Childcare Subsidies 'Cut Off' Without Notice...Kwonikwi Declares "Illegal"

Administrative Actions Must Include Guidance on Prior Opinion Submission and Appeal Procedures

[Sejong=Asia Economy Reporter Moon Chaeseok]

#Mr. A, who operates a daycare center, was subject to administrative sanctions such as subsidy repayment and fines by a local government in 2016 for violating the 'Infant and Toddler Care Act.' Subsequently, the local government stopped providing subsidies for daycare teachers' wages according to the sanctions, and during this process, it did not inform Mr. A of the procedures for submitting prior opinions and filing appeals under the 'Administrative Procedures Act.'

The Anti-Corruption and Civil Rights Commission (ACRC) has ruled that if an administrative agency fails to inform citizens of the procedures for submitting prior opinions and filing appeals during administrative sanctions that restrict citizens' rights, it is illegal. The ACRC announced on the 7th that it recommended corrective action to the local government involved.

According to Articles 21 and 26 of the law, when an administrative agency imposes obligations or restricts the rights of the parties involved, it must inform them in advance of the reasons for the sanction, the legal basis, and the procedure for submitting opinions. When imposing sanctions, the agency must also inform whether administrative appeals or lawsuits can be filed and the procedures for doing so.

The ACRC viewed the local government's sanctions as injurious administrative actions that could seriously affect daycare centers, which cover most of the wages for daycare teachers and cooks through subsidies, and determined that this violated Article 14 of the law. Sanctions for violations must follow the penalty regulations in effect at the time of the violation unless otherwise specified. Lim Jin-hong, a grievance handling officer at the ACRC, stated, "In imposing injurious administrative sanctions, regulations should not be interpreted expansively or applied disadvantageously to the subjects, and relevant laws must be strictly applied to prevent infringement of citizens' rights."

The local government argued, "Since the penalty provision excluding subsidy support was retroactively applied from the 'Childcare Business Guidelines' newly established by the Ministry of Health and Welfare in 2017, the sanctions against Mr. A are neither administrative sanctions nor subject to the law," but the ACRC did not accept this. An ACRC official said, "It was judged unfair to infringe on citizens' rights retroactively based solely on the literal interpretation that guidelines are not laws or ordinances."

This content was produced with the assistance of AI translation services.