Welfare, veterans & labour

Daycare Center Establishment Approval: Standards and Documents — 4.29㎡ per Child and Ground-Floor Childcare Rooms

To establish and operate a private, home, corporation/organization, cooperative or workplace daycare center (any daycare center other than a national or public one), you need approval from the city mayor, county head or district head under Article 13 of the Infant Care Act, and changes to important approved matters also require change approval. Under Annex 1 of the Enforcement Rule of the Infant Care Act, the facility must provide at least 4.29㎡ per child and childcare rooms at least 2.64㎡ per child, and childcare rooms are in principle on the ground floor. Cities, counties and districts set childcare plans that include daycare supply and demand plans and must consider local childcare demand when granting approval, so approval may be difficult in areas with sufficient supply. Using the name of a daycare center or effectively operating one without approval is punishable by imprisonment of up to 1 year or a fine of up to 10,000,000 won.

Procedure

  1. 1. Check the type of daycare center and local childcare demand

    A home daycare center serves 5 to 20 children at all times, private and corporation/organization daycare centers serve 21 or more, and cooperative daycare centers serve 11 or more, and capacity may never exceed 300 children. Because the city, county or district considers local childcare demand when granting approval, first check the supply and demand situation in the local childcare plan. Persons within 5 years after completing a sentence of imprisonment without labor or heavier, and persons within 5 years after a daycare closure order, among others, cannot establish or operate a daycare center.

  2. 2. Review building use and location

    A daycare center must be located in a building whose use permits that type of daycare center under Annex 1 of the Enforcement Decree of the Building Act, and must be at least 50m away from the facilities listed in Article 9-2, Paragraph 1 of the Regulations on Housing Construction Standards. For home and private daycare centers, the debt ratio on the land and building used must be below 50%, and a cooperative daycare center requires contributions from 11 or more guardians or others. In principle a daycare center is set up in a single building.

  3. 3. Prepare facilities that meet the standards

    Facility space including childcare rooms must be at least 4.29㎡ per child and childcare rooms at least 2.64㎡ per child, and childcare rooms are in principle on a ground floor with at least 80% of its four sides exposed above ground. Exceptions include using an entire building as one daycare center with childcare rooms from the 1st to the 5th floor, and on the 2nd and 3rd floors you need emergency stairs or evacuation slides for children. A teachers' room is required for 21 or more children and, in principle, an outdoor playground of at least 3.5㎡ per child for 50 or more, and at least 1 CCTV camera must be installed in each childcare room, shared play room, playground, dining room and similar space.

  4. 4. Submit the application and undergo the on-site check

    Submit the daycare center approval application to the city, county or district office with the floor plan, director qualification documents, staff recruitment plan, operation plan and other attachments. The office checks the building register, building registration certificate and electrical safety inspection certificate through shared administrative information, and decides on approval considering the on-site check of whether the standards are met. For centers on the 2nd floor or above, the office asks the local fire station to confirm the fire safety and evacuation facilities.

  5. 5. Post the approval certificate and file reports during operation

    Once approved, you receive the daycare center approval certificate and post it where visitors can see it. The director reports the appointment or dismissal of childcare staff to the city, county or district within 14 days, and change approval is required to change important approved matters. To close the center or suspend or resume operation, report to the city, county or district in advance.

Required documents

  • Daycare center approval application (Enforcement Rule of the Infant Care Act, Form No. 4)
  • Articles of incorporation and contribution documents (corporations) or bylaws or rules (organizations)
  • Lease agreement (if the property is leased)
  • Floor plan showing the area of each space and a list of the daycare center and its equipment
  • Documents proving the director's qualifications and the childcare staff recruitment plan
  • Daycare center operation plan (including operating costs and maintenance) and documents on ability to pay and repay expenses (individuals)
  • Gas periodic inspection certificate and flame-retardant performance test report, and a plan for using a nearby playground (for 50 or more children without a playground)
  • Letter of authorization (when filed by an agent)

Fees

Typically several hundred thousand won to several million won in the industry. We provide a quote after consultation based on the type and capacity of the daycare center, the floors used, the scope of playground and emergency facility review, and whether it is a change approval. Government fees are separate.

Legal basis and review date

  • Infant Care Act, Article 10
  • Infant Care Act, Article 11
  • Infant Care Act, Article 13
  • Infant Care Act, Article 15
  • Infant Care Act, Article 15-2
  • Infant Care Act, Article 15-3
  • Infant Care Act, Article 15-4
  • Infant Care Act, Article 16
  • Infant Care Act, Article 43
  • Infant Care Act, Article 54
  • Enforcement Rule of the Infant Care Act, Article 5
  • Enforcement Rule of the Infant Care Act, Article 9
  • Enforcement Rule of the Infant Care Act, Article 11
  • Enforcement Rule of the Infant Care Act, Annex 1

Checked against the statutes on

Statutes and public notices change, so each case needs to be checked individually. Statute titles are given in English for reference. The Korean statutes are the authoritative text.

Check these first

  • CCTV footage must be kept for at least 60 days, and using a recording function or manipulating cameras to film other places is punishable by imprisonment of up to 3 years or a fine of up to 30,000,000 won.
  • Before signing a lease, check the building use, the floor for the childcare rooms, and the 50m distance from hazardous facilities. If the building turns out not to meet the standards after signing, approval will be difficult.

Frequently asked questions

What is the difference between a home daycare center and a private daycare center?
Capacity and location differ. A home daycare center is set up by an individual in a home or similar place and serves 5 to 20 children at all times, while a private daycare center must have facilities for 21 or more children. For both, the debt ratio on the land and building used must be below 50%.
Can a daycare center be set up on the 2nd floor?
Yes, under conditions. Childcare rooms are in principle on the ground floor, but exceptions apply, such as using an entire building as one daycare center with childcare rooms from the 1st to the 5th floor, or placing a workplace daycare center on the 5th floor or below. When the entire building is used, infant rooms are placed on the ground floor first, and the 2nd and 3rd floors need evacuation facilities such as emergency stairs or evacuation slides for children.
What happens if I operate like a daycare center without approval?
It is a criminal offense. Using the name of a daycare center or effectively operating one without establishment approval is punishable by imprisonment of up to 1 year or a fine of up to 10,000,000 won. The same applies to obtaining approval or change approval by false or fraudulent means.
Are there areas where daycare approval is hard to obtain?
There can be. Article 13, Paragraph 2 of the Infant Care Act requires the city, county or district to consider local childcare demand when granting approval, and these offices set childcare plans that include daycare supply and demand plans. It is therefore safer to check the local supply situation before signing for a building.
Can an administrative agent handle a daycare center establishment approval application?
Yes. Hwang Yunsang Administrative Office reviews the facility standards and building use, prepares the daycare center approval application, operation plan and childcare staff recruitment plan, organizes attachments such as the floor plan and files them with the city, county or district on your behalf, and prepares change approval applications.

Contact us

Hwang Yunsang Administrative Office in Songdo, Incheon prepares and submits administrative documents and explains the procedure. If your situation is similar, send us a message.

📍 2697, 26F POSCO Tower-Songdo, 165 Convensia-daero, Yeonsu-gu, Incheon, Republic of Korea · 📞 010-3374-2687 · 🌐 hwangadmin.com

This guide is general information based on public sources. Requirements, documents and deadlines differ by case and by the competent agency, so please confirm them before you proceed.