1. Reasons for Amendment

Recent events saw collective complaints filed in Gyeonggi-do when kindergartens, a compulsory facility in any multi-family housing complex for 2,000 or more households, were built (May 2021, project plan approved in 2017) but their establishment was not approved by the local office of education, and they remain vacant to date. As a result, the sellers of the kindergartens face financial setbacks and residents with children have no choice but to use kindergartens located outside the complex. This Amendment aims to prevent such cases, protects children from hazardous facilities by requiring community-based childcare centers to be located at a distance from hazardous facilities, and otherwise addresses weaknesses that have emerged from system operation.

2. Major Provisions

 A. Modify terminology (Article 2)

  1) It is necessary to use updated terminology in accordance with the whole amendment of the “Prevention of Contagious Diseases Act” into the “Infectious Disease Control and Prevention Act” (December 2009).

  2) Replace the term “contagious disease” with “infectious disease.”

  3) This is expected to prevent confusion in the granting of authorizations and permissions under the Act, project implementation, promotions, and other aspects of housing project implementation.

B. Add community-based childcare centers to the scope of facilities to be located at a distance from hazardous facilities (Article 9-2)

  1) Facilities that are required to be located at a distance from hazardous facilities (factories, facilities that store and handle hazardous substances, etc.) are multi-family housing, medical facilities (excluding pharmacies), and children's playgrounds, kindergartens, child-care centers, and halls for senior citizens, which are facilities used by children and older adults. However, this does not include community-based childcare centers used by children aged 6 to 12 years and as a result, these children are not protected from hazardous facilities.

  2) Add “community-based childcare centers” to the scope of facilities to be located at a distance from hazardous facilities (factories, facilities that store and handle hazardous substances, etc.), and add “community-based childcare centers” to the scope of facilities whose distance from gas stations/charging stations cannot be reduced.

  3) Ensure a safe and pleasant environment for elementary school pupils to engage in after-school activities.

C. Correct cited provisions (Article 39)

  1) It is necessary to correct cited provisions as the grounds requiring multi-family housing subject to compulsory management to install visual data processing devices have been upgraded from the Enforcement Decree to the Act (April 2020).

  2) Clarify the scope of compulsory installation of visual data processing devices by changing the cited provisions from “Article 2 of the Enforcement Decree of the Multi-family Housing Management Act” to “Article 2 (1) 2 of the Multi-family Housing Management Act.”

D. Add grounds for exclusion from compulsory establishment of kindergartens (Article 52)

  1) Recent events saw residents and persons intending to purchase kindergartens adversely affected when kindergartens were built in multi-family housing complexes of 2,000 households or more but their establishment was not approved due to changes in the child placement plans of the local office of education.

  2) Add “cases where the establishment of a kindergarten is deemed unnecessary by the approving authority of kindergarten establishment authorizations” to the scope of exclusion from compulsory establishment of kindergartens.

  3) This is expected to improve the learning/childcare environment for children residing in complexes by preventing cases where a kindergarten has been built but cannot be established.