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Chapter Law Content

Chapter 7 Supplementary:
Article 110
Protective measures of urgent placement for anyone aged over 18 and below 20 shall be subject to the relevant regulations in this Act.
Article 111
Children and youth aged 18 who are committed to placement by authorized municipal agencies and county (city) governments and that have been assessed as not able to return home or live independently shall be continuously placed until they are twenty years old; those who study in colleges shall be placed until graduation.
Article 112
Adults who abet, assist or use children and youth to commit crimes, commit crimes with children and youth, or purposely add offenses against children and youth shall be liable for sharp penalties by adding an additional half to a sentence. If special penalty regulations are already in place for children and youth as the victims of the crimes, such regulations shall apply.
The authorized agencies may lodge complaints against children and youth offenders independently.
Article 112-1
Adults who commit offences against children and youth as set forth in the Child and Youth Sexual Exploitation Prevention Act and the Chapter of Sexual Offenses, Offenses of Homicide, and Offenses of Causing Injury of the Criminal Code, and have been punished with deferred prosecution, shall be placed under protective measures during the period of suspension.
When making the announcement referred to in the preceding paragraph, the courts may entrust professional personnel, organizations, or institutions to conduct the assessment. The courts shall order the accused to abide by one or more of the following during the period of protective measures except where it is not necessary:
1. They are prohibited from committing specific offences against children and youth.
2. Complete offender treatment programs.
3. Other protective measures for victims.
When prisoners committing the offences set forth in Paragraph 1 are paroled and under protective measures, the preceding paragraph shall apply to them mutatis mutandis.
The central competent health authority shall enact the regulations relating to the offender treatment programs together with the legal authority. Such regulations shall include the following:
1. Cognitive education, psychological gudance, psychotherapy, addiction treatment, or other counseling and treatment services for offenders.
2. Evaluation criteria for treatment programs.
3. Communication and evaluation systems between judicial agencies and agencies (institutes) in charge of executing offender treatment programs.
4. Qualifications for agencies (institutes) in charge of executing offender treatment programs.
If perpetrators are also under protective measures, guardians from the prosecutors’ offices in charge of executing offender treatment programs shall coordinate with municipal or county (city) competent health authority to execute offender treatment programs and oversee the performance of perpetrators under protective measures.
If the perpetrators in the preceding paragraph fail to perform or do not comply with the offender treatment programs in a serious manner after the guardians urge them to do so, prosecutors may inform the wardens in charge to report to the Ministry of Justice for the cancelation of parole or appeal to the court for the revocation of deferred prosecution.
Article 113
When anyone receives the subsidies or incentives under this Act fraudulently, or through other improper methods, the authorized agencies shall revoke the original disposition and order him/her to return the subsidies or incentives within a certain period of time in writing; failure to return the subsidies or incentives within the given deadline shall be subject compulsory enforcement. If the case involves criminal responsibility, the person shall be transferred to a judicial agency for processing.
Article 114
In the case of a maintenance support obligator that fail to pay the relevant charges related to this Act, the authorized agency shall pay the charge from children and youth welfare funds for the necessary protection of children and youth.
Article 115
For welfare institutes for children and youth that have their establishment registered before the implementation of the amendments to this Act, if the establishment requirements are inconsistent with the regulations of this Act and the authorized regulations after the implementation of the amendments to this Act, they shall improve within a certain period of time announced by the central authorized agency; the regulations of this Act shall serve as a basis in case of failure to improve before the given deadline.
Article 116
After-school childcare centers registered before the implementation of this Act shall apply for the reorganization of after-school care service classes and centers for children to authorized agencies in charge of education within two years from the date of implementation of this Act. The establishment permit shall be revoked and the original certificate shall become invalid in case of failure to apply before the given deadline.
The after-school childcare centers not completing the reorganization as mentioned in the preceding paragraph shall be managed by the original authorized agencies in accordance with the regulations of this Act before amendments within two years from the date of implementation of this Act.
Nurseries of childcare institutions that have not yet reorganized into preschools in accordance with the Early Childhood Education and Care Act shall be managed by the original authorized agencies of approval in accordance with the regulations of this Act before amendments.
Article 117
The central authorized agency shall enact the Enforcement Rules for this Act.
Article 118
Except for Articles 15 to 17, 29, 76, 87, 88 and 116 of this revised Act, which will come into force six months from the date of promulgation on November 30, 2011, the provision of Articles 25, 26 and 90 will come into force three years from the date of promulgation.