ENFORCEMENT DECREE OF THE ACT ON WELFARE OF PERSONS WITH DISABILITIES
Wholly Amended by Presidential Decree No. 20323, Oct. 15, 2007
Amended by Presidential Decree No. 20679, Feb. 29, 2008
Presidential Decree No. 21214, Dec. 31, 2008
Presidential Decree No. 21641, Jul. 27, 2009
Presidential Decree No. 21955, Dec. 31, 2009
Presidential Decree No. 21962, Dec. 31, 2009
Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 23049, Jul. 28, 2011
Presidential Decree No. 23264, Oct. 26, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 23681, Mar. 26, 2012
Presidential Decree No. 23759, May 1, 2012
Presidential Decree No. 23945, Jul. 10, 2012
Presidential Decree No. 23986, Jul. 24, 2012
Presidential Decree No. 24020, Aug. 3, 2012
Presidential Decree No. 24454, Mar. 23, 2013
Presidential Decree No. 24513, Apr. 22, 2013
Presidential Decree No. 25435, Jun. 30, 2014
Presidential Decree No. 25701, Nov. 4, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 26718, Dec. 15, 2015
Presidential Decree No. 26742, Dec. 22, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 27276, Jun. 28, 2016
Presidential Decree No. 27427, Aug. 2, 2016
Presidential Decree No. 27598, Nov. 22, 2016
Presidential Decree No. 27733, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28074, May 29, 2017
Presidential Decree No. 28207, Jul. 24, 2017
Presidential Decree No. 28211, Jul. 26, 2017
| Article 2 (Types and Standards of Persons with Disabilities) |
| (2) | Persons with disabilities shall be rated by degree of disability, on condition that such ratings shall be prescribed by Ministerial Decree of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 2-2 (Submission, etc. of Business Plans) |
| (1) | The head of each relevant central administrative agency shall formulate a business plan of the relevant year on the relevant business for the advancement of rights, interests and welfare of persons with disabilities and submit such business plan to the Minister of Health and Welfare by January 31 each year, along with the results of implementation of the business plan of the preceding year under Article 10-2 (3) of the Act. |
| (2) | Where the Minister of Health and Welfare formulates or amends a comprehensive plan for policies for persons with disabilities under Article 10-2 (4) of the Act, he/she shall notify the heads of relevant central administrative agencies thereof. |
| (3) | The Minister of Health and Welfare shall evaluate the results of implementation of business plans of the preceding year submitted by the heads of relevant central administrative agencies under paragraph (1) each year and notify the heads of the relevant central administrative agencies of the results thereof. |
[This Article Added by Presidential Decree No. 23986, Jul. 24, 2012]
| Article 3 (Organization of Policy Coordination Committee for Persons with Disabilities) |
| (1) | The Policy Coordination Committee for Persons with Disabilities prescribed in Article 11 of the Act (hereinafter referred to as the "Committee") shall be comprised of not more than 30 members including one Chairperson and one Vice-chairperson. |
| (2) | The Prime Minister shall become the Chairperson; the Minister of Health and Welfare shall become the Vice-chairperson; and the members of the Committee shall be comprised of ex officio members and commissioned members. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (3) | The Minister of Strategy and Finance, the Minister of Education, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of the Office for Government Policy Coordination, the Minister of Patriots and Veterans Affairs, and the Minister of Government Legislation, and the heads of central administrative agencies designated by the chairperson in connection with matters on which the committee deliberate shall become the ex officio members of the Committee. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Commissioned members of the Committee shall be commissioned by the Chairperson among the heads of organizations related to persons with disabilities and persons with abundant knowledge experience with issues on persons with disabilities, on condition that at least 1/2 of the commissioned members shall be persons with disabilities. |
| Article 3-2 (Dismissal of Commissioned Members of Committee) |
Where a commissioned member of the Committee mentioned in Article 3 (4) falls under any of the following cases, the Chairperson may dismiss such commissioned member: | 1. | Where the commissioned member becomes unable to perform any of his/her duties due to mental or physical disorder; |
| 2. | Where the commissioned member commits any misdeed in the course of performing any of his/her duties; |
| 3. | Where the commissioned member is recognized to be unsuitable to be a member of the committee due to neglecting a duty, loss of dignity and other grounds; |
| 4. | Where the commissioned member expresses that it is difficult to perform his/her duties. |
[This Article Added by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 4 (Term of Office of Commissioned Members) |
The term of office of commissioned members of the Committee shall be three years, on condition that they may be reappointed.
| Article 5 (Duties of Chairperson, etc.) |
| (1) | The Chairperson shall represent the Committee and administer the overall affairs of the Committee. |
| (2) | The Vice-chairperson shall assist the Chairperson and, where the Chairperson is unable to conduct his/her duties due to unavoidable causes, conduct such duties vicariously. |
| (1) | Meetings of the Committee shall be convened by the Chairperson when the Chairperson deems necessary or upon request by at least 1/3 of members registered. |
| (2) | A meeting of the Committee shall be held with attendance of majority of the members registered and resolutions shall be passed with the concurrent votes of majority of the members present. |
The Committee shall have two secretaries to handle affairs of the Committee, on condition that the secretarial positions shall be taken by the director general of the Social Policy Coordination Office of the Office for Government Policy Coordination and the director general of the Office for Social Welfare Policy of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21214, Dec. 31, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013>
| Article 8 (Allowances and Travel Expenses) |
Allowances and travel expenses shall be paid to members who attend meetings of the Committee within budgetary limits: Provided, That the same shall not apply to members who are public officials attending meetings in direct connection with business in their charge.
| Article 9 (Detailed Regulations for Operation) |
The Chairperson shall determine matters necessary for the operation of the Committee, in addition to those provided for in this Decree, through resolutions of the Committee.
| Article 10 (Organization, etc. of Policy Coordination Working Committee for Persons with Disabilities) |
| (1) | The policy coordination working committee for persons with disabilities mentioned in Article 11 (4) of the Act (hereinafter referred to as the "working committee") shall be comprised of not more than 30 members including one chairperson and one vice-chairperson. |
| (2) | The Vice-Minister of Health and Welfare shall become the chairperson of the working committee (hereinafter referred to as the “chairperson of the working committee”); a member of the Senior Executive Service of the Ministry of Health and Welfare who takes charge of affairs concerning persons with disabilitiess shall become the vice chairperson; and members of the working committee shall be comprised of ex officio members and commissioned members. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (3) | Ex officio members of the working committee shall be appointed by the chairperson of the working committee from among members of the Senior Executive Service of the Minister of Strategy and Finance, the Minister of Education, the Minister of the Interior and Safety, the Minister of Culture, Sports and Tourism, the Minister of Trade, Industry and Energy, the Minister of Employment and Labor, the Minister of Gender Equality and Family, the Minister of Land, Infrastructure and Transport, the Minister of the Office for Government Policy Coordination, the Minister of Patriots and Veterans Affairs, and the Minister of Government Legislation, and members of the Senior Executive Service of central administrative agencies relevant to matters on which the Committee deliberates. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24454, Mar. 23, 2013; Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| (4) | Commissioned members of the working committee shall be commissioned by the chairperson of the working committee from among the heads of organizations related to persons with disabilities and persons with abundant knowledge and experience with issues on persons with disabilities, on condition that at least 1/2 of the commissioned members shall be persons with disabilities. |
| (5) | For efficiently performing duties in accordance with Article 11 (4) of the Act, the working committee may have subcommittees by area, such as a subcommittee for convenience in mobility of persons with disabilities and a subcommittee for the expansion of employment of persons with disabilities. |
| (6) | The working committee shall have two secretaries to handle affairs of the working committee, on condition that the secretaries shall be appointed by the chairperson of the working committee among public officials belonging to the Office for Government Policy Coordination and the Ministry of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24454, Mar. 23, 2013> |
| (7) | Articles 4 through 6, 8 and 9 shall apply mutatis mutandis to the operation of the working committee. In such cases, "Committee" and "Chairperson" shall be construed as "working committee" and "chairperson of the working committee," respectively. |
| Article 10-2 (Dismissal of Members of Working Committee) |
Where a member mentioned in Article 10 (3) or (4) falls under any of the following cases, the chairperson of the working committee may withdraw the appointment of such member or dismiss such member: | 1. | Where the member becomes unable to perform any of his/her duties due to mental or physical disorder; |
| 2. | Where the member commits any misdeed in the course of performing his/her duties; |
| 3. | Where the member is recognized to be unsuitable to be a member of the working committee due to neglecting a duty, loss of dignity and other grounds; |
| 4. | Where a member expresses that it is difficult to perform any of his/her duties. |
[This Article Added by Presidential Decree No. 26844, Dec. 31, 2015]
| Article 11 (Designation, etc. of Officials in Charge of Policies for Persons with Disabilities) |
| (1) | Officials in charge of policies for persons with disabilities mentioned in Article 12 (2) of the Act shall be designated by the heads of central administrative agencies from among members of the Senior Executive Service of the relevant agencies who take charge of the formulation and execution of policies for persons with disabilities. |
| (2) | Duties of officials in charge of policies for persons with disabilities designated under paragraph (1) are as follows: |
| 1. | Matters concerning the formulation of plans for promotion of policies for persons with disabilities; |
| 2. | Matters concerning monitoring and evaluation of promotion of policies for persons with disabilities; |
| 3. | External cooperation concerning promotion of policies for persons with disabilities; |
| 4. | Other matters for the advancement of rights and interests of persons with disabilities and improvement of social consciousness on persons with disabilities, which are determined by heads of central administrative agencies. |
| Article 12 (Organization of Local Committees for Welfare of Persons with Disabilities) |
| (1) | Local committees for welfare of persons with disabilities mentioned in Article 13 of the Act (hereinafter referred to as "local committee") shall be comprised of not more than 30 members including one chairperson. |
| (2) | The head of the relevant local government shall become the chairperson of a local committee; and members of the local committee shall be commissioned or appointed by the head of the relevant local government among the following persons, on condition that at least 1/2 of the commissioned members shall be persons with disabilities: |
| 1. | The heads of organizations related to persons with disabilities; |
| 2. | Persons with abundant knowledge and experience with issues on persons with disabilities; |
| 3. | Public officials belonging to the relevant local government who conduct duties concerning policies for persons with disabilities. |
| Article 13 (Relationship to other Acts) |
| (1) | Pursuant to Article 15 of the Act, Articles 27, 30, 34 (1) 1 and 4, 36, 38, 39, 41, 42, 46, 49, 55 and 66 of the Act shall not apply to any of the following persons among the persons with disabilities defined in Article 2 of the Act, who is given disability ratings under Article 6-4 of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State: <Amended by Presidential Decree No. 25701, Nov. 4, 2014> |
| Article 13-2 (Implementation of Job-Placement Project for Persons with Disabilities) |
| (1) | The Minister of Health and Welfare may implement a job-placement project for persons with disabilities to expand opportunities for participation of persons with disabilities in social activities and to support guaranteed incomes by finding jobs suitable for their aptitudes and capabilities, under Article 21 (1) of the Act. |
| (2) | The Minister of Health and Welfare may construct and operate a computer system to manage the job-placement project for persons with disabilities referred to in paragraph (1). |
| (3) | Matters necessary for types and operation of the job-placement project for persons with disabilities referred to in paragraph (1) and for the construction and operation of the computer system mentioned in paragraph (2) shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added by Presidential Decree No. 25701, Nov. 4, 2014]
| Article 14 (Scope of Broadcast Programs with Korean Sign Language, Closed Captioning or Screen Readers) |
"Broadcast programs prescribed by Presidential Decree" in Article 22 (2) of the Act means any of the following broadcast programs: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> | 3. | Relay broadcasting of ceremonies of national holidays prescribed in the Act on National Holidays and anniversary days prescribed in the Regulations for Various Anniversary Days, etc. and events incidental thereto; |
| 4. | Other broadcasts the Minister of Health and Welfare determines and publicly notifies in recognition that hearing-impaired persons and visually impaired persons need them to access information. |
| Article 15 (Provision of Interpretation of Korean Sign Language, Materials Inserted with Braille, etc.) |
"Events prescribed by Presidential Decree" in Article 22 (3) of the Act means ceremonies of any of the following national holidays and anniversary days and events incidental thereto: | 2. | Health Day, Day of Persons with Disabilities, Children's Day, Parents' Day, Teacher's Day, Memorial Day, Armed Forces Day and Elderly Persons' Day among anniversary days prescribed in the Regulations for Various Anniversary Days, etc. |
| Article 16 (Education for Improvement of Social Perception of Persons with Disabilities) |
| (1) | "Educational institutions and public organizations prescribed by Presidential Decree" in Article 25 (2) of the Act means the following institutions or organizations: |
| 3. | Special corporations incorporated under special Acts. |
| (2) | The heads of the institutions or organizations prescribed in Article 25 (2) of the Act shall provide the employees and students belonging thereto with education aiming at the improvement of social perception of persons with disabilities (hereinafter referred to as "education for improvement of social perception on disabilities") at least annually. |
| (3) | Education for improvement of social perception on disabilities shall include the following matters: |
| 1. | Definition of disability; |
| 2. | Laws and systems concerning human rights of persons with disabilities; |
| 3. | Behavioral characteristics and abilities of persons with disabilities; |
| 4. | Methods of communication with persons with disabilities; |
| 5. | Disability aids and convenience facilities for persons with disabilities; |
| 6. | Other contents helpful for the improvement of social perception of persons with disabilities. |
| (4) | Education for improvement of social perception on disabilities may be provided by such methods as gatherings, distance learning utilizing internet lectures, etc., and experience. |
| (5) | Where the head of an institution or organization prescribed in Article 25 (2) of the Act implements education for improvement of social perception on disabilities, he/she shall submit the results of the education in terms of the contents and methods of the education and the number of participants to the Minister of Health and Welfare as prescribed by Ministerial Decree of Health and Welfare. |
[This Article Wholly Amended by Presidential Decree No. 27276, Jun. 28, 2016]
| Article 17 (Types, etc. of Facilities Eligible for Reduction and Exemption) |
| (1) | Public facilities, the use fees of which may be reduced or exempted for persons with disabilities under Article 30 of the Act and the rates of the reduction and exemption thereof are as listed in Appendix 2. |
| (2) | Any person who intends to qualify for reduction and exemption of use fee of a public facility under paragraph (1) shall present his/her certificate of registration for persons with disabilities issued under Article 32 (1) of the Act to the manager of the facility he/she intends to use. |
| Article 18 (Methods, etc. of Fact-Finding Surveys) |
| (1) | Fact-finding surveys on disabilities mentioned in Article 31 of the Act shall be conducted by means of complete enumeration surveys or sample surveys, on condition that complete enumeration surveys shall be conducted by the Special Metropolitan City Mayors, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, or Special Self-Governing Province Governors (hereinafter referred to as "City Mayors/Do Governors") as prescribed by the Minister of Health and Welfare, and sample surveys shall be conducted by the Minister of Health and Welfare by commissioning them to specialized research institutes. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23986, Jul. 24, 2012; Presidential Decree No. 26718, Dec. 15, 2015> |
| (2) | Matters to be surveyed in fact-finding surveys on disabilities mentioned in paragraph (1) are as follows. In such cases, gender equality shall be considered where surveying the matters falling under subparagraphs 2 through 7, 9 and 10: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23986, Jul. 24, 2012; Presidential Decree No. 25701, Nov. 4, 2014> |
| 1. | Matters concerning general characteristics of persons with disabilities, such as gender, age, educational background and family member; |
| 2. | Matters concerning characteristics of disabilities, such as types, degree, causes, etc. of disabilities; |
| 3. | Matters concerning financial standings, such as employment, vocational training, income and consumption, and housing; |
| 4. | Matters concerning welfare needs, such as use of disability aids, use of welfare facilities, rehabilitation services and needs for installation of convenience facilities; |
| 5. | Matters concerning welfare assistance conditions, such as provision of disability pension, disability allowance and disability aids and disabled person registration system; |
| 6. | Matters concerning social participation conditions, such as daily lives and leisure, and social activities; |
| 7. | Matters concerning mentality of persons with disabilities, such as the degree of satisfaction with living and attitude to living environment; |
| 8. | Matters concerning disabled females' welfare needs for pregnancy, child birth and child-rearing; |
| 9. | Matters necessary for comparative survey between persons with disabilities and persons without disabilities in terms of household types and household incomes; |
| 10. | Other matters recognized by the Minister of Health and Welfare as necessary for the welfare of persons with disabilities. |
| Article 19 (Years of Survey) |
Fact-finding surveys referred to in Article 18 shall be conducted once every three years, starting from the basic year of 2005, on condition that the Minister of Health and Welfare shall determine the dates of survey. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> | (2) | The Minister of Health and Welfare may conduct temporary surveys in addition to fact-finding surveys mentioned in paragraph (1). <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 20 (Scope of Guardians) |
"Guardian prescribed by Presidential Decree" in Article 32 (1) and (2) of the Act means the head of welfare facility for persons with disabilities protecting the person with a disability and any other person actually protecting the person with a disability. <Amended by Presidential Decree No. 27276, Jun. 28, 2016; Presidential Decree No. 28207, Jul. 24, 2017>
| Article 20-2 (Institutions Commissioned for Close Examinations) |
[This Article Added by Presidential Decree No. 27276, Jun. 28, 2016]
| Article 21 (Employment of Counselors for Welfare of Persons with Disabilities) |
| (1) | Counselors for welfare of persons with disabilities mentioned in Article 33 of the Act (hereinafter referred to as "counselors") shall be employed as local public officials by Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of Sis/Guns/Gus (the heads of Gus refer to the heads of autonomous Gus: hereinafter the same shall apply) among the following persons: <Amended by Presidential Decree No. 27733, Dec. 30, 2016> |
| 3. | Persons who have worked for at least three years in job areas related to welfare of persons with disabilities and meet the standards for career prescribed by rule of the relevant local governments which are equivalent to the class for which appointment is scheduled; |
| 4. | Persons who have worked as public officials for at least two years in job classes equivalent to the class for which appointment is scheduled. |
| (2) | Notwithstanding paragraph (1), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the heads of Sis/Guns/Gus may, if unavoidable for the operation of workforce of the relevant local governments, have public officials in full charge of social welfare employed under Article 7 of the Enforcement Decree of the Social Welfare Services Act among the public officials belonging thereto conduct the duties of counselors. <Amended by Presidential Decree No. 27733, Dec. 30, 2016> |
| Article 22 (Duties of Counselors) |
Counselors shall conduct the following duties:
| 1. | Counselling and guidance to persons with disabilities and their families or relevant persons; |
| 2. | Guidance for diagnosis, medical treatment, health, etc. concerning persons with disabilities and commissioning relevant specialized institutions on guidance for diagnosis, medical treatment, health, etc.; |
| 3. | Admission and visiting of persons with disabilities to welfare facilities for persons with disabilities or arrangement for the use thereof; |
| 4. | Guidance for provision, use, repair, etc. of disability aids for persons with disabilities; |
| 5. | Vocational training and job placement for persons with disabilities and commissioning relevant specialized institutions on vocational training and job placement; |
| 6. | Development, organization, utilization and arrangement of regional social resources for persons with disabilities; |
| 7. | Surveys and guidance on persons with disabilities or welfare facilities for persons with disabilities; |
| 8. | Other matters concerning promotion of welfare of persons with disabilities. |
| Article 23 (Standards for and Methods of Provision of Postnatal Care Helpers) |
| (1) | The State and local governments shall select persons eligible for provision of postnatal care helpers (hereinafter referred to as "persons eligible for provision") in consideration of the following requirements, under Article 37 (3) of the Act: |
| 1. | The degree of disabilities of pregnant females with disabilities; |
| 2. | Household composition, such as existence of a spouse, the number of children; |
| (2) | The State and local governments shall provide persons eligible for provision selected under paragraph (1) with services for health care necessary for pregnancy and child birth and health care of newborns. |
| Article 24 (Usage, Limits, etc. of Loans) |
| (1) | Usages for which loans may be provided under Article 41 of the Act are as follows: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 21955, Dec. 31, 2009; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Funds for operating business; |
| 2. | Costs for purchasing cars for operating business or commuting; |
| 3. | Costs for instruction and technical training for job placement; |
| 4. | Costs for purchasing disability aids necessary for training for functional rehabilitation; |
| 5. | Costs for purchasing office equipment; |
| 6. | Other costs recognized by the Minister of Health and Welfare as necessary for the rehabilitation of persons with disabilities. |
| (2) | The Minister of Health and Welfare shall determine limits, interest rates and grace periods of loans mentioned in paragraph (1) in consultation with the heads of relevant central administrative agencies. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 25 (Procedure, etc. of Lending Loans) |
| (1) | Any person who intends to borrow loans mentioned in Article 41 of the Act shall file a written application for lending loans (including electronic documents) with the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the address of the applicant as prescribed by Ministerial Decree of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26718, Dec. 15, 2015> |
| (2) | Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives a written application for lending loans mentioned in paragraph (1), he/she shall determine whether to make the loans, without delay; notify the applicant thereof; and notify the financial institution or post office handling the loans of the details thereof. In such cases, where the person applying for the loans has made loans mentioned in the subparagraphs of Article 24 (1) in accordance with the National Basic Living Security Act, the Single-Parent Family Support Act, or any other statute, such person must not make the loans for the same purposes. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26718, Dec. 15, 2015> |
| Article 26 (Methods, etc. of Redemption of Loans) |
| (1) | Any person who has taken out a loan under Article 41 of the Act shall redeem the loan in compliance with the redemption standards determined by the Minister of Health and Welfare. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of each Si/Gun/Gu shall record the details of loans provided to the borrowers and manage such record as prescribed by Ministerial Decree of Health and Welfare. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| (3) | Where a person who has to redeem a loan under paragraph (1) moves his/her domicile to another Special Self-Governing City, Special Self-Governing Province, or a Si/Gun/Gu, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the previous domicile shall send the documents mentioned in paragraph (2) to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction over the new domicile without delay. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| (4) | Where a person who has taken out a loan fails to use the loan for the original purpose when the person applied for the loan, the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu may request such person to make corrections, and where the person who has taken out the loan fails to implement the request for correction without any justifiable ground, he/she may recover the loan lent. <Added by Presidential Decree No. 23986, Jul. 24, 2012; Presidential Decree No. 26718, Dec. 15, 2015> |
| Article 27 (Support for Operation of Business) |
| (2) | “Other public organizations" in paragraph (1) means any of the following institutions: |
| 3. | Corporations incorporated under special Acts. |
| (3) | Where the State, etc. intends to permit use/profit-making under paragraph (1), it may preferentially grant permission to any of the following persons: |
| 1. | Persons with disabilities who are 20 years old or older and heads of households; |
| 2. | Persons with disabilities who are 20 years old or older, the spouse of whom is a head of household. |
| Article 28 (Provision of Convenience to Examinees with Disabilities) |
Institutions/organizations and examinations, which must provide convenience to examinees with disabilities, are as follows:
| 1. | Employment examinations implemented by the State and local governments; |
| 3. | Employment examinations implemented by special corporations incorporated under special Acts; |
[This Article Added by Presidential Decree No. 27276, Jun. 28, 2016]
| Article 29 Deleted. <by Presidential Decree No. 23986, Jul. 24, 2012> |
| Article 30 (Persons Eligible for Payment of Disability Allowance, etc.) |
| (1) | Persons eligible for payment of disability allowance prescribed in Article 49 of the Act shall be recipients prescribed in the National Basic Living Security Act or persons of the second lowest income bracket requiring additional coverage of costs due to disabilities among persons who are 18 years old or older and registered as persons with disabilities: Provided, That those who receive allowance for children with disabilities under paragraph (2) shall be excluded. |
| (2) | A person eligible for payment of allowance for children with disabilities prescribed in Article 50 (1) of the Act shall be the person meeting all the following requirements: |
| 1. | The person is less than 18 years of age (where the relevant person with disabilities is attending a high school prescribed in the Elementary and Secondary Education Act, or special school or other school equivalent thereto, including those of less than 20 years of age); |
| 2. | The person shall be registered as a person with a disability; |
| 3. | Additional coverage of costs due to disabilities is required as a recipient or person of the second lowest income bracket pursuant to the National Basic Living Security Act. |
| (3) | A person eligible for payment of guardian allowance prescribed in Article 50 (2) of the Act shall be the person meeting all the following requirements: |
| 2. | The person protects or supports a person with a disability of not less than 18 years of age who has difficulties in leading a daily life without other person's assistance due to a severe disability (excluding persons with disabilities of not more than 20 years of age who attend high school prescribed in the Elementary and Secondary Education Act, or special school or other schools equivalent thereto). |
| Article 31 (Persons subject to Examination of Degree of Disability and Relevant Matters) |
| (1) | Pursuant to Article 49 (3) of the Act, a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may examine the degree of disability of a person who has applied for the payment of disability allowance pursuant to Article 50-2 (1) of the Act: Provided, That any of the following persons shall be excluded therefrom: |
| 1. | A person whose degree of disability has been decided by receiving a close examination on the degree of disability pursuant to Article 32 (6) of the Act: Provided, That persons who are deemed to require measures to receive a diagnosis of disability, etc. in order to adjust disability rating according to a change in the conditions of disability pursuant to Article 32 (3) of the Act shall be excluded herefrom; |
| 2. | A person who is not less than 65 years of age; |
| 3. | Any other person who is recognized by the Minister of Health and Welfare as having a reasonable reason not to examine the degree of disability because the possibility of a change in his/her disability status is remarkably low. |
| (2) | In examining the degree of disability of a person subject to examination pursuant to paragraph (1), the Special Self-Governing Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall examine whether the degree of disability of the person subject to examination falls under any type, standard, etc. of disability provided for in Article 2 by commissioning the National Pension Service established under Article 24 of the National Pension Act to conduct the examination. |
| (3) | Except as provided for in paragraphs (1) and (2), necessary matters concerning the detailed methods of and standards for the examination of degree of disability shall comply with the methods of and standards for the examination of degree of disability determined and publicly notified by the Minister of Health and Welfare. |
[This Article Added by Presidential Decree No. 28207, Jul. 24, 2017]
| Article 32 (Timing and Methods of Payment of Disability Allowance, etc.) |
| (1) | Disability allowance, allowance for children with disabilities and guardian allowance prescribed in Article 30 (hereinafter referred to as "disability allowance, etc.") shall be paid from the month to which the date of application belongs, on condition that they shall be paid until the month in which the payment of the disability allowance, etc. is determined to discontinue (the allowance of the relevant month shall be paid in full: Provided, That where a recipient of disability allowance, etc. without an obligatory provider prescribed in the National Basic Living Security Act dies, such disability allowance, etc. shall not be paid if the fact of the death is already confirmed before the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu determines the payment thereof). <Amended by Presidential Decree No. 23986, Jul. 24, 2012; Presidential Decree No. 26718, Dec. 15, 2015> |
| (2) | Disability allowance, etc. shall be paid by the method of depositing it into eligible recipients' bank accounts established in financial institutions or post offices on the 20th day of each month (if it falls on a Saturdays or a holiday, the preceding day). In such cases, where a person determined as an eligible recipient falls under any of the following cases, the allowance may be deposited into bank accounts in the names of eligible recipient's spouse, lineal blood relatives or collateral blood relatives within three degrees of relationship: <Amended by Presidential Decree No. 21955, Dec. 31, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26718, Dec. 15, 2015> |
| 1. | Where adjudication on commencement of adult guardianship, adjudication on commencement of limited guardianship or adjudication on a specific guardian becomes final and conclusive; |
| 2. | Where a pecuniary claim is seized due to default; |
| 3. | Where it is difficult to establish a bank account in the name of the person in question due to dementia or causes of invalidity the Minister of Health and Welfare determines. |
| (3) | Any Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of any Si/Gun/Gu who intends to deposit disability allowance, etc. into bank account mentioned in the latter part of paragraph (2) shall give information on matters concerning the grounds, purpose of use of the disability allowance, etc. deposited, and prohibition of use for other purposes, etc. in advance, as prescribed by the Minister of Health and Welfare. <Added by Presidential Decree No. 21955, Dec. 31, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26718, Dec. 15, 2015> |
| (4) | Any person who intends to receive disability allowance, etc. through a bank account mentioned in the latter part of paragraph (2) after being informed under paragraph (3) shall submit documents prescribed by Ministerial Decree of Health and Welfare to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu. <Added by Presidential Decree No. 21955, Dec. 31, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26718, Dec. 15, 2015> |
| (5) | Notwithstanding paragraph (2), where an eligible recipient or a person to receive money through bank account mentioned in the latter part of the same paragraph has an unavoidable excuse for not having an account, such as living in an area without financial institutions or post offices, the relevant money may be directly paid to the eligible recipient or to a person to receive it through bank account mentioned in the latter part of the same paragraph. <Added by Presidential Decree No. 21962, Dec. 31, 2009> |
| Article 33 (Methods of Payment and Standards for Payment of Disability Allowance, etc.) |
| (1) | The Minister of Health and Welfare shall determine details about persons eligible for payment of disability allowance, etc. and standards for payment within budgetary limits, in consideration of costs for protecting persons with disabilities. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| (2) | The disability allowance, etc. shall be paid in cash. |
| Article 33-2 (Scope of Financial Information, etc.) |
| (1) | "Materials or information prescribed by Presidential Decree" in Article 50-2 (2) 1 of the Act means the following materials or information: <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| 1. | Demand deposits, such as ordinary deposits, savings accounts and free savings accounts: The average balance within the last three months; |
| 2. | Savings deposits, such as term deposits, installment deposits, installment savings: The account balance or the total amount deposited; |
| 4. | Bonds, notes, checks, debt certificates, certificates of preemptive right to new stocks: The face value; |
| 5. | Annuity savings: The amount paid regularly or the final balance; |
| 6. | Interest amounts, dividends or discounts accrued from financial assets prescribed in subparagraphs 1 through 5. |
| 1. | Current state of loans and details of delinquent loans; |
| 2. | Credit card amount due. |
| 1. | Insurance policies: The amount of redemption to receive at the time of surrender, or insurance money paid within the last one year; |
| 2. | Annuity insurance: The amount of redemption to receive at the time of surrender, or amount paid regularly. |
[This Article Added by Presidential Decree No. 23986, Jul. 24, 2012]
| Article 33-3 (Requests for and Provision of Financial Information, etc.) |
| (1) | Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of each Si/Gun/Gu shall submit a written consent he/she receives under Article 50-2 (2) of the Act to the Minister of Health and Welfare through the information system mentioned in Article 6-2 (2) of the Social Welfare Services Act (hereinafter referred to as the "information system"). <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| 1. | Names and resident registration numbers of applicants and the household members thereof; |
| 2. | The scope of financial information, etc. requested to be provided, and basis date of inquiry and period of inquiry. |
| (3) | Where a head of a financial institution, etc. requested to provide financial information, etc. under paragraph (2) provides the Minister of Health and Welfare with the relevant financial information, etc., he/she shall include the following matters in the matters provided: |
| 1. | Names and resident registration numbers of the applicant and the household members thereof; |
| 2. | Names of the financial institutions, etc. providing the financial information, etc.; |
| 3. | Names of financial products and bank account numbers to be provided; |
| 4. | Details of financial information, etc. |
| (4) | The Minister of Health and Welfare may request the heads of financial institutions, etc. to provide him/her with financial information, etc. mentioned in paragraph (2) by using information and communication networks of associations, alliances, or federations, etc. to which the relevant financial institution, etc. are affiliated. |
| (5) | The Minister of Health and Welfare shall notify Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of Sis/Guns/Gus of financial information, etc. provided by heads of financial institutions, etc. under paragraph (3) through the information system. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| (6) | Paragraphs (2) through (4) shall apply mutatis mutandis to requests for provision of financial information, etc. of recipients and the household members thereof under Article 50-3 (2) of the Act. In such cases, an "applicant" shall be deemed a "recipient." |
[This Article Added by Presidential Decree No. 23986, Jul. 24, 2012]
| Article 33-4 (Methods, etc. of Applying for Bank Accounts for Receipt of Welfare Benefits for Persons with Disabilities) |
| (1) | Any person who intends to receive educational expenses for children, disability allowance, etc. through a designated bank account in the name of the recipient (hereinafter referred to as "bank account for receipt of welfare benefits for persons with disabilities") under the main sentence of Article 50-4 (1) of the Act shall submit a written application for bank account for receipt of welfare benefits for persons with disabilities prescribed by Ministerial Decree of Health and Welfare to the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu having jurisdiction, along with a copy of the bank book (referring to the page in which the bank account number is recorded). The same shall also apply to the change of bank accounts for receipt of welfare benefits for persons with disabilities. |
| (2) | In any of the following cases, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may pay educational expenses for children, disability allowance, etc. in cash directly pursuant to the proviso to Article 50-4 (1) of the Act: |
| 1. | Where a financial institution with which a bank account for receipt of welfare benefits for persons with disabilities is established fails to conduct business normally due to permanent closure of business, suspension of business, information and communication disorder, etc.; |
| 2. | Where a recipient lives in an area in which financial institutions are no easily accessible to him/her; |
| 3. | Other unavoidable causes equivalent thereto, by which educational expenses for children, disability allowance, etc. are not transferable to bank accounts for receipt of welfare benefits for persons with disabilities. |
| (3) | Every Special Self-Governing City Mayor, Special Self-Governing Province Governor, and the head of each Si/Gun/Gu shall inform persons applying for the payment of educational expenses for children, disability allowance, etc. under Article 50-2 (1) of the Act of the methods, etc. of applying for bank accounts for receipt of welfare benefits for persons with disabilities mentioned in paragraph (1). |
[This Article Added by Presidential Decree No. 27598, Nov. 22, 2016]
| Article 34 (Recovery of Educational Expenses for Children, Disability Allowance, etc.) |
| (1) | Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to recover educational expenses for children, disability allowance, etc. under Article 51 (1) of the Act, he/she shall notify the person who has received the educational expenses for children, disability allowance, etc. to pay the amount of recovery of the educational expenses for children, disability allowance, etc., with a written notice of determination of recovery of the educational expenses for children, disability allowance, etc. prescribed by Ministerial Decree of Health and Welfare by clarifying the grounds for recovery of the educational expenses for children, disability allowance, etc., amount of recovery, period of payment, institution for payment, methods of raising objections, etc. in detail. In such cases, the deadline for payment shall be not earlier than 30 days from the date of notice. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| (2) | Any person notified under paragraph (1) shall pay the amount of recovery of educational expenses for children, disability allowance, etc. to the relevant institution for payment, and the head of the institution which has received the amount of recovery shall notify the competent Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu of having received the amount of recovery of the educational expenses for children, disability allowance, etc., without delay. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
| (3) | Where a person notified under paragraph (1) fails to pay the amount of recovery of educational expenses for children, disability allowance, etc. within the period of payment, the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall urge such person to pay within a specified period longer than 30 days. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> |
[This Article Wholly Amended by Presidential Decree No. 23945, Jul. 10, 2012]
| Article 35 (Disposition of Deficits) |
Where a Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to write-off deficits under Article 51 (4) of the Act, he/she shall investigate and verify the whereabouts of the defaulter or presence or non-presence of property through relevant administrative agencies, such as tax offices, and relevant institutions, such as the National Health Insurance Service prescribed in the National Health Insurance Act: Provided, That the same shall not apply where the amount in arrears is less than 100,000 won. <Amended by Presidential Decree No. 26718, Dec. 15, 2015> [This Article Wholly Amended by Presidential Decree No. 23945, Jul. 10, 2012]
| Article 36 (Welfare Facilities for Persons with Disabilities) |
"Other facilities prescribed by Presidential Decree" in Article 58 (1) 5 of the Act means facilities for sales of products made by persons with disabilities.
| Article 36-2 (Inquiries about Records of Sex Offenses) |
| (1) | Any person who intends to request to inquire into records of sex offenses pursuant to Article 59-3 (2) through (4) of the Act shall make such request to the head of the police office having jurisdiction over the location of the welfare facility for persons with disabilities. In such cases, where he/she makes a request pursuant to Article 59-3 (2) and (3) of the Act, he/she shall also submit a written consent classified in the below therewith: |
| 1. | Where a request is made by the head of a Si/Gun/Gu: A written consent of persons who intend to operate welfare facilities for persons with disabilities; |
| 2. | Where a request is made by an operator of a welfare facility for persons with disabilities: A written consent of persons employed by welfare facilities for persons with disabilities or actually providing labor (hereinafter referred to as "employee") or persons who intend to be employed or actually provide labor (hereinafter referred to as "prospective employees"). |
| (2) | The head of a police office in receipt of request for inquiries about the records of sex offenses under paragraph (1) shall reply to the head of the Si/Gun/Gu or the operator of the welfare facility for persons with disabilities by verifying whether the person who intends to operate a welfare facility for persons with disabilities, employee or prospective employee is a person restricted on the operation of welfare facilities for persons with disabilities, employment by, or actual provision of labor to, welfare facilities for persons with disabilities under Article 59-3 (1) of the Act. |
| (3) | Forms necessary for requests for inquiries about records of sex offenses and replies mentioned in paragraphs (1) and (2) shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added by Presidential Decree No. 23986, Jul. 24, 2012]
| Article 36-3 (Requests for Dismissal) |
| (1) | Where the head of a Si/Gun/Gu intends to request an operator of a welfare facility for persons with disabilities to dismiss an employee under the latter part of Article 59-3 (4) of the Act, he/she shall do so with a written document stating the fact of violation of law, details of the request, deadlines for implementation, etc. |
| (2) | Where the head of a Si/Gun/Gu requests dismissal under paragraph (1), he/she shall also inform the relevant person of the fact. |
| (3) | The operator of any welfare facility for persons with disabilities requested to dismiss mentioned in paragraph (1) and any employee notified under paragraph (2) may raise an objection to the head of the Si/Gun/Gu within ten days from the date on which the operator is notified of the request for dismissal or the employee is notified of the dismissal. |
| (4) | Where a head of a Si/Gun/Gu receives an objection under paragraph (3), he/she shall deliberate thereon and inform the operator of the relevant welfare facility for persons with disabilities and employee of the results thereof within two weeks. |
[This Article Added by Presidential Decree No. 23986, Jul. 24, 2012]
| Article 36-4 (Information on Procedures, Methods, etc. of Reporting on Abuse of and Sex Offenses against Persons with Disabilities) |
To give information on procedures, methods, etc. of reporting on abuse of and sex offenses against persons with disabilities pursuant to Article 59-4 (4) of the Act, the Minister of Health and Welfare shall prepare educational materials concerning the prevention of, obligation of reporting on, procedures and methods of reporting on, abuse of and sex offenses against persons with disabilities, and disseminate such materials to persons obliged to report mentioned in the subparagraphs of paragraph (2) 2 of the same Article. <Amended by Presidential Decree No. 27276, Jun. 28, 2016> [This Article Added by Presidential Decree No. 26718, Dec. 15, 2015]
| Article 36-5 (Measures for Prevention of and Reporting on Abuse of and Sex Offenses against Persons with Disabilities) |
| (1) | To prevent abuse of and sex offenses against persons with disabilities and occasionally receive reports thereon under Article 59-4 (5) of the Act, the Minister of Health and Welfare shall include telephone numbers for reporting installed by institutions related to the prevention of abuse of and sex offenses against persons with disabilities (hereinafter referred to as "telephone numbers for reporting") in educational materials mentioned in Article 36-4. <Amended by Presidential Decree No. 27276, Jun. 28, 2016> |
| (2) | To prevent abuse of and sex offenses against persons with disabilities and occasionally receive reports thereon under Article 59-4 (5) of the Act, the heads of local governments shall place telephone numbers for reporting at easily noticeable places, such as the entrance to government office buildings. <Amended by Presidential Decree No. 27276, Jun. 28, 2016> |
| (3) | To prevent abuse of and sex offenses against persons with disabilities and occasionally receive reports thereon under Article 59-4 (5) of the Act, the heads of local governments shall guide the heads of welfare facilities for persons with disabilities to place telephone numbers for reporting at the entrance to the relevant facilities, etc. <Amended by Presidential Decree No. 27276, Jun. 28, 2016> |
[This Article Added by Presidential Decree No. 26718, Dec. 15, 2015]
| Article 36-6 (Details of Education, etc. for Persons Obliged to Report) |
| (1) | Education related to the prevention of and obligation of reporting on abuse of and sex offenses against persons with disabilities mentioned in Article 59-4 (6) of the Act (hereinafter referred to as "education for prevention of abuse of persons with disabilities and sex offenses targeting persons with disabilities") shall include the following matters: <Amended by Presidential Decree No. 27276, Jun. 28, 2016> |
| 1. | Statues concerning prevention of and obligation of reporting on abuse of and sex offenses against persons with disabilities; |
| 2. | Methods of reporting at the time of discovering abuse of and sex offenses against persons with disabilities; |
| 3. | Procedures for protection of victimized persons with disabilities; |
| 4. | Cases of abuse of and sex offenses against persons with disabilities. |
| (2) | The heads of competent central administrative agencies prescribed in the subparagraphs of Article 59-4 (2) of the Act (hereafter referred to as "heads of competent central administrative agencies" in this Article) shall include at least one hour of education for prevention of abuse of and sex offenses against persons with disabilities in the courses for obtaining qualification courses or courses for refresher education for persons who fall under any subparagraph of the same paragraph. In such cases, the heads of the competent central administrative agencies may implement the education for prevention of abuse of and sex offenses against persons with disabilities along with education related to prevention of and obligation of reporting on abuse of children included in courses for obtaining qualification courses or courses for refresher education for persons obliged to report abuse of children under Article 26 (1) of the Child Welfare Act. <Amended by Presidential Decree No. 27276, Jun. 28, 2016> |
| (3) | Education for prevention of abuse of courses for obtaining qualification courses or courses for refresher education persons with disabilities may be implemented by means of gatherings or distance learning utilizing internet lectures, etc. <Amended by Presidential Decree No. 27276, Jun. 28, 2016> |
| (4) | Notwithstanding paragraph (2), the heads of a competent central administrative agency shall provide persons not participating in the relevant courses for obtaining qualification courses or courses for refresher education, who are referred to in the subparagraphs of Article 59-4 (2) of the Act, with educational materials including the matters in the subparagraphs of paragraph (1). |
[This Article Added by Presidential Decree No. 26718, Dec. 15, 2015]
| Article 36-7 (Duty to Prevent and Prohibit Abuse of Persons with Disabilities) |
"Matters prescribed by Presidential Decree for the prevention and prohibition of abuse of persons with disabilities" in subparagraph 6 of Article 59-8 of the Act means the following: | 1. | Establishment of cooperative systems between relevant agencies for prevention and prohibition of abuse of persons with disabilities; |
| 2. | Guidance and supervision for relevant agencies for prevention and prohibition of abuse of persons with disabilities, such as welfare facilities for persons with disabilities prescribed in Article 58 of the Act. |
[This Article Added by Presidential Decree No. 26718, Dec. 15, 2015]
| Article 36-8 (Standards for Establishment and Operation of Institutions for Protection of Rights and Interests of Persons with Disabilities) |
| (1) | The Central Institution for Protection of Rights and Interests of Persons with Disabilities and regional institutions for protection of rights and interests of persons with disabilities prescribed in Article 59-9 (1) and (2) of the Act (hereinafter referred to as "institutions for protection of rights and interests of persons with disabilities") shall be equipped with offices, counselling rooms, class rooms, waiting rooms, etc. necessary for business. |
| (2) | The heads of institutions for protection of rights and interests of persons with disabilities shall prepare regulations for operation and management, including the following matters: |
| 1. | Directions of operation and allocation of business; |
| 3. | Methods of managing counselors; |
| 4. | Preparation and keeping of accounting books, such as finance and accounting; |
| 5. | Other matters necessary for properly operating institutions for protection of rights and interests of persons with disabilities. |
| (3) | Detailed matters concerning standards for establishment and operation of institutions for protection of rights and interests of persons with disabilities in addition to those provided for in paragraphs (1) and (2) shall be prescribed by Ministerial Decree of Health and Welfare. |
[This Article Added by Presidential Decree No. 27733, Dec. 30, 2016]
| Article 36-9 (Standards for Qualification, etc. of Counselors of Institutions for Protection of Rights and Interests of Person with Disabilities) |
Counselors of institutions for protection of rights and interests of persons with disabilities shall have any of the following qualifications: <Amended by Presidential Decree No. 28074, May 29, 2017>
| 6. | Other persons who have worked in the area of welfare for persons with disabilities or human rights and are determined by the Minister of Health and Welfare in recognition that they have expertise necessary for protection of rights and interests of persons with disabilities. |
[This Article Added by Presidential Decree No. 27733, Dec. 30, 2016]
| Article 36-10 (Entrustment of Operation of Institutions for Protection of Rights and Interests of Persons with Disabilities) |
| (1) | Where the Minister of Health and Welfare or a Mayor/Do Governor intends to entrust the operation of an institution for protection of rights and interests of persons with disabilities under Article 59-9 (3) of the Act, he/she shall undergo a public invitation targeting public institutions prescribed in Article 4 of the Act on the Management of Public Institutions or non-profit corporations the purpose of which is to prevent and prohibit abuse of persons with disabilities. In such cases, the Minister shall designate entrusted institutions, comprehensively taking into account the following standards: |
| 1. | Whether standards for installation and operation of institutions for protection of rights and interests of persons with disabilities and standards for qualification of counselors prescribed in Articles 36-8 and 36-9 are met; |
| 2. | Records of performance of business related to protection of rights and interest of persons with disabilities and operating plan. |
| (2) | Where the Minister of Health and Welfare or a Mayor/Do Governor entrusts the operation of an institution for protection of rights and interests of persons with disabilities under Article 59-9 (3) of the Act, he/she shall publicly notify the public institutions or non-profit corporations to be entrusted, details of business entrusted, etc. |
| (3) | The Minister of Health and Welfare shall determine and publicly notify matters necessary for the entrustment of operation of institutions for protection of rights and interests of persons with disabilities, in addition to those provided for in paragraphs (1) and (2). |
[This Article Added by Presidential Decree No. 27733, Dec. 30, 2016]
| Article 36-11 (Proxies in Contracting Procedures for Use of Residential Homes for Persons with Disabilities) |
"Persons prescribed by Presidential Decree" in Article 60-2 (6) of the Act means persons in the following order: <Amended by Presidential Decree No. 26718, Dec. 15, 2015> | 1. | Guardians of persons with disabilities prescribed in the Civil Act; |
| 2. | Disabled person's spouse or obligatory provider who is a lineal blood relative in one degree of relationship; |
| 3. | Persons designated by the Special Self-Governing City Mayor, Special Self-Governing Province Governor or the head of the Si/Gun/Gu having jurisdiction over the address of the person with disabilities (the current location if such person has no address or it is not possible to know his/her address). |
[This Article Added by Presidential Decree No. 23681, Mar. 26, 2012]
| Article 37 (Implementation, Public Announcement, etc. of National Examinations) |
| (1) | The Minister of Health and Welfare shall implement national examinations for prosthetists/orthotists and speech-language pathologists mentioned in Article 73 (1) of the Act (hereinafter referred to as "national examination") at least once each year. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23986, Jul. 24, 2012> |
| (2) | The Minister of Health and Welfare shall entrust affairs concerning the implementation of national examinations to the Korea Health Personnel Licensing Examination Institute prescribed in the Korea Health Personnel Licensing Examination Institute Act (hereinafter referred to as the "national examination management institution") under Article 73 (2) of the Act. <Amended by Presidential Decree No. 26742, Dec. 22, 2015> |
| (3) | The head of the national examination management institution shall publicly announce the date and time of examination, place of examination, subjects of examination, application fees and period of submission of applications and other matters necessary for the implementation of examination 90 days before the implementation of examination by obtaining approval from the Minister of Health and Welfare in advance: Provided, That places of examination may be publicly announced not later than 30 days before the implementation of examination after the number of applicants by region is determined. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23759, May 1, 2012> |
| (4) | Where a person with disabilities applies for an examination, the head of the national examination management institution shall provide him/her with necessary convenience according to the type and degree of disabilities. <Added by Presidential Decree No. 23986, Jul. 24, 2012> |
| Article 38 (Examination Subjects and Methods of Determining Successful Applicants) |
| (1) | Methods of national examinations shall be classified as follows: <Amended by Presidential Decree No. 23986, Jul. 24, 2012> |
| 1. | National examinations for prosthetists/orthotists: Written examinations and practical examinations; |
| 2. | National examinations for speech-language pathologists: Written examinations. |
| (2) | Subjects of written examinations mentioned in paragraph (1) are as shown in Appendix 4. <Amended by Presidential Decree No. 23986, Jul. 24, 2012> |
| (3) | Only successful applicants in written examinations shall apply for practical examinations mentioned in paragraph (1) 1, and practical examinations shall measure the ability to manufacture prosthetics/orthotics. <Added by Presidential Decree No. 23986, Jul. 24, 2012> |
| (4) | Successful applicants in national examinations shall be persons who obtain at least 60 percent of the total points of the entire subjects and at least 40 percent of points of each subject in written examinations and persons who obtain at least 60 percent of the total points in practical examinations. |
| Article 39 (Examination Committee Members) |
| (1) | When the head of the national examination management institution intends to implement a national examination, he/she shall commission examination committee members among persons having professional knowledge by examination subject. |
| (2) | Allowances and travel expenses may be paid to examination committee members mentioned in paragraph (1) within budgetary limits. |
| Article 40 (Application for National Examinations and Announcement of Successful Applicants) |
| (1) | Any person who intends to apply for national examinations shall submit a written application prescribed by the head of the national examination management institution to the head of the national examination management institution. |
| (2) | The head of the national examination management institution shall determine and announce successful applicants in national examinations, and report the following matters concerning the successful applicants to the Minister of Health and Welfare: <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Names and resident registration numbers; |
| 2. | The number of the applicant who passes the examination and year/month/date of passing national examinations. |
| Article 41 (Requests for Cooperation of Relevant Institutions, etc.) |
The head of the national examination management institution may, if necessary for a smooth administration of national examination management business, request the State, local governments or relevant institutions or organizations to render cooperation in necessary matters, such as places of examination and support for invigilation.
| Article 42 (Cost Bearing) |
| (1) | The State and local governments shall bear the costs incurred in measures mentioned in Articles 36 (1), 38 (1), 43 (1), 49 (1), 50 (1) and (2), 55 (1), 66 (1) and 67 (1) and (2) of the Act pursuant to Article 79 (1) of the Act, on condition that the rate of bearing shall be governed by the Enforcement Decree of the Subsidy Management Act. <Amended by Presidential Decree No. 23264, Oct. 26, 2011; Presidential Decree No. 23681, Mar. 26, 2012> |
| (2) | Costs incurred in installation and operation of welfare facilities for persons with disabilities mentioned in Article 59 (1) of the Act shall be borne by the State or local governments which have installed the relevant facilities. |
| (3) | The Minister of Health and Welfare shall determine expenses to be borne by users mentioned in Article 79 (2) of the Act each year in consideration of the standard median income prescribed in subparagraph 11 of Article 2 of the National Basic Living Security Act, facility operation expenses, etc. subsidized by institutions implementing welfare for persons with disabilities, etc. under Article 79 (1) of the Act each year. <Added by Presidential Decree No. 23681, Mar. 26, 2012; Presidential Decree No. 26683, Nov. 30, 2015> |
| (5) | The Minister of Health and Welfare shall determine and publicly notify amounts, persons eligible for reduction or exemption, amounts of reduction or exemption, etc. of expenses to be borne by users mentioned in paragraphs (3) and (4) each year. <Added by Presidential Decree No. 23681, Mar. 26, 2012> |
| Article 43 (Receipt of Costs) |
Where the Minister of Health and Welfare, a Mayor/Do Governor or the head of a Si/Gun/Gu intends to receive costs incurred in measures for welfare under Article 80 (1) of the Act, he/she shall receive an amount of money equivalent to the actual costs from the relevant persons with disabilities or the obligatory providers thereof: Provided, That where the relevant persons with disabilities or the obligatory providers thereof are recipients of livelihood benefits prescribed in Article 7 (1) 1 of the National Basic Living Security Act or recipients of medical benefits prescribed in subparagraph 3 of the same paragraph, the amount of money may be reduced or exempted. <Amended by Presidential Decree No. 20679, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 26683, Nov. 30, 2015>
| Article 44 (Subsidization of Costs) |
| (1) | The State or local governments shall subsidize part of costs for installation and operation of welfare facilities for persons with disabilities each year within budgetary limits under Article 81 of the Act. In such cases, the rate of subsidization of costs for operation of welfare facilities for persons with disabilities shall be governed by the Enforcement Decree of the Subsidy Management Act. <Amended by Presidential Decree No. 23264, Oct. 26, 2011> |
| (2) | Where the State or a local government subsidizes costs incurred in the operation of welfare facilities for persons with disabilities under paragraph (1), it may provide subsidies discriminatively in consideration of the results of operation of the relevant welfare facilities for persons with disabilities, such as the results of evaluation of facilities under Article 43-2 of the Social Welfare Services Act. <Amended by Presidential Decree No. 24020, Aug. 3, 2012> |
| Article 45 Deleted. <by Presidential Decree No. 23986, Jul. 24, 2012> |
| Article 45-2 (Management of Sensitive Information and Personally Identifiable Information) |
| (1) | The State, local governments (if the relevant authority is delegated or entrusted, including those to whom such authority is delegated or entrusted) or the National Pension Service established under Article 24 of the National Pension Act (limited to administrative affairs falling under subparagraph 1) may, upon determining that it is essential to conduct the following administrative affairs, handle information on health mentioned in Article 23 of the Personal Information Protection Act or materials including resident registration numbers, passport numbers, driver's license numbers or foreigner registration numbers prescribed in Article 19 of the Enforcement Decree of the same Act: <Amended by Presidential Decree No. 23986, Jul. 24, 2012; Presidential Decree No. 25701, Nov. 4, 2014; Presidential Decree No. 27733, Dec. 30, 2016; Presidential Decree No. 27960, Mar. 27, 2017> |
| 1. | Administrative affairs concerning registration, etc. of persons with disabilities under Article 32 of the Act; |
| 1-2. | Administrative affairs concerning measures such as rehabilitation counselling under Article 34 of the Act; |
| 1-4. | Administrative affairs concerning payment of educational expenses for children under Article 38 of the Act; |
| 2. | Administrative affairs concerning issuance of mark of cars, etc. used by persons with disabilities under Article 39 of the Act; |
| 4. | Administrative affairs concerning payment of allowance for children with disabilities and guardian's allowance under Article 50 of the Act; |
| 4-2. | Administrative affairs concerning employment restrictions, etc., for sex offenders under Article 59-3 of the Act; |
| 4-3. | Administrative affairs concerning prevention of abuse of persons with disabilities under Article 59-9 of the Act; |
| 5. | Administrative affairs concerning delivery, lending, repairing and payment of costs of disability aids under Article 66 of the Act; |
| 6. | Administrative affairs concerning job-placement business for persons with disabilities mentioned in Article 13-2; |
| 7. | Administrative affairs concerning reduction and exemption of use fees under Article 17. |
| (2) | The Minister of Health and Welfare or the national examination management institution may, upon determining that it is essential to conduct the following administrative affairs, handle materials including information on health mentioned in Article 23 of the Personal Information Protection Act, information falling into criminal records mentioned in subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, resident registration numbers or foreigner registration numbers mentioned in subparagraph 1 or 4 of Article 19 of the same Decree: <Amended by Presidential Decree No. 23986, Jul. 24, 2012> |
| 1. | Administrative affairs concerning the delivery of certificates of qualification of prosthetist/orthotist under Article 72 of the Act and certificates of qualification of speech-language pathologists under Article 72-2 of the Act; |
| 2. | Administrative affairs concerning the management of national examinations under Article 73 of the Act; |
| 3. | Administrative affairs concerning the confirmation of qualification for applying for national examinations under Article 74 of the Act. |
[This Article Added by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 45-3 (Re-Examination of Regulation) |
The Minister of Health and Welfare shall examine the appropriateness of the following matters every two years based on the following base dates (referring to the period that ends on the date preceding every second anniversary) and take measures for improvement, etc.: <Amended by Presidential Decree No. 27427, Aug. 2, 2016>
| 1. | The scope of broadcast programs including Korean sign language, closed captioning or screen readers prescribed in Article 14: January 1, 2015; |
| 2. | Standards for qualification of counselors for welfare of persons with disabilities prescribed in Article 21 (1): January 1, 2015; |
| 3. | Guidelines for imposition of administrative fines prescribed in Article 46 and Appendix 5: January 1, 2015. |
[This Article Added by Presidential Decree No. 25840, Dec. 9, 2014]
| Article 46 (Guidelines for Imposition of Administrative Fines) |
Guidelines for imposition of administrative fines mentioned in Article 90 of the Act are as shown in Appendix 5. [This Article Wholly Amended by Presidential Decree No. 23986, Jul. 24, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
Article 3 (Relation with other Acts)
Any citation of the former Enforcement Decree of the Act on Welfare of Persons with Disabilities or of any provision thereof, in any statute as at the time this Decree enters into force, shall be deemed a citation of this Decree or of the relevant provision of this Decree in lieu of the former provisions, if such relevant provisions exist herein.
ADDENDA <Presidential Decree No. 20679, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 21214, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 21641, Jul. 27, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 31, 2009: (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDUM <Presidential Decree No. 21955, Dec. 31, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22075, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010: (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23049, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 5, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 23681, Mar. 26, 2012>
This Decree shall enter into force on March 31, 2012.
ADDENDA <Presidential Decree No. 23759, May 1, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: (Proviso Omitted.)
Article 2 (Applicability to Public Announcement of Examinations)
The matters amending the deadline for public announcement of examinations, etc. in this Decree shall apply starting from examinations given after January 1, 2013.
ADDENDUM <Presidential Decree No. 23945, Jul. 10, 2012>
This Decree shall enter into force on July 27, 2012.
ADDENDA <Presidential Decree No. 23986, Jul. 24, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 27, 2012: Provided, That the amended provisions of Articles 37, 38 and 45-2 (2) and Appendix 4 shall enter into force on August 5, 2012. Article 2 (Applicability to Payment of Disability Allowance, etc.)
The amended provisions of Article 32 (1) shall apply starting from requests for payment of disability allowance, etc. made after July 16, 2012.
ADDENDA <Presidential Decree No. 24020, Aug. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 5, 2012: (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 24513, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 23, 2013.
Article 2 (Applicability to Stores in Public Facilities)
The amended provisions of Article 27 (1) shall apply also to applications filed by persons with disabilities for permission for use or profit-making for the purpose of installation and operation of stores in public facilities under the jurisdiction of the State, etc. at the time this Decree enters into force.
ADDENDA <Presidential Decree No. 25435, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25701, Nov. 4, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 13 shall enter into force six months after its promulgation.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended parts of Presidential Decrees which have been promulgated before this Decree enters into force but of which enforcement date have yet to arrive among the Presidential Decrees amended under Article 5 of the Addenda shall enter into force on the respective enforcement dates of the relevant Presidential Decrees.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 26718, Dec. 15, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Article 2 (Transitional Measures concerning Incompetents, etc.)
Persons under adult guardianship, limited guardianship, or specific guardianship under the amended provisions of Article 32 (2) 1 shall be considered to include persons for whom the validity of the sentence of incompetents or quasi-incompetents is maintained under Article 2 of the Addenda of the partially amended Civil Act (Act No. 10429).
ADDENDA <Presidential Decree No. 26742, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27276, Jun. 28, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 30, 2016: Provided, That the amended provisions of subparagraph 5 of Article 28 and subparagraph 2 (h) of Appendix 5 (limited to parts concerning institutions for protection of rights and interest of persons with disabilities) shall enter into force on January 1, 2017 and the amended provisions of subparagraph 6 of Article 28 shall enter into force on January 1, 2019. Article 2 (Applicability to Provision of Convenience to Applicants with Disabilities)
The amended provisions of Article 28 shall apply starting from the first examination publicly announced after the enforcement dates classified in the below: | 1. | In cases falling under any of subparagraphs 1 through 4 of Article 28: June 30, 2016; |
| 2. | In cases falling under subparagraph 5 of Article 28: January 1, 2017; |
| 3. | In cases falling under subparagraph 6 of Article 28: January 1, 2019. |
ADDENDA <Presidential Decree No. 27427, Aug. 2, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 4, 2016.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 27598, Nov. 22, 2016>
This Decree shall enter into force on November 30, 2016.
ADDENDA <Presidential Decree No. 27733, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of Article 21 (1) and subparagraph 1 of Appendix 5 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Employment of Counselors for Welfare of Persons with Disabilities)
Notwithstanding the amended provisions of Article 21 (1), the former provisions shall apply to employment of counselors for welfare of persons with disabilities for which employment examinations have been publicly announced before the enforcement date mentioned in the proviso to Article 1 of the Addenda.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28207, Jul. 24, 2017>
This Decree shall enter into force on August 9 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Presidential Decrees which were promulgated before this Decree enters into force but the enforcement dates of which have not arrived yet among the Presidential Decrees amended pursuant to Article 8 of the Addenda shall respectively enter into force on the enforcement dates of such Presidential Decrees.
Articles 2 through 8 Omitted.