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Support Of Multicultural Families

Ordinance No. 356, Apr. 2, 2008
Amended by Ordinance No. 844, Jan. 11, 2012
 

CHAPTER Ⅰ GENERAL PROVISIONS

Article 1 (Purpose)

The purpose of this Ordinance is to create environments in which members of multicultural families can live together in our society, and lay the foundation on which they can peacefully coexist, by strengthening supportive policies that enable members of multicultural families who live in Jeju Special Self-Governing Province to lead a healthy family life in which they maintain their dignity as human beings, in accordance with the Multicultural Families Support Act and other Acts and subordinate statutes related to multicultural families. <Amended by Ordinance No. 844, Jan. 11, 2012>

Article 2 (Basic Concepts)

Members of multicultural families shall have opportunities to satisfy basic desires of individuals and pursue their development as respected members of the Jeju community, and perform their duty as healthy members of the community.

Article 3 (Definitions)

The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance No. 844, Jan. 11, 2012>

1. The term "multicultural family" means a family falling under any of the following:

(a) A person who has his/her domicile in Jeju Special Self-Governing Province among families comprised of married immigrants under subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea and comprised of those who have acquired nationality of the Republic of Korea in accordance with Articles 2 through 4 of the Nationality Act;

(b) A person who has his/her domicile in Jeju Special Self-Governing Province among families comprised of those who have acquired nationality of the Republic of Korea pursuant to Articles 3 and 4 of the Nationality Act and comprised of those who have acquired nationality of the Republic of Korea in accordance with Articles 2 through 4 of the same Act.

2. The term "support of multicultural families" means all systems or measures taken by Jeju Special Self-Governing Province (hereinafter referred to as "Jeju Self-Governing Province") and other public institutions in order to support members of multicultural families so that they may perform their duty as healthy members of the community by creating environments in which they are assured of a healthy family life in which the dignity of individuals and gender equality are maintained and can live together in our society, and laying the foundation on which they can peacefully coexist;

3. The term "married immigrant, etc." means a person who is a member of a multicultural family, falling under any of the following:

(a) A person who is a married immigrant under subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea and has his/her domicile in Jeju Special Self-Governing Province;

(b) A person who has been denizened pursuant to Article 4 of the Nationality Act and has his/her domicile in Jeju Special Self-Governing Province;

(c) A foreigner who fell under item (a) or (b) but whose matrimonial relationship has been dissolved.

Article 4 (Responsibility of Provincial Governor)

The Governor of Jeju Special Self-Governing Province (hereinafter referred to as the "Provincial Governor") shall create a system and conditions necessary to create environments in which members of multicultural families in Jeju can live together in our society and lay the foundation on which they can peacefully coexist, and formulate and execute various policies necessary therefor.

 

CHAPTER Ⅱ FORMULATION AND EXECUTION OF POLICIES FOR SUPPORT OF MULTICULTURAL FAMILIES

Article 5 (Formulation of Master Plans for Support of Multicultural Families)

(1) The Provincial Governor shall formulate a master plan for support of multicultural families in Jeju (hereinafter referred to as "master plan") necessary for their early settlement, social integration, etc., every four years.

(2) The Provincial Governor shall confirm a master plan formulated pursuant to paragraph (1) through deliberation by the Multicultural Family Policy Committee of Jeju Special Self-Governing Province.

(3) A master plan shall include the following matters:

1. Basic direction-setting for policies for support of multicultural families in Jeju;

2. Matters concerning policies for development in each field for support of multicultural families;

3. Matters concerning the improvement of systems for support of multicultural families;

4. Matters concerning the raising and distribution of funds for support of multicultural families;

5. Matters concerning the division of roles between administrative agencies and public institutions of Jeju Self-Governing Province related to support of multicultural families;

6. Other matters necessary for support of multicultural families.

Article 6 (Holding of Public Hearings, etc.)

The Provincial Governor shall hold public hearings in order to collect diversified demands of all levels of society when he/she formulates a master plan for support of multicultural families, etc..

Article 7 (Formulation of Implementation Plans by Year)

(1) The Provincial Governor shall formulate, implement and evaluate an implementation plan by year (hereinafter referred to as "implementation plan") based on a master plan every year.

(2) The Provincial Governor shall report the evaluation results to the Jeju Special Self-Governing Provincial Council every year.

Article 8 (Research on Actual Conditions, etc.)

The Provincial Governor shall conduct research on the actual conditions every three years and publish the results thereof in order to understand the living conditions of multicultural families in Jeju and the members thereof and the results of the execution of policies for support of multicultural families, and utilize them in the formulation of polices for support of multicultural families. <Amended by Ordinance No. 844, Jan. 11, 2012>

Article 9 (Establishment and Functions of Multicultural Family Policy Committee)

(1) The Provincial Governor shall organize the Multicultural Family Policy Committee (hereinafter referred to as the "Policy Committee") of Jeju Special Self-Governing Province for support of multicultural families in Jeju.

(2) The Policy Committee shall deliberate on the following matters:

1. Matters concerning the formulation of a master plan for support of multicultural families;

2. Matters concerning support to multicultural families;

3. Matters concerning support for education of children of multicultural families;

4. All matters to promote the understanding of multicultural society;

5. Matters concerning support of organizations formed by multicultural families and related support organizations;

6. Other matters deemed necessary by the Chairperson of the Policy Committee.

Article 10 (Composition)

(1) The Policy Committee shall be composed of not more than 20 members including one Chairperson and one Vice Chairperson.

(2) The Chairperson and the Vice Chairperson shall be elected by the Policy Committee from among its members.

(3) The Provincial Governor shall appoint and commission the members of the Policy Committee from among those falling under the following subparagraphs: Provided, That the number of members who are public officials shall not exceed one fifth of all the members: <Amended by Ordinance No. 844, Jan. 11, 2012>

1. Two Provincial Council members recommended by the Chairperson of the Jeju Special Self-Governing Provincial Council, the Director of Local Autonomy Administration Bureau and the Director of Health, Welfare and Gender Equality shall become ex officio members;

2. A person who has expertise in multicultural families and is recommended by an organization related to multicultural families and a civic group;

3. A married immigrant or person related to an organization among immigrants who live in Jeju;

4. A resident of the Province who desires to participate in the Policy Committee and has applied for the participation therein according to procedures for public invitation;

5. Where the Provincial Governor commissions members under subparagraphs 2 and 4, he/she shall officially announce standards for selection, recommendation, and the date of application in advance and then commission the relevant persons according to standards for selection officially announced in advance after he/she has received recommendations from nonprofit private organizations or applications from residents of the Province.

(4) The Provincial Governor shall keep one administrative secretary in order to handle affairs of meetings of the Policy Committee and the manager in charge of multicultural affairs in the Jeju Self-Governing Province shall be the administrative secretary. <Amended by Ordinance No. 844, Jan. 11, 2012>

Article 11 (Term of Office)

(1) The term of office of a member of the Policy Committee shall be two years, and he/she may be reappointed or recommissioned: Provided, That the term of office of an ex officio member shall be the term during which he/she holds office in such position.

(2) The term of office of a member commissioned to fill a vacancy for grounds under Article 15 shall be the remainder of the term of office of his/her predecessor.

Article 12 (Duties of Chairperson)

(1) The Chairperson shall represent the Policy Committee and preside over its duties.

(2) Where an accident happens to the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson on his/her behalf: Provided, That where the remaining term of office of the Chairperson is more than six months, a new chairperson shall be elected at a meeting of the Policy Committee from among its members.

Article 13 (Meetings)

(1) The Chairperson shall convene a meeting of the Policy Committee and preside at the meeting.

(2) The Policy Committee shall hold regular meetings and extraordinary meetings; it shall convene the regular meeting twice a year and convene an extraordinary meeting when the Chairperson deems it necessary or when more than a third of the members calls for the convocation of an extraordinary meeting.

(3) The Policy Committee shall hold its meeting when a majority of the incumbent members attend and pass resolutions with the concurrence of a majority of the members present.

Article 14 (Dismissal of Members)

Where a member of the Policy Committee falls under any of the following subparagraphs, the Provincial Governor may dismiss him/her even during the term of his/her office:

1. Where he/she faces difficulty in performing his/her duty due to a disease that requires long-term medical care or for other grounds;

2. Where he/she is deemed inappropriate to perform duties of a member of the Policy Committee due to the impairment of his/her dignity, etc.;

3. Where he/she desires to be dismissed for himself/herself.

Article 15 (Allowances, etc.)

The Provincial Governor may give an allowance and reimburse travel expenses to members of the Policy Committee (excluding public officials belonging to Jeju Self-Governing Province) who attend its meeting and related experts, etc. who attend and speak at its meeting within budgetary limits, as prescribed by Ordinance of Jeju Special Self-Governing Province for Compensation of the Actual Cost of Various Committees.

Article 16 (Administrative or Financial Support, etc.)

The Provincial Governor may provide administrative or financial support necessary for the operation of the Policy Committee.

 

CHAPTER Ⅲ MEASURES FOR SUPPORT TO MULTICULTURAL FAMILIES

Article 17 (Promotion of Understanding on Multiculturalism)

(1) The Provincial Governor shall endeavor to provide education, conduct publicity activities, correct irrational systems and take other necessary measures so that residents of Jeju Self-Governing Province and married immigrants may understand and respect each other's history, culture and institutions.

(2) The Provincial Governor may recommend business operators related to newspapers, broadcasting or communications to develop and spread programs, etc. that can promote social integration by promoting the understanding on multicultural families.

(3) The Provincial Governor shall endeavor so that education for better understanding on multicultural families is provided in schools under Article 2 of the Early Childhood Education Act, Article 2 of the Elementary and Secondary Education Act or Article 2 of the Higher Education Act in consultation with the Superintendent of the Office of Education of Jeju Self-Governing Province. <Newly Inserted by Ordinance No. 844, Jan. 11, 2012>

Article 18 (Grounding)

(1) The Provincial Governor shall provide necessary support so that married immigrants, etc. may receive language education, social adaptation education, skill acquisition education, etc. necessary for living in Jeju.

(2) The Provincial Governor shall provide multicultural education, social integration education, etc., intended for places of business and communities to which married immigrants, etc. belong, in order to support education for the prevention of social discrimination and prejudice against multicultural families and their early settlement.

(3) Necessary matters concerning the provision of education under paragraphs (1) and (2) shall be prescribed by the Rules.

Article 18-2 (Support Activities)

The Provincial Governor may support activities falling under the following subparagraphs in order to support multicultural families:

1. Education and publicity for better understanding on multicultural families;

2. Provision of basic information and adaptation education necessary for married immigrants, etc. to live in Jeju Special Self-Governing Province;

3. Provision of Korean language education and linking vocational education and training to jobs for married immigrants, etc.;

4. Activities to maintain equal family relationships, such as family counseling, husband and wife education, parenting education, family life education, etc. of multicultural families;

5. The prevention of domestic violence in multicultural families and the protection and support of married immigrants, etc. who have suffered from domestic violence;

6. Education on nutrition and health, dispatch of assistants to married immigrants, etc. before and after childbirth, support of medical service, such as medical checkup, so that married immigrants, etc. may live a healthy life;

7. Provision of foreign language interpretation and translation service for married immigrants, etc.;

8. Support of childcare and education of children who are members of multicultural families and support necessary to improve their linguistic ability, such as teaching Korean language;

9. Other activities deemed necessary by the Provincial Governor.

[This Article Newly Inserted by Ordinance No. 844, Jan. 11, 2012]

Article 19 Deleted. <by Ordinance No. 844, Jan. 11, 2012>

Article 20 (Maintenance of Equal Family Relationships)

(1) The Provincial Governor shall endeavor so that married immigrants, etc. may enjoy a democratic family life in a gender equal manner.

(2) The Provincial Governor shall promote counseling, family life education, parenting education, etc. to prevent matrimonial and generational conflicts in multicultural families.

Article 21 Deleted. <by Ordinance No. 844, Jan. 11, 2012>

Article 22 (Protection and Support of Victims of Domestic Violence)

(1) The Provincial Governor shall endeavor to prevent domestic violence in multicultural families.

(2) Where a married immigrant under subparagraph 4 of Article 3 suffers injury from domestic violence, the Provincial Governor shall take necessary measures for the protection and support of the victim under the Act on the Prevention of Domestic Violence and Protection, etc. of Victims.

(3) Where a married immigrant dissolves his/her matrimonial relationship, such as the annulment or cancellation of matrimony and divorce, the Provincial Governor may provide necessary support, such as the statement of his/her opinion, confirmation of the fact, legal advice, administrative support, language interpretation, so that he/she is not placed in an unfavorable position due to difficulties in communication, inexperience in legal and medical systems and information of the Republic of Korea, etc., in proving the grounds for imputation.

Article 23 (Childcare)

(1) The Provincial Governor shall not discriminate against children who are members of multicultural families in childcare.

(2) Qualifications for legal or illegal stay of the child himself/herself who is a member of a multicultural family and his/her father or mother who is a married immigrant, etc. shall not have an effect on the child's right to receive care.

(3) The Provincial Governor shall endeavor to support the bringing up and education of children who are members of multicultural families before entering an elementary school, and may provide support necessary to improve language ability, such as support of teaching materials and support of learning for Korean language teaching for the linguistic development of such children. <Amended by Ordinance No. 844, Jan. 11, 2012>

(4) The Provincial Governor shall prepare measures for support of education so that children who are members of multicultural families may promptly adapt themselves to school life, and the Superintendent of the Office of Education of Jeju Self-Governing Province may support extracurricular or after-school educational programs, etc. to children who are members of multicultural families. <Newly Inserted by Ordinance No. 844, Jan. 11, 2012>

Article 24 (Provision, etc. of Life Counseling and Legal Advice)

(1) The Provincial Governor may provide life counseling programs concerning matrimony, the bringing up of children, work life, etc. of multicultural families, etc. <Amended by Ordinance No. 844, Jan. 11, 2012>

(2) The Provincial Governor may provide legal advisory programs concerning matrimony, the bringing up of children, work life, etc. of multicultural families, etc. <Amended by Ordinance No. 844, Jan. 11, 2012>

(3) The Provincial Governor shall implement polices to support dealing with complaints of multicultural families, etc. <Amended by Ordinance No. 844, Jan. 11, 2012>

 

CHAPTER Ⅳ MULTICULTURAL FAMILIES SUPPORT CENTERS

Article 25 (Designation of Multicultural Families Support Centers)

(1) If necessary for the implementation of policies for support of multicultural families, the Provincial Governor may designate multicultural families support centers (hereinafter referred to as "support center") of Jeju Special Self-Governing Province among the following institutions and organizations through deliberation by the Policy Committee: <Amended by Ordinance No. 844, Jan. 11, 2012>

1. A corporation or organization that has professional human resources and facilities necessary for support of multicultural families;

2. A healthy families support center under Article 35 of the Framework Act on Healthy Families;

3. A social welfare center under Article 34 of the Social Welfare Services Act;

4. A related civic group, such as an organization supporting foreign workers and married immigrants;

5. Other institutions and organizations deemed necessary by the Provincial Governor.

(2) A support center shall conduct the following affairs: <Amended by Ordinance No. 844, Jan. 11, 2012>

1. Formulating a detailed plan for support of multicultural families;

2. Developing programs for support of multicultural families, Korean language teaching, education for informatization, education for culture and art, education and training for employment and business startup for support of multicultural families;

3. Implementing programs for support of multicultural families;

4. Reporting on the results of activities for support of multicultural families;

5. Providing information on and publicity of support services for multicultural families, and linking services to support-related organizations;

6. Providing information on jobs, helping multicultural families find jobs, and supporting business startup;

7. Providing interpretation and translation support services for multicultural families;

8. Other activities necessary for support of multicultural families, such as research and investigation activities related to support of multicultural families.

(3) The Provincial Governor shall allocate professional human resources fluent in foreign languages in support centers for them to handle counseling affairs for multicultural families, etc., support affairs to deal with complaints of married immigrants, etc. <Amended by Ordinance No. 844, Jan. 11, 2012>

(4) Matters necessary for the enforcement of paragraphs (1) and (2) shall be prescribed by the Rules.

Article 26 (Support, etc. to Support Centers)

The Provincial Governor may provide funds necessary for support centers to perform duties prescribed in Article 27 (2) within budgetary limits.

 

CHAPTER Ⅴ SUPPLEMENTARY PROVISIONS

Article 27 (Treatment of Spouse and Children by Common-law Marriage)

The Provincial Governor may apply Articles 19 through 26 mutatis mutandis to a married immigrant who is bringing up or should bring up children born in the common-law marriage relationship with a resident of Jeju Self-Governing Province and their children.

Article 28 (Cooperation with Private Sector)

(1) The Provincial Governor may entrust some of activities concerning polices for support of multicultural families to a nonprofit corporation or nonprofit organization, and subsidize it for some of expenses incurred in the performance of such activities entrusted or provide other necessary support.

(2) The related provisions such as Article 4 of Ordinance of Jeju Special Self-Governing Province for Entrustment of Affairs to Private Sector shall apply to procedures and methods for entrustment to the private sector.

(3) The Provincial Governor may provide administrative support necessary to form an organization related to multicultural families, and provide funds for working expenses within budgetary limits. <Newly Inserted by Ordinance No. 844, Jan. 11, 2012>

Article 29 (Enforcement Rules)

Necessary matters concerning the enforcement of this Ordinance shall be prescribed by the Rules.

 

ADDENDA

(1) (Enforcement Date)

This Ordinance shall enter into force on the date of its promulgation.

(2) (Repeal of other Ordinances)

Ordinance of Jeju Special Self-Governing Province concerning Support of Families by International Marriages, Ordinance of Jeju Special Self-Governing Province No. 222, is hereby repealed according to the enforcement of this Ordinance.

 

ADDENDUM <Ordinance No. 844, Jan. 11, 2012>

This Ordinance shall enter into force on the date of its promulgation.