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ACT ON WELFARE SUPPORT FOR CHILDREN WITH DISABILITIES

Act No. 11009, Aug. 4, 2011

Amended by Act No. 11141, Dec. 31, 2011

Act No. 11858, jun. 4, 2013

Act No. 13323, May 18, 2015

Act No. 14004, Feb. 3, 2016

Act No. 14332, Dec. 2, 2016

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to enable the State and local governments to collaborate their assistance to suit disabled children's specific welfare needs so that disabled children can grow up healthily in a stable home life and actively correlate in society, and to lessen the burden on disabled children's families.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "disabled children" means persons under the age of 18 registered as persons with disabilities pursuant to Article 32 of the Act on Welfare of Persons with Disabilities: Provided, That persons otherwise recognized as disabled by the Minister of Health and Welfare, among children under the age of 6, shall be included herein;
2. The term "caregiver of a disabled child" (hereinafter referred to as "caregiver") means a person with parental rights, a guardian, a person who protects, nurtures, and educates a disabled child, or assumes a duty for such protection, nurture, and education, or a person who actually protects and supervises a disabled child due to affairs or employment reasons;
3. The term "welfare support for disabled children" means that the State and local governments provide various resources of personnel and materials, such as medical subsidies, childcare assistance, assistance to their families, and assistance necessary for the growth of disabled children, according to their specific welfare needs;
4. The term "welfare assistance recipient" means a person entitled to welfare support provided for in this Act;
5. The term "welfare assistance voucher for a disabled child" (hereinafter referred to as "welfare assistance voucher") means a certificate that states (including records kept in electronic or magnetic form) the extent of welfare support to which a user can obtain by presenting the voucher to a service provider, in whatsoever name or form the voucher may be, or the amount of money equivalent to such welfare support: Provided, That childcare subsidies provided for in Article 22 (1) shall be substituted with a coupon for nursing service provided for in Article 34-3 of the Infant Care Act.
 Article 3 (Basic Principles)
(1) Top priority shall be placed on benefits to disabled children in all activities for disabled children.
(2) A disabled child's right to express his/her opinion on all activities that have an impact on him/her shall be guaranteed to the utmost extent.
 Article 4 (Rights of Disabled Children)
(1) Disabled children shall be protected from abuse, abandonment, exploitation, confinement, violence, etc. in any form.
(2) A disabled child shall be nurtured by parents and shall be raised in a stable family environment.
(3) A disabled child shall be provided with education appropriate for developing his/her character, and mental and physical capabilities to the utmost.
(4) A disabled child shall be provided with assistance in medical treatment and welfare so that he/she can maintain the best possible physical condition and enjoy a happy daily life.
(5) A disabled child shall be provided with opportunities to enjoy recreation and leisure, and participate in activities for entertainment, culture, and art.
(6) A disabled child shall be provided with opportunities for education and training to improve abilities to communicate, make decisions on his/her own, and advocate his/her rights.
 Article 5 (Relationship to other Acts)
This Act shall take precedence over other Acts with regard to welfare support for disabled children.
CHAPTER II MISSIONS OF STATE AND LOCAL GOVERNMENTS
 Article 6 (Missions of State and Local Governments)
The State and local governments shall conduct the following affairs in order to provide appropriate welfare support to disabled children:
1. Providing welfare assistance measures for disabled children and their families;
2. Researching and developing welfare assistance programs for disabled children;
3. Providing awareness for early detection of disabilities;
4. Establishing a system for providing welfare support;
5. Managing and supervising the supply and demand of welfare assistance vouchers and their use;
6. Other affairs deemed necessary to provide welfare support for disabled children and their families.
 Article 7 (Deliberation on Welfare Support for Disabled Children)
(1) Matters regarding the revision of major policies provided for in Article 6 shall be subject to deliberation by the Policy Coordination Committee for Persons with Disabilities provided for in Article 11 of the Act on Welfare of Persons with Disabilities.
(2) Major issues with regard to affairs of a local government provided for in Article 6 shall be subject to deliberation by a competent local policy coordination committee for persons with disabilities provided for in Article 13 of the Act on Welfare of Persons with Disabilities.
 Article 8 (Central Support Center for Disabled Children)
(1) The Minister of Health and Welfare may establish and operate a central support center for disabled children in order to conduct the following affairs:
1. Surveys and research on welfare support for disabled children;
2. Evaluation of local support centers for disabled children provided for in Article 9 and assistance in operating such centers;
3. Provision of information and data about policies on welfare support for disabled children;
4. Development of support programs for each type of disability of disabled children;
5. Operational assistance for institutions providing assistance to families provided for in Article 23 (2) and the evaluation of such institutions;
6. Collection and provision of information about local support centers for disabled children, institutions providing welfare support (hereinafter referred to as "welfare support institutions"), and other institutions involved in providing welfare support;
7. Other affairs the Minister of Health and Welfare deems necessary.
(2) The Minister of Health and Welfare may entrust the operation of the central support center for disabled children provided for in paragraph (1) to a public institution provided for in Article 4 of the Act on the Management of Public Institutions.
(3) Other matters necessary for the establishment and operation of the central support center for disabled children shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 9 (Local Support Centers for Disabled Children)
(1) A Special Self-governing Province Governor or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter referred to as "the head of a Si/Gun/Gu") may establish a local support center for disabled children (hereinafter referred to as "local center") in the Special Self-governing Province or Si/Gun/Gu (Gu means an autonomous Gu; hereinafter the same shall apply):
1. Awareness for early detection of disabilities;
2. Provision of information and data about welfare assistance programs for disabled children;
3. Coordination between welfare support institutions for disabled children and their families;
4. Management of cases of disabled children;
5. Counseling services and education for families to assist disabled children and their families;
6. Other affairs that the head of a Si/Gun/Gu entrusts or deems necessary.
(2) The head of a Si/Gun/Gu may establish and operate a local center combining neighboring areas, taking into consideration the size of areas and the number of disabled children.
(3) If necessary to facilitate a local center in conducting affairs, the head of a competent Si/Gun/Gu may subsidize the local center for expenses incurred in operation.
(4) The head of a Si/Gun/Gu may entrust the operation of a local center to a public institution provided for in Article 4 of the Act on the Management of Public Institutions.
(5) Other matters necessary for the establishment and operation of local centers shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 10 (Coordination and Cooperation with Relevant Institutions or Organizations)
(1) For the efficient provision of welfare support, local centers shall establish a system for the coordination and cooperation with the following institutions or organizations: <Amended by Act No. 11858, Jun. 4, 2013; Act No. 13323, May 18, 2015>
1. Nursery schools defined in Article 32;
2. Welfare facilities for persons with disabilities defined in Article 58 of the Act on Welfare of Persons with Disabilities;
3. Welfare facilities for children defined in Article 50 of the Child Welfare Act;
4. Kindergartens defined in subparagraph 2 of Article 2 of the Early Childhood Education Act;
7. Medical institutions defined in Article 3 of the Medical Service Act;
8. Public health and medical institutions defined in subparagraph 2 of Article 2 of the Public Health and Medical Services Act;
9. Public health clinics defined in Article 10 of the Regional Public Health Act;
11. General childcare support centers defined in Article 7 of the Infant Care Act;
12. Other institutions or organizations related to welfare support.
(2) For efficient provision of welfare support, the head of the relevant Si/Gun/Gu shall endeavor to coordinate and cooperate with local centers and the institutions or organizations referred to in each subparagraph of paragraph (1).
 Article 11 (Surveys on Actual Status of Welfare Support for Disabled Children)
(1) The Minister of Health and Welfare shall survey the actual status of welfare support for disabled children and their families every three years.
(2) A survey on the actual status provided for in paragraph (1) may be conducted and included in a survey conducted pursuant to Article 31 of the Act on Welfare of Persons with Disabilities on the actual status of persons with disabilities.
CHAPTER III PROCEDURES FOR SELECTING CANDIDATES FOR WELFARE ASSISTANCE AND PROVISION OF WELFARE SUPPORT
 Article 12 (Early Detection of Disabilities)
(1) If the head of a Si/Gun/Gu provides medical checkups to and vaccinates infants pursuant to Article 52 of the National Health Insurance Act, Article 14 of the Medical Care Assistance Act, or Article 10 (1) of the Mother and Child Health Act, on a regular basis, he/she may include screening tests in such checkups and vaccination in order to detect in advance whether an infant has a disability. <Amended by Act No. 11141, Dec. 31, 2011>
(2) The State and local governments shall inform people of the importance of early detection of disabilities through various media, such as broadcasting, newspapers, and the Internet.
 Article 13 (Application for Welfare Assistance)
(1) A disabled child or his/her caregiver may file an application for welfare support provided for in this Act with the head of a competent Si/Gun/Gu: Provided, That childcare assistance provided for in Article 22 shall be governed by Article 34-4 of the Infant Care Act.
(2) A disabled child or his/her family members (referring to members of a family defined in subparagraph 7 of Article 2 of the National Basic Living Security Act; hereinafter the same shall apply) shall submit written consent to provide the following data and information, as prescribed by Presidential Decree, when they file an application for welfare support pursuant to paragraph (1):
1. The average balance of bank deposits and other data or information specified by Presidential Decree (hereinafter referred to as "financial information"), among data or information about details of financial assets and financial transactions defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality;
2. The amount of debts and other data or information specified by Presidential Decree (hereinafter referred to as "credit information"), among credit information defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act;
3. The amount of insurance premiums paid for insurance defined in any subparagraph of Article 4 (1) of the Insurance Business Act and other data or information specified by Presidential Decree (hereinafter referred to as "insurance information").
(3) Matters necessary for the method and procedure for filing an application for welfare support pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Matters necessary for the method and procedure for providing consent pursuant to paragraph (2) shall be prescribed by Presidential Decree.
 Article 14 (Selection of Candidates for Welfare Assistance)
(1) Upon receipt of an application filed for welfare support pursuant to Article 13 (1), the head of a competent Si/Gun/Gu shall examine whether the applicant is eligible for welfare support, considering the income and property of the applicant's family, the degree of disability, particulars of the applicant's family, etc., as prescribed by relevant statutes.
(2) The head of a Si/Gun/Gu shall determine whether to select an applicant as a candidate for welfare assistance, the scope of welfare support, the amount of the welfare assistance voucher, etc. within 30 days and shall notify the applicant for welfare support, of his/her determination immediately.
 Article 15 (Provision of Financial Information, etc.)
(1) When the Minister of Health and Welfare intends to select an applicant as a candidate for welfare assistance, upon receipt of an application filed pursuant to Article 14, he/she may request the head of a finance company or other relevant institution defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or a credit information collection agency defined in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act (hereinafter referred to as "finance company or other relevant institution") to provide financial information, credit information, or insurance information (hereinafter referred to as "financial or other relevant information") about the disabled child and his/her family members with documentation prepared by converting written consent submitted by the disabled child and his/her family members pursuant to Article 13 (2) into an electronic format, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(2) If the Minister of Health and Welfare deems it necessary to verify the eligibility of welfare assistance pursuant to Article 13 (2), he/she may request the head of a finance company or other relevant institution to provide financial or other relevant information about a disabled child and his/her family members, with a document (including an electronic document) stating personal information pursuant to guidelines prescribed by Presidential Decree, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(3) Upon receipt of a request for financial or other relevant information pursuant to paragraph (1) or (2), the head of a finance company or other relevant institution shall provide the financial or other relevant information about the persons involved, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(4) When the head of a finance company or other relevant institution provides financial or other relevant information pursuant to paragraph (3), he/she shall notify the involved persons, of the fact that such information is provided: Provided, That such notification may be omitted if involved persons consent thereto, notwithstanding Article 4 (2) 1 of the Act on Real Name Financial Transactions and Confidentiality and Article 35 of the Credit Information Use and Protection Act.
(5) Request to provide financial or other relevant information and provision of such information pursuant to paragraphs (1) through (3) shall be made through an information communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.: Provided, That the foregoing shall not apply where the information communications network is compromised or if it is impractical due to a cause beyond control.
(6) No person who is or was engaged in business specified in any provision of paragraphs (1) through (3) shall use financial or other relevant information acquired while performing his/her duty, for any purpose other than purposes provided for in this Act or provide or divulge such information to any other person or institution.
(7) Matters necessary for request for providing financial or other relevant information and providing such information pursuant to paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.
 Article 16 (Referral to Welfare Support Institutions)
(1) The head of a Si/Gun/Gu shall refer a disabled child selected as a welfare assistance recipient and his/her family to a welfare support institution. Referral to a welfare support institution in such cases may be entrusted to a local center established pursuant to Article 9.
(2) When the head of a Si/Gun/Gu refers a welfare assistance recipient to a welfare support institution. he/she shall provide the welfare assistance recipient with relevant information about hours during which welfare support is provided, the method of welfare support, the allocation of expenses, etc.
(3) Matters necessary for referral of a welfare assistance recipient to a welfare support institution shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 17 (Formulation of Individual Support Plan)
(1) The head of a Si/Gun/Gu may formulate an individual support plan in order to provide welfare support appropriate for each disabled child. The head of a Si/Gun/Gu may entrust a local center provided for in Article 9 with the formulation of such plan.
(2) When the head of a Si/Gun/Gu intends to formulate an individual support plan, he/she may seek advice from parents, personnel who provide welfare support, welfare-related experts, etc.
(3) Matters necessary to formulate and implement an individual support plan pursuant to paragraphs (1) and (2) and to seek advice on such plan shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 18 (Protection of Individual Information about Disabled Children and their Families)
(1) The head of a Si/Gun/Gu and the head of an institution to which affairs are entrusted pursuant to Article 16 (1) or 17 (1) shall take measures necessary to prevent personal information from being lost, stolen, leaked, altered, or damaged while collecting and managing information about disabled children and their families.
(2) No person who is or was engaged in providing welfare support shall divulge personal information learned by such person about a disabled child and/or his/her family in the course of performing such person's duty, without consent from the caregiver of such child, process such information without any authority, provide such information to another person to use it, or use such information for an unlawful purpose.
CHAPTER IV DETAILS OF WELFARE SUPPORT
 Article 19 (Medical Subsidies)
(1) The State and local governments may provide disabled children with medical subsidies so that they are able to meet their medical needs.
(2) Any medical subsidies provided for in paragraph (1) shall be provided by subsidizing a disabled child for an amount charged on the disabled child, among expenses incurred in medical services provided pursuant to the National Health Insurance Act and the Medical Care Assistance Act.
(3) Matters regarding persons eligible for medical subsidies provided for in paragraph (1), the guidelines for medical subsidies, and the scope and method of medical subsidies shall be governed by Article 36 of the Act on Welfare of Persons with Disabilities.
 Article 20 (Provision of Assistive Devices)
(1) The State and local governments may provide, lend, or repair assistive devices necessary for disabled children's activities for learning and daily life or may subsidize disabled children for expenses incurred in purchasing or repairing such devices.
(2) Specific matters regarding items and persons eligible for the provision of assistive devices provided for in paragraph (1) and the guidelines and method for providing such devices shall be governed by Article 66 of the Act on Welfare of Persons with Disabilities.
 Article 21 (Developmental Rehabilitation Services)
(1) The State and local governments may provide developmental rehabilitation services appropriate for improving disabled children's functions for cognition, communication, adaptive behavior, perception, motion, and behavioral development (hereinafter referred to as "developmental rehabilitation services").
(2) When it is intended to provide developmental rehabilitation services, the type of disability of the relevant disabled child, the degree of his/her disability, the economic capacity of his/her family, and other relevant factors may be taken into consideration in determining the eligibility for developmental rehabilitation services and the scope of such services.
(3) A local government may designate and operate an institution responsible for providing developmental rehabilitation services (hereinafter referred to as "institution providing developmental rehabilitation services"), taking into consideration experience and expertise in providing developmental rehabilitation services, the appropriateness of services provided, etc.
(4) To provide developmental rehabilitation services appropriate for disabled children, an institution providing developmental rehabilitation services shall formulate and implement a plan for developmental rehabilitation services.
(5) If an institution providing developmental rehabilitation services falls under any of the following subparagraphs, the head of a competent local government may revoke the designation of such institution:
1. If a person commits fraud or other misconduct to be designated as an institution providing developmental rehabilitation services;
2. If an institution fails to meet original terms and conditions of designation;
3. If an institution breaches its duty to provide information pursuant to Article 33.
(6) Matters necessary for the guidelines and method for providing developmental rehabilitation services pursuant to paragraphs (1) and (2) and the duration of such services shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(7) Matters necessary for the standards and procedure for the designation of institutions to provide developmental rehabilitation services pursuant to the provisions of paragraphs (3) through (5), the revocation of such designation, the period of validity of designation, and the operation of such institutions shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 22 (Childcare Assistance)
(1) The State and local governments shall subsidize disabled children eligible for the use of nursery schools defined in Article 27 of the Infant Care Act (hereinafter referred to as "disabled infants") for nursery fees, etc. pursuant to Article 34 of the aforesaid Act. <Amended by Act No. 11627, Jan. 23, 2013>
(2) The State or local governments may pay infant care allowances pursuant to Article 34-2 of the Infant Care Act to disabled children who do not use a nursery school defined in Article 10 of the Infant Care Act or a kindergarten defined in subparagraph 2 of Article 2 of the Early Childhood Education Act.
(3) A nursey school for disabled infants defined in Article 32 shall formulate and implement a nursing plan for provision of systematic childcare to disabled infants and their smooth entrance to school and shall place special teachers and infant care teachers for disabled infants, who have qualifications prescribed by Presidential Decree.
(4) The qualification and placement of special teachers and infant care teachers for disabled infants provided in paragraph (2) shall be implemented on a gradual basis, as prescribed by Presidential Decree, taking into consideration the financial situation of the State and each local government and the supply and demand status for teachers.
 Article 23 (Family Assistance)
(1) The State and local governments may provide disabled children's families with family assistance, such as counseling services and assistance, so that they can learn methods suitable for nurturing disabled children and increase their capabilities as a family.
(2) A local government may entrust affairs of family assistance provided for in paragraph (1) to a non-profit corporation, and, if necessary, may subsidize it for expenses incurred therein, within budgetary limits.
 Article 24 (Provision of Services for Care and Temporary Relaxation)
(1) The State and local governments may provide disabled children's families with services for care and temporary relaxation in order to relieve disabled children's families from the day-to-day burden of childcare and assist caregivers to continue their social activities in normal circumstances.
(2) When it is intended to provide welfare support pursuant to paragraph (1), the type and degree of disability of the relevant disabled child, the family's economic capacity for such child, and other relevant factors may be taken into consideration in determining a prospective recipient for welfare support and the scope of welfare support.
(3) Matters necessary for the eligibility for welfare support provided pursuant to paragraphs (1) and (2), and the guidelines and method for providing such welfare support shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 25 (Provision of Services for Adaptation to Community)
The State and local governments shall endeavor to provide disabled children with services for adapting to their community, such as services for housing and practicing jobs, after they attain 18 years of age or graduate from a high school defined in Article 2 of the Elementary and Secondary Education Act or an equivalent school or special department defined in Article 24 of the Act on Special Education for Persons with Disabilities, Etc.
 Article 26 (Welfare Support for Culture, Art, etc.)
In addition to welfare support specified in this Act, the State and local governments shall endeavor to provide as much necessary services to disabled children as possible in the areas of culture, art, sports, education, housing, etc.
 Article 27 (Top Priority Given to Provide Welfare Support for Disadvantaged Families)
The State and local governments may give top priority to provide disabled children who fall under any of the following subparagraphs, and their families (hereinafter referred to as "disadvantaged families"), with welfare support provided for in this Act: Provided, That childcare assistance provided for in Article 22 shall be governed by Article 28 of the Infant Care Act:
1. If the father or mother of a disabled child is a person with any disability defined in Article 2 of the Act on Welfare of Persons with Disabilities;
2. If a family has two or more disabled children;
3. If a disabled child is a child of a single-parent family defined in subparagraph 2 of Article 4 of the Single-Parent Family Support Act;
4. If a disabled child lives separately from his/her parents and his/her grandfather or grandmother is the head of his/her family or actually supports his/her family members;
5. If a disabled child is a child of a multi-cultural family defined in subparagraph 1 of Article 2 of the Multicultural Families Support Act;
6. If a disabled child resides in an island or remote area defined in Article 2 of the Act on the Promotion of Education in Island and Remote Areas;
7. If the Minister of Health and Welfare finds it necessary to provide support preferentially on any other ground.
 Article 28 (Provision of Welfare Support)
(1) Welfare support provided for in this Act shall be provided to each disabled child and his/her family in cash or in kind, according to the purpose of welfare support with regard to each individual case. In such cases, welfare assistance vouchers may be provided instead of welfare support in kind.
(2) The method for providing welfare support and matters necessary for managing welfare support shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 29 (Recovery of Expenses of Welfare Support)
(1) If a person to whom welfare support provided for in this Act is provided falls under any of the following subparagraphs, the State or a local government may fully or partially recover expenses thereof:
1. If a person commits fraud or other misconduct to obtain welfare support;
2. If it is discovered that welfare support has been mistakenly provided;
3. If the ground for welfare support already provided becomes invalid retroactively after welfare support provided for in this Act was provided.
(2) If a person who shall return expenses pursuant to paragraph (1) fails to do so, such expenses shall be recovered in the same manner as delinquent national or local taxes are collected.
CHAPTER V WELFARE SUPPORT INSTITUTIONS, ETC.
 Article 30 (Welfare Support Institutions)
An institution or organization that falls under any of the following subparagraphs may provide disabled children with necessary welfare support:
1. A welfare facility for persons with disabilities provided for in Article 58 of the Act on Welfare of Persons with Disabilities;
2. A welfare facility for children provided for in Article 52 of the Child Welfare Act;
3. A healthy home support center provided for in Article 35 of the Framework Act on Healthy Homes;
4. An institution providing developmental rehabilitation services provided for in Article 21 (3);
5. An institution providing assistance to families provided for in Article 23;
6. A nursery school for disabled infants provided for in Article 32;
7. Other institution or organization that the Minister of Health and Welfare or the head of a local government deems necessary.
 Article 31 (Duties of Welfare Support Institutions)
(1) A welfare support institution shall plan and implement programs suitable for the age and type of disability of each disabled child.
(2) When the head of a welfare support institution is requested by the head of a competent Si/Gun/Gu or a local center to provide welfare support, he/she shall provide, without delay, welfare support, unless there is good cause.
(3) A welfare support institution shall furnish a relevant local center provided for in Article 9 with information related to welfare support provided for in this Act in detail, including information about facilities and human resources.
(4) Matters necessary for the scope of information to be provided pursuant to paragraph (3) and the method for providing such information shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(5) The head of a Si/Gun/Gu may subsidize a welfare support institution for expenses incurred in the establishment and operation of the institution.
 Article 32 (Nursery Schools for Disabled Infants)
(1) The State and local governments shall endeavor to secure nursery schools for disabled infants, ensuring that such schools are proportionately distributed to each region.
(2) When a nursery school provided for in Article 10 of the Infant Care Act satisfies the following requirements and files an application for designation, the head of a competent Si/Gun/Gu may designate the applicant as a nursery school for disabled infants:
1. The applicant shall obtain the evaluation certification provided for in Article 30 of the Infant Care Act;
2. The applicant shall install convenience facilities provided for in the Act on Guarantee of Promotion of Convenience of Persons with Disabilities, the Aged, Pregnant Women, etc.;
3. The applicant shall satisfy the standards for facilities prescribed by Ordinance of the Ministry of Health and Welfare.
(3) The head of a nursery school designated pursuant to paragraph (2) shall submit a business plan every year for running such nursery school to the head of a competent Si/Gun/Gu.
(4) If a nursery school designated pursuant to paragraph (2) falls under any of the following subparagraphs, the head of a competent Si/Gun/Gu may revoke designation: Provided, That if such nursery school falls under subparagraph 1, the designation shall be revoked:
1. If a person commits fraud or other misconduct to be designated as a nursery school pursuant to paragraph (2);
2. If a ground for designation provided for in paragraph (2) becomes invalid retroactively;
3. If a nursery school is designated erroneously by mistake;
4. If a nursery school fails to satisfy the requirements specified in any subparagraph of paragraph (2);
5. If a nursery school commits fraud or other misconduct to obtain childcare assistance provided for in Article 22;
6. If a nursery school fails to satisfy the standards for the placement of special teachers provided for in Article 22 (3) and infant care teachers for disabled infants;
7. If a nursery school commits fraud or other misconduct to obtain a subsidy for expenses incurred in the establishment and operation provided for in Article 31 (5);
8. If the head of a nursery school, infant care teacher, special teacher, or any other person subject to instruction and supervision by the head of a nursery school is punished under Article 71 of the Child Welfare Act for the commission of an act prohibited by Article 17 of the aforesaid Act;
9. If the head of a nursery school falls under any subparagraph of Article 39 (1) and is sentenced to imprisonment without labor or greater punishment.
(5) Article 43 of the Infant Care Act shall apply mutatis mutandis to permanent or temporary closure or reopening of a nursery school designated pursuant to Article 2.
(6) Except as otherwise provided for in this Act, nursery schools designated pursuant to paragraph (2) shall be governed by the Infant Care Act.
(7) Subcategories of nursery schools designated pursuant to paragraph (2), according to their characteristics, such as main users, functions, and locations, shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(8) The method and procedure for the designation and the revocation of designation provided for in paragraphs (2) and (4) and other matters necessary for the operation of nursery schools for disabled infants shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 33 (Provision of Information by Institutions Providing Developmental Rehabilitation Services)
(1) The head of an institution providing developmental rehabilitation services shall furnish the following persons with information that affects the quality of such services, including the titles of qualifications held by personnel who provide such services, the institutions that issue such qualification, the requirements for acquiring such qualifications, and the career experience of such personnel:
1. The head of a competent Si/Gun/Gu;
2. The head of a local center provided for in Article 9;
3. A disabled child who intends to obtain developmental rehabilitation services and his/her caregiver.
(2) When the head of an institution providing developmental rehabilitation services intends to provide information pursuant to paragraph (1), before providing such information, he/she shall take reasonable care to verify whether such information is accurate.
(3) If it is found that information provided pursuant to paragraph (1) is inaccurate, the head of the relevant institution providing developmental rehabilitation services shall prove that he/she was not aware of the fact.
(4) The head of a central support center for disabled children provided for in Article 8 may utilize and obtain information provided for in paragraph (1) through a local center for purposes of research and analysis on the efficient provision of welfare support for disabled children.
(5) Matters necessary for providing information pursuant to the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER VI SUPPLEMENTARY PROVISIONS
 Article 34 (Instruction and Supervision)
The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu may instruct and supervise welfare support institutions and local centers as necessary to facilitate providing welfare support.
 Article 35 (Reporting and Inspection)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require a person who operates a welfare support institution or local center to submit data about its facilities or a report as necessary and may authorize relevant public officials to investigate the current status of operation of its facilities or inspect books of account and other documents.
(2) When a public official performs his/her duty pursuant to paragraph (1), he/she shall carry a certificate indicating his/her authority along with documents specifying the duration and scope of investigation, investigator-in-charge, applicable statutes, and other matters as prescribed by Ordinance of the Ministry of Health and Welfare, and shall present them to interested persons. <Amended by Act No. 14004, Feb. 3, 2016>
 Article 36 (Hearings)
When the head of a local government intends to make an administrative disposition pursuant to Article 21 (5) or 32 (4), he/she shall hold a hearing.
 Article 37 (Delegation or Entrustment)
(1) The Minister of Health and Welfare or a Mayor/Do Governor may delegate part of his/her authority bestowed by this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
(2) The Minister of Health and Welfare may entrust part of affairs assigned to him/her provided for in this Act to a legal entity or organization, as prescribed by Presidential Decree.
 Article 38 (Objections)
(1) A person who has an objection to a determination on the selection of a candidate for welfare assistance or on details of welfare support provided for in Article 14 or any other disposition made pursuant to this Act may file an objection with the head of a competent Si/Gun/Gu.
(2) An objection provided for in paragraph (1) may be filed in writing within 90 days from the date on which the petitioner becomes aware of the relevant disposition: Provided, That if a petitioner proves that he/she is unable to file a written objection due to a justifiable ground, a written objection may be filed within 60 days from the date on which such ground does not exist.
(3) If a written objection is filed pursuant to paragraph (1), opportunities to make statements shall be provided to the petitioner or his/her representative: Provided, That the foregoing shall not apply where the petitioner or his/her representative fails to make an appearance without justification or it is impractical to provide opportunities to make statements because there is no address known.
(4) Matters necessary for the method and procedure for filing a petition for objection provided for in the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER VII PENALTY PROVISIONS
 Article 39 (Penalty Provisions)
(1) A person who falls under any of the following shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 14332, Dec. 2, 2016>
1. A person who obtains a subsidy for the establishment and operation of a welfare support institution by fraud or other improper means or a person who misuses such subsidy;
2. A person who divulges personal information of a disabled child and his/her family, processes such information without authority, provides such information to another person for use, or otherwise uses such information for unreasonable purposes.
(2) A person who falls under any of the following shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended by Act No. 14332, Dec. 2, 2016>
1. A person who obtains, or causes other persons to obtain, welfare support by fraud or other improper means;
2. A person who illegally uses a welfare assistance voucher;
3. A person who obtains designation as a nursery school pursuant to Article 32 (2) by fraud or other improper means;
4. The head of an institution providing developmental rehabilitation services who provides false information intentionally, in providing any information under Article 33.
 Article 40 (Joint Penalty Provisions)
If the representative of a corporation, or any agent or employee of, or another person employed by, a corporation or individual violates Article 39 in connection with the affairs of the corporation or individual, not only shall the violator be punished accordingly, but the corporation or individual shall be punished by a fine prescribed in that Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected in exercising due care and supervision concerning the relevant affairs to prevent such violation.
 Article 41 (Administrative Fines)
(1) A person who, without good cause, refuses to submit data or reports or submits false data or reports, or refuses, interferes with or evades an investigation or inspection, under Article 35 (1), shall be punished by an administrative fine not exceeding three million won.
(2) Administrative fines provided for in paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
(1) This Act shall enter into force one year after the date of its promulgation.
(2) Notwithstanding paragraph (1), provisions regarding the establishment and operation of a central support center for disabled children provided for in Article 8 and local centers provided for in Article 9 shall enter into force on January 1, 2013.
Article 2 (Implementation of Pilot Projects)
(1) To facilitate enforcement of this Act, the Minister of Health and Welfare may implement pilot projects for the establishment and operation of local centers provided for in Article 9 before this Act enters into force.
(2) The procedure for the establishment and implementation of plans for implementing pilot projects provided for in paragraph (1) shall be determined by the Minister of Health and Welfare.
Article 3 (Transitional Measure concerning Qualification of Special Teachers in Nursery Schools and Infant Care Teachers for Disabled Infants)
Special teachers placed at a nursery school and infant care teachers in charge of disabled children provided for in Article 10 of the Enforcement Rule of the Infant Care Act at the time this Act enters into force shall be deemed to satisfy the standards for qualification of special teachers provided for in Article 22 (4) and infant care teachers for disabled infants respectively, as prescribed by Presidential Decree.
Article 4 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11627, Jan. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11858, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14004, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14332, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.