[Danbi Fact Check] Verifying the legality of criminal background checks when hiring a nanny between private individuals

Online community

"Isn't it illegal to demand a criminal background check certificate (from a nanny job seeker)?" (Apr. 9, 2026 / DC Inside)

Source material: 'DC Inside' Isn't this illegal?

[Reason for verification]

On April 28, a post was uploaded to the Danggeun Market (Karrot) gallery on DC Inside raising the question, "Isn't it illegal to demand a criminal background check certificate?" regarding a Danggeun Market user who had required such a certificate while looking for a nanny. A similar question was raised on Blind on March 18. The person raising it likewise quoted a Danggeun Market user's job posting and responded, "Isn't demanding a criminal background check certificate itself a criminal act?"

With advances in information and communications technology, more and more people are finding babysitters (nannies) through private, person-to-person hiring on online platforms. While it is convenient for individuals to be able to find a nanny directly, since it involves entrusting someone with childcare, they may also feel anxious about whether the job seeker's background is clear. As individuals without sufficient legal knowledge take on hiring directly, new legal issues arise over what, and how much, an employer can demand of a job seeker. This article examines the legality of an individual demanding a criminal background check certificate when hiring a nanny.

[Fact check summary]

- Under Article 6, Paragraph 3 of the Act on the Lapse of Criminal Sentences (hereinafter the 'Criminal Sentence Lapse Act'), no one is permitted to obtain another person's criminal record data except in cases prescribed by law.

- Heads of child- and juvenile-related institutions that hire nannies and the like have both the duty and the authority, under the Act on the Protection of Children and Juveniles Against Sexual Offenses (Article 56, Paragraph 5) and the Child Welfare Act (Article 29-3, Paragraph 5), to check for sex crimes and child abuse-related crimes at the time of hiring.

- However, this duty and authority are not granted to everyone who hires a nanny; only institutions meeting the legal requirements and qualifications may check an employee's criminal record.

- When hiring a nanny through an online platform or the like, an individual, as opposed to an institution, does not have the legal status of a child- and juvenile-related institution and is therefore not granted the authority to check criminal records.

- An individual's act of demanding criminal record data from a nanny may be unlawful because it can actually lead to an exchange of criminal record data. However, the core conduct directly prohibited by the Criminal Sentence Lapse Act is the acquisition and use of criminal record data, and experts' legal interpretations differ as to whether the act of demanding it is itself unlawful.

- The claim under review, "It is illegal to demand a criminal background check certificate," is generally consistent with the facts, but there is an omission of context in that the conduct directly tied to illegality is the acquisition and use of criminal record data rather than the demand itself. Danbi News therefore rates the claim 'mostly true.'

[Verification method]

- We examined the Criminal Sentence Lapse Act to identify the cases in which a criminal record inquiry and the acquisition of criminal record data are permitted.

- We examined the Personal Information Protection Act to confirm whether criminal record data constitutes sensitive information.

- We examined the Act on the Protection of Children and Juveniles Against Sexual Offenses to determine whether child- and juvenile-related institutions have a duty to check an employee's sex crime record at the time of hiring.

- We examined the Child Welfare Act to determine whether child- and juvenile-related institutions have a duty to check an employee's record of child abuse-related crimes at the time of hiring.

- We examined the Act on the Protection of Children and Juveniles Against Sexual Offenses and the Child Welfare Act to determine the legal requirements for child- and juvenile-related institutions that are qualified and obligated to check an employee's record of sex crimes and child abuse-related crimes.

- We asked lawyers about the legality of demanding and obtaining criminal record data when hiring a nanny between private individuals.

[Verification details]

On April 28, a post titled "Isn't this illegal?" was uploaded to the Danggeun Market gallery on DC Inside. The post quoted a screenshot of a Danggeun Market job listing seeking someone to look after an 18-month-old girl at home. According to the screenshot, the poster of the job listing required a criminal background check certificate as a submission document. The DC Inside user raised the question, "Isn't it illegal to demand a criminal background check certificate?"

Why do people want to check a nanny's criminal record even though it may violate the law? Gu Gyeong-ri (25), who is raising a kindergarten-aged child in Busan, said, "Even if it is only for a short while, entrusting your child to someone outside the family makes you anxious," adding, "If I could check for a record of sex crimes or other offenses for safety reasons, I would want to." Jang Eun-jin (50), who lives in Daegu, said, "I sometimes look after my 5-year-old nephew who lives near my home," and added, "With incidents and accidents so frequent, if I had to leave a child with someone for a long period, not just an hour or two or for pickup and drop-off, I would want to check their criminal record too."

◯ Checking another person's 'criminal record data' is not permitted in principle

What is a criminal background check certificate? Although the term is commonly used in everyday life, no document issued by a government agency under the name 'criminal background check certificate' actually exists. What is usually called a criminal background check certificate corresponds to 'criminal record data' or 'investigation record data' under the Act on the Lapse of Criminal Sentences (hereinafter the 'Criminal Sentence Lapse Act'), and the official document issued for it is the 'Criminal and Investigation Record Report.' Article 2, Subparagraph 5 of the Criminal Sentence Lapse Act defines the scope of 'criminal record data' as data containing information on sentences or dispositions such as ▲ sentences of a fine or heavier, exemptions from sentence, and suspended sentences ▲ protective custody, custodial treatment, and probation ▲ revocation of a suspended sentence ▲ cancellation of a stay of execution ▲ confiscation, collection of equivalent value, community service orders, and orders to attend lectures imposed together with a sentence of a fine or heavier. The Criminal and Investigation Record Report contains virtually everything about an individual's criminal history. Anyone who wants to check their own criminal record can obtain it through the Korean National Police Agency's criminal record report issuance system.

Inquiring into, using, or obtaining criminal record data on another person is not permitted in principle. Article 1 of the Criminal Sentence Lapse Act states its legislative purpose as 'guaranteeing the normal return of ex-offenders to society by setting standards for the management of criminal records and investigation record data.' Attorney Shin Dong-woo of DAEON Law Firm explained, "The purpose (of this Act) is to protect the social legal interest of ex-offenders' reintegration into society by ensuring that an individual's criminal record is not disclosed indiscriminately." Attorney Choi Ji-young of Law Firm Beopseung also stressed, "The legislative purpose of the Criminal Sentence Lapse Act is to guarantee ex-offenders' return to society by restricting the inquiry, use, and acquisition of criminal record data by unauthorized persons." Attorney Chae Da-eun of Law Firm Hanjoong explained, "There are broadly two legal interests the Criminal Sentence Lapse Act seeks to protect. The first is the right to informational self-determination, so that sensitive personal information such as criminal records is not unnecessarily disclosed or circulated, and the second is the guarantee of reintegration, so that ex-offenders can lead normal social lives without being stigmatized."

Criminal record data is classified as sensitive information. Article 18 of the Enforcement Decree of the Personal Information Protection Act defines the scope of sensitive information, and Subparagraph 2 expressly lists 'criminal record data.'

◯ Child- and juvenile-related institutions must conduct a 'criminal record inquiry' when hiring

The story is different, however, when a child- and juvenile-related institution hires someone. It must check the employee's record of sex crimes and child abuse-related crimes. Nannies and childcare workers employed by childcare service providers or public childcare centers are also subject to criminal record checks. The purpose of this system is to protect children and juveniles from sex crimes and child abuse-related crimes.

Article 6, Paragraph 1 of the Criminal Sentence Lapse Act sets out the exceptional cases in which another person's criminal record data may be obtained or checked. Under that provision, obtaining or checking another person's criminal record data is permitted when necessary for a criminal investigation or trial, when necessary for the naturalization or residence permit of a foreign national, when necessary for the appointment of public officials and military personnel, and in other cases where another statute provides for a criminal record inquiry or investigation record inquiry and notification of the results. The reason child- and juvenile-related institutions can check an employee's criminal record is precisely that this falls under the exceptions in individual statutes recognized by the Criminal Sentence Lapse Act.

The head of a child- and juvenile-related institution must, during the hiring process, confirm that the employee has no record of sex crimes or child abuse crimes. Article 56, Paragraph 5 of the Juvenile Sex Protection Act and Article 29-3, Paragraph 5 of the Child Welfare Act expressly provide for this. Under these two provisions, there are broadly two ways to check a criminal record. One is for the head of the institution to obtain the employee's consent to a criminal record check and then be notified by the Korean National Police Agency as to whether the person has a record of sex crimes or child abuse-related crimes. The other is for the employee to inquire into their own criminal record and submit the results to the institution. In this case, the head of the institution may require the employee to directly submit criminal record data that allows their record to be verified.

Attorney Chae Da-eun added, "The types of crimes a child- and juvenile-related institution may inquire into under the law are limited to sex crimes against children and juveniles and sex crimes against adults under Article 56 of the Juvenile Sex Protection Act, and child abuse-related crimes under Article 29-3 of the Child Welfare Act, and in all cases the duty to inquire is imposed on the head of the institution." She continued, "By contrast, for ordinary criminal offenses such as theft or assault, even a child- and juvenile-related institution cannot request a criminal record inquiry without a separate legal basis."

However, not every institution or facility engaged in work related to children and juveniles can check job seekers for a record of sex crimes or child abuse crimes. Article 56 of the Juvenile Sex Protection Act and Article 29-3 of the Child Welfare Act impose the duty to inquire into sex crime and child abuse crime records when hiring or assigning staff only on child- and juvenile-related institutions that are authorized, licensed, reported, or registered under the law, such as kindergartens, daycare centers, private academies, child welfare facilities, and youth training facilities. Only public and private institutions established within the scope defined by law have the duty to check criminal records and the corresponding authority.

The Child Care Support Act has likewise governed institutions carrying out public childcare support programs, and from April 2026 it also brought into the regulated system private childcare service providers that meet certain facility and staffing standards and liability insurance requirements and have registered with local governments. Whether public or a registered private provider meeting these requirements, any entity operating childcare services on a legal basis is subject, under the Child Care Support Act, to the legal grounds for criminal record inquiries on childcare personnel and to its management and supervision framework.

By contrast, facilities and institutions that have not gone through legal procedures, such as unregistered academies, unreported study rooms, and unlicensed childcare rooms, do not qualify as child-related institutions or childcare service providers under the Juvenile Sex Protection Act, the Child Welfare Act, or the Child Care Support Act, even if their work involves children and juveniles. These facilities are used as a practical childcare alternative by dual-income families and others, but they have neither the legal duty nor the authority to inquire into sex crime or child abuse crime records, and they fall outside the scope of the public safeguards designed on that premise.

◯ Can an individual also demand 'criminal record data' when looking for a nanny?

With advances in information and communications technology, it has become common to find a nanny person-to-person through platforms. Is it legally possible for an individual who is not the head of a child- and juvenile-related institution subject to the law to demand criminal record data when hiring a nanny?

A recent post on Danggeun Market shows that opinions were divided even among platform users. On a post titled 'Is it illegal to demand a criminal background check certificate between individuals?', some commented, "Since the work involves minors, there is a basis for requiring submission," and "If the job involves children, it's only natural to ask for a check on child abuse and sex crime records," while others commented, "It's illegal," and "Doesn't it not apply since this is private employment?"

A post uploaded around March to Danggeun Market's 'Neighborhood Life' community and the comments on it. Opinions are divided over whether it is illegal to require the submission of criminal record data when hiring a nanny between private individuals. Screenshot from the Danggeun Market community

A post uploaded around March to Danggeun Market's 'Neighborhood Life' community and the comments on it. Opinions are divided over whether it is illegal to require the submission of criminal record data when hiring a nanny between private individuals. Screenshot from the Danggeun Market community

An individual hiring a nanny on a platform such as Danggeun Market cannot demand and receive a criminal background check certificate. Such conduct may violate the Criminal Sentence Lapse Act, the Personal Information Protection Act, and other laws. Attorney Lee Seung-woo of Law Firm Jeonghyang explained, "Demanding criminal record data when hiring between individuals on Danggeun Market may violate Article 6, Paragraph 3 of the Criminal Sentence Lapse Act or Article 23 of the Personal Information Protection Act." Article 6, Paragraph 3 of the Criminal Sentence Lapse Act stipulates that no one may obtain criminal record data or investigation record data for the purpose of using it for any purpose other than those prescribed by statute. Article 23 of the Personal Information Protection Act concerns restrictions on the processing of sensitive information.

Attorney Song Jae-bin of Law Firm Veteran explained, "In principle, requiring a criminal record check during the hiring process is not allowed." He said, "Except in the exceptional cases prescribed by law, one cannot require a criminal record check," adding, "Whether it is a private individual hiring a babysitter or a private company hiring employees, requiring a criminal record check is problematic even with the consent of the person concerned."

Attorney Ahn Jun-hyung of Law Firm Jihyeok explained, "If you actually obtain a copy of your criminal record data, it says at the bottom of the document, 'Use for any other purpose is prohibited,'" adding, "That means one cannot require a criminal record check except in the exceptional cases prescribed by law." He said, "In principle, demanding criminal record data itself is not allowed, whether for a private individual hiring a babysitter or a private company hiring employees," and added, "The intent of the law from the outset is to prevent the demand itself, not to permit an exchange with consent."

Some experts, however, said that while demanding criminal record data is not itself grounds for punishment, actually obtaining it is the problem. Attorney Shin Dong-woo of DAEON Law Firm distinguished between 'demanding' and 'obtaining,' saying, "Demanding criminal record data is not itself established as grounds for punishment, but if the acquisition of criminal record data actually takes place, it may be unlawful." On the illegality of acquisition, Attorney Shin explained, "If a job seeker actually submits criminal record data issued for personal verification, merely receiving that data constitutes 'acquisition for another purpose,' and the job seeker is guilty of 'use for another purpose.'"

Attorney Choi Ji-young of Beopseung also said, "Whether the act of requiring the submission of criminal record data in a job posting itself contravenes the Criminal Sentence Lapse Act is open to dispute." However, Attorney Choi, like the other lawyers, took the view that the act of obtaining the data may be unlawful, saying, "If another person's criminal record data is actually obtained pursuant to such a demand, it may violate Article 6, Paragraph 3 and Article 10, Paragraph 2 of the Criminal Sentence Lapse Act, among others, and the person who submitted it also contravenes Article 6, Paragraph 4 of the same Act."

Attorney Chae Da-eun also explained that the conduct prohibited under the Criminal Sentence Lapse Act lies in 'acquisition' and 'use' rather than in the 'demand' itself. Attorney Chae said, "The Criminal Sentence Lapse Act contains no provision that directly punishes the act of requiring the submission of criminal record data," adding, "It is difficult to regard merely writing 'submission of a criminal background check certificate required' in a job posting as a violation of the Act." However, she added, "If the demand actually leads to submission, a violation of the Criminal Sentence Lapse Act may arise for both the submitter (job seeker) and the recipient (employer)."

Attorney Chae said, "A job seeker's act of obtaining their own criminal record data is itself lawful under Article 6, Paragraph 1, Subparagraph 4, but if it is obtained from the outset for the purpose of submission for hiring screening, it may constitute acquisition for use for a purpose other than the personal verification purpose permitted under Article 6, Paragraph 1." She added, "If the employer uses the submitted criminal record data for purposes other than hiring screening or provides it to a third party, an additional issue of violating Article 6, Paragraph 4 of the Criminal Sentence Lapse Act may also arise."

The opinions of six experts on an individual demanding and obtaining criminal record data. Graphic by Kim Yeo-jin

The opinions of six experts on an individual demanding and obtaining criminal record data. Graphic by Kim Yeo-jin

Of the six lawyers from whom Danbi News sought legal interpretations, on the question of whether an individual may demand criminal record data when hiring a nanny in a personal capacity, three said that in light of the Criminal Sentence Lapse Act the demand itself may be unlawful, two said that "the act of demanding alone is not established as grounds for punishment," and one said it is "open to dispute." However, all six agreed without dissent that an individual's obtaining another person's criminal record data is unlawful. Even if it took place by agreement between the individual parties, the recipient (employer) commits the 'acquisition for another purpose' prohibited by law, and the provider (job seeker) commits 'use for another purpose.'

○ The 'Childcare Worker Certificate': a lawful way to verify criminal history

So is there no lawful way at all for an individual to check for a criminal history when hiring a nanny? There is a way: checking whether the person holds a 'Childcare Worker Certificate.'

The national childcare worker certification system is a newly launched program that took effect on April 23 of this year. Kim Chae-min, a staff member of the Certification Operations Team in the Child Care Services Division at the Korea Institute for Healthy Family, explained the purpose of the system: "It is a system that improved the management framework in recognition of the anxiety parents feel about childcare provided in the private sector," adding, "The goal is to ensure the professionalism of childcare workers on the basis of an officially recognized certificate and to provide safer childcare services."

To obtain a Childcare Worker Certificate, one must complete 160 hours of in-person training at an educational institution recognized by the Ministry of Gender Equality and Family. As of this year, there are a total of 71 childcare worker training institutions nationwide. In addition to the in-person training, 16 hours of online training must also be completed. The 'KIHF Education Platform,' operated by the Korea Institute for Healthy Family, provides the online childcare worker training.

After the training course is completed, the Korea Institute for Healthy Family checks for disqualifying factors, including criminal records. Under Article 6 of the Child Care Support Act, persons with a record of sex crimes or child abuse-related crimes, persons with mental illness, and persons addicted to psychotropic drugs are all regarded as disqualified. Obtaining a Childcare Worker Certificate therefore effectively means having passed a criminal record check. Song Jin-woo, a deputy director in the Child Care Support Division of the Family Policy Bureau at the Ministry of Gender Equality and Family, said, "During the certification process, we verify everything, including criminal record inquiries and drug-related health examinations," adding, "A certificate holder can effectively be regarded as having completed the verification process for these matters."

Anyone hiring childcare personnel can ask the job seeker to show a 'Childcare Worker Certificate,' and its authenticity can be easily verified. Deputy Director Song explained, "A QR code is issued along with the certificate so that anyone can easily verify its authenticity," adding, "It makes it possible to lawfully confirm, in effect, whether there is a criminal history without demanding criminal record data." As of the 3rd of this month, approximately 2,700 certificates had been issued.

◯ Job postings demanding criminal record data: how far does platform responsibility go?

Taking our reporting together, platforms likewise cannot demand criminal record data for individual job postings, and it is not currently possible for an employer to require a platform to disclose a nanny's criminal record. This is because a platform is a business registered as a job information provider, mail-order business, or the like, and is not a child- and juvenile-related institution with the authority to require a criminal background check certificate. Han Seung-su, a manager at Danggeun Market, explained, "Verification of an individual's criminal record is possible only by institutions granted authority under the relevant laws, so a platform cannot legally collect or store such information."

Even if someone posts a job listing demanding criminal record data, it is difficult to hold the platform legally responsible. Attorney Shin Dong-woo of DAEON Law Firm responded on this point, "The governing provisions are ambiguous, so it would be difficult to hold the platform legally liable."

Regarding a platform operator (such as Danggeun Market) leaving such job postings unaddressed, Attorney Chae Da-eun of Law Firm Hanjoong explained, "There is no direct penalty provision under the Criminal Sentence Lapse Act," adding, "However, an issue of indirect responsibility could be raised in connection with the duty to prevent the circulation of illegal information under the Act on Promotion of Information and Communications Network Utilization and Information Protection, but at present it is difficult to say definitively."

Attorney Choi Ji-young of Law Firm Beopseung explained, "If a platform operator is aware of an unlawful hiring condition such as 'submission of a criminal background check certificate required' and nevertheless leaves it in place or encourages it, the question of whether it constitutes aiding and abetting could theoretically arise," adding, "However, since the platform operator's intent would have to be proven to establish that, the likelihood of punishment in practice is low."

[Verification result]

Obtaining another person's criminal record data is not permitted in principle under the Criminal Sentence Lapse Act. This is because if the practice of checking individuals' criminal records were to spread throughout society, ex-offenders could not be free from negative perceptions such as stigma, and their normal return to society could become difficult.

However, the Criminal Sentence Lapse Act provides exceptions under which another person's criminal record data may be checked or obtained. The scope of the exceptions follows what the Act itself directly prescribes or what is prescribed in other statutes. When a registered institution providing childcare services hires a nanny or childcare worker, it has a duty under the Act on the Protection of Children and Juveniles Against Sexual Offenses and the Child Welfare Act to check for a history of sex crimes and child abuse-related crimes. This is to protect children from crime, and the institution must either obtain the employee's consent to a criminal record check and be notified of the results by the Korean National Police Agency, or the individual must obtain their own criminal record data and submit it to the institution.

Unlike institutions, however, an individual seeking a nanny on an online platform or the like has no legal standing to check a job seeker's criminal record. Because an individual has not acquired the legal status of a child- and juvenile-related institution, they are not granted the duty or authority to check criminal histories under the Act on the Protection of Children and Juveniles Against Sexual Offenses and the Child Welfare Act.

In response to the online view that even an individual should be able to run a criminal record inquiry because they are hiring a nanny who must protect a child, all six lawyers from whom Danbi News sought legal interpretations said that exchanging criminal record data is unlawful. They said that even if it took place by agreement between the individual parties, if criminal record data was exchanged, the recipient (employer) commits the 'acquisition for another purpose' prohibited by law and the provider (job seeker) commits 'use for another purpose,' so there may be a violation of the law. As for merely demanding the data without actually obtaining it, some lawyers viewed it as a violation, saying "the intent of the law from the outset is to prevent the demand itself," while others expressed the opinion that it is "open to dispute."

It is not the case that an individual has no way at all to verify criminal record data when hiring a nanny. By requiring a 'national Childcare Worker Certificate,' one can lawfully confirm whether the person has a record of sex crimes or child abuse-related crimes. The national Childcare Worker Certificate is granted to those who have completed childcare-related training and have had their criminal record checked. Checking whether someone holds the certificate therefore has practically the same effect as checking for a record of sex crimes or child abuse-related crimes.

Taking our reporting together, an individual's act of demanding criminal record data from a nanny can actually lead to an exchange (submission and acquisition) of criminal record data, and in light of the legislative purpose of the Criminal Sentence Lapse Act, demanding criminal record data is not permitted in principle. The statement "It is illegal to demand a criminal background check certificate" is therefore mostly grounded in fact. However, the core conduct directly prohibited by the Criminal Sentence Lapse Act is the acquisition and use of criminal record data, and experts' legal interpretations differed as to whether the act of demanding it is itself unlawful. Since the conduct directly tied to illegality lies in the acquisition and use of criminal record data rather than in the demand itself, the claim under review, "It is illegal to demand a criminal background check certificate," is generally consistent with the facts but involves a minor omission of context. Danbi News therefore rates the claim 'mostly true.'