludes public documents as properly quoted from judicial agencies or administrative agencies:
1. Letters or photos describing (drawing) detailed sexual intercourse, obscenities, suicides, drug uses, etc.
2. Letters or photos describing (drawing) detailed blood and sex.
To confirm the contents referred to in the preceding paragraph, the newspaper associations shall enact the self-disciplinary regulations and examination mechanisms to prevent newspapers from harming the physical and mental health of children and youth and report to the central authorized agency for reference accordingly.
The newspaper associations shall punish anyone that violates any issues specified in Paragraph 1 according to the self-disciplinary regulations and examination mechanisms within three months. A one-month extension may be approved if necessary.
In case of one of the following issues, authorized agencies shall invite the representatives of newspaper associations, representatives of welfare institutes for children and youth, and experts and scholars for joint examination and confirmation according to the self-disciplinary regulations mentioned in Paragraph 2:
1. Newspaper businesses not the members of the newspaper associations are reported to have violated the issues specified in Paragraph 1.
2. Newspaper associations that fail in the disposition cases referred to in the preceding paragraph within the deadline.
3. Parties posted on newspaper, newspaper businesses under disposition or welfare institutes for children and youth lodge complaints about the results of the newspaper associations' disposition of the cases referred to in the preceding paragraph.
Article 46
To prevent children and youth from seeing the Internet contents that will harm their physical and mental health, authorized agencies in charge of communication and audio-visual media shall call upon competent authorities to entrust private groups to establish the content protection institutions and perform the following tasks:
1. Observation of the use of the Internet by children and youth.
2. Establishment and implementation of complaint mechanisms.
3. Promotion and review of the contents rating system.
4. Establishment and promotion of screening software.
5. Propaganda of on-line safety for children and youth.
6. Acceleration of a self-discipline mechanism established by the Internet platform providers.
7. Establishment and promotion of other protective mechanisms.
The Internet platform providers shall enact the self-disciplinary regulations to adopt the clear and workable protective measures based on the protective mechanisms referred to in the preceding paragraph; those not enacting the self-disciplinary regulations shall take the necessary measures based on the self-disciplinary regulations enacted by the relevant associations.
The Internet platform providers shall take measures to limit the receiving and browsing of the harmful Internet contents or remove the harmful Internet contents in advance after being informed by competent authorities that the Internet contents are harmful to the physical and mental health of children and youth, or that no clear and workable protective measures are taken in accordance with the regulations of the preceding paragraph.
The Internet platform providers referred to in the preceding three paragraphs shall mean those providing any Internet platform services after the connection to the Internet, including on-line storage space or information, value-added services and web page connection services provided on the websites established through the Internet.
Article 46-1
No one shall spread or transmit content which is harmful to the physical and mental health of children and youth on the internet, or allow children and youth to obtain or watch such content without taking clear and workable protective measures or conforming to the protective measures of internet platform providers.
Article 47
Children and youth shall not access particular kind wineshops, special coffee/tea stores, adult product retailers, X-rated electronic game arcades and other places that involve gambling, sex and violence are confirmed by authorized agencies to be harmful to the physical and mental health of children and youth.
Parents, guardians, or other people looking after children and youth shall prohibit children and youth from accessing the places referred to in the preceding paragraph.
The person in charge and workers of the places referred to in Paragraph 1 shall prohibit the access of children and youth.
Places referred to in Paragraph 1 shall be located at a distance of more than 200 meters from kindergartens, elementary schools, junior high schools, senior high schools, and vocational high schools, and shall be opened after being registered by the authorized agencies in charge of business registration with a certificate at the premises.
Article 48
Parents, guardians, or other people looking after children and youth shall prohibit children and youth from working as waiters/waitresses in the places referred to in Paragraph 1 of the preceding article or undertaking dangerous or abnormal work or other work that will harm their physical and mental health.
Anyone shall not use, employ, or force/seduce children and youth to undertake the work referred to in the preceding paragraph.
Article 49
No one shall do the following to children and youth:
1. Abandon.
2. Physical and mental abuse.
3. Utilize children and youth to undertake dangerous activities or deceptive behaviour that is injurious to their health.
4. Take advantage of children and youth who are disabled or in special corporality to show in public.
5. Utilize children and youth to beg.
6. Deprive or hinder children and youth from using the opportunity for national education.
7. Force children and youth to marry.
8. Abduct, kidnap, sell, or pledge children and youth.
9. Force, seduce, remain, or act as brokers for children and youth to undertake obscene behavior or sexual intercourse.
10. Provide children and youth with knives, guns, bullets or other dangerous articles.
11. Utilize children and youth to take or record publications, photos, video program tapes, films, CDs, disks, electronic signals, gaming software, internet contents or other articles relating to violence, blood, sex, obscenities, sexual intercourse that will harm their physical and mental health.
12. Force or seduce children and youth to situate themselves at places which cause immediate danger or harm to the lives and bodies of children and youth.
13. Lead or seduce children and youth to any place that will harm their physical and mental health.
14. Force, seduce, harbor, or act as mediators for children and youth to commit suicide.
15. Behave abnormally or commit crimes against children and youth or utilize children and youth to commit crimes or behave abnormally.
Central competent authority shall create files of punishments imposed by the municipal or county (city) competent authority in accordance with the regulations of Article 97 for any behaviour in the preceding paragraph for government agencies and other institutions, juridical persons, or groups approved by the central authority to access.
Article 50
Pregnant women shall not smoke, drink, chew betel nuts, use drugs, use controlled medicines illegally, or engage in other behaviour that will negatively influence the prenatal development.
Anyone shall not force, lure, or use other ways to make pregnant women engage in behaviour that will negatively influence the prenatal development.
Article 51
Parents, guardians, or other people looking after children and youth shall not leave children aged below six or children and youth that need special care alone or allow them to be looked after by incompetent people.
Article 52
In case of one of the following issues, special municipal or county (city) authorized agencies may arrange for proper institutions to assist, guide or place children and youth subject to the application or consent of their parents, guardians or people looking after the children and youth:
1. Violation of the regulations of Paragraph 1, Article 43 or Paragraph 1, Article 47 or undertaking of the work prohibited under Paragraph 1, Article 48 despite that the parents, guardians or people looking after the children and youth try the utmost to prohibit them from doing so.
2. Engage in any serious deviant behavior despite that the parents, guardians, or people looking after the children and youth try their utmost to correct it.
Those individuals obligated to provide maintenance support shall assume any necessary living expenditure, health care fees, tuition and miscellaneous fees, collection fees, and other relevant expenses arising from the assistance, guidance or placement of children and youth by the institutes referred to in the preceding paragraph; the special municipal or county (city) authorized agencies shall enact the regulations governing the relevant charges.
Article 53
Medical personnel, social workers, educational personnel, day care personnel, preschool educators, police, judicial personnel, immigration personnel, household registration personnel, village offers or other providers of children and youth welfare on duty know one of the following issues relating to children and youth shall report it to the municipal or county (city) competent authority within 24 hours:
1. Use drugs, illegal or controlled medicines or other material that are harmful to physical or mental health.
2. To be waiters/waitresses in the places described in Paragraph 1of Article 47.
3. Behaviour caused by the provisions described in each subparagraph of Paragraph 1 of Article 49.
4. Any issue listed in Article 51.
5. Any issue listed in each subparagraph of Paragraph 1 of Article 56.
6. Any other harmful situations.
Anyone who observes the issues in each subparagraph of the previously mentioned paragraph for children and youth must report them to the municipal or county (city) competent authorities.
After acknowledging or receiving the report in the preceding two paragraphs, the municipal or county (city) competent authority shall immediately proceed with the classification procedure within 24 hours.
The municipal or county (city) competent authorities shall release investigation report after accepting the cases described in each subparagraph of Paragraph 1.
Identification information of the reporter, mentioned in Paragraphs 1 and 2, shall be kept secret.
Before releasing the investigation, reports referred to in Paragraph 4, municipal or county (city) competent authorities may interview the children and youth. If interviews are apparently impossible or the whereabouts of children and youth are unknown upon the police’s handling and investigation, and there is a suspicion of criminal involvement, the judicial police may report the cases to the prosecutors’ offices.
The central authority shall enact the regulations relating to reporting, classification procedure investigations, periods, and other matters in Paragraphs 1 to 4.The central authorized agency shall enact the regulations, periods, and other matters relating to reporting, classifying and handling, and investigations set forth in Paragraphs 1 to 4.
Article 54
Medical personnel, social workers, educational personnel, day care personnel, preschool educators, police, judicial personnel, immigration personnel, household registrationpersonnel, village offers, village(ward) heads, mansion janitors and other children and youth welfare providers who on their duties are aware of children aged under 6 without birth registration vaccination or any economic, educational, marriage, medical problems, or other adverse circumstances occurring in children and youth families causing inappropriate care to children and youth, shall report them to municipal or county (city) competent authorities.
Municipal or county (city) competent authorities shall conduct interviews and assessments after receiving the report, and provide living, medical, schooling, day care, and other necessary assistance in coordination with relevant police, education, household registration, health, finance, financial management, labor administration, immigration, or other agencies.
For the collection, processing, and use of information required to perform business set forth in Paragraph 1 and the preceding Article, the central authority may request the authorities in charge of the relevant industries to provide such information, and the authorities in charge of relevant industries are under obligation to cooperate.
If the interviews referred to in Paragraph 2 are apparently impossible or the whereabouts of children and youth are unknown upon the police’s handling and investigation, and there is a suspicion of criminal involvement, the judicial police may report the cases to the prosecutors’ offices.
Identification information of the reporters referred to in Paragraph 1 shall be kept secret.
The central authority shall enact the regulations relating to reporting, assistance, information collection, processing, use, and access, and other matters referred to in Paragraphs 1 to 3.
Article 54-1
If the child’s parents, guardian or any other person taking care of the child violates the Anti-Drug Control and Prevention Ordinance and is thus wanted, detained, observed, forced to give up the drugs or imprisoned, the judicial police officer, judicial police, prosecutor or the judges shall investigate the child’s living condition and care quality.
In the case that the judicial police officer, judicial police, prosecutor or the court judge investigates the case as mentioned above, and is informed that the child is now facing any of the circumstances stipulated in each subparagraph of Paragraph 1, Article 53 or Article 54, he/she should report it to the government authority at the municipal and county (city) .
Article 55
Children and youth who suffer from sexually transmitted diseases, alcohol addiction or drug abuse shall be provided with assistance in medical treatment by parents, guardians or other people looking after the children and youth or special municipal or county (city) authorized agencies together with authorized agencies in charge of health; if necessary, authorized agencies in charge of police may be asked to provide assistance.
Parents and guardians of children and youth shall pay the expenditure on the medical treatment referred to in the preceding paragraph. However, this provision shall not be applicable to the expenditure covered by the national health insurance or subsidies according to law.
Article 56
Municipal or county (city) competent authorities shall provide children and youth with protection, placement, dispensation, or emergency placement as needed, in one of the following cases:
1. Improper maintenance or care of children and youth.
2. Lack of required immediate medical treatment of children and youth.
3. Children and youth who are abducted, kidnapped, sold, pledged, forced, or seduced to participate in abnormal behaviour or tasks.
4. Children and youth who have suffered from any persecution and therefore require emergency placement for immediate protection.
Municipal or county (city) competent authorities shall consider the best interests of children and youth in any one of the cases referred to in each subparagraph of the preceding paragraph and reinforce necessary protection, placement, emergency placement, or necessary dispensation after multiple assessments.
Municipal or county (city) competent authorities may request prosecutors or local police agencies to assist subject to the protection, placement, emergency placement, or necessary dispensation referred to in the preceding two paragraphs.
In case of children and youth referred to in each subparagraph of Paragraph 1 whose life, body, or freedom is, upon assessment, in immediate danger, municipal or county (city) competent authorities shall transfer them to the local judicial police to be reported to the prosecutors’ offices.
Municipal or county (city) competent authorities may place children and youth described in Paragraph 1 in foster families or turn them over to proper relatives, third parties, children and youth welfare institutes or other placement institutions.
Article 57
When providing emergency placement in accordance with the regulations of the preceding article, special municipal or county (city) authorized agencies shall report to the local district courts and police agencies and notify the parents or guardians of children and youth. If children and youth in question have no parents, or guardians’ or if it is difficult to notify their parents or guardians, special municipal or county (city) authorized agencies may be exempt from notification.
Emergency placement shall not exceed 72 hours. If adequate protection cannot be found within 72 hours, the case may be referred to the court for ruling on the continuous placement. Three months shall be the limit for continuous placement; if necessary, the case may be referred to the court for ruling of the extension with a maximum of three months per extension.
Telecom fax or other technological equipment may be used to deliver an appeal for continuous placement.
Article 58
The 72 hours specified in Paragraph 2 of the preceding article shall commence from the time of the emergency placement of children and youth as stipulated in Paragraph 1 of the preceding article. However, the following periods of time shall be excluded from the 72 hours:
1. Escorting time.
2. Rush hours.
3. Delays caused by force majeure.
Article 59
If special municipal or county (city) authorized agencies, parents or guardians, or children and youth under placement refuse to obey the ruling specified in Paragraph 2, Article 57, they may file an interlocutory appeal within ten days after the service of the ruling. The court's ruling on any interlocutory appeals shall not be overthrown.
During the appeal and interlocutory appeal, original placement agencies, institutions or foster families may continue the placement.
In case of changes, or if there is no need for continuous placement subject to the original ruling during the placement, special municipal or county (city) authorized agencies, parents, original guardians, or children and youth under placement may make an appeal to the court for the change or revocation.
Special municipal or county (city) authorized agencies shall continue to track and guide the children and youth for at least one year after the expiry of the placement, or the revocation of the placement in accordance with the regulations of the preceding paragraph.
Article 60
During the placement, special municipal or county (city) authorized agencies, assigned placement institutions or foster families shall exercise and assume the responsibilities and obligations for underage children within the scope of protection of children and youth under placement.
When the court rules on the continuous placement of children and youth, special municipal or county (city) authorized agencies, assigned placement institutions, or foster families shall assign one of the members to implement custody affairs and assume the same duty of care as parents. Special municipal or county (city) authorized agencies shall make a report about the person who will implement the custody affairs to the court, and shall make a case progress report for reference.
During the placement, the parents, original guardians, relatives or teachers of the children and youth may visit them based on the appointed time, place, and approach, subject to the consent of the special municipal or county (city) authorized agencies. Special municipal or county (city) authorized agencies may prohibit the visits of anyone who does not comply with the appointment, or whose presence is a disadvantage to the children and youth in question.
Special municipal or county (city) authorized agencies shall respect children and youth’s willingness before consenting in accordance with the regulations of the preceding paragraph.
Article 61
During the placement, children and youth shall not be allowed to be interviewed, investigated, examined, or physically checked for purposes other than the protection of the children and youth.
Social workers shall accompany children and youth who receive interviews, investigations, examinations, or physical checkups and protect their privacy.
Article 62
Parents, guardians, interested parties, or children and youth welfare institutes may apply to municipal or county (city) competent authorities for placing and protecting children and youth who are unable to lead a normal life due to severe calamities their families.
Municipal or county (city) competent authorities in charge of placement referred to in the preceding paragraph may find foster families or turn children and youth over to proper children and youth welfare institutes or other placement institutes.
In the scope of placement of children and youth, municipal or county (city) competent authorities, foster families or institutes shall exercise parental rights and assume parental obligations over minor according to the regulations described in Paragraph 1.
When the conditions mentioned in Paragraph 1 have improved, children and youth may be released back to their families, and municipal or county (city) competent authorities shall guide and follow-up them for at least one year.
Municipal or county (city) competent authorities shall enact the conditions and procedures for placement in foster families described in Paragraph 2 and Paragraph 5 of Article 56 as well as the qualifications, permission, supervision, audit, and reward for foster families.
Article 63
According to Paragraph 5 of Article 56 or Paragraph 2 of the foregoing Article, municipal or county (city) competent authorities may collect necessary living expenditures, health care fees, tuition and miscellaneous fees, collection fees, and other expenses relating to the services offered by the foster families or placement institutes from obligors; municipal or county (city) competent authorities shall enact the regulations for the charge.
Article 64
Municipal or county (city) competent authorities shall list children and youth who have suffered from any issue mentioned in Paragraph 1 of Article 49 or each subparagraph of Paragraph 1 of Article 56 or who have witnessed domestic violence for protection, and shall release or , if necessary, authorize children and youth welfare institutes or groups to release family treatment programs for the children and youth.
The treatment programs may include an assessment of family functionality, children and youth safety and placement, parental education, psychological guidance, psychotherapy, drug addiction treatment or assistance, and welfare services relating to the protection of children and youth or other normal family functions.
Children and youth, parents, guardians or other people looking after children and youth shall cooperate to implement the treatment programs.
If parents, guardians or other people looking after children and youth referred to in Paragraph 1 change their residence addresses or contact information, they shall inform municipal or county (city) competent authorities.
When the whereabouts of children and youth are found by municipal or county (city) competent authorities to be unknown upon the police’s handling and investigation, and there is a suspicion of criminal involvement, the judicial police agencies may report the cases to the prosecutors’ offices.
Article 65
Special municipal or county (city) authorized agencies shall propose a long-term guidance program for children and youth who are unable to return home or whose families are assessed to be unfit after more than two years of placement pursuant to this Act.
Welfare institutes or groups for children and youth may be entrusted with the implementation of the long-term guidance program referred to in the preceding paragraph.
Article 66
Case information on children and youth or their families who are protected, placed, interviewed, investigated, assessed, guided, or provided with intervention shall be established and regularly tracked and assessed.
Any secrets or confidential information and documents made or held for the performance of duties shall be kept in secret and shall not be disclosed, or made public without reasonable grounds.
Article 67
Special municipal or county (city) authorized agencies shall continuously provide the necessary welfare services for children and youth and their families who are processed due to juvenile delinquent protection and juvenile criminal cases according to the Juvenile Delinquency Act.
Welfare institutes or groups for children and youth may be entrusted with the welfare services referred to in the preceding paragraph.
Article 68
Special municipal or county (city) authorized agencies shall trace and guide children and youth and their families after the termination, suspension or exemption of placement and guidance or corrective education or the transferred guidance of children and youth pursuant to the Juvenile Delinquency Act for at least one year.
Welfare institutes or groups for children and youth may be entrusted with the tracing and guidance referred to in the preceding paragraph.
Article 69
Promotional material, publications, broadcast, TV, Internet or other media shall not report, or record the names, or other information that is sufficient to identify the following children and youth:
1. Those who suffer from behaviour mentioned in Article 49 or each subparagraph of Paragraph 1, Article 56.
2. Those who use drugs, illegal controlled medicines or other materials that are harmful to their physical and mental health.
3. Parties or related parties of the cases where the legitimacy of children is questioned, adoption events, exercise of parental rights, parental support events, or events regarding those obligated to provide support, or the selection, discretion or alternation of custody.
4. Victims of juvenile delinquency and those parties under protection and those involved in criminal cases.
Documents made public by administrative and judicial agencies shall not contain information that can lead to the identification of the children and youth referred to in the preceding paragraph unless otherwise stipulated in the regulations of Subparagraph 3 of the preceding paragraph or other laws.
Anyone in addition to those specified in the preceding two paragraphs shall not reveal to the media, or in publically available information, the names or other details that are sufficient to identify the children and youth referred to in Paragraph 1.
This provision shall not apply if the administrative agencies invite the representatives of relevant agencies, welfare groups for children and youth, and newspaper associations to examine the disclosure referred to in Paragraphs 1 and 2 and deem the disclosure to be necessary for the better interests of the children and youth or for the maintenance of public interests.
Article 70
Municipal or county (city) competent authorities may be responsible or entrust children and youth welfare institutes or groups or other proper professional personnel to interview, investigate, and perform the tasks stipulated in the Act if necessary.
When municipal or county (city) competent authorities entrusted institutes, groups, or professional personnel interview, investigate and perform the tasks, children and youths’ parents, guardians or other people looking after children and youth, teachers, employers, medical personnel and other relevant personnel shall cooperate and provide relevant information; municipal or county (city) competent authorities may ask police, household registration, finance, education, or other relevant agencies (institutes) for assistance, all of which shall cooperate.
Authorities may ask related agencies (institutes), groups, juridical persons, or individuals to provide information required for the handling of protection, subsidies, and support of children and youth, and those that are asked for assistance are obliged to provide such information.
Authorities shall act as good administrators to pay attention to acquired information regulated in the previously mentioned two paragraphs, conduct an information safety audit, and comply with the regulations of the Personal Information Protection Act regarding the retention, processing, and use of such information.
Article 70-1
When municipal or county (city) competent authorities or entrusted institutes, groups or professional personnel are held back from the interview, investigation, or performance of the tasks set forth in the preceding Article and reasonably suspect that children and youth are at risk or deem it necessary to ask the police agencies for assistance based on the objective facts, municipal and county (city) authorized agencies may request the police agencies to forcibly enter the residences, buildings, or other premises immediately or conduct necessary dispensation.
The police agencies may forcibly enter the residences, buildings, or other premises in accordance with the preceding paragraph with ID presented, and interview the persons concerned.
Article 71
If parents or guardians neglect the protection and care of children and youth in a serious manner, engage in behaviour specified in Article 49, or each subparagraph of Paragraph 1, Article 56, or fail to prohibit children and youth from using drugs or illegally controlled medicines, children and youth and their nearest relatives, special municipal or county (city) authorized agencies, welfare institutes for children and youth or other interested parties may request the court to declare the termination of all or part of their parental rights, or custody or appoint or reappoint the guardians separately; for adoptive parents, they may request the court to declare the termination of the adoption relation.
When appointing or reappointing the guardians in accordance with the regulations of the preceding paragraph, the court may appoint the special municipal or county (city) authorized agencies, persons in charge of welfare institutes for children and youth or other proper people as the guardians of children and youth; in addition, the court may appoint the method of custody, order their parents, original guardians or other obligators to deliver children and pay the maintenance expenses and compensation equivalent to the appointment or reappointment of guardians, and order additional necessary dispositions, or enact necessary measures.
The ruling referred to in the preceding paragraph may be given in the name of execution.
Article 72
Where there are enough facts to confirm that children and youth’s property rights and interests are breached, special municipal or county (city) authorized agencies may request the court to appoint or reappoint social welfare agencies or other suitable persons to act as the guardians or choose the method of custody for the management, use, income or disposal of children and youth’s property; they may also appoint, or reappoint trustees to manage all or part of the property, or order the guardians to establish trust management in favour of the children and youth in question.
Special municipal or county (city) authorized agencies may preserve children and youth’s property prior to the ascertainment of ruling referred to in the preceding paragraph.
Special municipal or county (city) authorized agencies shall enact the regulations governing the property management and trust specified in Paragraph 1.
Article 73
Senior high schools and below shall cooperate with welfare, educational or corrective education institutes to implement the transition and return to school programs for children and youth under placement and guidance, or corrective education in accordance with the Juvenile Delinquency Act to protect the children and youth’s right to receive education.
The central authorized agency in charge of education and authorized agencies in charge of legal affairs shall enact the regulations governing the objects, procedures, and disposal of violations of the transition and return to school programs referred to in the preceding paragraph and issues that shall be observed.
Article 74
Authorized agencies in charge of legal affairs shall integrate each authorized agency to provide children and youth in the stage of correction with school guidance, occupational training, employment services or other relevant services and measures subject to their willingness, and assist them to go back to their homes and communities.