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ACT ON ACTIVITY ASSISTANT SERVICES FOR PERSONS WITH DISABILITIES

Act No. 10426, Jan. 4, 2011

Amended by Act No. 10518, Mar. 30, 2011

Act No. 11556, Dec. 18, 2012

Act No. 11861, jun. 4, 2013

Act No. 12070, Aug. 13, 2013

Act No. 12617, May 20, 2014

Act No. 13664, Dec. 29, 2015

Act No. 14564, Feb. 8, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to raise the quality of life of persons with disabilities by assisting persons with disabilities to live self-reliantly and by lifting the burden on their families through prescribing matters concerning an activity support allowance, etc. for persons with disabilities who are unable to lead their daily and social lives by themselves due to a physical or mental disability, etc. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows: <Amended by Act No. 10518, Mar. 30, 2011; Act No. 11861, Jun. 4, 2013; Act No. 13664, Dec. 29, 2015>
1. The term "persons with disabilities" means persons with disabilities as prescribed in Article 2 of the Act on Welfare of Persons with Disabilities;
2. The term "activity support allowance" means an service, such as activity assistance, visiting bathing service, visiting nursing service as prescribed in Article 16 (1) provided for recipients;
3. The term "recipient" means a person recognized as a recipient pursuant to Article 9 (2) who is to receive or is receiving an activity-support allowance;
4. The term "activity support project" means a project concerning an activity support allowance the State and local governments implement as prescribed by this Act;
5. The term "person obligated to support" means a person responsible for supporting a recipient (including an applicant under Article 6 (1); hereafter the same shall apply in this subparagraph), who is a lineal blood relative within the first degree of kinship with such recipient, the spouse of such recipient and other persons responsible for the livelihood of such recipient as prescribed by Presidential Decree;
6. The term "institution providing activity assistant services" means an institution designated pursuant to Article 20, which provide recipients with an activity support allowance;
7. The term "personnel providing activity assistant services" means a person affiliated with an institution providing activity assistant services who provide an activity support allowance to recipients.
 Article 3 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall prepare measures by providing appropriate activity support allowances for persons with disabilities in order for them to lead smooth daily and social lives.
(2) The State and local governments shall annually raise necessary finances to assist persons with disabilities to live self-reliantly and to lift the burden on their families.
 Article 4 (Deliberation of Activity Support Projects)
The Policy Coordination Committee for Persons with Disabilities established pursuant to Article 11 of the Act on Welfare of Persons with Disabilities shall deliberate on the following matters concerning activity support projects:
1. Matters concerning basic direction-setting for activity support projects;
2. Matters concerning funding for promoting activity support projects;
3. Matters of cooperation from relevant Ministries concerning activity support projects;
4. Other important matters prescribed by Presidential Decree concerning the implementation of this Act.
CHAPTER II RECOGNITION OF ACTIVITY SUPPORT ALLOWANCES
 Article 5 (Eligibility for Activity-Support Allowances)
Persons eligible to apply for an activity-support allowance shall meet all the following requirements:
1. Persons with serious disabilities of a degree equal to or more severe than the degree of disability prescribed by Presidential Decree, who have difficulty in leading daily and social lives by themselves;
2. Persons who are not elderly citizens pursuant to subparagraph 1 of Article 2 of the Act on Long-Term Care Insurance for Older Persons and are over the age prescribed by Presidential Decree: Provided, That in cases of a person who was a recipient pursuant to this Act and have ceased to be eligible for long-term care benefits pursuant to the Act on Long-Term Care Insurance for Older Persons after 65 years of age, and meet the standards determined by the Minister of Health and Welfare, such persons shall be eligible to apply for an activity support allowance;
3. Persons who do not fall under a case prescribed by Presidential Decree, such as where they are receiving another allowance similar to an activity support allowance or they have been admitted into a social welfare facility referred to in Article 32 of the National Basic Living Security Act.
 Article 6 (Application for Activity-Support Allowances)
(1) Any person who applies for an activity support allowance shall file an application for an activity support allowance (hereinafter referred to as "applicant") with the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Amended by Act No. 13664, Dec. 29, 2015>
(2) Matters necessary for the methods, procedures, etc. of applying for an activity support allowance pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 7 (Investigation of Application for Activity-Support Allowances)
(1) Upon receipt of an application as prescribed in Article 6, the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu shall investigate the following matters, as prescribed by Ordinance of the Ministry of Health and Welfare, and prepare an inspection report: <Amended by Act No. 13664, Dec. 29, 2015>
1. The applicant’s status of physical and mental functions and needs in the daily and social life;
2. Characteristics of housing and social environment, such as the degree of social participation of the applicant;
3. Types and details of an activity support allowance necessary for the applicant;
4. Matters prescribed by Presidential Decree concerning standards of living, such as income, property, etc. of the applicant and the person obligated to support the applicant, being data necessary for calculating the principal's apportionment under Article 33;
5. Other matters necessary for granting an activity support allowance, which are prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Upon receipt of an application as prescribed in Article 6, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may examine the degree of disability of the applicant as prescribed in Article 32 of the Act on Welfare of Persons with Disabilities. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Where it is impracticable to collect data necessary to verify matters referred to in the subparagraphs of paragraph (1) or to conduct an examination prescribed in paragraph (2), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require the applicant, the person obligated to support the applicant or other relevant persons to submit data necessary for verifying income, property, degree of disability, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13664, Dec. 29, 2015>
(4) Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, or the Minister of Health and Welfare in receipt of a request from a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems it necessary to investigate matters referred to in the subparagraphs of paragraph (1), he/she may request data concerning national tax, local tax, land, houses, buildings, automobiles, ships, aircraft, national health insurance, national pension, employment insurance, industrial accident compensation insurance, veterans benefits, military pension, pension for private school teachers and staff, public officials pension, special post office pension, basic pension, pension for persons with disabilities, departure from or entry to Korea, status of commitment to correctional institutions or facilities for medical treatment in custody, burial, cremation, funeral, resident registration, family relation registration, etc. from the heads of relevant institutions. In such cases, the heads of relevant institutions who are requested to provide data shall comply with such request unless any justifiable ground exists. <Amended by Act No. 12617, May 20, 2014; Amended by Act No. 13664, Dec. 29, 2015>
(5) Every public official who conducts an investigation under paragraph (1) shall carry a certificate indicating his/her authority and documents showing the period of investigation, scope of investigation, persons in charge of investigation, relevant Acts and subordinate statutes, and other matters prescribed by Ordinance of the Ministry of Health and Welfare and produce them to relevant persons. <Amended by Act No. 13664, Dec. 29, 2016>
(6) Where an applicant or a person obligated to support him/her rejects, interferes with or evades a request for the provision of documents or data necessary for investigations or examinations, or for investigations and answers to questions pursuant to paragraphs (1) and (2), or for the provision of data pursuant to paragraph (3) on two or more occasions, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may reject the application for an activity support allowance. In such cases, he/she shall clearly state the grounds therefor in writing and notify the applicant and the person obligated to support thereof. <Amended by Act No. 13664, Dec. 29, 2015>
(7) Matters necessary for procedures for inspections under paragraph (1) and methods, procedures, etc. for examinations under paragraph (2) shall be prescribed by Presidential Decree.
 Article 8 (Deliberation Committee on Entitlement to Activity Support for Persons with Disabilities)
(1) A Deliberation Committee on Entitlement to Activity Support for Persons with Disabilities (hereinafter referred to as "Entitlement Deliberation Committee") may be established under Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns/Gus (referring to autonomous Gus; hereinafter the same shall apply) to deliberate on the recognition of entitlements to an activity-support allowance (hereinafter referred to as "entitlement") and the class of activity support, etc. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Entitlement Deliberation Committees shall be established in the unit of a Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu, however, in consideration of the number, etc. of registered persons with disabilities, two or more Entitlement Deliberation Committees may be established in each Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu, or one Entitlement Deliberation Committee may be established by consolidating two or more of Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns/Gus. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Each entitlement Deliberation Committee shall consist of not more than nine members, including one chairperson, and the chairperson shall be elected from among members of each committee.
(4) Members of each Entitlement Deliberation Committee shall be appointed or entrusted by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu from among the following persons: Provided, That where one Entitlement Deliberation Committee is to be established by consolidating two or more of Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns/Gus, the method, etc. of organizing members shall be prescribed by Presidential Decree: <Amended by Act No. 13664, Dec. 29, 2015>
1. Representative of an organization of persons with disabilities in the relevant area;
2. Medical personnel as prescribed in the Medical Service Act;
3. Social workers as prescribed in the Social Welfare Services Act;
4. Public officials belonging to Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns/Gus, who are in charge of the welfare of persons with disabilities;
5. Other persons with abundant knowledge and experience in the welfare of persons with disabilities or in activity support projects.
(5) None of the persons falling under the subparagraphs of Article 7 (3) of the Social Welfare Services Act shall become members of entitlement deliberation committees. <Newly Inserted by Act No. 13664, Dec. 29, 2016>
(6) The term of office of entrusted members among the members prescribed in paragraph (4) shall be three years. <Amended by Act No. 13664, Dec. 29, 2015>
(7) Each Entitlement Deliberation Committee shall open its sessions with the attendance of a majority of all incumbent members and pass resolutions with the consent of a majority of those present.
(8) Except as otherwise provided for in this Act, the organization and operation of Entitlement Deliberation Committees and other necessary matters shall be prescribed by Presidential Decree.
 Article 9 (Deliberation, etc. on Entitlement)
(1) Upon completion of an inspection under Article 7, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall submit applications, outcomes of the inspection and other data necessary for deliberations to the competent Entitlement Deliberation Committee. <Amended by Act No. 13664, Dec. 29, 2016>
(2) Where an applicant meets eligibility requirements referred to in Article 5, the competent Entitlement Deliberation Committee shall recognize such applicant as a recipient in accordance with the standards for deliberation on entitlement prescribed by Presidential Decree concerning the class of activity support, such as physical or mental state, degrees in need of activity support, etc.
 Article 10 (Period for Deliberation on Entitlement)
(1) Each Entitlement Deliberation Committee shall finish the deliberation on entitlement pursuant to Article 9 (2) within 30 days from the date an applicant submits an application: Provided, That where an inevitable ground for which it is impossible to finish the deliberation on entitlement within such period exists, such as where additional investigations of the applicant is needed, etc., such period may be extended up to 30 days.
(2) Where each Entitlement Deliberation Committee intends to extend the period pursuant to the proviso to paragraph (1), the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall notify the applicant or his/her agent of the details, grounds and period. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 11 (Notice of Decision on Entitlement to Activity Support)
(1) When the competent Entitlement Deliberation Committee finishes the deliberation on entitlement, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall prepare a notice of decision on entitlement to activity support stating the following matters without delay, send it to the applicant, and notify the details thereof to the entrusted institution pursuant to Articles 31 (3) and 38 (2): <Amended by Act No. 13664, Dec. 29, 2015>
1. Whether his/her entitlement is recognized;
2. Class of activity support;
3. Types and details of an activity support allowance;
4. Principal's apportionment;
5. Date on which allowances are granted;
6. Other matters prescribed by Ordinance of the Ministry of Health and Welfare concerning an activity support allowance.
(2) When a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu sends a notice of decision on entitlement to activity support as prescribed in paragraph (1), he/she shall also send a plan for standard allowances use within the monthly ceiling prescribed in Article 18 to ensure smooth use of an activity support allowance. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Matters necessary for the method, etc. of preparing a notice of decision on entitlement to activity support and a plan for standard allowances use under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 12 (Period of Validity of Entitlement)
(1) The period of validity of a decision on entitlement under Article 11 (1) shall exceed at least one year and be prescribed by Presidential Decree: Provided, That if a recipient reaches 65 years of age, his/her entitlement shall be recognized until the month following that in which he/she reach reaches 65 years of age.
(2) The method of calculating the period of validity referred to in paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 12-2 (Deprivation of Entitlement)
Every recipient shall be deprived of the entitlement to activity support allowance when falling under any of the following cases:
1. Where a recipient dies;
2. Where a recipient losses the nationality;
3. Where a recipient removes abroad under the Emigration Act;
4. Where a recipient no longer satisfies the qualifications for applying for activity support allowance prescribed in subparagraph 1 or 2 of Article 5.
[This Article Newly Inserted by Act No. 13664, Dec. 29, 2015]
 Article 13 (Renewal of Entitlement)
(1) If a recipient intends to continue receiving an activity support allowance after the period of validity of entitlement under Article 12 expires, he/she shall apply for the renewal of entitlement to the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the competent Si/Gun/Gu. <Amended by Act No. 13664, Dec. 29, 2015>
(2) An application for the renewal of entitlement under paragraph (1) shall be filed between 90 and 30 days before the period of validity expires. <Amended by Act No. 11861, Jun. 4, 2013>
(3) Articles 5 through 12 shall apply mutatis mutandis to procedures for renewing entitlement: Provided, That matters, etc. concerning the conditions of physical functioning of applicants may be excluded in investigations or examinations mentioned in paragraph (1) or (2), as prescribed by Presidential Decree. <Amended by Act No. 13664, Dec. 29, 2015>
(4) Matters concerning periods, procedures, etc. necessary for application for renewing entitlement mentioned in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13664, Dec. 29, 2015>
 Article 14 (Change of Class of Activity Support)
(1) A recipient who intends to receive an activity support allowance after changing the class of activity support shall file an application for change to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Articles 5 through 12 shall apply mutatis mutandis to procedures for changing the class of activity support: Provided, That some matters prescribed in Article 7 (1) 4, etc., may be excluded from an inspection subsequent to an application for change, as prescribed by Presidential Decree. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Matters concerning procedures, etc. necessary for application for the change of classes of activity support prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 15 (Application, etc. by Proxy)
(1) If a person who intends to receive an activity support allowance or a recipient is unable to file, for himself/herself, an application for an activity support allowance, application for renewal of entitlement, application for change of class of activity support, etc. prescribed by this Act on physical or mental health grounds, his/her family member, relative or another interested person may act on behalf of him/her.
(2) Any public official who takes full charge of social welfare pursuant to Article 14 of the Social Welfare Services Act may act on behalf of a person residing within the jurisdiction in the application, etc. for an activity support allowance pursuant to paragraph (1) with the consent of such person or his/her family.
(3) Notwithstanding paragraphs (1) and (2), if a person who intends to receive an activity support allowance or a recipient is unable to file an application for an activity support allowance, etc. pursuant to paragraph (1), a person designated by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may act on behalf of such person or recipient. <Amended by Act No. 13664, Dec. 29, 2015>
(4) Matters necessary for the methods, procedures, etc. of acting on behalf of another person in filing an application for an activity support allowance pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER III PROVISION OF ACTIVITY SUPPORT ALLOWANCES
 Article 16 (Types, etc. of Activity-Support Allowances)
(1) The types of activity support allowances under this Act shall be as follows: <Amended by Act No. 10518, Mar. 30, 2011; Act No. 13664, Dec. 29, 2015>
1. Activity assistance: Activity support allowances assisting in physical activities, household activities, mobility assistance, etc. provided by activity assistants prescribed in Article 27, who are personnel providing activity support services, after visiting each recipient's home, etc.;
2. Visiting bathing services: Activity support allowances providing bathing services using equipment fitted with bathing facilities by activity support personnel after visiting each recipient's home, etc.;
3. Visiting nursing services: Activity support allowances providing nursing service, assistance in medical treatment, consultation on recuperation, oral health, etc. according to the directions of a doctor, oriental doctor or dentist (hereinafter referred to as "instructions for visiting nurse service") by nurses, etc., who are activity support personnel after visiting each recipient's home, etc.;
4. Other activity support allowances: Activity support allowances prescribed by Presidential Decree, such as night time protection, etc.
(2) Where a recipient receives an activity support allowance or an institution providing activity support services provides an activity support allowance, any of the following acts shall be neither demanded nor provided: <Newly Inserted by Act No. 13664, Dec. 29, 2015>
1. Activity assistance (supporting physical activities, household activities, social activities, etc.), visiting bathing service, visiting nursing service, etc. for the recipients’ family members who are not recipients;
2. Activity assistance supporting the operation of business in the workplace, etc. of recipients or the family members thereof;
3. Activities recognized to be unnecessary to be provided, as the recipients do not have difficulties in leading a self-reliant life.
(3) Standards and procedures for, methods and scope of providing activity support allowances and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 17 (Timing, etc. for Providing Activity Support Allowances)
(1) Recipients are entitled to receive an activity support allowance from the date on which such allowance is granted as stated in the notice of decision on entitlement to activity support pursuant to Article 11 (1).
(2) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu may provide recipients with activity support allowance coupons indicating (including records by electronic or magnetic means) the quantity of activity support allowances or an amount equivalent thereto so that recipients may receive activity support allowances. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Matters necessary for the issuance, procedures of use, etc. of activity support allowance coupons prescribed in paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 18 (Monthly Ceiling of Activity Support Allowances)
(1) Activity support allowances shall be provided within a monthly ceiling. In such cases, such monthly ceiling shall be calculated in consideration of the class of activity support, etc.
(2) Standards for and methods of calculating monthly ceilings pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 18-2 (Compliance of Recipients, etc.)
(1) Every recipient shall use an activity support allowance properly to lead a daily and social life, and shall not make an unreasonable demand.
(2) Every member of the personnel providing activity support services shall respect recipients' choices made based on their needs and their self-reliant decisions and provide appropriate activity support allowances accordingly.
(3) Recipients and the personnel providing activity support services shall respect each other's personality and trust each other, and shall not use violence or insulting remarks and behaviors which may impair such respect and trust.
(4) The head of each institution providing activity support services shall make positive efforts to prevent and solve conflicts between recipients and the personnel providing activity support services which may occur in the course of providing or using activity support allowances.
[This Article Newly Inserted by Act No. 13664, Dec. 29, 2015]
 Article 19 (Suspension or Limitation of Activity Support Allowances)
(1) Where a person who is receiving or eligible to receive an activity support allowance falls under any of the following cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall suspend the activity support allowance, or place a limitation on the quantity, period of provision, etc. of the activity support allowance within the scope of one year: <Amended by Act No. 13664, Dec. 29, 2015>
1. Where such person is selected as a recipient by false or other unjust methods;
2. Where an institution providing activity support services or the personnel providing activity support services is involved in the receipt of costs for activity support allowances prescribed in Article 31 by false or other unjust methods.
(2) Where a recipient refuses, interferes with, or evades the submission of data, or a request for answers to questions or inspections prescribed in Article 42 or 43 without justifiable grounds, or submits false data, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may suspend all or some of activity support allowances or prohibit institutions providing activity support from providing such person with an activity support allowance. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Where a recipient falls under any of the following subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall suspend an activity support allowance for the corresponding period: <Amended by Act No. 13664, Dec. 29, 2015>
1. Where he/she is admitted into a social welfare facility prescribed in Article 32 of the National Basic Living Security Act;
2. Where he/she is confined in a correctional institution or facility for medical treatment in custody prescribed in the Administration and Treatment of Correctional Institution Inmates Act or Medical Treatment and Custody Act after having been sentenced to imprisonment without prison labor or a heavier punishment;
3. Other cases prescribed by Ordinance of the Ministry of Health and Welfare where it is impracticable for him/her to receive an activity support allowance due to a long-time overseas stay, etc.
(4) Matters necessary for the suspension, and limitation of quantity, period, etc. of activity support allowance prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13664, Dec. 29, 2015>
 Article 19-2 (Provision of Emergency Safety Services for Activity Support)
(1) Where a person with a disability who has the eligibility to apply for activity support allowance prescribed in Article 5 falls under any of the following cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may, when recognizing that it is necessary to provide such person with an emergency safety service for activity support, provide such person with confirmation of safety by utilizing information and communication technology, or rescue/relief activities, to cope with an emergency state:
1. Where such person is a one-person household;
2. Where all family members of such person who are household members are persons with disabilities or below the age of 18 or above the age of 65;
3. Where the family members of such person who are household members have difficulties in protecting such person with a disability due to working, attending school, etc.
(2) Matters necessary for application for, and determination, etc. of the provision of emergency safety services for activity support mentioned in paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13664, Dec. 29, 2015]
CHAPTER IV ACTIVITY SUPPORT INSTITUTIONS
 Article 20 (Designation, etc. of Activity Support Institutions)
(1) Any person who intends to establish and operate an activity support institution shall meet the standards for facilities and human resources prescribed by Ordinance of the Ministry of Health and Welfare and obtain designation from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the location of such institution. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall designate an appropriate number of institutions providing activity support in consideration of geographical distribution of such institutions, the appropriate scale of supply, number of persons to receive activity support allowances, etc., as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13664, Dec. 29, 2015>
(3) When a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu designates institutions providing activity support as prescribed in paragraph (2), he/she shall notify the entrusted institutions referred to in Articles 31 (3) and 38 (2) of the details of designation. <Amended by Act No. 13664, Dec. 29, 2015>
(4) If the head of an institution providing activity support intend to modify important matters prescribed by Ordinance of the Ministry of Health and Welfare, he/she shall obtain modified designation from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. He/she shall report any other modification. <Amended by Act No. 13664, Dec. 29, 2015>
(5) Matters necessary for the types of institutions providing activity support and procedures, etc. for designation thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 21 (Information on Activity Support Institutions)
(1) To enable recipients to easily select an activity support institution and to guarantee the quality of an activity support allowance provided by institutions providing activity support, every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall have the head of each institution providing activity support submit the details of activity support allowances, data, etc. on the current status of facilities, personnel, etc. and inform the recipients of such data. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Details to be informed, such as the details of activity support allowances, data on the current status of facilities, personnel, etc. under paragraph (1), methods and procedures thereof and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 22 (Duties of Institutions Providing Activity Support)
(1) No institution providing activity support shall refuse a request made by a recipient to provide an activity support allowance: Provided, That it may refuse such request if justifiable grounds such as imbalance in the supply of and demand for activity support personnel.
(2) Each institution providing activity support shall provide activity support allowances in accordance with the standards, procedures, methods, etc. for providing activity support allowances prescribed in Article 16 (3). <Amended by Act No. 13664, Dec. 29, 2015>
(3) The head of each institution providing activity support shall issue a detailed statement of costs for an activity support allowance to every recipient provided with an activity support allowance.
(4) The head of each institution providing activity support shall keep and manage data on the provision of activity support allowances.
(5) No institution providing activity support shall recommend, mediate or induce recipients, including exempting recipients from the principal's apportionment, giving a discount thereon, providing money or other articles, etc. for the purpose of profit-making, or encourage such acts.
(6) Every institution providing activity support services shall be transparently operated according to financial and accounting standards prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 13664, Dec. 29, 2015>
(7) Detailed statements of costs for an activity support allowance under paragraph (3), details and period of preservation of data on the provision of an activity support allowance to be kept and managed as prescribed in paragraph (4), other necessary forms, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 22-2 (Establishment and Operation of Operating Committees of Institutions Providing Activity Support Services)
(1) The head of each institution providing activity support services shall establish an operating committee in the relevant institution providing activity support services to deliberate on the following matters concerning the operation of the institution providing activity support services: Provided, That in cases prescribed by Ordinance of the Ministry of Health and Welfare, two or more institutions providing activity support services may establish an operating committee jointly:
1. Formulation and evaluation of operating plans of an institution providing activity support services;
2. Operation of costs for an activity support project;
3. Improvement of working environment for workers of institutions providing activity support services, such as the personnel providing activity support services;
4. Handling of complaints of recipients and personnel providing activity support services;
5. Protection of human rights and advancement of rights and interests of workers of institutions providing activity support services, such as the personnel providing activity support services, and recipients;
6. Cooperation between institutions providing activity support services and regional communities;
7. Other matters referred to meetings of operating committees by the head of each institution providing activity support services.
(2) Members of each operating committee shall be appointed or commissioned by the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu among persons falling under the following:
1. The head of the institution providing activity support services;
2. The representative of recipients;
3. The representative of guardians of recipients;
4. The representative of the personnel providing activity support services;
5. Persons in charge of activity support services for persons with disabilities among public officials belonging thereto;
6. Local residents;
7. Persons recommended by public organizations;
8. Persons who have professional knowledge and experience with activity support for persons with disabilities.
(3) The head of each institution providing activity support services shall report the following matters to the operating committee prescribed in paragraph (1):
1. Matters concerning the budget and settlement of accounts of the institution providing activity support services;
2. Matters concerning the finance and accounting of the institution providing activity support services;
3. Other matters concerning incidents and accidents related to the operation of the institution providing activity support services.
(4) Matters necessary for the organization and operation of operating committees, in addition to those provided for in paragraphs (1) through (3), shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13664, Dec. 29, 2015]
 Article 23 (Reporting on Closure, etc. of Institutions Providing Activity Support)
(1) Where an institution providing activity support intends to close or suspend its business, it shall file a report thereon with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu by no later than 30 days prior to the scheduled date of closure or suspension. Upon receipt of a report, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall notify the entrusted institution pursuant to Articles 31 (3) and 38 (2) of the details thereof. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Upon receipt of a report on business closure or suspension under paragraph (1), every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall recommend the relevant institution providing activity support to withdraw business closure or suspension or prepare other measures if a serious setback is likely to occur in providing activity support allowances, such as that no substitute institution providing activity support exists in the vicinity, etc. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Where an institution providing activity support services reports the closure or suspension of business under paragraph (1), it shall transfer the data on activity support allowances provided to the competent local government by following procedures, etc. prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That where an institution providing activity support services intends to suspend business, it shall obtain permission from the competent local government by the expected date of suspension of business if it desires to directly keep the data on activity support allowances provided. <Newly Inserted by Act No. 13664, Dec. 29, 2015>
 Article 24 (Revocation, etc. of Designation of Institutions Providing Activity Support)
(1) Where any institution providing activity support falls under any of the following subparagraphs, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may suspend its business for up to six months or revoke designation: <Amended by Act No. 12070, Aug. 13, 2013; Act No. 13664, Dec. 29, 2015>
1. Where an institution providing activity support services becomes falling short of designation standards, such as the standards for facilities and personnel mentioned in Article 20 (1);
2. Where an institution providing activity support services rejects the provision of activity support allowances in violation of Article 22 (1);
3. Where an institution providing activity support services exempts a recipient from principal's apportionment or gives a discount of principal's apportionment to a recipient, or mediates or induces a recipient in violation of Article 22 (5);
4. Where such institution refuses, interferes with or evades the submission of data or requests for answers to questions or inspections prescribed in Articles 42 and 43, or submits false data;
5. Where such institution has charged costs for an activity-support allowance by deceit or other fraudulent means;
6. Where any activity support personnel or any employee of an institution providing activity support has done any of the following acts:
(a) Assaulting or inflicting an injury on the body of a recipient;
(b) Sexual abuse, sexual harassment, etc. which make a recipient feel sexual humiliation;
(c) Abandoning a recipient to whom he/she or it provides activity support allowances, or neglecting basic protection including food, clothing and shelter, nursing, etc.
(2) Where an institution providing activity support services falls under any of the following cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall cancel the designation thereof: <Newly Inserted by Act No. 13664, Dec. 29, 2015>
1. Where an institution providing activity support services obtains its designation by false or other unjust methods;
2. Where an institution providing activity support services provides activity support allowances during the period of suspension of business;
3. Where an institution providing activity support services has been subject to the disposition of suspension of business mention in paragraph (1) at least three times.
(3) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu issues an administrative disposition pursuant to paragraph (1), he/she shall, without delay, notify the entrusted institution prescribed in Article 31 (3) of the details of such administrative disposition.
(4) No person subject to revocation of designation as prescribed in paragraph (1) shall be re-designated as an institution providing activity support during the period prescribed by Presidential Decree within two years from the date he/she is subjected to such disposition.
(5) Detailed standards, procedures, etc. for issuing administrative dispositions under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 24-2 (Imposition, etc. of Penalty Surcharges)
(1) Where a Special Self-Governing City Mayor, Special Self-Governing Province Mayor, the head of a Si/Gun/Gu needs to issue an order for suspension of business on grounds falling under Article 24 (1) 1 through 4 and 6, he/she may, if the suspension of business is concerned to cause severe inconvenience to recipients using the relevant institution providing activity support services or to impair public interests, impose a penalty surcharge not exceeding 50 million won in lieu of an order for suspension of business.
(2) Where a Special Self-Governing City Mayor, Special Self-Governing Province Mayor, the head of a Si/Gun/Gu needs to issue an order for suspension of business on grounds falling under Article 24 (1) 5, he/she may, if the suspension of business is concerned to cause severe inconvenience to recipients using the relevant institution providing activity support services or to impair public interests, impose a penalty surcharge not exceeding five times the amount claimed by false or other unjust methods in lieu of an order for suspension of business.
(3) Matters necessary for the amounts of penalty surcharges by type, degree, etc. of misconduct against which a penalty surcharge mentioned in paragraphs (1) and (2) is imposed, procedures for imposing a penalty surcharge, etc. shall be prescribed by Presidential Decree.
(4) Where a person who needs to pay a penalty surcharge under paragraphs (1) and (2) fails to do so by the deadline for payment, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall collect it in accordance with the Act on the Collection, etc. of Local Non-Tax Revenue.
(5) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall record matters concerning the imposition and collection of penalty surcharges prescribed in paragraphs (1) and (2) and manage such record, as prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13664, Dec. 29, 2015]
 Article 25 (Management and Evaluation of Activity Support Allowances)
(1) After a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu evaluates whether institutions providing activity support have appropriately provided activity support allowances in accordance with standards, procedures, methods, etc. for providing activity support allowances pursuant to Article 16 (3), he/she may take necessary measures, such as disclosing evaluation findings to the public, etc. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Every institution providing activity support services shall respond to the evaluation of activity support allowances prescribed in paragraph (1) unless it falls under any of the following cases: <Newly Inserted by Act No. 13664, Dec. 29, 2015>
1. Where an institution providing activity support services has a period of operation of less than one year due to its new designation;
2. Where an institution providing activity support services has difficulties in receiving an on-site evaluation due to closure of business, suspension of business, etc.;
3. Where an institution providing activity support services has other grounds determined and publicly announced by the Minister of Health and Welfare.
(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall endeavor to improve the level of activity support allowances provided by institutions providing activity support by continuously managing and evaluating the details thereof. <Amended by Act No. 13664, Dec. 29, 2015>
(4) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu may provide an administrative or financial assistance to institutions providing activity support services showing outstanding results in evaluations. <Newly Inserted by Act No. 13664, Dec. 29, 2015>
(5) Methods for evaluating the provision of activity support allowances and methods for disclosing evaluation findings under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER V ACTIVITY SUPPORT PERSONNEL
 Article 26 (Requirements, etc. for Activity Support Personnel)
Matters necessary for the scope, duties, education, etc. of activity support personnel for a specific kind of activity support allowances under the subparagraphs of Article 16 (1) shall be prescribed by Presidential Decree.
 Article 27 (Activity Assistants)
(1) Any person who intends to be activity support personnel (hereinafter referred to as "activity assistant") providing activity assistance allowances prescribed in Article 16 (1) 1 shall complete an educational course at an educational institution for activity assistants prescribed in Article 28 (1), or meet qualifications prescribed by Presidential Decree.
(2) Educational courses for activity assistants prescribed in paragraph (1), details of education and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 28 (Designation, etc. of Educational Institutions for Activity Assistants)
(1) To educate activity assistants, every Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall designate facilities meeting standards for designation prescribed by Ordinance of the Ministry of Health and Welfare as an educational institution for activity assistants (hereinafter referred to as "educational institution"). <Amended by Act No. 13664, Dec. 29, 2015>
(2) Where an educational institution falls under any of the following subparagraphs, a Mayor/Do Governor may order it to suspend the performance of duties for up to one month or revoke designation: Provided, That he/she shall revoke designation in cases falling under subparagraph 1: <Amended by Act No. 12070, Aug. 13, 2013>
1. Where it has obtained designation by deceit or other fraudulent means;
2. Where it falls short of standards for designation prescribed in paragraph (1);
3. Where it fails to operate educational courses for one or more years;
4. Where it refuses, interferes with or evades the submission of data, requests for answers to questions or inspections prescribed in Articles 42 and 43, or submits false data.
(3) Where closure or suspension of the business of an education institution is intended, such intent shall be reported to the Mayor/Do Governor. <Newly Inserted by Act No. 11861, Jun. 4, 2013>
(4) Matters necessary for procedures for designating education institutions pursuant to paragraph (1), detailed standards and procedures for administrative dispositions under paragraph (2), procedures for business suspension or closure under paragraph (3), and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 11861, Jun. 4, 2013>
 Article 29 (Grounds for Disqualification of Activity Support Personnel)
None of the following persons may become activity support personnel: <Amended by Act No. 11556, Dec. 18, 2012; Act No. 13664, Dec. 29, 2015>
1. A mental patient prescribed in subparagraph 1 of Article 3 of the Mental Health Act: Provided, That a person deemed appropriate as activity support personnel by a medical specialist is excluded;
2. An addict to narcotics, marijuana or psychotropic medications;
3. A person under adult guardianship or limited guardianship;
4. A person whose imprisonment without labor or heavier punishment has not been completely executed or exempted;
5. A person who has been sentenced to imprisonment without labor or heavier punishment for a crime prescribed in Articles 3 through 10 and 15 (limited to a person who is guilty of an attempted crime prescribed in Articles 3 through 9 of the same Act) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
6. A person for whom one year has not passed since his/her qualification as a member of the personnel providing activity support services was cancelled by falling under Article 30 (1) 2;
7. A person for whom two years have not passed since his/her qualification as a member of the personnel providing activity support services was cancelled as he/she fell under Article 30 (1) 3 through 5.
 Article 29-2 (Inquiries about Criminal Records, etc. for Confirmation of Grounds for Disqualification)
(1) The head of each institution providing activity support services shall inquire the Commissioner General of the Metropolitan/Provincial Police Agency or the head of the police station having jurisdiction over the address of the personnel providing activity support services belonging to the institution about the criminal records prescribed in Article 6 of the Act on the Lapse of Criminal Sentences by obtaining a consent of the person in question in order to confirm whether the personnel providing activity support services have grounds for disqualification prescribed in Article 29.
(2) The Commissioner General of each Police Agency or the head of each police station requested to inquire about criminal records under paragraph (1) shall comply therewith without any justifiable ground.
(3) Matters necessary for procedures for and scope, etc. of inquiries of criminal records mentioned in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13664, Dec. 29, 2015]
 Article 30 (Cancellation, Suspension, etc. of Qualification of Personnel Providing Activity Support Services)
(1) Where a member of the personnel providing activity support services falls under any of the following cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall cancel the qualification as a member of the personnel providing activity support services: <Amended by Act No. 13664, Dec. 29, 2015>
1. Where a member of the personnel providing activity support services falls under any subparagraph of Article 29;
2. Where a member of the personnel providing activity support services has become a member of the personnel providing activity support services by false or other unjust methods;
3. Where a member of the personnel providing activity support services has caused a physical or property loss to a recipient or the guardian thereof intentionally or by gross negligence in the course of conducting duties, for whom a court decision sentencing imprisonment without labor or a heavier punishment has become final and conclusive;
4. Where a member of the personnel providing activity support services has been subject to the disposition of suspension of qualification mentioned in paragraph (2) at least three times;
5. Where a member of the personnel providing activity support services has provided an activity support allowance during the period of suspension of qualification.
(2) Where a member of the personnel providing activity support services falls under any of the following cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may suspend the qualification as a member of the personnel providing activity support services within the scope of one year, as prescribed by Ordinance of the Ministry of Health and Welfare: <Newly Inserted by Act No. 13664, Dec. 29, 2015>
1. Where a member of the personnel providing activity support services makes activity support allowance coupons paid to recipients under Article 17 (2) used for purposes other than the purpose thereof;
2. Where a member of the personnel providing activity support services recommends, mediates or induces recipients or encourages such recommendation, mediation or induction in violation of Article 22 (5);
3. Where a member of the personnel providing activity support services commits an act falling under any item of Article 24 (1) 6;
4. Where a member of the personnel providing activity support services receives costs for activity support allowances by false or other unjust methods.
(3) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu may restrict activity support personnel from providing an activity support allowance, by which costs for an activity support allowance are paid as prescribed by this Act, to a recipient who is his/her family member prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That no restriction is imposed in cases prescribed by Presidential Decree where such recipient resides in an area where institutions providing activity support are extremely insufficient, etc. <Amended by Act No. 13664, Dec. 29, 2015>
CHAPTER VI COSTS, ETC. FOR ACTIVITY SUPPORT ALLOWANCES
 Article 31 (Charging and Paying Costs for Activity Support Allowances)
(1) Where an institution providing activity support has provided a recipient with an activity support allowance, it shall charge costs for providing an activity support allowance (hereinafter referred to as "allowance costs") on the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu, who, in turn, shall pay them. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu may pay allowance costs increased or reduced based on the evaluation findings of activity support allowances pursuant to Article 25 (1). <Amended by Act No. 13664, Dec. 29, 2015>
(3) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu may entrust relevant specialized institutions or organizations prescribed by Presidential Decree with the duties of payment, settlement of accounts, etc. of allowance costs referred to in paragraphs (1) and (2). <Amended by Act No. 13664, Dec. 29, 2015>
(4) Matters necessary for procedures and methods for charging and paying allowance costs, standards for paying increased or reduced allowance costs, entrustment of duties, etc. referred to in paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 32 (Calculation of Allowance Costs)
(1) Allowance costs shall be determined and publicly announced by the Minister of Health and Welfare based on the types of activity support allowances, class of activity support, etc.
(2) When the Minister of Health and Welfare determines allowance costs as prescribed in paragraph (1), he/she may increase or reduce such allowance costs considering whether an institution providing activity support has been funded for costs of its establishment and operation from the State and a local government, etc., as prescribed by Presidential Decree.
(3) Matters necessary for detailed methods for calculating allowance costs pursuant to paragraph (1), items thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 33 (Principal's Apportionment)
(1) Each recipient shall be differentially apportioned some of the allowance costs (hereinafter referred to as "principal's apportionment") within 15/100 of the relevant allowance costs depending on standards of living, such as income, property, etc. of the recipient and the person obligated to support him/her prescribed by Presidential Decree.
(2) Costs for all of the following activity support allowances shall be borne by each recipient himself/herself:
1. Activity support allowances not included in the scope of allowances prescribed in this Act and for which such recipient is not eligible;
2. Activity support allowances exceeding the monthly ceiling of activity support allowances prescribed in Article 18.
(3) Notwithstanding the provisions of paragraph (1), any of the following persons shall bear a fixed amount of the principal's apportionment: <Amended by Act No. 13664, Dec. 29, 2015>
2. Next needy class prescribed in subparagraph 10 of Article 2 of the National Basic Living Security Act (Provided, That recipients not receiving livelihood benefits or medical benefits mentioned in Article 7 (1) 1 and 3 of the National Basic Living Security Act and the household members thereof shall be included);
3. A person whose standards of living, such as income, property, etc. falls short of the amount determined by the Minister of Health and Welfare: Provided, That in cases of a person residing in an island, secluded area, farming village, fishing village, etc., separate amount may be determined;
4. A person who is in hardship due to a reason prescribed by Ordinance of the Ministry of Health and Welfare, such as an act of God.
(4) Notwithstanding the provisions of paragraphs (1) and (3), neither recipients of livelihood benefits prescribed in Article 7 (1) 1 of the National Basic Living Security Act nor recipients of medical benefits prescribed in subparagraph 3 of the same paragraph shall bear the principal's apportionment. <Amended by Act No. 13664, Dec. 29, 2015>
(5) Matters necessary for methods for calculating the principal's apportionment pursuant to paragraphs (1) and (3), period of validity, procedures for change, procedures for payment, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 34 (Bearing, etc. of Costs for Issuing Instructions for Visiting Nurse Service)
(1) Each recipients shall bear costs for issuing instructions for visiting nurse service pursuant to Article 16 (1) 3 within a limit prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That neither recipients of livelihood benefits prescribed in Article 7 (1) 1 of the National Basic Living Security Act nor recipients of medical benefits prescribed in subparagraph 3 of the same paragraph shall bear such costs. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Matters necessary for methods for calculating costs for issuing instructions for visiting nurse service pursuant to paragraph (1), procedures for charging and paying costs, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
 Article 35 (Collection of Wrongfully-Paid Allowances)
(1) Where a recipient who has received an activity support allowance or an institution providing activity support services which has received allowance costs falls under any of the following cases, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall collect an amount equivalent to the activity support allowance or allowance costs: Provided, That in cases falling under any of subparagraphs 2 and 3, he/she shall collect an amount calculated by adding interest prescribed by Presidential Decree thereto: <Amended by Act No. 13664, Dec. 29, 2015>
1. Where a person has received an activity support allowance in excess of the monthly ceiling of the activity support allowance prescribed in Article 18;
2. Where a person whose activity support allowance was restricted, etc. as prescribed in Article 19 has received an activity support allowance;
3. Where a person charged allowance costs by deceit or other fraudulent means pursuant to Article 24 (1) 5 and has received them;
4. Where activity support allowances or allowance costs have been mistakenly paid.
(2) In cases falling under paragraph (1), if an activity support allowance has been provided to a person based on a false report, evidence or diagnosis, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may have another person involved in such false conduct pay the amount to be collected pursuant to paragraph (1) jointly with the recipient who has received such activity support allowance. <Amended by Act No. 13664, Dec. 29, 2015>
(3) If a person obligated to return an amount equivalent to activity support allowances or allowance costs under paragraph (1) fails to return them within the specified period, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu may collect them in the same manner as the delinquent national taxes or local taxes are collected. <Amended by Act No. 13664, Dec. 29, 2015>
(4) Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu falls under any of the following cases when collecting an amount equivalent to an activity support allowance or allowance costs under paragraph (3), he/she may dispose of such amount as deficits by following procedures, etc. prescribed by Presidential Decree: <Amended by Act No. 13664, Dec. 29, 2015>
1. Where a person to return an amount is missing or has no property;
2. Where an amount allocated to be apportioned for the amount in arrears after delinquency disposition falls short of the amount in arrears;
3. Where extinctive prescription for the relevant claim is completed.
CHAPTER VII FILING OBJECTIONS, ETC.
 Article 36 (Filing Objections)
(1) Anyone who has an objection to a disposition issued by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu concerning the recognition of entitlement, class of activity-support and activity support allowances under Article 11, collection of wrongfully-paid allowances under Article 35, etc. may raise an objection to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu within 90 days he/she is notified of the result of such decision, etc.: Provided, That this shall not apply where he/she vindicates that he/she has been unable to raise an objection within such period on justifiable grounds. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of each Si/Gun/Gu shall examine an objection within 60 days from the date he/she receives such objection under paragraph (1), and shall make corrections or take other necessary measures if he/she deems the relevant disposition unlawful or unreasonable: Provided, That he/she may extend the period up to 30 days in extenuating circumstances making it impossible to take such measures within the specified period. <Amended by Act No. 13664, Dec. 29, 2015>
(3) Matters necessary for the methods, procedure, operation, etc. for filing an objection as prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Any person who files an objection under paragraph (1) may lodge an administrative appeal pursuant to the Administrative Appeals Act irrespective of such objection filed. In such cases, a person (excluding a person who has lodged an administrative appeal before he/she is notified of the result) who has filed an objection and is notified of the result may lodge an administrative appeal pursuant to the Administrative Appeals Act within 90 days from the date he/she is notified of such result.
 Article 37 (Administrative Litigation)
Any person who has an objection to a disposition issued by a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu concerning the recognition of entitlement, class of activity support and activity support allowances under Article 11, collection of wrongfully-paid allowances under Article 35, etc., and any person dissatisfied with a ruling on the objection filed pursuant to Article 36 may institute administrative litigation, as prescribed by the Administrative Litigation Act. <Amended by Act No. 13664, Dec. 29, 2015>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 38 (Delegation of Authority and Entrustment of Duties)
(1) The Minister of Health and Welfare may delegate part of his/her authority under to this Act to City Mayors/Do Governors or to the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 13664, Dec. 29, 2015>
(2) The Minister of Health and Welfare, City Mayors/Do Governors, or the heads of Sis/Guns/Gus may entrust the following duties under this Act to relevant specialized organizations prescribed by Presidential Decree. In such cases, the State and local governments may subsidize expenses incurred in such entrustment: <Amended by Act No. 13664, Dec. 29, 2015>
1. Investigation of an application for an activity support allowance prescribed in Article 7;
2. Inspections into matters deliberated by the Entitlement Deliberation Committees prescribed in Articles 8 and 9;
3. Investigation of raised objections prescribed in Article 36;
4. Other matters prescribed Presidential Decree, such as the management of and support, etc. for recipients.
(3) Each relevant specialized institutions entrusted with duties pursuant to paragraph (2) may establish a supporting institution to perform duties prescribed in the same paragraph in each Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu: Provided, That one supporting organization may be established by consolidating two or more of Special Self-Governing Cities, Special Self-Governing Provinces, or Sis/Guns/Gus in consideration of the number of registered persons with disabilities, current organizational status of a relevant specialized institution, etc. <Amended by Act No. 13664, Dec. 29, 2015>
(4) Matters necessary for the organization, operation, etc. of supporting institutions under paragraph (3) shall be prescribed by Presidential Decree.
 Article 39 (Bearing Expenses)
(1) The State and local governments shall bear expenses incurred in performing activity support projects prescribed in this Act.
(2) The amount to be borne by local governments pursuant to paragraph (1) shall be shared among Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Cities, Special Self-Governing Provinces, Sis, Guns and Gus, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13664, Dec. 29, 2015>
(3) The imposition and collection of the amount to be borne by local governments under paragraph (1), management of finances and other necessary matters shall be prescribed by Presidential Decree.
 Article 40 (Construction and Operation of Information System on Activity Support for Persons with Disabilities)
To efficiently process data and information necessary for performing activity support projects pursuant to this Act and to computerize the duties of keeping records and managing such data and information, the Minister of Health and Welfare may construct and operate an information system on activity-support for persons with disabilities, as prescribed by Presidential Decree.
 Article 41 (Use of Electronic Documents)
(1) All documents relating to activity support projects shall be recorded, managed and kept in an electronic format.
(2) When a Special Self-Governing City, Special Self-Governing Province, Si, Gun, Gu and institutions providing activity support request, pay, etc. allowance costs, it shall use digital media or electronic data exchange methods. <Amended by Act No. 13664, Dec. 29, 2015>
(3) No electronic format, digital media or electronic data exchange methods may be used in areas specified by the Minister of Health and Welfare, such as areas in which information and communications networks and information and communications service facilities are in poor condition, notwithstanding the provisions of paragraphs (1) and (2).
 Article 42 (Submission, etc. of Data)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an entrusted institution under Articles 31 (3) and 38 (2) may request the heads of relevant central administrative agencies, heads of local governments and the heads of other public institutions or relevant institutions to submit data necessary for smoothly implementing this Act. <Amended by Act No. 13664, Dec. 29, 2015>
(2) Where the Minister of Health and Welfare, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an entrusted institution under Articles 31 (3) and 38 (2) deems it necessary for performing activity support projects, such as verifying the details of activity support allowances provided, managing and evaluating activity support allowances, etc., he/she may request any of the following persons to submit data: <Amended by Act No. 13664, Dec. 29, 2015>
1. Applicants or recipients;
2. Activity support institutions;
3. Activity support personnel;
4. Educational institutions.
(3) Any person in receipt of a request to submit data as prescribed in paragraphs (1) and (2) shall submit data unless justifiable grounds exist.
(4) Data provided as prescribed in paragraphs (1) and (2) shall be free from usage fees, service charges, etc.
 Article 43 (Questions and Inspections)
(1) The Minister of Health and Welfare, a Mayor/Do Governor, the head of a Si/Gun/Gu, or the head of an entrusted institution pursuant to Articles 31 (3) and 38 (2) may require any of the following persons to submit data relating to activity support allowances, such as the details of activity support allowances provided, or have an affiliated public official to ask questions to interested persons or inspect relevant documents: <Amended by Act No. 13664, Dec. 29, 2015>
1. Recipients;
2. Activity support institutions;
3. Activity support personnel;
4. Educational institutions.
(2) Each public official who conducts an inspection pursuant to paragraph (1) shall carry a certificate showing his/her authority and paper showing matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period, scope and person in charge of inspection, relevant Acts and subordinate statutes, and present them to interested persons. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 44 (Prohibition of Divulgence, etc. of Confidential Information)
No current or former public official affiliated with the Ministry of Health and Welfare, Special Metropolitan Cities, Metropolitan Cities, Dos, Special Self-Governing Cities, Special Self-Governing Provinces, Sis, Guns or Gus, nor any current or former employee of entrusted institutions under Articles 31 (3) and 38 (2), Entitlement Deliberation Committees or institutions providing activity support shall use information, data, confidential information, etc. that they have learned in the course of performing his/her duties for purposes other than the purpose prescribed by this Act, or provide or divulge them to any third person or institution. <Amended by Act No. 13664, Dec. 29, 2015>
 Article 45 (Hearings)
Every City Mayor, Do Governor, or the head of each Si/Gun/Gu shall hold a hearing in any of the following cases:
1. Where cancelling the designation of an institution providing activity support services under Article 24 (1) or (2);
2. Where cancelling the designation of an educational institution under Article 28 (2);
3. Where cancelling the qualification of the personnel providing activity support services under Article 30 (1).
[This Article Wholly Amended by Act No. 13664, Dec. 29, 2015]
 Article 46 (Protection of Entitlement)
No entitlement to activity support allowances may be transferred, confiscated or provided as security.
CHAPTER IX PENALTY PROVISIONS
 Article 47 (Penalty Provisions)
(1) Any of the following persons 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. 14564, Feb. 8, 2017>
1. Any person who charges allowance costs by deceit or other fraudulent means;
2. Any person who uses, provides or divulges information, data, confidential information, etc. that he/she has learned in the course of performing his/her duties in violation of Article 44.
(2) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 14564, Feb. 8, 2017>
1. Any person who refuses to provide an activity support allowance without justifiable grounds in violation of Article 22 (1);
2. Any person who recommends, mediates or induces recipients or encourages such acts in violation of Article 22 (5).
(3) Any of the following persons 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. 14564, Feb. 8, 2017>
1. Any person who receives an activity support allowance or allows another person receive an activity support allowance by deceit or other fraudulent means;
2. Any person who obtains designation as an activity-support institution by deceit or other fraudulent means in violation of Article 20 (1);
3. Any person who obtains designation as an educational institution by deceit or other fraudulent means in violation of Article 28 (1).
 Article 48 (Joint Penalty Provisions)
If the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or an individual commits a violation referred to in Article 47 in connection with the duties of the corporation or the individual, in addition to the punishment of such violator, the corporation or the individual shall also be punished by a fine referred to in the relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
 Article 49 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding five million won:
1. Any person who fails to submit data pursuant to Article 7 (3) or submits false data;
2. Any person who fails to obtain modified designation, fails to file a report or files a false report in violation of Article 20 (4);
3. Any person who fails to keep records or manage data on the provision activity support allowances in violation of Article 22 (4);
4. Any person who fails to file a report on business closure or suspension or files a false report in violation of Article 23 (1);
5. Any person who refuses, interferes with or evades the submission of data, answering questions or inspections, or submits a false data in violation of Article 42 (2) or 43 (1).
(2) Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, Special Self-Governing Cities, Special Self-Governing Provinces, the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 13664, Dec. 29, 2015>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. <Amended by Act No. 10518, Mar. 30, 2011>
Article 2 (Preparatory Acts for Implementation of this Act)
(1) The Minister of Health and Welfare, the Governor of a Self-Governing Province, the head of a Si/Gun/Gu may make necessary preparation for implementing this Act from the date this Act enters into force.
(2) Where the Minister of Health and Welfare, the Governor of a Self-Governing Province, the head of a Si/Gun/Gu deems it necessary for implementing this Act, they may request the heads of relevant institutions to provide data necessary to implement this Act as prescribed in Article 7 (4) before this Act enters into force. In such cases, the heads of relevant institutions who have been requested to provide data shall provide relevant data unless any justifiable ground exists, and such data to be provided shall be exempted from usage fees, service charges, etc.
(3) Where the Minister of Health and Welfare deems it necessary for implementing this Act, he/she may take measures necessary for building and operating an information system on activity support for persons with disabilities pursuant to Article 40 before this Act enters into force.
Article 3 (Transitional Measures concerning Persons with Serious Disabilities Receiving Activity Support Services Pursuant to the Previous Act on Welfare of Persons with Disabilities)
(1) Any person with serious disabilities receiving activity support services pursuant to Article 55 of the previous Act on Welfare of Persons with Disabilities as at the time this Act enters into force (hereafter referred to as "person with serious disabilities receiving previous activity support allowances" in this Article) shall be deemed a person who has applied for an activity support allowance pursuant to Article 6 on the date this Act enters into force.
(2) Any person with serious disabilities receiving previous activity assistance allowances as at the time this Act enters into force shall be deemed subject to a decision to receive activity support allowances as at the time this Act enters into force, notwithstanding the provisions of Articles 7 and 9.
(3) Notwithstanding the provisions of Article 7 (2), any person with serious disabilities receiving previous activity assistance allowances as at the time this Act enters into force shall be exempt from an examination on his/her degree of disability.
Article 4 Omitted.
ADDENDUM <Act No. 10518, Mar. 30, 2011>
This Act shall enter into force on October 5, 2011.
ADDENDA <Act No. 11556, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 11861, Jun. 4, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 12070, Aug. 13, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on September 5, 2013.
Article 2 (Applicability to Suspension of Business)
The amended provisions of Articles 24 (1) and 28 (2) shall also apply to administrative dispositions rendered against any violation committed before this Act enters into force.
ADDENDA <Act No. 12617, May 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2014. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 13664, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That the amended provisions of Article 18-2, subparagraph 3 of Article 29, and Article 35 (4) shall enter into force on the date of its promulgation, and the amended provisions of Articles 33 (3) and (4) and 34 (1) shall enter into force on January 1, 2016.
Article 2 (Applicability to Organization of Deliberation Committees on Entitlement to Activity Support for Person with Disabilities)
(1) The amended provisions of Article 8 (5) and (6) shall apply starting from the appointment or commissioning (including reappointment) of members of entitlement deliberation committees after this Act enters into force.
(2) Where the amended provisions of Article 8 (6) applies under paragraph (1), no member who is in office by being re-appointed at least once before this Act enters into force shall be re-appointed after the term of office terminates.
Article 3 (Applicability to Suspension or Limitation of Activity Support Allowance)
The amended provisions of Article 19 (1) 2 shall apply starting from institutions providing activity support services or personnel providing activity support services involved in receiving costs for activity support allowance prescribed in Article 31 by false or other unjust methods after this Act enters into force.
Article 4 (Applicability to Imposition of Penalty Surcharges)
The amended provisions of Article 24-2 shall apply starting from misconduct committed after this Act enters into force.
Article 5 (Applicability to Cancellation and Suspension of Qualification of Personnel Providing Activity Support Services)
The amended provisions of Article 30 (1) 3 through 5 and paragraph (2) 4 of the same Article shall apply starting from misconduct committed after this Act enters into force.
Article 6 (Transitional Measures concerning Suspension of Business and Cancellation of Designation of Institutions Providing Activity Support Services)
(1) Notwithstanding the amended provisions of Article 24, the dispositions of suspension of business and cancellation of designation of institutions providing activity support services which are issued against misconduct committed before this Act enters into force shall be governed by the former provisions.
(2) The disposition of suspension of business which is issued against misconduct committed before this Act enters into force shall not be included in the calculation of number of times of disposition of suspension of business under the amended provisions of Article 24 (2) 3.
Article 7 (Transitional Measures concerning Grounds for Disqualification of Personnel Providing Activity Support Services)
(1) Persons under adult guardianship or limited guardianship prescribed in the amended provisions of subparagraph 3 of Article 29 shall be construed to include persons for whom the effect of sentence for incompetency or quasi-incompetency is maintained under Article 2 of Addenda of the partially amended Civil Act (Act No. 10429).
(2) Notwithstanding the amended provisions of subparagraph 6 of Article 29, cases falling under grounds for disqualification in the former subparagraph 6 of Article 29 due to misconduct committed before this Act enters into force shall be governed by the former provisions.
Article 8 (Transitional Measures concerning Disqualification of Personnel Providing Activity Support Services)
Notwithstanding the amended provisions of Article 30, cases falling into grounds for disqualification due to misconduct committed before this Act enters into force shall be governed by the former provisions.
Article 9 Omitted.
ADDENDUM <Act No. 14564, Feb. 8, 2017>
This Act shall enter into force on the date of its promulgation.