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ACT ON WELFARE OF PERSONS WITH DISABILITIES

Wholly Amended by Act No. 8367, Apr. 11, 2007

Amended by Act No. 8652, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9932, Jan. 18, 2010

Act No. 10220, Mar. 31, 2010

Act No. 10255, Apr. 12, 2010

Act No. 10323, May 27, 2010

Act No. 10426, Jan. 4, 2011

Act No. 10517, Mar. 30, 2011

Act No. 11010, Aug. 4, 2011

Act No. 11240, Jan. 26, 2012

Act No. 11521, Oct. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11977, Jul. 30, 2013

Act No. 13216, Mar. 11, 2015

Act No. 13366, jun. 22, 2015

Act No. 13367, jun. 22, 2015

Act No. 13661, Dec. 29, 2015

Act No. 13662, Dec. 29, 2015

Act No. 13663, Dec. 29, 2015

Act No. 13978, Feb. 3, 2016

Act No. 14224, May 29, 2016

Act No. 14222, May 29, 2016

Act No. 14562, Feb. 8, 2017

Act No. 14892, Sep. 19, 2017

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to social integration through improving welfare and encouraging participation in social activities of persons with disabilities by clarifying responsibilities of the State and local governments, etc. to ensure a decent life and the rights of persons with disabilities, advancing overall welfare measures for persons with disabilities through activities concerning the prevention of disability, medical care, education, rehabilitation of employment, and improvement of living environment, etc. for persons with disabilities and contributing to the stability of livelihood by deciding on necessary matters concerning self-reliance, protection, allowances, etc. of persons with disabilities.
 Article 2 (Definitions of Persons with Disabilities, etc.)
(1) "Person with a disability" means a person whose daily life or social activity is substantially hampered by physical or mental disability over a long period of time.
(2) Among persons with disabilities who fall under paragraph (1), those who are governed by this Act shall have the types and standards of disability prescribed by Presidential Decree and who shall suffer from any of the following conditions:
1. "Physical disability" means a disability of principal external bodily functions and of internal organs, etc.;
2. "Mental disability" means a disability caused by psychological development disorder or mental disease.
(3) "Abuse of persons with disabilities" means physical, mental, emotional, verbal or sexual violence, acts of cruelty, economic exploitation, abandonment or negligence towards persons with disabilities. <Newly Inserted by Act No. 11521, Oct. 22, 2012; Act No. 13366, Jun. 22, 2015>
 Article 3 (Fundamental Principle)
The fundamental principle of welfare of persons with disabilities is to attain social integration through full social participation and equality of persons with disabilities.
 Article 4 (Rights of Persons with Disabilities)
(1) Persons with disabilities shall be respected with dignity and valued as human beings and shall be treated as such.
(2) Persons with disabilities shall have a right to participate in political, economic, social, cultural and all the other fields of activities, as a citizen of the State and a member of society.
(3) Persons with disabilities shall have a priority right to participate in the policy-making processes related to persons with disabilities.
 Article 5 (Collection of Opinions and Participation of Persons with Disabilities and Guardians, etc.)
In determining and executing policies for persons with disabilities, the State and local governments shall collect opinions of persons with disabilities, their parents, spouses and other guardians. In such cases, the participation of the persons concerned shall be ensured for collection of such opinions.
 Article 6 (Protection of Persons with Severe Disabilities)
The State and local governments shall devise proper policies for persons with disabilities who are too impaired by severe disabilities to support themselves (hereinafter referred to as "person with a severe disability") so that they can be granted necessary protection, etc. through their lives.
 Article 7 (Protection of Interests of Women with Disabilities, etc.)
The State and local governments shall devise necessary policies, including basic learning and vocational education, to protect the interests of women with disabilities and to expand their social participation.
 Article 8 (Prohibition against Discrimination, etc.)
(1) No one shall be discriminated against in any area of political, economic, social or cultural life on the ground of his/her disability, and no one shall discriminate against persons with disabilities in any area of political, economic, social or cultural life on the grounds of his/her disability.
(2) No one shall despise or insult persons with disabilities or engage in unlawful profit-making activities by taking advantage of persons with disabilities, and all people shall endeavor to understand the disability of persons with disabilities.
 Article 9 (Responsibilities of State and Local Governments)
(1) The State and local governments shall be held responsible for the prevention of disability from occurring, enhancement of national interest in early detection of disabilities, support for self-reliance of persons with disabilities and the improvement of their welfare by protecting persons in need of such protection.
(2) The State and local governments shall devise policies to protect the interests of women with disabilities.
(3) The State and local governments shall actively promote the welfare policy for persons with disabilities to persons with disabilities and their guardians, and devise policies necessary for the nation to properly understand persons with disabilities.
 Article 10 (Responsibilities of Nation)
The whole nation shall endeavor to prevent disability from occurring and detect disabilities early, and treat persons with disabilities with dignity and cooperate to improve their welfare based on the principle of social integration.
 Article 10-2 (Comprehensive Policy Plans for Persons with Disabilities)
(1) For the advancement of rights, interests and welfare of persons with disabilities, the Minister of Health and Welfare shall formulate and implement a comprehensive policy plan for persons with disabilities (hereinafter referred to as "comprehensive plan") in consultation with the heads of relevant central administrative agencies every five years.
(2) Each comprehensive plan shall include the following matters:
1. Matters concerning the welfare of persons with disabilities;
2. Matters concerning the educational and cultural activities for persons with disabilities;
3. Matters concerning the economic activities for persons with disabilities;
4. Matters concerning the participation of persons with disabilities in social activities;
5. Other matters necessary for advancing the rights, interests and welfare of persons with disabilities.
(3) The head of each relevant central administrative agency shall formulate and implement a business plan for relevant affairs for the advancement of rights, interests and welfare of persons with disabilities each year, and submit the business plan and results of the previous year’s business plan to the Minister of Health and Welfare each year.
(4) The Minister of Health and Welfare shall formulate a comprehensive plan by combining the business plan submitted pursuant to paragraph (3) and implementation results: Provided, That he/she shall submit them for deliberation by the Policy Coordination Committee for Persons with Disabilities referred to in Article 11 in advance. The same shall apply to potential amendments to the comprehensive plans.
(5) The Minister of Health and Welfare shall evaluate the results of implementation of the comprehensive plan each year and shall, if necessary to reflect such results in the comprehensive plan, revise the comprehensive plans pursuant to the latter part of paragraph (4) or reflect them in the next round of a comprehensive plan.
(6) In addition to the matters prescribed in paragraphs (1) through (4), necessary matters concerning the timing, procedures, methods, etc. of formulating comprehensive plans shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11240, Jan. 26, 2012]
 Article 10-3 (Report to the National Assembly)
Where the Minister of Health and Welfare formulates a comprehensive plan or finalizes a relevant year's business plan and the evaluation of performance or results of the previous year’s business plan, he/she shall report such to the competent Standing Committee of the National Assembly without delay.
[This Article Newly Inserted by Act No. 13366, Jun. 22, 2015]
 Article 11 (Policy Coordination Committee for Persons with Disabilities)
(1) The Policy Coordination Committee for Persons with Disabilities (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to establish comprehensive policies for persons with disabilities, to coordinate opinions of the Ministries concerned, and to monitor and evaluate the execution of such policies.
(2) The Committee shall deliberate upon and coordinate the following matters:
1. Matters concerning the basic direction-setting for welfare policies for persons with disabilities;
2. Matters concerning the institutional improvement and budgetary support for the improvement of the welfare of persons with disabilities;
3. Matters concerning the coordination of important special education policies;
4. Matters concerning the coordination of important employment promotion policies for persons with disabilities;
5. Matters concerning the coordination of policies for ensuring mobility of persons with disabilities;
6. Matters concerning fund-raising related to the advancement of the policy for persons with disabilities;
7. Matters concerning the cooperation provided by ministries concerned on the welfare of persons with disabilities;
8. Other matters prescribed by Presidential Decree in relation to the welfare of persons with disabilities.
(3) The Committee may, if deemed necessary, request the administrative agency concerned to appear in person, provide explanations and present relevant materials.
(4) The Committee shall have a policy coordination working committee for persons with disabilities (hereinafter referred to as "working committee") for the prior examination of the matters in paragraph (2) and adjustment of the matters requiring cooperation among the agencies concerned.
(5) Matters necessary for the composition and operation of the Committee and a working committee shall be prescribed by Presidential Decree.
 Article 12 (Designation, etc. of Officials in Charge of Policy for Persons with Disabilities)
(1) The head of each central administrative agency may designate an official to be in charge of policies for persons with disabilities from among public officials under his/her jurisdiction in order to efficiently establish and execute the policies for persons with disabilities of the agency concerned.
(2) Matters necessary for designating officials in charge of policies for persons with disabilities under paragraph (1) and their duties, etc. shall be prescribed by Presidential Decree.
 Article 13 (Local Committee for Welfare of Persons with Disabilities)
(1) A local government shall have a local committee for welfare of persons with disabilities to deliberate upon matters necessary for planning, investigation, implementation, etc. of activities related to the welfare of persons with disabilities.
(2) Matters necessary for the organization and operation of a local committee for welfare of persons with disabilities under paragraph (1) shall be prescribed by ordinances of the relevant local government prescribed in the standards prescribed by Presidential Decree.
 Article 14 (Day of Persons with Disabilities)
(1) In order to deepen public understanding of persons with disabilities and to enhance the willingness for rehabilitation of persons with disabilities, April 20 each year shall be set aside as Day of Persons with Disabilities and the week starting from Day of Persons with Disabilities shall be set aside as Week of Persons with Disabilities.
(2) The State and local governments shall endeavor to perform activities including hosting events to celebrate the Day of Persons with Disabilities.
 Article 15 (Relationship to other Acts)
With respect to persons with disabilities governed by other Acts prescribed by Presidential Decree, including the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, among persons with disabilities defined in Article 2, the application of this Act may be restricted as prescribed by Presidential Decree. <Amended by Act No. 14224, May 29, 2016>
 Article 16 (Measures related to Legislation, etc.)
The State and local governments shall take measures relating to legislation and finance necessary to attain the objectives of this Act.
CHAPTER II FORMULATION OF FUNDAMENTAL POLICY
 Article 17 (Prevention of Disability)
(1) The State and local governments shall accelerate investigation and research concerning causes of disabilities and the prevention thereof, and shall reinforce mother and child health services, detect and treat diseases early that cause disabilities, and take other necessary measures.
(2) The State and local governments shall take necessary measures to prevent disabilities caused by traffic accidents, industrial disasters, drug abuse, environmental pollution, etc.
 Article 18 (Medical and Rehabilitation Treatment)
The State and local governments shall take necessary measures, including supplying persons with disabilities with rehabilitation medical services, such as functional treatment and psychological treatment, in order for them to learn or restore their basic capabilities and supplying them with auxiliary appliances for use by those with disabilities.
 Article 19 (Social Adaptation Training)
The State and local governments shall provide adaptation training for persons with disabilities so that they can live their daily lives or engage in social activities smoothly after such rehabilitation treatment is completed.
 Article 20 (Education)
(1) The State and local governments shall take necessary measures to upgrade contents and methods of education, etc. so that persons with disabilities can be sufficiently educated based on age, capabilities, and type and degree of disability under the principle of social integration.
(2) The State and local governments shall promote surveys and research on the education of persons with disabilities.
(3) The State and local governments shall devise a system which provides persons with disabilities with specialized educational courses.
(4) No head of school of any grade shall take disadvantageous measures against a person with a disability subject to education, where a person with a disability who requires education intends to enter such school, by rejecting the application for admission to school or the admission into school of a person with a disability who has passed the entrance examination, etc. on the ground of his/her disability.
(5) All educational institutions shall maintain facilities to match the types and degrees of disabilities so that persons with disabilities can enter school and study without difficulty.
 Article 21 (Vocations)
(1) The State and local governments shall take necessary measures such as vocational guidance, evaluation on vocational capabilities, vocational adaptation training, vocational training, job agency, employment and post-employment guidance, so that persons with disabilities can engage in vocations suitable for their aptitude and capabilities.
(2) The State and local governments shall facilitate and encourage more surveys and research to be conducted on the types of vocations suitable for persons with disabilities and rehabilitation activities so that vocational rehabilitation training for persons with disabilities can be performed smoothly.
 Article 22 (Access to Information)
(1) The State and local governments shall endeavor to improve telecommunications and broadcasting facilities, etc. to make access to information and expressing opinions easier for people with disabilities.
(2) The State and local governments shall request private broadcasting business entities, including the heads of broadcasting stations, to broadcast programs prescribed by Presidential Decree, including news and major national affairs, with the captioning of Korean sign language or closed captioning for hearing-impaired persons, and screen readers, captions, etc. for visually impaired persons. <Amended by Act No. 13978, Feb. 3, 2016>
(3) The State and local governments shall provide interpretation of Korean sign language for hearing-impaired persons and materials inserted with braille or braille/voice convertible code for visually impaired persons when holding events prescribed by Presidential Decree, such as national events, other educational events, and rallies, and they may request the dactylology interpretation and materials inserted with braille or braille/voice convertible code to be provided for events held by the private sector. <Amended by Act No. 11240, Jan. 26, 2012; Act No. 13978, Feb. 3, 2016>
(4) Private business entities, including heads of broadcasting stations, and private event sponsors who receives such a request referred to in paragraphs (2) and (3) shall comply therewith unless there is a justifiable reason to the contrary.
(5) The State and local governments shall endeavor to supply books in braille, audible books, etc. to ensure that visually impaired persons can access information as easily as other people.
(6) The State and local governments shall take necessary measures, such as provision of support, and the development and dissemination of tools necessary to access and use information communication networks and information communication equipment, taking into account the characteristics of persons with disabilities.
 Article 23 (Convenience Facilities)
(1) The State and local governments shall formulate policies necessary for installing and operating convenience facilities for persons with disabilities so that they can use public facilities and traffic facilities safely and conveniently.
(2) The State and local governments shall devise necessary policies with regard to provision of human services, such as interpretation of Korean sign language and usher service, for the convenient use of public facilities. <Amended by Act No. 13978, Feb. 3, 2016>
 Article 24 (Safety Countermeasures)
The State and local governments shall, taking into account the characteristics of persons with disabilities, devise necessary measures including safety countermeasures, such as securing refuge paths, installing information boards in braille, audio and printed form, and providing an emergency notice system for visually impaired persons, hearing-impaired persons and mobility-impaired persons in preparation for accidents which may occur due to disabilities, such as fall from height, and emergency disasters, etc.
 Article 25 (Raising Social Awareness)
(1) The State and local governments shall implement publicity campaigns, such as education and public advertisement to students, public officials, workers, and general public, to raise awareness of persons with disabilities.
(2) The heads of State agencies and local governments, child-care centers under the Infant Care Act, the heads of various levels of schools under the Early Childhood Education Act, the Elementary and Secondary Education Act and the Higher Education Act, and the heads of other educational institutions and public organizations prescribed by Presidential Decree shall conduct education of employees and students under their jurisdiction to raise awareness of persons with disabilities, and submit the results thereof to the Minister of Health and Welfare. <Newly Inserted by Act No. 13663, Dec. 29, 2015>
(3) The State shall ensure that the contents of awareness-raising about persons with disabilities are included in the textbooks used by schools under the Elementary and Secondary Education Act.
(4) Necessary matters concerning the activities referred to in paragraphs (1) and (3), and the contents and methods of education and submission of the results thereof referred to in paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 13663, Dec. 29, 2015>
 Article 26 (Provision of Convenience for Exercise of Voting Rights)
The State and local governments shall take necessary measures to enable persons with disabilities to exercise their voting rights without difficulty, such as installing facilities and equipment, promote the exercise of voting rights, and developing and supplying auxiliary appliances for voting.
 Article 27 (Supply of Housing)
(1) The State and local governments shall, when building public housing, etc., endeavor to preferentially parcel out or rent such housing to persons with disabilities, taking into account the degree of disability.
(2) The State and local governments shall take necessary measures for supplying and improving housing suitable for persons with disabilities, such as subsidization of purchasing funds, rental funds, or renovation and repair expenses of the housing.
 Article 28 (Improvement, etc. of Cultural Environment)
In order to promote the cultural lives and physical activities of persons with disabilities, the State and local governments shall endeavor to maintain related facilities, equipment and other environments in good condition, and to support the cultural lives and physical activities.
 Article 28 (Improvement, etc. of Cultural Environment)
In order to ensure the cultural lives, sports activities, and tourism activities of persons with disabilities, the State and local governments shall endeavor to maintain related facilities, equipment and other environments in good condition, and to support the cultural lives, sports activities, tourism activities, etc. <Amended by Act No. 14892, Sep. 19, 2017>
<<Enforcement Date: Mar. 20, 2018>>
 Article 29 (Promotion of Welfare Research, etc.)
(1) The State and local governments shall take necessary measures to develop policies for persons with disabilities, etc., such as overall and systematic investigation, research and evaluation for welfare of persons with disabilities, and physical cultural activities of persons with disabilities.
(2) The Korea Disabled People's Development Institute (hereinafter referred to as the "Development Institute") shall be established as an incorporated foundation for investigations and research, policy development, welfare promotion, rehabilitation physical cultural promotion, etc. related to persons with disabilities under paragraph (1).
(3) The operation and activities of the Development Institute shall be prescribed by its articles of association.
(4) The State and local governments may subsidize expenses necessary for operating the Development Institute and reduce or exempt taxes and apply special cases of the income calculation for the property donated to the Development Institute, as prescribed by the Restriction of Special Taxation Act.
 Article 30 (Reduction of Financial Burdens)
(1) The State and local governments, public agencies under Article 4 of the Act on the Management of Public Institutions, local government-invested public corporations or local government public corporations under the Local Public Enterprises Act shall take taxation measures, reduce or exempt the charges for using public facilities and take other necessary measures to ease the financial burden of persons with disabilities and the persons supporting them and to promote their self-reliance.
(2) Operators of transport business run by the State and local governments, public agencies under Article 4 of the Act on the Management of Public Institutions, local government-invested public corporations or local government public corporations under the Local Public Enterprises Act shall take measures for reduction and exemption of fares for persons with disabilities and persons accompanying them for their protection in order to ease the financial burden of persons with disabilities and persons supporting them and to support their self-reliance.
 Article 30-2 (Support for Families with Household Member with Disability)
(1) The State and local governments shall establish and implement the following measures to improve the quality of life and maintain stable family life of families with a household member with a disability:
1. Programs to improve awareness about families with a household member with a disability;
2. Support for the care of families with a household member with a disability;
3. Support for the relaxation of families with a household member with a disability;
4. Support for the case management of families with a household member with a disability;
5. Support for strengthening capacity of families with a household member with a disability;
6. Counseling for families with a household member with a disability;
7. Other support that the Minister of Health and Welfare deems necessary for families with a household member with a disability.
(2) In order to efficiently perform supporting services for families with a household member with a disability, the State and local governments may designate institutions, organizations, etc. that perform services related to persons with disabilities as agencies for providing services to support families with a household member with a disability (hereinafter referred to as "implementing agency").
(3) The State and local governments may revoke designation if the implementing agency falls under any of the following cases: Provided, That if it falls under subparagraph 1, the designation shall be revoked:
1. Where the designation is obtained by fraud or other improper means;
2. Where it fails to meet the criteria for designation prescribed in paragraph (4);
3. Where it fails to perform services for supporting families with a household member with a disability, without good cause.
(4) Matters necessary for the criteria, procedures, etc. for designating an implementing agency shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 14562, Feb. 8, 2017]
CHAPTER III WELFARE MEASURES
 Article 31 (Fact-Finding Survey)
(1) The Minister of Health and Welfare shall conduct a fact-finding survey of persons with disabilities every three years in order to obtain basic data required to formulate welfare policies for persons with disabilities.
(2) Necessary matters concerning the methods, target respondents, details, etc. of fact-finding surveys of persons with disabilities referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11240, Jan. 26, 2012]
 Article 32 (Registration as Persons with Disabilities)
(1) A person with a disability and his/her legal representative or his/her guardian prescribed by Presidential Decree (hereinafter referred to as "legal representative, etc.") shall register details of the disability and other matters prescribed by Ordinance of the Ministry of Health and Welfare with the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), and if the person with a disability who has filed an application for registration meets the standards referred to in Article 2, the Mayor of the Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province, or the head of the Si/Gun/Gu shall issue a registration certificate for a person with a disability (hereinafter referred to as "registration certificate") to him/her. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10323, May 27, 2010; Act No. 13366, Jun. 22, 2015; Act No. 14562, Feb. 8, 2017>
(2) Deleted. <by Act No. 14562, Feb. 8, 2017>
(3) The Mayor of the Special Self-Governing City Mayor, the Governor of the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may take necessary measures for a person with a disability or his/her legal representative, etc., such as diagnosis of disability, in order to adjust a disability rating of the person with a disability who has received a registration certificate pursuant to paragraph (1) according to a change in the conditions of disability. <Amended by Act No. 14562, Feb. 8, 2017>
(4) The Ministry of Health and Welfare may have a Disability Decision Committee under its jurisdiction to take charge of the affairs concerning disability acknowledgement and rating assessment. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) No registration certificate shall be transferred or lent, and no name or mark similar to a registration certificate shall be used.
(6) The Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province, and the head of a Si/Gun/Gu may request a precise examination on the degree of disability from a public institution under Article 4 of the Act on the Management of Public Institutions, if necessary to verify that the disability acknowledgement and rating assessment of a person with a disability is appropriate in registering the person with a disability under paragraph (1) and in adjusting the disability rating according to a change in the conditions of disability under paragraph (3). <Newly Inserted by Act No. 10323, May 27, 2010; Act No. 13366, Jun. 22, 2015; Act No. 13663, Dec. 29, 2015>
(7) A public institution entrusted with a precise examination on the degree of disability under paragraph (6) may request the perusal of materials related to the relevant medical services of the person in question and the issuance of the copy thereof from a medical institution under the Medical Service Act after obtaining consent from the person who intends to receive the examination, his/her legal representative, etc., if necessary. In such cases, the medical institution in receipt of such request shall comply therewith, except in extenuating circumstances, and the State or a local government may subsidize fees, charges, etc for the use of materials provided to such public institution within budgetary limits. <Newly Inserted by Act No. 13663, Dec. 29, 2015; Act No. 14562, Feb. 8, 2017>
(8) Except as provided for in paragraphs (1) and (3) through (7), matters necessary for registration of persons with disabilities, the issuance of registration certificates, the diagnosis of disabilities and precise examinations on the degree of disability, the Disability Decision Committee, the request for the perusal of materials related to medical services or the issuance of the copies thereof, and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10323, May 27, 2010; Act No. 13663, Dec. 29, 2015; Act No. 14562, Feb. 8, 2017>
 Article 32-2 (Registration as Person with a Disability by Overseas Koreans and Foreigners)
(1) Any overseas Korean or foreigner who falls under any of the following subparagraphs may be registered as a person with a disability pursuant to Article 32: <Amended by Act No. 13663, Dec. 29, 2015>
1. A person who reports his/her place of residence in Korea pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;
2. A person who obtains resident registration as a Korean national residing abroad under Article 6 of the Resident Registration Act;
3. A person who completes registration as foreigners pursuant to Article 31 of the Immigration Act, and also has qualifications for permanent residency in Korea among qualifications for sojourn referred to in Article 10 (1) of the same Act;
4. A person who is an immigrant by marriage referred to in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea.
(2) With respect to persons with disabilities who are registered pursuant to paragraph (1), the State and local governments may restrict support to welfare-related business for persons with disabilities in consideration of budgetary conditions, etc.
[This Article Newly Inserted by Act No. 11240, Jan. 26, 2012]
 Article 32-3 (Revocation, etc. of Registration of Persons with Disabilities)
(1) Where a person in receipt of a registration certificate under Article 32 (1) (including his/her legal representative, etc. in cases falling under subparagraph 3) falls under any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall revoke the registration of the person with a disability:
1. Where he/she deceases;
2. Where he/she fails to meet the criteria provided for in Article 2;
3. Where he/she fails to comply with necessary measures such as an order to receive a diagnosis of disability under Article 32 (3) during the period prescribed by Ordinance of the Ministry of Health and Welfare without good cause;
4. Where he/she applies for the revocation of registration as a person with a disability.
(2) In any of the following cases, the Special Self-Governing City Mayor, or the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall order a person who has received a registration certificate pursuant to Article 32 (1); legal representative, etc.; a person who has obtained a registration certificate by improper means; and any other relevant person to return such registration certificate:
1. Where the registration as a person with a disability is revoked pursuant to paragraph (1);
2. Where the registration certificate is obtained by improper means, such as double issuance, transfer, or lending.
(3) A person in receipt of an order to return his/her registration certificate under paragraph (2) shall comply therewith unless there is a justifiable cause not to do so.
(4) Except as provided for in paragraphs (1) and (2), matters necessary for the revocation of registration of persons with disabilities, return of registration certificates, and any other relevant mattes shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 14562, Feb. 8, 2017]
 Article 32-4 (Projects to Support Persons with Disabilities concerning Welfare Services)
(1) In order to provide necessary welfare services in time to the persons with disabilities registered under Article 32 (1), the State and local governments shall implement the following projects to support persons with disabilities:
1. Counselling on and provision of information concerning welfare services;
2. Filing applications for welfare services on their behalf;
3. Survey on the needs of each person with a disability and assistance in the formulation of plans to provide welfare services;
4. Establishment of ties between persons with disabilities, and institutions, corporations, organizations and facilities providing welfare services;
5. Development of welfare resources, including welfare services, and establishment of a database;
6. Other projects necessary to provide welfare services.
(2) The State and local governments may entrust the projects for supporting persons with disabilities referred to in paragraph (1) to public institutions under Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree. In such cases, the State and local governments may fully or partially subsidize expenses incurred in implementing the projects within budgetary limits.
(3) Except as provided for in paragraphs (1) and (2), matters necessary for the projects for supporting persons with disabilities and the implementation of such projects shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13366, Jun. 22, 2015]
 Article 32-5 (Provision of Information on Persons with Disabilities whose Disability Ratings are Changed or Lost and other Relevant Applicants)
(1) The Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province, and the head of a Si/Gun/Gu shall provide information on the change in the support resulting from changes in or loss of disability ratings and various information necessary for rehabilitation and self-support, to the persons with disabilities whose disability ratings are changed or lost and the applicants who have failed to receive disability ratings in the course of registration as persons with disabilities under Article 32.
(2) Matters necessary for the persons to be provided with information under paragraph (1), the criteria for, and the details and methods of, providing it, and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13663, Dec. 29, 2015]
 Article 33 (Counselors for Welfare of Persons with Disabilities)
(1) A Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall employ counselors to take charge of the duties of counseling and support for the improvement of welfare for persons with disabilities.
(2) Counselors shall, in performing their duties, treat persons with disabilities with dignity and shall not reveal confidential information concerning personal conditions they become aware of in the course of performing their duties.
(3) Appointment, duties, remuneration, and other necessary matters for counselors shall be prescribed by Presidential Decree.
 Article 34 (Measures such as Rehabilitation Counselling)
(1) The Minister of Health and Welfare, the Special Metropolitan City Mayor, Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare services agency") shall provide medical examination and rehabilitation counseling for persons with disabilities and, when deemed necessary, take the following measures: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13366, Jun. 22, 2015>
1. Providing medical care and health guidance for persons with disabilities by requesting national and public hospitals, public health centers, their branches, and other medical institutions (hereafter referred to as "medical institutions") to render the said services;
2. Providing necessary services, including accommodations, counselling, medical treatment, and training, at the welfare facilities for persons with disabilities installed by the State or a local government;
3. Providing necessary services, including accommodation, counseling, medical treatment, and training, at welfare facilities for persons with disabilities installed under Article 59 by entrusting such services to the facilities;
4. Introducing persons who need vocational training provided by public occupational capability development facilities or placement services, to related facilities or employment security service agencies.
(2) Welfare services agencies for persons with disabilities may, when deemed necessary for the rehabilitation counseling under paragraph (1), require welfare counselors for persons with disabilities under Article 33 to visit homes of the relevant persons with disabilities or the facilities or medical institutions where such services as accommodations, counselling, medical treatment, and training are rendered to the persons with disabilities, to provide counseling or necessary guidance.
 Article 35 (Rendering Services for Rehabilitation and Support for Self-Reliance Classified by Type of Disability and by Degree of Disability, etc.)
The State and local governments shall take necessary measures such as rendering services for rehabilitation and support for self-reliance, classified by type of disability and by degree of disability to make the daily lives of persons with disabilities convenient and to enhance their participation in social activities, and may support such measures within budgetary limits.
 Article 36 Deleted. <by Act No. 13661, Dec. 29, 2015>
 Article 37 (Support of Helpers for Post-Natal Care, etc.)
(1) The State and local governments may provide a woman with a disability with a helper who is to visit his/her home for pre- and post-natal care (hereinafter referred to as "helper for post-natal care") to manage the health of the pregnant woman with a disability and her newborn baby, taking into account her financial capability, etc.
(2) The State and local governments shall conduct regular monitoring (referring to regular checking activity to secure the practical effect of support activity of helpers for post-natal care) of the support activities of helpers for post-natal care under paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Matters necessary for standards and methods of support of helpers for post-natal care shall be prescribed by Presidential Decree.
 Article 38 (Provision of Educational Expenses for Children)
(1) A welfare services agency for persons with disabilities may provide educational expenses for children supported by persons with disabilities or children with disabilities, taking into account their financial capability.
(2) Necessary matters concerning those eligible to receive educational expenses, standards, methods, etc. for the payment thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 39 (Support, etc. for Cars, etc. Used by Persons with Disabilities)
(1) The State and local governments and other public organizations shall take necessary support measures, including reduction or exemption of taxes for persons with disabilities to conveniently use cars, etc. as a means of mobility and to ease their financial burden.
(2) The head of a Si/Gun/Gu shall issue a mark that distinguishes cars used by persons with disabilities from other cars (hereinafter referred to as "mark of cars, etc. used by persons with disabilities") to ensure that persons with disabilities can conveniently use the cars, etc.
(3) The mark of cars, etc. used by persons with disabilities shall not be used in such an unjust manner as lending or transfer of the mark to persons other than persons prescribed by Ordinance of the Ministry of Health and Welfare, and no mark and name, etc. similar to such mark shall be used. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(4) Matters necessary for those eligible for issuance of the mark of cars, etc. used by persons with disabilities and procedures therefor shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 40 (Support, etc. for Training and Supply of Guide Dogs for Persons with Disabilities)
(1) For the improvement of welfare of persons with disabilities, the State and local governments shall take measures to support the training and supply of guide dogs that will assist persons with disabilities.
(2) The Minister of Health and Welfare may issue a mark of a guide dog (hereinafter referred to as "mark of a guide dog") to guide dogs for persons with disabilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) When a person with a disability accompanied by a guide dog with the mark of a guide dog intends to use means of public transportation or enter public places, lodging facilities, restaurants, etc. frequented by many people, no one shall reject him/her without any good cause. The same shall apply in cases where a trainer of guide dogs for persons with disabilities who is working for a specialized training institution designated pursuant to paragraph (4) or a voluntary worker related to the training of guide dogs for persons with disabilities accompanies a guide dog for persons with disabilities carrying the mark of guide dog. <Amended by Act No. 11240, Jan. 26, 2012>
(4) The Minister of Health and Welfare may designate specialized training institutions for training and supply of guide dogs for persons with disabilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(5) Necessary matters concerning those eligible to carry the mark, procedures for the issuance of the mark of a guide dog, and designation of specialized training institutions, shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 41 (Loan of Fund, etc.)
The State and local governments may lend funds to persons with disabilities to help them start their businesses and learn necessary knowledge and skills, as prescribed by Presidential Decree.
 Article 42 (Support for Business)
(1) When the State and local governments, and other public organizations permit or entrust the installation of stores selling daily necessities, including foodstuffs, office supplies, and newspapers, or of vending machines in public facilities under their jurisdiction, they shall endeavor to prioritize applications filed by persons with disabilities.
(2) If a person with a disability files an application to be designated as a tobacco retailer under the Tobacco Business Act, the head of a Si/Gun/Gu shall endeavor to give priority to designating him/her as a tobacco retailer.
(3) If a person with a disability files an application for the contract for sales of domestic postage stamps under the statutes concerning postal services, the postal service public office shall endeavor to give priority to him/her for such contract.
(4) A person who has been permitted, entrusted, designated, etc. under paragraphs (1) through (3) shall personally operate such business unless extraordinary circumstances exist.
(5) A person holding a right to permit the installation of stores and vending machines under paragraph (1) shall take measures to investigate places of installation, kinds of goods to be sold, etc. and then notify a relevant person with a disability of the results.
 Article 43 (Supply of Self-Reliance Training Expenses)
(1) When deemed necessary for persons with disabilities arranged or entrusted with accommodation, counselling, medical treatment, training, etc. in welfare facilities for persons with disabilities under Article 34 (1) 2 or 3, to effectively get training in the facilities, welfare services agencies for persons with disabilities may supply persons with disabilities with training expenses for self-reliance, and if extraordinary circumstances exist, supply them with goods in lieu of training expenses.
(2) Matters necessary for providing training expenses for self-reliance and supplying goods under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 44 (Purchase of Goods)
The State, local governments and other public organizations shall prepare measures necessary for the prioritized purchase of goods produced at welfare facilities for persons with disabilities and welfare organization for persons with disabilities.
[This Article Wholly Amended by Act No. 11240, Jan. 26, 2012]
 Article 45 (Certification for Goods Produced)
(1) The Minister of Health and Welfare may implement a certification system for sales promotion and quality improvement of goods produced by welfare facilities for persons with disabilities and welfare organizations for persons with disabilities, and for the protection of consumers and purchasers. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Matters necessary for applications, standards, procedures for certification, methods for marking certification under paragraph (1) and designation of items subject to certification, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) Except where certification is obtained under paragraphs (1) and (2), no one shall attach a certification mark prescribed by Ordinance of the Ministry of Health and Welfare under paragraph (2) on goods produced or the package, container or promotional material of such goods. <Newly Inserted by Act No. 11977, Jul. 30, 2013>
 Article 45-2 (Revocation of Certification)
(1) Where any goods certified under Article 45 (1) and (2) falls under any of the following cases, the Minister of Health and Welfare may revoke the certification:
1. Where the certification has been obtained by fraud or other improper means;
2. Where the goods have failed to meet the detailed standards for certification referred to in Article 45 (2).
(2) Where the Minister of Health and Welfare intends to revoke any certification under paragraph (1), he/she shall notify such fact in advance through a document (including electronic documents) stating the reason therefor.
(3) The person in receipt of the notification under paragraph (2) may submit explanatory materials within ten days.
(4) After examining the explanatory materials received under paragraph (3), the Minister of Health and Welfare shall determine whether to revoke the certification.
(5) Except as expressly provided for in paragraphs (1) through (4), matters necessary for the standards, procedures, etc. for the revocation of certification shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 11977, Jul. 30, 2013]
 Article 46 (Spurring Employment)
The State and local governments shall endeavor to employ persons with disabilities equipped with the capabilities and aptitudes necessary for the business they directly conduct, and may recommend that business entities who conduct the business fit for persons with disabilities employ them according to their capabilities and aptitudes.
 Article 46-2 (Provision of Convenience to Examinees with Disabilities)
(1) In conducting any qualifying examinations, service examinations, etc., the State, local governments, and the heads of the institutions and organizations prescribed by Presidential Decree shall provide convenience to examinees with disabilities so that they can take the examination under conditions equal to those of examinees who have no disabilities.
(2) The scope of examinations requiring provision of convenience under paragraph (1) shall be prescribed by Presidential Decree, and the details of, criteria for, and methods, of providing convenience and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13663, Dec. 29, 2015]
 Article 47 (Preferential Use of Public Facilities)
When deemed necessary to support self-reliance of persons with disabilities, the State, local governments, and other public organizations may enable persons with disabilities to preferentially use a part of their public facilities.
 Article 48 (Preferential Sale or Onerous and Gratuitous Lending of National and Public Property)
(1) The State and local governments may preferentially sell or lease national or public property, lend at a cost or gratuitously, or allow to use it free of charge and earn profit therefrom where necessary for installing welfare facilities for persons with disabilities under this Act or facilities related to welfare activities for persons with disabilities by welfare organizations for persons with disabilities, notwithstanding the State Property Act or the Public Property and Commodity Management Act. <Amended by Act No. 11977, Jul. 30, 2013>
(2) If a person who purchased or leased lands and facilities, or borrowed money from the State or a local government under paragraph (1) fails to install welfare facilities for persons with disabilities or facilities related to welfare activities for persons with disabilities of welfare organizations for persons with disabilities within two years from the date of such purchase, the lease or the lending, the State and local governments may redeem the lands and facilities or revoke the lease contract.
 Article 49 (Disability Allowances)
(1) The State and local governments may provide disability allowances to persons with disabilities in order to make up for additional expenses incurred due to their disabilities, taking into account the degree of disability and financial conditions of the persons with disabilities: Provided, That the State and local governments shall ensure supply of disability allowances to persons with disabilities who receive livelihood allowance referred to in Article 7 (1) 1 of the National Basic Living Security Act and medical benefits referred to in subparagraph 3 of the same paragraph. <Amended by Act No. 11240, Jan. 26, 2012; Act No. 13663, Dec. 29, 2015>
(2) Notwithstanding paragraph (1), no disability allowance under paragraph (1) shall be paid to persons with severe disabilities defined in subparagraph 1 of Article 2 of the Act on Pensions for Persons with Disabilities. <Newly Inserted by Act No. 10255, Apr. 12, 2010>
(3) Where the State or a local government intends to pay disability allowances pursuant to paragraph (1), it may examine the degree of disability of a person who seeks to receive the disability allowances. <Newly Inserted by Act No. 14562, Feb. 8, 2017>
(4) Where a person who seeks to receive disability allowances refuses, obstructs, or evades the examination of the degree of disability to be conducted pursuant to paragraph (3), the State or the local government need not to pay disability allowances, notwithstanding paragraph (1). <Newly Inserted by Act No. 14562, Feb. 8, 2017>
(5) Necessary matters concerning recipients of disability allowances under paragraph (1), payment standards and methods, persons subject to examination under paragraph (3), examination procedures and method, and any other relevant matters shall be prescribed by Presidential Decree. <Amended by Act No. 14562, Feb. 8, 2017>
 Article 50 (Allowance for Children with Disabilities and Guardian Allowance)
(1) The State and local governments may provide children with disabilities with allowance for children with disabilities to make up for the additional expenses due to the disability, taking into account the economic standard of living of their guardians and the degree of disability of children with disabilities.
(2) The State and local governments may provide a guardian taking care of persons with disabilities with guardian allowance to make up for additional expenses incurred due to the disability, taking into account his/her financial conditions and degree of disability of persons with disabilities.
(3) Matters necessary for those eligible to receive allowance for children with disabilities and guardian allowance, standards and methods for providing these allowances under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 50-2 (Application for Payment of Educational Expenses for Children, Disability Allowances, etc.)
(1) Any person who intends to receive educational expenses for children referred to in Article 38 (hereinafter referred to as "educational expenses for children"), and disability allowances, allowances for children with disabilities and guardian allowances referred to in Articles 49 and 50 (hereinafter referred to as "disability allowances, etc.") may file an application for the payment of educational expenses for children and disability allowances, etc. with the Mayor of the Special Self-Governing City, the Governor of the Special Self-Governing Province, or the head of a Si/Gun/Gu as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 13366, Jun. 22, 2015>
(2) An applicant and his/her family members (referring to the family members of an individual household referred to in subparagraph 8 of Article 2 of the National Basic Living Security Act; hereinafter the same shall apply) shall, when filing an application as provided for in paragraph (1), submit a written consent to provision of the following materials or information as prescribed by Presidential Decree: <Amended by Act No. 14562, Feb. 8, 2017>
1. The average deposit account balance among materials or information on financial assets and financial transactions defined in subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other materials or information prescribed by Presidential Decree (hereinafter referred to as "financial information");
2. The amount of debts among credit information defined in subparagraph 1 of Article 2 of the Credit Information Use and Protection Act and other materials or information prescribed by Presidential Decree (hereinafter referred to as "credit information");
3. Premiums paid after subscription to insurance schemes referred to in the subparagraphs of Article 4 (1) of the Insurance Business Act and materials or information prescribed by Presidential Decree (hereinafter referred to as "insurance information").
[This Article Newly Inserted by Act No. 11240, Jan. 26, 2012]
 Article 50-3 (Provision of Financial Information, etc.)
(1) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the heads of financial companies, etc. referred to in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or the heads of credit information collection agencies referred to in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act (hereinafter referred to as "financial institutions, etc.") to provide him/her with financial information, credit- or insurance-related information (hereinafter referred to as "financial information, etc.") in electronic form, a change from the written consent submitted by applicants and their family members pursuant to Article 50-2 (2).
(2) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the heads of financial institutions, etc. to provide him/her with the financial information, etc. on beneficiaries and their family members in document form (including electronic documents) in which the personal information thereon is specified in compliance with criteria prescribed by Presidential Decree if he/she deems it necessary to confirm the eligibility of persons receiving educational expenses for children and disability allowances, etc. (hereinafter referred to as “beneficiary”) for the payment thereof.
(3) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the head of any financial institution, etc. upon receiving a request to provide financial information, etc. shall, pursuant to paragraphs (1) and (2), provide the financial information, etc. on the title holder.
(4) The head of any financial institution, etc. who provides financial information, etc. pursuant to paragraph (3) shall notify such fact to the title holder: Provided, That he/she may choose not to do so if the title holder gives consent thereto, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Credit Information Use and Protection Act. <Amended by Act No. 13216, Mar. 11, 2015>
(5) Each request for the provision of financial information, etc. referred to in paragraphs (1) through (3) and the provision thereof shall be made via the information and communications network referred to in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.: Provided, That the same shall not apply in cases where there is any unavoidable cause, such as damage to the information and communications network.
(6) No person who is or was engaged in business referred to in paragraphs (1) through (3) shall use the financial information, etc. he/she has acquired in the course of performing his/her duties for purposes other than those prescribed in this Act, nor provide or divulge such information to other persons or institutions.
(7) Necessary matters concerning requests for provision, provision, etc. of financial information, etc., referred to in paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11240, Jan. 26, 2012]
 Article 50-4 (Welfare Benefit Receipt Accounts of Persons with Disabilities)
(1) If requested by a beneficiary, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall deposit educational expenses for children, and disability allowances, etc. to the account designated in the name of the beneficiary (hereinafter referred to as "welfare benefit receipt account of a person with a disability"): Provided, That when it is impossible to transfer them to the welfare benefit receipt account of the person with a disability due to an information and communication failure or any other unavoidable cause prescribed by the Presidential Decree, the educational expenses for children, and disability allowances, etc. may be paid in cash or by other means as prescribed by the Presidential Decree.
(2) Financial institutions where welfare benefit receipt accounts of persons with disabilities are opened shall manage them in the way that only the educational expenses for children, disability allowances, etc. under this Act can be deposited therein.
(3) Method and procedures for application under paragraph (1) and matters necessary for the management of welfare benefit receipt accounts of persons with disabilities under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14222, May 29, 2016]
 Article 51 (Recovery of Educational Expenses for Children, and Disability Allowances, etc.)
(1) When a person who receives educational expenses for children, and disability allowance, etc. falls under any of the following, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall recover some or all of the educational expenses for children, and disability allowance, etc. received by such person: <Amended by Act No. 13366, Jun. 22, 2015>
1. When a person receives educational expenses for children, and disability allowances, etc. by fraud or other improper means;
2. When reasons for receiving educational expenses for children, and disability allowances, etc. retroactively cease to exist after the receipt of educational expenses for children, and disability allowance, etc.;
3. When erroneous payment is made.
(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests a person who has received educational expenses for children, and disability allowances, etc. to return the educational expenses for children, and disability allowances, etc. within a specified period on the grounds that the recipient falls under any subparagraph of paragraph (1) and the person fails to return them within such period, he/she may collect them in the same manner as delinquent national or local taxes are collected. <Amended by Act No. 13366, Jun. 22, 2015>
(3) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it is impracticable to recover educational expenses for children, and disability allowances, etc. due to the unknown whereabouts or lack of assets owned by persons who are supposed to return the educational expenses for children and disability allowances, etc. or other causes prescribed by Presidential Decree when collecting the educational expenses for children, and disability allowances, etc. pursuant to paragraph (2), he/she may write them off. <Amended by Act No. 13366, Jun. 22, 2015>
(4) Targets and methods of write-off and other matters necessary therefor shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11240, Jan. 26, 2012]
 Article 52 (Research on Rehabilitation and Self-Reliance of Persons with Disabilities)
(1) The State and local governments may select research tasks for the prevention of disability, medical care, education, vocational rehabilitation and self-reliance, etc. and commission specialized research institutions to comprehensively and systematically investigate, research and evaluate the rehabilitation and self-reliance of persons with disabilities.
(2) The State and local governments may subsidize expenses to be incurred in the execution of such research activities under paragraph (1) within budgetary limits.
CHAPTER IV SUPPORT FOR SELF-RELIANCE
 Article 53 (Support for Self-Reliance)
The State and local governments shall take necessary measures for self-reliance of a person with a severe disability by his/her own decision, such as activity-supporting assistant services including dispatch of an activity assistant, or supply of auxiliary appliances for persons with disabilities, various other conveniences and provision of information.
 Article 54 (Support Center for Self-Reliance of Persons with Severe Disabilities)
(1) The State and local governments shall supply all the necessary support services to realize the self-reliance of persons with severe disabilities through the support center for self-reliance of persons with severe disabilities.
(2) Matters necessary for the support center for self-reliance of persons with severe disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The State and local governments may partially subsidize the operation expenses and working expenses for support centers for self-reliance of persons with severe disabilities within budgetary limits. <Newly Inserted by Act No. 13663, Dec. 29, 2015>
 Article 55 (Support of Activity-Supporting Allowance)
(1) The State and local governments may support activity-supporting allowance for persons with severe disabilities so that they can live their daily lives and carry out social activities without difficulty. <Amended by Act No. 10426, Jan. 4, 2011>
(2) The State and local governments may support the activity-supporting service including dispatch of an activity assistant to a woman with a disability who is difficult to move due to pregnancy, etc. for medical care related to pregnancy and childbirth, etc. taking into account her financial capability, etc.
(3) Deleted. <by Act No. 10426, Jan. 4, 2011>
 Article 56 (Counseling among Fellow Persons with Disabilities)
(1) The State and local governments shall endeavor to provide persons with disabilities with opportunities to communicate with one another or counselling to help them overcome their disabilities.
(2) Matters necessary for concrete activities, etc. to provide persons with disabilities with opportunities to communicate with one another or counselling under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
CHAPTER V WELFARE FACILITIES AND ORGANIZATIONS
 Article 57 (Use, etc. of Welfare Facilities for Persons with Disabilities)
(1) The State and local governments shall formulate necessary policies for promoting functional recovery and social improvement of persons with disabilities by using welfare facilities for people with disabilities referred to in Article 58.
(2) The State and local governments shall prepare necessary policies to protect the human rights of persons with disabilities using welfare facilities for people with disabilities referred to in Article 58 and build a foundation for implementation of relevant programs.
(3) Each welfare services agency for the disabled shall guarantee the right of choice of persons with disabilities with regard to welfare facilities for persons with disabilities referred to in Article 58 to the maximum extent.
(4) In order to guarantee the right of choice of persons with disabilities, welfare services agencies for the disabled shall provide persons with disabilities who intend to use welfare facilities designed for them referred to in Article 58 with sufficient information they need to choose the right facilities.
(5) In providing information persons with disabilities need to choose the right welfare facilities for them referred to in Article 58 and services, their gender, age, and type and degree of disabilities shall be taken into consideration.
[This Article Wholly Amended by Act No. 10517, Mar. 30, 2011]
 Article 58 (Welfare Facilities for Persons with Disabilities)
(1) The types of welfare facilities for persons with disabilities shall be as follows: <Amended by Act No. 10517, Mar. 30, 2011>
1. Residential homes for persons with disabilities: Facilities providing services, such as residential homes, medical treatment and assistance to persons with disabilities who have difficulties living in ordinary houses as well as supporting their community-based activities for a specific period, by utilizing living space;
2. Community rehabilitation facilities for persons with disabilities: Facilities providing professional counselling, treatment or training to persons with disabilities or supporting them in their daily lives, leisure activities, community-based activities, etc. of persons with disabilities;
3. Vocational rehabilitation facilities for persons with disabilities: Facilities where persons with disabilities who find it difficult to work under normal working circumstances get the vocational training or work in specially designed working environments;
4. Medical rehabilitation facilities for persons with disabilities: Facilities providing persons with disabilities with medical rehabilitation services, such as counselling, diagnosis/judgment, and medical care by hospitalizing them or making them visit those facilities regularly;
5. Other facilities prescribed by Presidential Decree.
(2) Matters concerning specific types, operation, etc. of welfare facilities for persons with disabilities under the subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 59 (Establishment of Welfare Facilities for Persons with Disabilities)
(1) The State and local governments is entitled to establish welfare facilities for persons with disabilities.
(2) Where a person other than those prescribed in paragraph (1) intends to establish and operate welfare facilities for persons with disabilities, he/she shall report such plans to the head of a Si/Gun/Gu having jurisdiction over the place where the relevant facilities shall be located and also shall file a report when he/she modifies any important matter prescribed by Ordinance of the Ministry of Health and Welfare among matters reported: Provided, That no person for whom one year has not elapsed since he/she was ordered to shut down the facilities under Article 62 shall report the establishment and operation of the facilities. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The residential homes for persons with disabilities referred to in Article 58 (1) 1 shall have the capacity of no more than 30 persons: Provided, That the same shall not apply in cases prescribed by Presidential Decree, such as facilities which require a certain size or greater to provide special services. <Newly Inserted by Act No. 10517, Mar. 30, 2011>
(4) The establishment of medical rehabilitation facilities under Article 58 (1) 4 shall comply with the Medical Service Act. <Amended by Act No. 10517, Mar. 30, 2011>
(5) Necessary matters concerning standards for, filing of report on, report on changes to, use, etc. of welfare facilities for persons with disabilities, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10517, Mar. 30, 2011>
 Article 59-2 Deleted. <by Act No. 13663, Dec. 29, 2015>
 Article 59-3 (Employment Restrictions, etc. for Sex Offenders)
(1) No person for whom a final decision is made with regard to punishment or medical treatment and custody for a sex crime (referring to any sexual crime referred to in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and sex offenses against children or juveniles referred to in subparagraph 2 of Article 2 of the Act on Protection of Children and Juveniles from Sexual Abuse; hereinafter the same shall apply) shall operate welfare facilities for persons with disabilities nor be employed by or provide a pseudo-service in welfare facilities designed for persons with disabilities for ten years from the date on which the execution of all or part of such punishment or medical treatment and custody is terminated or such execution is suspended or exempted.
(2) The head of a Si/Gun/Gu shall request the heads of relevant agencies to inquire into records of sex offenses of the persons who intend to operate welfare facilities for people with disabilities pursuant to Article 59 (2) after obtaining consent of the persons concerned.
(3) The operator of a welfare facility for persons with disabilities shall check out records of sex offenses of those people who are currently employed by or providing a pseudo-service in the facility or who intend to be employed by or to provide a pseudo-service in the facility. In such cases, he/she shall request the heads of relevant agencies to inquire into such records of sex offenses after obtaining consent of the persons concerned.
(4) The head of a Si/Gun/Gu may confirm or check whether a person convicted of a sex crime is currently employed by a welfare facility designed for persons with disabilities directly or indirectly, by way of inquiring of relevant agencies, etc. In such cases, if the head of a Si/Gun/Gu finds the person currently employed by or providing a pseudo-service in a welfare facility for persons with disabilities in violation of paragraph (1), he or she may request the operator of the welfare facility designed for disabled people to dismiss such person.
(5) The head of the relevant agency who receives a request for inquiry into the records of sex offenses pursuant to paragraphs (2) through (4) shall comply therewith unless any justifiable ground exists to the contrary.
(6) Necessary matters concerning procedures for, scope, etc. of requests to inquire into the records of sex offenses referred to in paragraphs (2) through (4) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 11240, Jan. 26, 2012]
[Decision on simple unconstitutionality, 2015heonma915, Jul. 28, 2016: The part "person for whom a final decision is made with regard to punishment for any sexual crime referred to in Article 2 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes" in Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (which was amended by Act No. 11240 on Jan. 26, 2012) is in violation of the Constitution.]
 Article 59-4 (Obligation to Report on Abuse of and Sex Offenses against Persons with Disabilities and Procedures therefor)
(1) Any person who discovers abuse of or sex offense against persons with disabilities may report it to the Central Institution for Protection of Rights and Interests of Persons with Disabilities, a regional institution for protection of rights and interests of persons with disabilities, or an investigation agency. <Amended by Act No. 13366, Jun. 22, 2015>
(2) Any of the following persons who discovers abuse of or sex offense against persons with disabilities in the course of performing his/her duties shall report it to an institution protecting rights and interests of persons with disabilities or an investigation agency without delay: <Amended by Act No. 13366, Jun. 22, 2015; Act No. 13663, Dec. 29, 2015; Act No. 14224, May 29, 2016>
1. Public officials exclusively in charge of social welfare under Article 14 of the Social Welfare Services Act and the heads of the social welfare facilities established under Article 34 of the same Act and the workers thereof;
2. Activity support personnel under Article 16 of the Act on Activity Assistant Services for Persons with Disabilities and the heads of the activity support institutions established under Article 20 of the same Act and the workers thereof;
3. Medical persons defined in Article 2 (1) of the Medical Service Act and the heads of the medical institutions defined in Article 3 (1) of the same Act;
5. Emergency medical technicians under Article 36 of the Emergency Medical Service Act;
6. Members of the rescue units referred to in Article 34 of the Framework Act on Fire-Fighting Services;
7. The heads of the medical health centers established under subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and the workers thereof;
8. The heads of the child-care centers referred to in Article 10 of the Infant Care Act and the infant care teachers and staff thereof;
9. Kindergarten personnel under Article 20 of the Early Childhood Education Act and the instructors, etc. under Article 23 of the same Act;
10. School personnel under Article 19 of the Elementary and Secondary Education Act, specialized counselors, etc. under Article 19-2 of the same Act, and industrial-educational teachers, etc. under Article 22 of the same Act;
11. Administrators, instructors, and employees of the private teaching institutes registered under Article 6 of the Act on the Establishment, Operation of Private Teaching Institutes and Extracurricular Lessons and the operators and employees of the teaching schools established under Article 14 of the same Act;
12. The heads and workers of counseling centers for the victims of sexual violence under Article 10 of the Sexual Violence Prevention and Victims Protection Act, and the heads and workers of protection facilities for victims of sexual violence established under Article 12 of the same Act;
13. The heads and workers of the support facilities under Article 9 of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims, and the head and workers of the counseling centers for victims of sexual traffic established under Article 17 of the same Act;
14. The heads and workers of the counseling centers related to domestic violence established under Article 5 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, and the heads and workers of the protection facilities for victims of domestic violence referred to in Article 7-2 of the same Act;
15. The heads and workers of the healthy home support centers established under Article 35 of the Framework Act on Healthy Homes;
16. The heads and workers of the multicultural family support centers established under Article 12 of the Multicultural Families Support Act;
17. The heads and workers of the foster home supporting centers established under Article 48 of the Child Welfare Act;
18. The heads and workers of the single-parent family welfare facilities referred to in Article 19 of the Single-Parent Family Support Act;
19. The heads and workers of the juvenile establishments defined in subparagraph 6 of Article 3 of the Framework Act on Juveniles, and the heads and workers of the juvenile organizations defined in subparagraph 8 of the same Article;
20. The heads and workers of the juvenile protection and rehabilitation centers referred to in Article 35 of the Juvenile Protection Act;
21. The long-term care institutions defined in subparagraph 5 of Article 5 of the Act on Long-Term Care Insurance for Older Persons.
(3) The reporter’s identity shall be protected and shall not be exposed against his/her will.
(4) The Minister of Health and Welfare shall provide the persons obligated to report under paragraph (2) with guidance on the procedures, methods, etc. of filing a report on the abuse of and sex offenses against persons with disabilities. <Newly Inserted by Act No. 13366, Jun. 22, 2015; Act No. 13663, Dec. 29, 2015>
(5) The State and local government shall take measures necessary to prevent abuse of and sex offenses against persons with disabilities and to receive reports anytime. <Newly Inserted by Act No. 13366, Jun. 22, 2015; Act No. 13663, Dec. 29, 2015>
(6) The head of the competent central administrative agency prescribed in each subparagraph of paragraph (2) shall ensure that the details of education concerning the prevention of abuse of and sex offenses against persons with disabilities and the duty to report thereon are included in the courses for obtaining qualifications by the persons falling under any subparagraph of paragraph (2) or courses for refresher education for them. <Newly Inserted by Act No. 13366, Jun. 22, 2015; Act No. 13663, Dec. 29, 2015>
(7) Provision of guidance on procedures, methods, etc. for filing reports under paragraph (4), measures taken under paragraph (5), and the details, hours, methods, etc. of education under paragraph (6) shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 13366, Jun. 22, 2015>
[This Article Newly Inserted by Act No. 11521, Oct. 22, 2012]
 Article 59-5 (Obligation to Take Emergency Measures, etc.)
(1) Any employee of an institution that protects the rights and interests of persons with disabilities or a judicial police officer who receives a report on the abuse of persons with disabilities pursuant to Article 59-4 shall, without delay, get to the scene of such abuse. <Amended by Act No. 13366, Jun. 22, 2015>
(2) Any person who gets to the scene of abuse of persons with disabilities pursuant to paragraph (1) shall separate the abused persons with disabilities from the abusers, or if medical treatment is deemed necessary, transfer the abuse victims to an institution that protects the rights and interests of persons with disabilities or a medical institution. <Amended by Act No. 13366, Jun. 22, 2015>
(3) No person related to the abuse of persons with disabilities, such as abusers of persons with disabilities, shall refuse on-sight investigation nor interfere with operations conducted by persons who arrives at the scene of abuse of persons with disabilities.
[This Article Newly Inserted by Act No. 11521, Oct. 22, 2012]
 Article 59-6 (Appointment, etc. of Assistants)
(1) Legal representatives, lineal relatives, siblings, or attorneys-at-law may serve as assistants in the trials over alleged abuse of persons with disabilities: Provided, That those who are not attorneys-at-law shall obtain permission therefor from a court.
(2) In cases of questioning an abuse victim with a disability as a witness, a court may, when requested by the person in question or by a prosecutor, allow the witness to be accompanied by a person whom he/she trusts.
(3) The procedures referred to in paragraphs (1) and (2) shall apply mutatis mutandis where an investigation agency looks into abuse victims with disabilities.
[This Article Newly Inserted by Act No. 11521, Oct. 22, 2012]
 Article 59-7 (Prohibited Acts)
No person shall commit any of the following acts: <Amended by Act No. 14562, Feb. 8, 2017>
1. Committing sexual harassment, sexual violence, sexual crimes, etc. that cause sexual humiliation to persons with disabilities;
2. Inflicting violence or injuries on the bodies of persons with disabilities;
2-2. Forcing a person with a disability to work against his/her will by violence, menace, confinement or any other means of unfairly restraining his/her mental or physical liberty;
3. Abandoning persons with disabilities, or neglecting to provide them with protection to meet their basic needs, including food, clothing and shelter as well as medical care;
4. Making persons with disabilities beg for money or using persons with disabilities to earn money by begging;
5. Arresting or confining persons with disabilities;
6. Committing emotional abuse that causes harm to the mental health and development of persons with disabilities;
7. Using money and other goods donated or paid for persons with disabilities for purposes other than the original purposes;
8. Making persons with disabilities perform acrobatics that cause harm to their health and safety, for the purpose of public amusement or entertainment.
[This Article Wholly Amended by Act No. 13366, Jun. 22, 2015]
 Article 59-8 (Duty to Prevent and Prohibit Abuse of Persons with Disabilities)
The State and local governments shall take the following measures to prevent and prohibit the abuse of persons with disabilities:
1. Formulation and implementation of various policies to prevent and prohibit abuse of persons with disabilities;
2. Examination of the current status of the research, education, public relations, and abuse of persons with disabilities to prevent and prohibit abuse of persons with disabilities;
3. Establishment and operation of a reporting system on the abuse of persons with disabilities;
4. Protection and medical treatment of persons with disabilities who have become victims of abuse (hereinafter referred to as "victimized persons with disabilities) and provision of support to households with victimized persons with disabilities);
5. Provision of support to institutions, corporations, organizations, facilities, etc. related to the prevention of abuse of persons with disabilities;
6. Other matters prescribed by Presidential Decree for the prevention and prohibition of abuse of persons with disabilities.
[This Article Newly Inserted by Act No. 13366, Jun. 22, 2015]
 Article 59-9 (Establishment, etc. of Institutions Protecting Rights and Interests of Persons with Disabilities)
(1) In order to establish a link among regions and to prevent abuse of persons with disabilities, the State shall establish and operate the Central Institution for Protection of Rights and Interests of Persons with Disabilities to be in charge of the following duties:
1. Provision of support to regional institutions for the protection of rights and interests of persons with disabilities referred to in paragraph (2);
2. Research and fact-finding survey on the prevention of abuse of persons with disabilities;
3. Development and dissemination of programs related to the prevention of abuse of persons with disabilities;
4. Education and public relations related to the prevention of abuse of persons with disabilities;
5. Training and capacity development of professional human resources related to the prevention of abuse of persons with disabilities;
6. Establishment of a cooperative system among related institutions, corporations, organizations, and facilities, and the exchange among them;
7. Receipt of reports on abuse of persons with disabilities and other duties prescribed by Ordinance of the Ministry of Health and Welfare concerning the prevention of abuse of persons with disabilities.
(2) In order to promptly discover and protect abused persons with disabilities and to provide medical treatment to them, as well as to prevent abuse of persons with disabilities, regional institutions for the protection of rights and interests of persons with disabilities shall be established in the Special Metropolitan City, Metropolitan Cities, Special Self-Governing Cities, Dos, and Special Self-Governing Provinces:
1. Receipt of reports on abuse of persons with disabilities, on-site investigation, and emergency protection;
2. Counseling and follow-up management for victimized persons with disabilities, their family members, and those who abuse persons with disabilities;
3. Education and public relations concerning the prevention of abuse of persons with disabilities;
4. Establishment and operation of a committee for judging cases concerning abuse of persons with disabilities;
5. Other duties prescribed by Ordinance of the Ministry of Health and Welfare concerning the prevention of abuse of persons with disabilities.
(3) The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor may designate a public institution established under Article 4 of the Act on the Management of Public Institutions or a nonprofit corporation the purpose of which is to prevent and prohibit abuse of persons with disabilities and entrust it with the operation of an institution protecting rights and interests of persons with disabilities. In such cases, the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomy City Mayor, a Do Governor and a Special Self-Governing Province Governor may subsidize the expenses required for the operation thereof.
(4) Necessary matters concerning the establishment standards and operation of an institution protecting rights and interests of persons with disabilities, qualifications of counselors and criteria for their placement, designation of institutions, etc. to be entrusted with the operation, expenses for the entrustment and subsidization, and other relevant matters shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13366, Jun. 22, 2015]
 Article 59-10 (Follow-up Management, etc.)
(1) The head of an institution protecting rights and interests of persons with disabilities shall check whether the abuse of a persons with a disability reoccurs, even after discontinuance of the abuse of the person with a disability through a home visit, facility visit, telephone counseling, etc.
(2) The head of an institution protecting rights and interests of persons with disabilities shall, even after discontinuance of abuse of the person with a disability, provide support such as counseling, education, and medical and psychological treatment to the victimized person with a disability, his/her guardian (referring to a person of parental authority, a guardian under the Civil Act, a person who protects, fosters or educates a person with a disability or a person who has such duties, or a person who de facto protects and supervises a person with a disability based on the relationship of business, employment, etc.; hereafter the same shall apply in this Article) and family members to ensure the safety of the victimized person with a disability, prevention of reoccurrence of the abuse of the person with a disability, and the maintenance, etc. of the functions of sound home.
(3) In order to provide support under paragraph (2), the head of an institution protecting rights and interests of persons with disabilities may request cooperation from related institutions, corporations, organizations, and facilities.
(4) In providing support under paragraph (2), the head of an institution protecting rights and interests of persons with disabilities shall prioritize the interests of victimized person with disabilities.
(5) Guardians and family members of victimized persons with disabilities shall participate in the support provided by an institution protecting rights and interests of persons with disabilities under paragraph (2).
[This Article Newly Inserted by Act No. 13366, Jun. 22, 2015]
 Article 59-11 (Shelters for Victimized Persons with Disabilities)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor and the Special Self-Governing Province Governor may establish and operate shelters to protect victimized persons with disabilities temporarily and to support their rehabilitation to the society.
(2) Matters necessary for establishment, operation, etc. of shelters for persons with disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 14562, Feb. 8, 2017]
 Article 60 (Commencement, etc. of Operation of Welfare Facilities for Persons with Disabilities)
(1) A person who files a report under Article 59 (2) shall, without delay, commence the operation of facilities.
(2) When a facility operator intends to suspend or resume operations at the facilities or shut down the facilities, he/she shall report such intention to the head of a Si/Gun/Gu in advance, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10517, Mar. 30, 2011>
(3) When a facility operator suspends operations at the facilities or shuts down the facilities under paragraph (2), he/she shall take the following measures to protect the rights and interests of users of such facilities, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10517, Mar. 30, 2011>
1. Measures to make facility users choose another facility in cooperation with the head of a Si/Gun/Gu and to confirm the implementation thereof;
2. When usage fees and rents, etc. are charged to facility users, measures to reimburse such costs paid but not spent and to confirm the execution thereof;
3. Measures to check out how subsidies and donations are being used and to retrieve the remaining properties among those purchased with the subsidies and donations;
4. Other measures deemed necessary to protect the rights and interests of facility users.
(4) When a facility operator intends to resume operations at the facility pursuant to paragraph (2), he/she shall take the following measures to protect the rights and interests of facility users as prescribed by Ordinance of the Ministry of Health and Welfare: <Newly Inserted by Act No. 10517, Mar. 30, 2011>
1. Addressing the cause of suspension of operations;
2. Formulating plans for stable operations in the future;
3. Other measures the Minister of Health and Welfare deems necessary for the protection of rights and interests of facility users.
(5) Matters necessary for the report, etc. on the commencement, suspension and resumption of facility operations and the shutdown of facilities under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 10517, Mar. 30, 2011>
 Article 60-2 (Procedure for Use of Residential Homes for Persons with Disabilities)
(1) Any person who intends to use a residential home for persons with disabilities, any relative thereof or any other relevant persons shall apply to the head of a Si/Gun/Gu for use of facility designed for the disabled by submitting documents prescribed by Ordinance of the Ministry of Health and Welfare.
(2) The head of a Si/Gun/Gu, upon receiving an application for the use of a facility pursuant to paragraph (1), shall examine the eligibility of the applicant to use the facility and determine whether to make the facility available to him/her according to the results thereof.
(3) The head of each Si/Gun/Gu shall determine the eligibility of applicants for the use of facilities referred to in paragraph (2) and expenses to be borne by the applicants referred to in Article 79 (2) and notify the results to the applicants and the operators of facilities.
(4) When a facility user uses a facility without going through the procedures referred to in paragraphs (1) through (3), the facility operator shall report such fact to the head of the Si/Gun/Gu as prescribed by Ordinance of the Ministry of Health and Welfare, and the head of the Si/Gun/Gu shall take necessary measures, such as confirmation of eligibility to use the facility.
(5) Facility operators shall conclude contracts with applicants for use of facilities covering such details as service terms and conditions and expenses to be borne by applicants, etc., and report the results thereof to the head of the relevant Si/Gun/Gu, and contract details shall be determined by Ordinance of the Ministry of Health and Welfare.
(6) In principle, each contract referred to in paragraph (5) shall be concluded by persons with disabilities who are to use facilities, except that persons prescribed by Presidential Decree may execute some or all of contracting procedures vicariously where persons with disabilities have difficulties in concluding contracts due to lack of intellectual abilities.
(7) When a facility user intends to suspend use of the facility, he/she shall express such intentions to a facility operator prior to a period prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the facility operator shall take necessary measures in connection with the suspension of use and shall not put those who wish to suspend use of the facility at a disadvantage or discriminate against them.
[This Article Newly Inserted by Act No. 10517, Mar. 30, 2011]
 Article 60-3 (Minimum Service Standards in Residential Homes for Persons with Disabilities)
(1) The Minister of Health and Welfare shall put in place minimum standards for services that should be available in residential homes for persons with disabilities, and each welfare services agency for persons with disabilities shall take necessary measures to meet such requirements.
(2) Each facility operator shall maintain services at a level equal to or greater than the minimum service standards referred to in paragraph (1).
(3) Details of the minimum service standards as referred to in paragraph (1) and matters necessary for implementing those standards shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 10517, Mar. 30, 2011]
 Article 60-4 (Obligations for Operators of Residential Homes for Persons with Disabilities)
(1) Facility operators shall protect the human rights of facility users and, when their human rights are infringed, shall take measures, immediately, as remedies for the infringement thereof.
(2) Facility operators shall provide facility users with necessary services, such as housing, medical treatment, living support, and support for community activities.
(3) Facility operators shall endeavor to guarantee the privacy and the right of self-determination of facility users. <Amended by Act No. 14562, Feb. 8, 2017>
(4) In order to protect the human rights of facility users, each facility operator shall operate, in the residential facility for persons with disabilities, a team for watching human rights of persons with disabilities who use the facility. <Newly Inserted by Act No. 14562, Feb. 8, 2017>
(5) Detailed matters concerning the composition and operation of a team for watching human rights of persons with disabilities who use the facility, referred to in paragraph (4), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted by Act No. 14562, Feb. 8, 2017>
[This Article Newly Inserted by Act No. 10517, Mar. 30, 2011]
 Article 61 (Supervision)
(1) A welfare services agency for persons with disabilities shall guide and supervise the operation of a person who establishes and operates welfare facilities for persons with disabilities and the actual conditions of human rights of the persons with disabilities who use the facilities and, if necessary, may order him/her to file a report on the facilities or submit related documents, and require a public official under its jurisdiction to investigate and examine the operation conditions, books, and other documents of the facilities and question related persons.
(2) When the relevant public official performs his/her duties under paragraph (1), he/she shall present to related persons the certificate indicating his/her authority and a document stating the matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period and scope of investigation, the person in charge of the investigation, and relevant statutes. <Amended by Act No. 13663, Dec. 29, 2015>
 Article 62 (Improvement of Facilities, Suspension and Shutdown of Operations, and other Relevant Matters)
(1) When welfare facilities for persons with disabilities fall under any of the following subparagraphs, welfare services agencies for persons with disabilities may issue an order to improve the facilities, suspend operations, replace the head of the facilities, or shut down the facilities concerned: <Amended by Act No. 10517, Mar. 30, 2011>
1. When the facilities fail to meet the facility standards under Article 59 (5);
2. When facility operators fail to make a report under Article 61 without any justifiable grounds or make a false report, or refuses, interferes with, or evades investigation, examination or questions;
3. When permission for the establishment of a social welfare corporation or a nonprofit corporation is revoked where the facilities were established and operated by the said social welfare corporation or the nonprofit corporation;
4. When accounting fraud at facilities, illegal acts such as infringement on human rights of the persons with disabilities who use the facilities, or other unjust acts are found;
5. When it is deemed unnecessary to continue operations at the facilities because the objective of establishment has already been attained, or for other reasons;
6. Where the facilities violate this Act or any order or disposition issued under this Act.
(2) When a residential home for persons with disabilities provided for in Article 58 (1) 1 fails to meet the minimum service standards referred to in Article 60-3, a welfare services agency for persons with disabilities may issue an order to improve such facility, suspend its business, replace the head of such facility, or shut down such facility. <Newly Inserted by Act No. 10517, Mar. 30, 2011>
(3) The standards for dispositions issued under paragraph (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare taking into consideration the types, causes, degree of violation, etc. <Newly Inserted by Act No. 14562, Feb. 8, 2017>
 Article 63 (Protecting and Promoting Organizations)
(1) The State and local governments shall endeavor to protect and promote welfare organizations for persons with disabilities to enhance the welfare of and assist the self-reliance of persons with disabilities.
(2) The State and local governments may fully or partially subsidize expenses incurred for businesses, activities, operation, or facilities of the organizations under paragraph (1) within budgetary limits. <Amended by Act No. 13663, Dec. 29, 2015>
 Article 64 (Council of Welfare Organizations for Persons with Disabilities)
(1) The council of welfare organizations for persons with disabilities (hereinafter referred to as the "council") may be established to support the activities of welfare organizations for persons with disabilities and enhance the welfare of persons with disabilities.
(2) The council shall be a social welfare corporation under the Social Welfare Services Act, but Article 23 (1) of the Social Welfare Services Act shall not apply to the council.
(3) Matters necessary for the organization and operation of the council shall be prescribed by the articles of association.
CHAPTER VI AUXILIARY APPLIANCES FOR PERSONS WITH DISABILITIES
 Article 65 (Auxiliary Appliances for Persons with Disabilities)
(1) "Auxiliary appliances for persons with disabilities" means artificial limbs and aids used by persons with disabilities for the prevention and supplement of the disability and functional improvement and other protectors prescribed by the Minister of Health and Welfare, and daily necessities used to promote convenience in daily lives. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) The Minister of Health and Welfare may perform projects related to the support and promotion of the use of auxiliary appliances for persons with disabilities under paragraph (1) as prescribed by other Acts to promote convenience, etc. of daily life of persons with disabilities. <Amended by Act No. 13662, Dec. 29, 2015>
 Articles 66 through 68 Deleted. <by Act No. 13662, Dec. 29, 2015>
 Article 69 (Notice, etc. of Opening of Manufacturing Facility for Prosthetics/Orthotics)
(1) A person who engages in the business of manufacturing, remodeling, and repairing prosthetics/orthotics and applying them to human bodies (hereinafter referred to as "prosthetics/orthotics manufacturing") shall notify the head of a Si/Gun/Gu of the opening of his/her manufacturing facility, as prescribed by Ordinance of the Ministry of Health and Welfare, within seven days after he/she opens such facility. The same shall apply where he/she changes any of the important matters prescribed by Ordinance of the Ministry of Health and Welfare, such as change of the seat of the manufacturing facility. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) A manufacturer of prosthetics/orthotics shall employ at least one prosthetist/orthotist certified under Article 72: Provided, That where the manufacturer himself/herself is such a prosthetist/orthotist, he/she is not required to employ an additional prosthetist/orthotist.
(3) No manufacturer of prosthetics/orthotics shall engage in the same business of manufacturing in the same place before six months have elapsed since he/she was ordered to shutdown the manufacturing factory under Article 70.
(4) A manufacturer of prosthetics/orthotics shall manufacture or remodel prosthetics/orthotics according to prescriptions by doctors.
 Article 70 (Shutdown, etc. of Manufacturing Facility for Prosthetics/Orthotics)
(1) Where a manufacturer of prosthetics/orthotics falls under any of the following, the head of a Si/Gun/Gu may order the shutdown of the manufacturing facility:
1. Where he/she manufactures prosthetics/orthotics without employing a prosthetist/orthotist, in violation of Article 69 (2);
2. Where he/she does business during a period of business suspension or has been issued disposition to suspend his/her business three or more times.
(2) Where a manufacturer of prosthetics/orthotics is found to have injured a user of a prosthesis/orthosis by intention or by gross negligence while conducting his/her business of manufacturing prosthetics/orthotics, the head of a Si/Gun/Gu may order the suspension of business for a period up to six months, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
CHAPTER VII HUMAN RESOURCES SPECIALIZED IN WELFARE OF PERSONS WITH DISABILITIES
 Article 71 (Nurturing, etc. Welfare Workers Providing Professional Services for Persons with Disabilities)
(1) The State and local governments and other public organizations shall endeavor to nurture and train workers who specialize in providing welfare services to persons with disabilities, including prosthetists/orthotists, speech-language pathologists, counselors for rehabilitation of persons with disabilities, Korean sign language interpreters, braille interpreters and remedy practitioners, and others engaged in affairs related to welfare services for persons with disabilities. <Amended by Act No. 11010, Aug. 4, 2011; Act No. 13663, Dec. 29, 2015; Act No. 13978, Feb. 3, 2016>
(2) Matters concerning the scope, etc., of welfare professionals working with persons with disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(3) The State and local governments may entrust the related specialized institutions, etc. with the work of nurturing professionals providing welfare services for persons with disabilities under paragraph (1).
(4) The State and local governments may subsidize expenses incurred in nurturing such professionals under paragraph (1) within budgetary limits.
 Article 72 (Issuance, etc. of Prosthetist/Orthotist Certificates)
(1) The Minister of Health and Welfare shall issue a prosthetist/orthotist certificate to any of the following persons who have passed a national examination under Article 73 (hereinafter referred to as "prosthetist/orthotist"): <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11690, Mar. 23, 2013>
1. A person who completed a curriculum related to prosthetics/orthotics prescribed by Ordinance of the Ministry of Health and Welfare in a junior college under the Higher Education Act or any other school deemed equivalent to or higher than that by the Minister of Education, and graduated from such junior college or school;
2. A person who completed education courses equal to or higher than such a school under subparagraph 1 in a foreign country recognized by the Minister of Health and Welfare, and obtained a foreign prosthetist/orthotist certificate.
(2) A prosthetist/orthotist certificate shall be reissued to the certificate holder, upon request, who has lost or damaged his/her certificate.
(3) No prosthetist/orthotist certificate shall be lent to another person.
(4) Necessary matters concerning the procedures for and management of the issuance and re-issuance of the certificates under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 72-2 (Issuance, etc. of Speech-Language Pathologist Certificates)
(1) The Minister of Health and Welfare shall issue a speech-language pathologies certificate to a person who has satisfied qualification requirements provided for in paragraph (2) and has passed a national examination under Article 73 (hereinafter referred to as "speech-language pathologist").
(2) The types of speech-language pathologists and the eligibility requirements to take a national examination shall be classified as follows. In such cases, a person who has obtained an academic degree in speech-language pathology at a graduate school, university, college, or junior college of a foreign country, and is deemed by the Minister of Health and Welfare to have academic background fulfilling the criteria for qualifications by grade shall be deemed to meet the eligibility requirements to take the examination for the relevant grade:
1. Speech-language pathologist, Level I: A person with a speech-language pathologist certificate, Level II who falls under any of the following categories:
(a) A person with a master’s degree or doctoral degree in speech-language pathology from a graduate school under the Higher Education Act who also has worked for any speech-language rehabilitation institution for at least one year;
(b) A person with a bachelor's degree in a speech-language pathology-related major at a university or college under the Higher Education Act who also has worked for any speech-language rehabilitation institution for at least three years;
2. Speech-language pathologist, Level II: A person who has completed a curriculum related to speech-language pathology at a graduate school, university, college, or junior college under the Higher Education Act and who also has obtained a master's degree, bachelor's degree, or associate’s degree in the relevant major.
(3) A speech-language pathologist certificate shall be reissued at the request of the certificate holder who has lost his/her certificate or whose certificate is damaged.
(4) No speech-language pathology certificate shall be lent to another person.
(5) Necessary matters concerning the procedures for and management of the issuance and re-issuance of the certificates under paragraphs (1) and (3), the scope of speech-language rehabilitation institutions, speech-language pathology-related majors at graduate schools, universities, colleges, and junior colleges, the scope of relevant curricula to be completed by speech-language pathologists, and other relevant matters under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 11010, Aug. 4, 2011]
 Article 72-3 (Issuance, etc. of Certificate for Counselor for Rehabilitation of Persons with Disabilities)
(1) In order to support occupational rehabilitation, etc. of persons with disabilities, the Minister of Health and Welfare shall issue a certificate for counselor for rehabilitation of persons with disabilities to a person who meets qualifications prescribed in paragraph (2) and has passed a national examination under Article 73 (hereinafter referred to as "counselor for rehabilitation of persons with disabilities").
(2) The types of counselors for rehabilitation of persons with disabilities and the eligibility requirements to take a national examination are classified as follows. In such cases, a person who has obtained a degree in a field of rehabilitation of persons with disabilities from a graduate school, university, college, or junior college of a foreign country and is deemed by the Minister of Health and Welfare to have academic background fulfilling the criteria for qualifications by grade shall be deemed to meet the eligibility requirements to take the examination for the relevant grade:
1. Grade I counselor for rehabilitation of persons with disabilities: Any of the following persons:
(a) A person who has received a doctor's degree in a field of rehabilitation of persons with disabilities from a graduate school under the Higher Education Act;
(b) A person who has received a master's degree in a field of rehabilitation of persons with disabilities from a graduate school under the Higher Education Act, as a person who has the certificate for Grade II counselor for rehabilitation of disabled persons;
(c) A person who has worked for any institution related to the rehabilitation of persons with disability for at least three years, as a person who has the certificate for Grade II counselor for rehabilitation of persons with disabilities;
(d) A person who has worked for any institution related to the rehabilitation of persons with disability for at least five years, as a person who has the certificate for Grade II social welfare worker;
2. Grade II counselor for rehabilitation of persons with disabilities: Any of the following persons:
(a) A person who has completed a curriculum related to the rehabilitation of persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare at a university or college under the Higher Education Act;
(b) A person who has worked for any institution related to the rehabilitation of persons with disabilities for at least two years, as a person who has the certificate for Grade III counselor for rehabilitation of persons with disabilities;
(c) A person who has worked for any institution related to the rehabilitation of persons with disabilities for at least three years, as a person who has the certificate for Grade II social welfare worker;
3. Grade III counselor for rehabilitation of persons with disabilities: A person who has completed a curriculum related to the rehabilitation of persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare at a junior college under the Higher Education Act.
(3) A certificate for counselor for rehabilitation of persons with disabilities shall be reissued, upon request, to the certificate holder who has lost his/her certificate or whose certificate is damaged.
(4) No certificate for counselor for rehabilitation of persons with disabilities shall be lent to another person.
(5) Necessary matters concerning the procedures for and management of the issuance and reissuance of the certificates under paragraphs (1) and (3), and the scope of the fields of rehabilitation of persons with disabilities, related institutions, related curricula, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted by Act No. 13663, Dec. 29, 2015]
 Article 73 (Execution, etc. of National Examinations)
(1) The Minister of Health and Welfare shall execute national examinations for prosthetists/orthotists, speech-language pathologists, and counselors for rehabilitation of persons with disabilities (hereinafter referred to as "prosthetists/orthotists, etc."), the timing and method of the execution, subjects of the examinations, and other matters necessary for executing the examinations shall be prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11010, Aug. 4, 2011; Act No. 13663, Dec. 29, 2015>
(2) The Minister of Health and Welfare may entrust the affairs concerning the execution of the national examinations under paragraph (1) to the Korea Health Personnel Licensing Examination Institute under the Korea Health Personnel Licensing Examination Institute Act, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 13367, Jun. 22, 2015>
 Article 74 (Restriction, etc. on Qualifications to Apply for Examination)
(1) A person falling under any of the following subparagraphs shall not be entitled to apply for the national examination under Article 73: <Amended by Act No. 8652, Oct. 17, 2007; Act No. 11010, Aug. 4, 2011; Act No. 14562, Feb. 8, 2017; Act No. 14892, Sep. 19, 2017>
1. A mentally ill person under subparagraph 1 of Article 3 of the Mental Health Act: Provided, That this shall not apply to a person deemed qualified as a prothetist/orthotist, etc. by a medical specialist;
2. A person addicted to narcotics, hemp, or psychotropic drugs;
3. A person under adult guardianship;
4. A person who was sentenced to punishment equivalent to or severer than imprisonment without labor for a violation of this Act, Articles 234 and 317 (1) of the Criminal Act, the Medical Service Act, the National Health Insurance Act, the Medical Care Assistance Act, the Act on Special Measures for the Control of Public Health Crimes, the Narcotics Control Act, or the Prevention of Acquired Immunodeficiency Syndrome Act, and the execution thereof is not completed or is yet to be declared exempt from the execution thereof.
(2) A person who has applied for the national examination under Article 73 by wrongful means or who has cheated in the national examination shall be suspended from the examination or have his/her exam results nullified.
(3) A person who has been suspended from the examination or whose exam results have been nullified under paragraph (2) shall be prohibited from applying for the national examination under Article 73 twice thereafter.
 Article 75 (Supplementary Education)
(1) The Minister of Health and Welfare may order prosthetists/orthotists, etc. to receive supplementary education to improve their qualifications. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11010, Aug. 4, 2011>
(2) Necessary matters concerning the timing and method, etc. of supplementary education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
 Article 76 (Revocation of Qualifications)
When a prosthetist/orthotist, etc. falls under any of the following subparagraphs, the Minister of Health and Welfare shall revoke his/her qualifications: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11010, Aug. 4, 2011; Act No. 13663, Dec. 29, 2015>
1. When he/she lends his/her certificate to another person, in violation of Article 72 (3);
1-2. When he/she lends his/her speech-language pathologist certificate to another person, in violation of Article 72-2 (4);
1-3. When he/she lends his/her certificate for counselor for rehabilitation of persons with disabilities to another person, in violation of Article 72-3 (4);
2. When he/she falls under any subparagraph of Article 74 (1);
3. When he/she performs his/her work during the period of business suspension under Article 77 or has been issued disposition to suspend his/her qualifications three times.
 Article 77 (Suspension of Qualifications)
Where a prosthetist/orthotist, etc. falls under any of the following subparagraphs, the Minister of Health and Welfare may suspend his/her qualifications for up to six months, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11010, Aug. 4, 2011; Act No. 13663, Dec. 29, 2015>
1. When he/she inflicts bodily injury on a user of prosthetics/orthotics by intention or gross negligence in the course of performing his/her duties as a prosthetist/orthotist;
1-2. When he/she inflicts damage on the functions of persons subject to speech-language rehabilitation by intention or gross negligence in the course of performing his/her duties as a speech-language pathologist;
1-3. When he/she inflicts damage on a person subject to rehabilitation by intention or gross negligence in the course of performing his/her duties as a counselor for rehabilitation of persons with disabilities;
2. When he/she fails to receive supplementary education under Article 75 on at least two consecutive occasions.
 Article 78 (Fees)
A person who intends to apply for a national examination for prosthetists/orthotists, etc. or who intends to have a certificate for prosthetist/orthotist, etc. issued or reissued shall pay fees, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11010, Aug. 4, 2011>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 79 (Burden of Expenses)
(1) Welfare services agencies for persons with disabilities may be required to bear expenses to be incurred as a result of measures taken under Articles 38 (1), 43 (1), 49 (1), 50 (1) and (2), and 55 (1), and of the establishment and operation of welfare facilities for persons with disabilities under Article 59 (1) within budgetary limits, as prescribed by Presidential Decree. <Amended by Act No. 10517, Mar. 30, 2011; Act No. 13661, Dec. 29, 2015; Act No. 13662, Dec. 29, 2015>
(2) The State and local governments may bear some or all of expenses to be incurred by persons with disabilities in the course of using welfare facilities for persons with disabilities referred to in Article 58 and may impose charges on facility users, while giving due consideration to the assets and incomes of the facility users. In such cases, matters concerning expenses to be borne by users shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 10517, Mar. 30, 2011>
 Article 80 (Collection of Expenses)
(1) Welfare services agencies for persons with disabilities that have borne the expenses incurred in taking the measures under Article 34 (1) 1 may collect all or some of the expenses borne by them from the relevant persons with disabilities or the persons under duty to support the disabled as prescribed by Presidential Decree.
(2) Deleted. <by Act No. 10517, Mar. 30, 2011>
 Article 80-2 (Korean Association of Speech-Language Pathologists)
(1) Speech-language pathologists may establish a Korean Association of Speech-Language Pathologists (hereinafter referred to as the "Association") in order to develop and disseminate professional knowledge and skills regarding speech-language rehabilitation and promote education and training to improve qualifications of speech-language pathologists and welfare of speech-language pathologists.
(2) The Association referred to in paragraph (1) shall be construed as a juridical person.
(3) Except otherwise provided for in this Act, with respect to matters concerning the Association, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 11010, Aug. 4, 2011]
 Article 81 (Subsidizing Expenses)
The State and local governments may subsidize whole or part of expenses incurred in establishing and operating welfare facilities for persons with disabilities as prescribed by Presidential Decree.
 Article 82 (Prohibition of Seizure)
(1) No money and goods provided to persons with disabilities under this Act shall be seized.
(2) No claim for the deposit of the welfare benefit receipt account of a person with disability under Article 50-4 (1) shall be seized. <Newly Inserted by Act No. 14222, May 29, 2016>
 Article 83 (Tax Reduction and Exemption)
(1) Taxes on money and goods provided to persons with disabilities under this Act and on goods manufactured by persons with disabilities at welfare facilities designed for the disabled under Article 58 and at welfare organizations designed for people with disabilities under Article 63 shall be reduced or be eliminated, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, and other tax-related statutes. <Amended by Act No. 10220, Mar. 31, 2010>
(2) Deleted. <by Act No. 11240, Jan. 26, 2012>
 Article 83-2 (Hearings)
Each welfare services agency for persons with disabilities shall hold a hearing to take one of the following measures: <Amended by Act No. 13663, Dec. 29, 2015; Act No. 14562, Feb. 8, 2017>
1. Revocation of designation of an implementing agency under Article 30-2 (3);
2. Revocation of registration of a person with a disability under Article 32-3 (1) 2 or 3;
3. An order to permanently close a welfare facility for persons with disabilities referred to in Article 62;
4. An order to permanently close a manufacturing facility for prosthetics/orthotics referred to in Article 70 (1);
5. Revocation of the certificates of prosthetics/orthotics, etc. referred to in Article 76.
[This Article Newly Inserted by Act No. 11240, Jan. 26, 2012]
 Article 84 (Request for Examination)
(1) A person with a disability or his/her legal representative, etc. may, when he/she has objection to welfare measures taken under this Act, request the welfare services agencies for persons with disabilities to conduct an examination. <Amended by Act No. 14562, Feb. 8, 2017>
(2) Welfare services agencies for persons with disabilities shall, when requested to conduct an examination under paragraph (1), examine, determine, and notify the applicant of the results within one month.
(3) A person who has objection to the examination and determination under paragraph (2) may bring an administrative appeal under the Administrative Appeals Act.
 Article 85 (Delegation of Authority, etc.)
(1) Part of the authority of the Minister of Health and Welfare, Special Metropolitan City Mayors, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, Special Self-Governing Province Governors (hereafter referred to as "Mayor/Do Governor" in this Article) under this Act may be delegated to the President of the National Rehabilitation Center, to Mayors/Do Governors or to the heads of Sis/Guns/Gus as prescribed by Presidential Decree. <Amended by Act No. 13366, Jun. 22, 2015>
(2) Some duties of the Minister of Health and Welfare and Mayors/Do Governors under this Act may be entrusted to organizations or corporations related to persons with disabilities, as prescribed by Presidential Decree.
[This Act Wholly Amended by Act No. 11240, Jan. 26, 2012]
CHAPTER IX PENALTY PROVISIONS
 Article 86 (Penalty Provisions)
(1) A person who commits an act referred to in subparagraph 1 of Article 59-7 shall be punished by imprisonment with labor for not more than ten years or by a fine not exceeding one hundred million won. <Amended by Act No. 14562, Feb. 8, 2017>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than seven years or by a fine not exceeding seventy million won: <Amended by Act No. 14562, Feb. 8, 2017>
1. A person who commits an act referred to in subparagraph 2 (limited to cases of inflicting injuries) of Article 59-7;
2. A person who commits an act referred to in subparagraph 2-2 of Article 59-7.
(3) Any of the following persons shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding fifty million won: <Amended by Act No. 14562, Feb. 8, 2017>
1. A person who uses financial information, etc. for purposes other than those prescribed in this Act or provides or divulges such information to other persons or institutions, in violation of Article 50-3 (6);
2. A person who commits an act that falls under any of subparagraphs 2 (limited to cases of inflicting violence) through 6 of Article 59-2.
(4) A person who commits an act falling under subparagraph 7 of Article 59-7 shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding thirty million won: <Amended by Act No. 14562, Feb. 8, 2017>
(5) A person who commits an act referred to in subparagraph 8 of Article 59-7 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won. <Amended by Act No. 14562, Feb. 8, 2017>
[This Article Wholly Amended by Act No. 13366, Jun. 22, 2015]
 Article 87 (Penalty Provisions)
Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 10517, Mar. 30, 2011; Act No. 11977, Jul. 30, 2013; Act No. 14562, Feb. 8, 2017>
1. A person who engages in unjust profit-making activities by taking advantage of a person with a disability, in violation of Article 8 (2);
2. A person who transfers or lends his/her registration certificate, a person to whom such registration certificate is transferred or lent, and a person who uses any similar name or mark, in violation of Article 32 (5);
3. A person who reveals confidential information concerning an individual obtained in the course of performance of his/her duties, in violation of Article 33 (2);
4. A person who has obtained certification under Article 45 (1) and (2) by fraud or other improper means;
5. A person who has attached or used an indication of certification, in violation of Article 45 (3);
6. A person who establishes and operates welfare facilities for persons with disabilities without filing a report or modification report under Article 59 (2);
7. An operator of welfare facilities for persons with disabilities who violates measures designed to protect the rights and interests of facility users under Article 60 (3);
8. A person who fails to make a report under Article 61 (1) without justifiable grounds or makes a false report, a person who fails to submit data or submits false data, a person who refuses, interferes with or evaded investigations, inspection or questions;
9. A person who fails to comply with an order, etc. issued under Article 62;
10. A person who engages in the business of manufacturing prosthetics/orthotics without employing a prosthetist/orthotist, in violation of Article 69 (2);
11. A person who continues to operate the same manufacturing business in the same place even though six months have not elapsed since he/she was ordered to shut down the manufacturing facility, in violation of Article 69 (3);
12. A person who continues his/her business in spite of receiving an order to shut down the manufacturing facility under Article 70 (1).
 Article 88 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended by Act No. 14562, Feb. 8, 2017>
1. A person who takes any unfavorable action, such as rejecting an application for admission to school filed by a person with a disability or refusing admission of a person with a disability who passed entrance examination, in violation of Article 20 (4);
2. A person who lends his/her prosthetist/orthotist certificate to another person, in violation of Article 72 (3);
3. Deleted. <by Act No. 11240, Jan. 26, 2012>
 Article 89 (Joint Penalty Provisions)
When the representative of a corporation, or an agent or employee of, or any other person employed by, a corporation or of an individual commits a violation referred to in Articles 86 through 88 in connection with the business affairs of the corporation or of the individual, not only shall the violator be punished but also the corporation or the individual shall be punished by a fine prescribed in the relevant Article: Provided, That the same shall not apply where the corporation or the individual has not neglected to exercise due care and supervision with respect to the relevant duties in order to prevent such a violation. <Amended by Act No. 11240, Jan. 26, 2012>
[This Article Wholly Amended by Act No. 11010, Aug. 4, 2011]
 Article 90 (Administrative Fines)
(1) Any operator of a welfare facility for persons with disabilities who refuses a request for dismissal referred to in Article 59-3 (4) without good cause or fails to implement such request within one month shall be subject to an administrative fine not exceeding ten million won. <Newly Inserted by Act No. 11240, Jan. 26, 2012>
(2) Any operator of a welfare facility for persons with disabilities who fails to check out records of sex offenses of persons employed by or providing a pseudo-service in the welfare facility designed for persons with disabilities or those who intend to be employed by or to provide a pseudo-service in the welfare facility for persons with disabilities shall be subject to an administrative fine not exceeding five million won. <Newly Inserted by Act No. 11240, Jan. 26, 2012>
(3) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11240, Jan. 26, 2012; Act No. 11521, Oct. 22, 2012; Act No. 13366, Jun. 22, 2015; Act No. 13663, Dec. 29, 2015; Act No. 14562, Feb. 8, 2017>
1. A person who fails to comply with an order to return his/her registration certificate without good cause, in violation of Article 32-3 (3);
2. A person who lends the mark of cars, etc. used by persons with disabilities to another person, in violation of Article 39 (3) or transfers such mark to a person other than persons prescribed by Ordinance of the Ministry of Health and Welfare, or a person who uses such mark in an unjustified manner or uses any mark or name similar thereto;
3. A person who denies a person with a disability accompanied by a guide dog with the mark of a guide dog, a trainer of guide dogs for persons with disabilities, or a voluntary worker related to the training of guide dogs for persons with disabilities access to facilities, in violation of Article 40 (3) without any justifiable ground;
3-2. and 3-3. Deleted; <by Act No. 13663, Dec. 29, 2015>
3-4. A person who fails to report the incidence of abuse of and sex offense against persons with disabilities after discovering such fact in the course of performing his/her duties, in violation of Article 59-4 (2);
3-5. A person who refuses or evades an on-site investigation or interferes with operations, in violation of Article 59-5 (3);
4. A person who violates his/her obligation to commence the operation of facilities under Article 60 (1);
5. A person who violates his/her obligation to file a report on matters such as suspension of operation at facilities, resumption of operation and shutdown of facilities under Article 60 (2);
6. A person who fails to notify the opening of a facility manufacturing prosthetics/orthotics or changes in relation to the manufacturing facility, in violation of Article 69 (1);
7. A manufacturer of prosthetics/orthotics who has manufactured or remodeled prosthetics/orthotics inconsistent with doctors’ prescriptions, in violation of the Article 69 (4).
(4) Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Mayors of a Special Self-Governing Cities, the Governors of Special Self-Governing Province, or the heads of Sis/Guns/Gus as prescribed by Presidential Decree. <Amended by Act No. 11240, Jan. 26, 2012; Act No. 13366, Jun. 22, 2015>
(5) Deleted. <by Act No. 11240, Jan. 26, 2012>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Welfare Promotion Association for Disabled Persons)
(1) The Korea Welfare Promotion Association for Disabled Persons, an incorporated foundation, under the previous provisions as at that time this Act is in force, shall be deemed the Korea Welfare Promotion Association for the people with Disability, an incorporated foundation, under the amended provisions of Article 29.
(2) The Korea Welfare Promotion Association for Disabled Persons, an incorporated foundation, shall take necessary measures, including the modification of the articles of association, within six months after this Act enters into force with the permission of the Minister for Health, Welfare and Family Affairs.
Article 3 (General Transitional Measures concerning Disposition, etc.)
An act performed by an administrative agency or an act performed vis-a-vis an administrative agency under the previous provisions, as at that time this Act enters into force, shall be deemed an act performed by an administrative agency and an act performed vis-a-vis an administrative agency under the corresponding provisions of this Act.
Article 4 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
Acts committed before this Act enters into force shall be governed by the previous provisions in applying the penalty provisions or administrative fine provisions.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes)
Where the previous Welfare of Disabled Persons Act or its provisions are cited by other statutes, as at that time this Act enters into force, and if this Act includes the provisions corresponding thereto, the corresponding provisions of this Act shall deemed cited in lieu thereof.
ADDENDUM <Act No. 8652, Oct. 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10255, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10323, May 27, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10426, Jan. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10517, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Welfare Facilities for Persons with Disabilities)
(1) Welfare facilities for persons with disabilities referred to in the former provisions of Article 58 (1) 1 and 2 as at the time this Act enters into force shall be deemed welfare facilities designed for persons with disabilities referred to in the amended provisions of Article 58 (1) 1, 2 or 4: Provided, That establishment of such facilities shall be reported again in compliance with the facility standards for welfare facilities for persons with disabilities referred to in Article 59 (5) pursuant to paragraph (2) of the same Article within one year from the date on which this Act enters into force.
(2) The amended provisions of Article 59 (3) shall not apply to residential homes for persons with disabilities installed and reported pursuant to the former provisions of Article 58 (1) 1 among residential homes for the disabled referred to in the amended provisions of Article 58 (1) 1.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Dispositions)
The former provisions shall apply to penalty provisions and administrative dispositions for offenses committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 11010, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Acquisition of Speech-Language Pathology Certificates by Holders of Speech-Language Pathology Certificates Issued by Civil Organizations)
Notwithstanding the amended provisions of Articles 72-2 and 73, persons holding speech-language pathology certificates issued by organizations recognized by the Minister of Health and Welfare may acquire speech-language pathology certificates under this Act through special examinations according to relevant grades administered by the Minister of Health and Welfare, within three years from the date on which this Act enters into force.
Article 3 (Applicability to Qualification Requirements for Applying for Speech-Language Pathology Certificates, Level II)
Any person who intends to acquire a certificate referred to in the amended provisions of Article 72-2 (2) 2 three years after the date on which this Act enters into force and has acquired an associate degree in a junior college referred to in the Higher Education Act shall be considered a graduate of the relevant junior college with at least 120 credits.
Article 4 (Transitional Measures concerning Holders of Speech-Language Pathology Certificates Issued by Civil Organizations)
Any person who holds a speech-language pathology certificate issued by an organization that is recognized by the Minister of Health and Welfare at the time this Act enters into force shall be deemed a speech-language pathologist referred to in this Act for three years from the date on which this Act enters into force.
ADDENDA <Act No. 11240, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of the partially amended Act on Welfare of Persons with Disabilities (Act No. 11010) shall enter into force on August 5, 2012 and the amended provisions of Article 32-2, one year after the date of its promulgation.
Article 2 (Applicability to Applications, etc. for Payment of Educational Expenses for Children, and Disability Allowances, etc.)
The amended provisions of Article 50-2 and 50-3 shall apply, starting from the first application for payment of educational expenses for children, and disability allowances, etc. filed after this Act enters into force.
Article 3 (Applicability to Obligation to Report Sex Crimes Targeting Persons with Disabilities)
The amended provisions of Article 59-2 (2) shall apply, starting from the first sex offenses targeting persons with disabilities which takes place after this Act enters into force.
Article 4 (Applicability to Restrictions on Employment, etc. at Welfare Facilities for Persons with Disabilities)
The amended provisions of Article 59-3 (1) shall apply starting from the first person for whom a punishment for a sex offense is finalized after this Act enters into force.
Article 5 (Transitional Measures concerning Former Comprehensive Policies for Persons with Disabilities)
Any comprehensive policy intended for persons with disabilities which is formulated pursuant to the former Article 11 (1) at the time this Act enters into force shall be deemed the comprehensive plan formulated pursuant to the amended provisions of Article 10-2.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Acts committed before this Act enters into force shall be governed by the previous provisions for the purpose of applying the penalty provisions or administrative fine provisions.
Article 7 Omitted.
ADDENDA <Act No. 11521, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Obligation to Report on Abuse of Persons with Disabilities)
The amended provisions of Article 59-4 (2) shall apply starting from the first case of abuse of persons with disabilities which occurs after this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Acts committed before this Act enters into force shall be governed by the previous provisions for the purpose of applying the penalty provisions or administrative fine provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11977, Jul. 30, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13366, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended portions of Articles 59-4 (2) and 90 (3) 3-4 concerning institutions protecting rights and interests of persons with disabilities, and the amended provisions of Articles 59-4 (1), 59-5, 59-9, and 59-10 shall enter into force on January 1, 2017.
Article 2 (Applicability to Report to the National Assembly)
The amended provisions of Article 10-3 shall apply starting from the first comprehensive plan for policies for persons with disabilities and the first business plan formulated after this Act enters into force.
Article 3 (Applicability to Obligation to Report on Abuse of Persons with Disabilities)
The amended provisions of Article 59-4 shall apply starting from the time any abuse of a person with a disability is discovered after this Act enters into force.
ADDENDA <Act No. 13367, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13661, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13662, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one years after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13663, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 49 (1) shall enter into force on January 1, 2016; the amended provisions of Articles 54 (3) and 63 (2) on the date of its promulgation; the amended portions of Articles 59-4 and 90 (3) 3-4 concerning institutions protecting rights and interests of persons with disabilities on January 1, 2017; and the amended portions of Articles 71, 72-3, 73, 76, and 77 concerning counselors for rehabilitation of persons with disabilities two years after the date of its promulgation.
Article 2 (Applicability to Obligation to Report on Sex Offenses against Persons with Disabilities)
The amended provisions of Article 59-4 shall apply starting from the time any sex offense against a person with a disability is discovered after this Act enters into force.
Article 3 (Special Cases and Transitional Measures concerning Acquisition of Certificates for Counselors for Rehabilitation of Persons with Disabilities by Persons Holding Certificates for Counselors for Rehabilitation of Persons with Disabilities Issued by Private Organizations)
(1) Notwithstanding the amended provisions of Articles 72-3 and 73, a person holding a certificate related to a counselor for rehabilitation of persons with disabilities issued by an organization acknowledged by the Minister of Health and Welfare, as at the time this Act enters into force, may acquire a certificate for counselor for rehabilitation of persons with disabilities under this Act after taking a special examination publicly notified and conducted by the Minister of Health and Welfare within three years after this Act enters into force.
(2) A person holding a certificate related to a counselor for rehabilitation of persons with disabilities issued by an organization acknowledged by the Minister of Health and Welfare shall be deemed a counselor for rehabilitation of persons with disabilities under this Act for three years after this Act enters into force.
Article 4 (Special Cases and Transitional Measures concerning Social Welfare Workers)
(1) Notwithstanding the amended provisions of Articles 72-3 and 73, a person who holds a certificate for social welfare worker under Article 11 of the Social Welfare Services Act and has served for any institution related to the rehabilitation of persons with disabilities for at least five years, as at the time this Act enters into force, may acquire a certificate for counselor for rehabilitation of persons with disabilities under this Act after taking a special examination publicly notified and conducted by the Minister of Health and Welfare within three years after this Act enters into force.
(2) A person who holds a certificate for social welfare worker under Article 11 of the Social Welfare Services Act and has served for any institution related to the rehabilitation of persons with disabilities for at least five years, as at the time this Act enters into force, shall be deemed a counselor for rehabilitation of persons with disabilities for three years after this Act enters into force.
ADDENDA <Act No. 13978, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14222, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14562, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Registration of Persons with Disabilities)
The amended provisions of Article 32-3 (1) 3 shall begin to apply from the first case where a person with a disability or his/her legal representative, etc. fails to comply with necessary measures imposed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, such as an order to receive a diagnosis of disability, after this Act enters into force.
Article 3 (Applicability to Examination of Degree of Disability for Payment of Disability Allowances)
The amended provisions of Article 49 (3) and (4) shall begin to apply from the first case where an application for the payment of disability allowances is filed after this Act enters into force.
Article 4 (Transitional Measures concerning Disqualification of Incompetent Persons, etc.)
Notwithstanding the amended provisions of Article 74 (1) 3, persons who have already declared incompetent or quasi-incompetent as at the time this Act enters into force and for whom a declaration of incompetence or quasi-incompetence remains valid in accordance with Article 2 of the Addenda to the Civil Act (Act No. 10429).
Article 5 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions against violations committed before this Act enters into force shall be governed by the former provisions.
Article 6 (Transitional Measures concerning Administrative Fines)
Application of administrative fines to violations committed before this Act enters into force shall be governed by the former provisions.
ADDENDUM <Act No. 14892, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 28 shall enter into force six months after the date of its promulgation.