Government legislation ministry bars extended childcare pay for non-disabled children
A regulatory interpretation issued June 16 clarifies that civil servants with disabled children cannot claim the 18-month allowance when taking leave to care for a healthy sibling.
The Ministry of Government Legislation said that civil servants who have a disabled child cannot receive an extended childcare allowance if they take leave to care for a different, non-disabled child.
Under current regulations, the standard payment period for childcare leave allowances is capped at 12 months. An exception allows parents of children with severe disabilities to receive payments for up to 18 months.
The ministry determined that the allowance is tied to the specific child being cared for during the leave period. Since the leave in this scenario was to raise a child without a disability, the special provision does not apply, and the payment duration reverts to the standard one-year limit.
Officials explained that expanding the exception to cover siblings would constitute an unreasonable widening of a rule designed as a specific concession for families managing severe disabilities. The Ministry of Government Legislation cited the need to strictly interpret exception clauses without expanding their scope beyond reasonable justification.
The ruling relies on the National Civil Service Act, which defines childcare leave as a benefit calculated per child, requiring applicants to specify the particular child being cared for on official forms. Current guidelines mandate that proof of a child's disability status must be submitted directly to the agency head to qualify for the extended term.
What this article is based on
Every fact in this article can be checked against the primary documents below.
- Court ruling법제처 법령해석례· Ministry of Government Legislation· accessed Sept. 16, 2026
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