ENFORCEMENT DECREE OF THE ACT ON THE EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION OF PERSONS WITH DISABILITIES
Wholly Amended by Presidential Decree No. 20308, Oct. 4, 2007
Amended by Presidential Decree No. 20522, Jan. 3, 2008
Presidential Decree No. 20681, Feb. 29, 2008
Presidential Decree No. 21717, Sep. 8, 2009
Presidential Decree No. 21928, Dec. 30, 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. 22493, Nov. 15, 2010
Presidential Decree No. 22709, Mar. 15, 2011
Presidential Decree No. 22800, Mar. 30, 2011
Presidential Decree No. 23254, Oct. 26, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24284, Dec. 28, 2012
Presidential Decree No. 24614, jun. 17, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25435, jun. 30, 2014
Presidential Decree No. 25809, Dec. 3, 2014
Presidential Decree No. 27249, jun. 21, 2016
Presidential Decree No. 27427, Aug. 2, 2016
Presidential Decree No. 27445, Aug. 11, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28163, jun. 27, 2017
Presidential Decree No. 28369, Oct. 17, 2017
| Article 3 (Criteria for Qualifying as Person with Disabilities) |
| (1) | Person with disabilities referred to in subparagraph 1 of Article 2 of the Act shall be any of the following persons: <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 28163, Jun. 27, 2017> |
| (2) | The Minister of Employment and Labor may ascertain whether a person falls under any subparagraph of paragraph (1) with any of the following data: <Newly Inserted by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 27249, Jun. 21, 2016; Presidential Decree No. 28163, Jun. 27, 2017> |
| 2-2. | A certificate for a person eligible for veteran’s compensation under the former part of Article 86 (1) of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation or documents evidencing that the relevant person is eligible for veteran’s compensation under paragraph (2) of the same Article; |
| Article 4 (Criteria for Being Person with Severe Disabilities) |
| (1) | Person with severe disabilities under subparagraph 2 of Article 2 of the Act shall be any of the following persons: <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25435, Jun. 30, 2014; Presidential Decree No. 28163, Jun. 27, 2017> |
| 1. | A person whose degree of disability is higher than that prescribed by Ordinance of the Ministry of Employment and Labor among persons with disabilities meeting the criteria for being a person with disabilities under Article 2 of the Enforcement Degree of the Act on Welfare of Persons with Disabilities; |
| 2. | A person whose degree of disability is one degree lower than that under subparagraph 1 among persons meeting the criteria for being a person with disabilities under Article 2 of the Enforcement Degree of the Act on Welfare of Persons with Disabilities, who has an encephalopathy, visual impairment, intellectual disability, autistic disorder, mental disorder, cardiac lesion, respiratory disorder, epilepsy, or upper limb disability; |
| (2) | The Minister of Employment and Labor may ascertain whether a person falls under any subparagraph of paragraph (1) with any of the following data: <Newly Inserted by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 27249, Jun. 21, 2016; Presidential Decree No. 28163, Jun. 27, 2017> |
| 2-2. | A certificate for a person eligible for veteran’s compensation under the former part of Article 86 (1) of the Enforcement Decree of the Act on Support for Persons Eligible for Veteran’s Compensation or documents evidencing that the holder is eligible for veteran’s compensation; |
| Article 5 (Employees Excluded from Application) |
“Any person whose fixed working hours fall short of the working hours set by Presidential Decree” under the proviso to subparagraph 5 of Article 2 of the Act means a person whose predetermined working hours in a month are less than 60 hours.
| Articles 6 through 14 Deleted. <by Presidential Decree No. 21962, Dec. 31, 2009> |
| Article 15 (Support for Vocational Guidance for Persons with Disabilities) |
| (1) | Where the Minister of Employment and Labor or the Minister of Health and Welfare provides vocational guidance, such as vocational counselling services, vocational aptitude tests, occupational capacity evaluation, etc. to persons with disabilities pursuant to Article 10 (1) of the Act, he/she shall notify the persons with disabilities of matters necessary for employment and vocational rehabilitation according to their type and level of disabilities. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Where the Minister of Employment and Labor lends or supports necessary expenses to persons who provide or intend to provide vocational guidance pursuant to Article 10 (4) of the Act, he/she shall consider the following matters and determine and publicly announce the standards in consultation with the Minister of Health and Welfare: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Results of implemented projects; |
| 2. | Current state of facilities and equipment in possession; |
| 3. | Personnel in charge of projects; |
| 4. | Convenience for persons with disabilities in using the facility; |
| 5. | Demand for vocational guidance by type of disabilities, etc. |
| Article 16 (Support for Persons with Disabilities with Vocational Adaptation Training) |
| (2) | The Minister of Employment and Labor shall, in consultation with the Minister of Health and Welfare, determine and publicly announce the curricula, standards for facilities and equipment, etc. of vocational adaptation training under paragraph (1) in consideration of the level of adaptability necessary for working life based on the personal ability of persons with disabilities who wish to find employment. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Where the Minister of Employment and Labor or the Minister of Health and Welfare lends or supports necessary expenses to persons who intend to establish and operate a facility or training program for vocational adaptation pursuant to Article 11 (3) of the Act, the standards shall be determined and publicly announced by the Minister of Employment and Labor in consultation with the Minister of Health and Welfare in consideration of the following matters: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 2. | Status of training facility, equipment, instructors, etc.; |
| 3. | Training records, etc. |
| Article 17 (Promotion of Occupational Ability Development Training for Persons with Disabilities) |
| (1) | The Minister of Employment and Labor may preferentially implement occupational ability development training programs for persons with disabilities with regard to the occupational categories deemed to be requiring employment promotion and vocational rehabilitation for persons with disabilities under Article 12 (1) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Matters concerning granting a loan or subsidy for training expenses and subsidy for training allowances under Article 12 (2) and (3) of the Act shall be determined and publicly notified by the Minister of Employment and Labor in consideration of the details, level, etc. of loan and subsidy under the Act on the Development of Vocational Skills of Workers. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> |
| Article 18 (Implementation of and Support for Supportive Employment) |
The following shall be the details of support necessary for implementing supportive employment under Article 13 of the Act, and the detailed standards thereof shall be determined and publicly notified by the Minister of Employment and Labor in consultation with the Minister of Health and Welfare: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> | 1. | Training allowances for trainees; |
| 2. | Subsidies for business owners; |
| 3. | Service allowances for occupational instructors who are placed in the workplaces. |
| Article 19 (Support for Job Placement) |
| (1) | Where a job placement agency constructs an electronic job placement network pursuant to Article 15 (4) of the Act, the Minister of Employment and Labor may lend the job placement agency money to cover expenses for the construction or support the job placement agency with the expenses; and where an entity conducting free job placement services pursuant to Article 18 of the Employment Security Act arranges employment of a person with disabilities in a workplace and the person works therein for a specified period of time or more, the Minister of Employment and Labor may pay necessary subsidies to the entity. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Where the Minister of Employment and Labor lends a job placement agency money to cover expenses for the construction of an electronic job placement network or support the job placement agency with the expenses pursuant to paragraph (1), he/she shall determine and publicly announce criteria for support in consideration of the following matters: <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Ability of the job placement agency to exchange information on personnel recruitment and job search with the Korea Employment Agency for the Disabled (hereinafter referred to as “Agency”) under Article 43 of the Act; |
| 2. | Convenience in using the relevant agency as perceived by persons with disabilities seeking job opportunities. |
| Article 20 (Support for Adaptation Guidance after Employment) |
In order to help persons with disabilities smoothly adapt to the working environment of the workplace they are employed in pursuant to Article 19 (1) of the Act, the Minister of Employment and Labor and the Minister of Health and Welfare may instruct the following matters, and details thereof shall be determined by the Minister of Employment and Labor in consultation with the Minister of Health and Welfare: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 27427, Aug. 2, 2016; Presidential Decree No. 28163, Jun. 27, 2017> | 1. | Visit to the workplace and ascertainment of working environment; |
| 2. | Hearing difficulties of persons with disabilities and counselling for them; |
| 3. | Support for placing, etc. of a Korean sign language interpreter, etc. |
| Article 20-2 (Selection, etc. of Persons Eligible for Helper Service) |
| (1) | The service under Article 19-2 (1) of the Act (hereinafter referred to as “helper service”) shall be provided to employees with severe disabilities who experience difficulties in implementing duties due to their disabilities even though they have the ability to perform duties, and the following employees with severe disabilities shall be given preferential treatment: |
| 1. | An employee with severe disabilities whose disability level is comparatively higher than that of others; |
| 2. | A female employee with severe disabilities; |
| (2) | An employee with severe disabilities who intends to receive helper service shall file an application with the Minister of Employment and Labor as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (3) | In receipt of an application under paragraph (2), the Minister of Employment and Labor shall evaluate the details of duties, job skills, etc. of the employee with severe disabilities and provide the employee with helper service during the hours determined by the Minister of Employment and Labor within budgetary limit, and may have the employee with severe disabilities partially bear the required expenses. <Amended by Presidential Decree No. 24614, Jun. 17, 2013> |
| (4) | Where an employee with severe disabilities selected as a person eligible for helper service falls under any of the following, the Minister of Employment and Labor may revoke the selection as a person eligible for helper service and suspend helper service: Provided, That where he/she falls under subparagraph 1, the Minister of Employment and Labor must revoke the selection and suspend helper service: |
| 1. | Where he/she is selected as a person eligible for helper service using deceptive or fraudulent means; |
| 2. | Where he/she uses the helper service provided to him/her for a purpose other than the original purpose; |
| 3. | Where he/she refuses to bear expenses under paragraph (3); |
| 4. | Where he/she who is no longer provided with helper service needs helper service due to changes in circumstances, such as change of workplace, dismissal, change in duties, etc. |
| (5) | In addition to the matters provided for in this Decree, matters necessary for providing helper service, such as procedures for selecting persons eligible for helper service, etc., shall be determined by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 22709, Mar. 15, 2011]
| Article 21 (Criteria for Support for Business Owners, etc. Employing Persons with Disabilities) |
| (1) | Where the Minister of Employment and Labor determines whether to grant a loan or give support to a business owner who employs or intends to employ persons with disabilities, or a business owner who establishes and operates or intends to establish and operate a standard workplace for persons with disabilities pursuant to Articles 21 (1) and 22 of the Act, and the size of the loan or support, etc., he/she shall consider the following: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23254, Oct. 26, 2011> |
| 1. | Rate of employment of persons with disabilities; |
| 2. | Whether persons with disabilities can be employed; |
| 3. | Feasibility of the details of an application for loan or support; |
| 4. | Ability to repay a loan; |
| 5. | Deleted. <by Presidential Decree No. 23254, Oct. 26, 2011> |
| (2) | The business owner who is eligible to be supported with assistive engineering instruments, equipment, etc. pursuant to Article 21 (2) of the Act shall be a business owner who is a person with disabilities and does not employ any employee but intends to employ employees with disabilities, or employs up to four employees, some of whom are persons with disabilities at the time of filing an application for support. <Newly Inserted by Presidential Decree No. 23254, Oct. 26, 2011> |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), matters necessary for procedures for loan and support for business owners, etc. employing persons with disabilities shall be determined by the Minister of Employment and Labor. <Newly Inserted by Presidential Decree No. 23254, Oct. 26, 2011> |
| Article 21-2 (Criteria for Control over Standardized Workplaces for Persons with disabilities) |
“Where a business owner has substantial control over a standardized workplace for persons with disabilities according to standards prescribed by Presidential Decree” under Article 22 (3) of the Act means where the business owner possesses in excess of 50/100 of the total number of issued shares or total investment in the relevant standardized workplace for persons with disabilities. [This Article Newly Inserted by Presidential Decree No. 20522, Jan. 3, 2008]
| Article 21-3 Deleted. <by Presidential Decree No. 24614, Jun. 17, 2013> |
| Article 21-4 (Disclosure of Criteria for Support for Standardized Workplaces for Persons with Disabilities) |
A business owner who intends to support a standardized workplace for persons with disabilities pursuant to Article 22-2 of the Act shall disclose reasonable standards for giving support to the relevant standardized workplace for persons with disabilities, such as workplace eligibility for support, methods of support, etc. in the media, such as a newspaper, broadcasting, etc., or on the website, etc. [This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013]
| Article 21-5 (Submission of Plans, etc. to Purchase Products from Standardized Workplaces for Persons with Disabilities) |
| (2) | Pursuant to Article 22-3 (6) of the Act, the Minister of Employment and Labor shall aggregate the records of purchases in the previous year and purchase plans for the year submitted by public institutions and post them on the website of the Ministry of Employment and Labor by April 30 of each year. <Newly Inserted by Presidential Decree No. 28163, Jun. 27, 2017> |
| (3) | Matters necessary to submit a plan to purchase products of a standardized workplace for persons with disabilities and record of purchases under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013]
| Article 22 (Selection of Business Owners Excellent in Employing Persons with Disabilities and Preferential Treatment thereto) |
| (1) | Where the Minister of Employment and Labor sees the need to select business owners excellent in employing persons with disabilities under Article 24 (1) of the Act, he/she may request the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayor, Do Governors or Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) to recommend such owners. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28369, Oct. 17, 2017> |
| (2) | The Minister of Employment and Labor shall determine and publicly announce the criteria for selecting a business owner excellent in employing persons with disabilities and for preferential treatment thereto under Article 24 (2) of the Act based upon the number of persons with disabilities employed by the business owner, size of business, etc. In such cases, weight may be placed on the number of persons with severe disabilities and female persons with disabilities. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 22-2 (Holding of Skills Competitions for Persons with Disabilities) |
| (1) | Unless any extenuating circumstances exist, the Minister of Employment and Labor shall, each year, hold a skills competition for persons with disabilities on a nationwide basis (hereinafter referred to as “nationwide skills competition for persons with disabilities”) pursuant to Article 26-2 (1) of the Act. |
| (2) | Unless any extenuating circumstances exist, Mayors/Do Governors shall, each year, hold a skills competition for persons with disabilities on an area-wide basis (hereinafter referred to as “local skills competition for persons with disabilities”) in each Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do or Special Self-Governing City (hereinafter referred to as “City/ Do”) pursuant to Article 26-2 of the Act, but may separately hold a skills competition for persons with developmental disabilities under subparagraph 1 of Article 2 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities (hereinafter referred to as “skills competition for persons with developmental disabilities”). |
| (3) | Where a Mayor/Do Governor is unable to hold a local skills competition for persons with disabilities or a skills competition for persons with developmental disabilities due to extenuating circumstances, the Minister of Employment and Labor may hold a local skills competition for persons with disabilities or a skills competition for persons with developmental disabilities on an area-wide basis in such City or Do. |
| (4) | In order to smoothly hold a skills competition for persons with disabilities, the Minister of Employment and Labor may have consultation with Mayors/Do Governors beforehand: |
| 1. | Date or place of a nationwide skills competition for persons with disabilities; |
| 2. | Whether Cities or Dos hold a local skills competition for persons with disabilities or a skills competition for persons with developmental disabilities, and date of the competition; |
| 3. | Other matters necessary for efficiently holding a skills competition for persons with disabilities. |
| (5) | By two months before the scheduled date of a skills competition for persons with disabilities, the Minister of Employment and Labor or Mayors/Do Governors shall publicly announce matters necessary for holding a competition, such as the place and date of competition, occupational categories for competition, qualification for participation, etc. |
| (6) | In addition to the matters provided for in paragraphs (1) through (5), the Minister of Employment and Labor or Mayors/Do Governors shall determine and publicly notify matters necessary for holding a skills competition for persons with disabilities, such as place, date, competition categories, qualification for participation in the competition, etc. |
[This Article Newly Inserted by Presidential Decree No. 28369, Oct. 17, 2017]
| Article 22-3 (Qualification for Participation in Competitions and Application for Participation) |
| (1) | Persons with disabilities under Article 3 who are at least 15 years of age as at the date on which a skills competition for persons with disabilities is held shall be qualified to participate in the competition. |
| (2) | Persons who meet the criteria determined and publicly notified by the Minister of Employment and Labor among persons who have won a prize at a local skills competition for persons with disabilities or a skills competition for persons with developmental disabilities shall be qualified to participate in a nationwide skills competition in the same competition category. |
| (3) | Notwithstanding paragraphs (1) and (2), any of the following persons shall not be qualified to participate in a skills competition for persons with disabilities: |
| 1. | A person who has won a prize at the International Abilympics or a nationwide skills competition for persons with disabilities in the same competition category; |
| 2. | A person for whom three years have not passed since the year proceeding the year in which he/she cheated in a skills competition of persons with disabilities. |
| (4) | A person who wishes to participate in a skills competition for persons with disabilities shall file a written application with the Minister of Employment and Labor or a Mayor/Do Governor (including one in electronic format; hereinafter the same shall apply), as prescribed by Ordinance of the Ministry of Employment and Labor or Mayor/Do Governor. |
[This Article Newly Inserted by Presidential Decree No. 28369, Oct. 17, 2017]
| Article 22-4 (Criteria, etc. for Selection of Participants in International Abilympics) |
| (1) | Pursuant to Article 26-3 (1) of the Act, the Minister of Employment and Labor shall select participants in the International Abilympics through a selecting contest held by the Minister of Employment and Labor from among winners at a nationwide skills competition for persons with disabilities: Provided, That where selecting participants from among winners at a nationwide skills competition for persons with disabilities is difficult as new competition categories are added to the competition or due to other reasons, the Minister of Employment and Labor may hold a selection contest from among persons (excluding those persons who fall under Article 22-3 (3) 2) who meet the criteria determined and publicly announced by the Minister of Employment and Labor. |
| (2) | A person who wishes to participate in a selection contest under paragraph (1) shall file a written application with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), matters necessary for selecting participants in the International Abilympics, for holding a selection contest, etc. shall be determined and publicly announced by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 28369, Oct. 17, 2017]
| Article 22-5 (Reward and Cash Prize) |
| (1) | The Minister of Employment and Labor or Mayors/Do Governors may award a prize of gold, silver or bronze to persons who achieve excellent results at a skills competition of persons with disabilities. |
| (2) | Persons who win a prize at a nationwide skills competition of persons with disabilities or at the International Abilympics may be awarded a decoration or citation, as prescribed by the Awards and Decorations Act or the Regulations on Government Citations. |
| (3) | The Minister of Employment and Labor or Mayors/Do Governors may award cash prizes to persons who win at a skills competition of persons with disabilities or at the International Abilympics. |
| (4) | The Minister of Employment and Labor or Mayors/Do Governors may cancel the award for a winner who cheats in a competition, and restrict paying a cash prize to a person who falls under the requirements determined and publicly announced by the Minister of Employment and Labor or Mayors/Do Governors, such as those persons who win a cash prize by cheating in a competition or by using deceptive or fraudulent means, or order him/her to return the cash prize already paid. |
| (5) | The criteria for paying a cash prize, such as types of cash prizes, eligibility, amount of cash prize, etc. under paragraph (3) and matters necessary for cancelling the award for a winner, restrictions on paying cash prizes, ordering to return cash prizes, etc. shall be determined and publicly announced by the Minister of Employment and Labor or Mayors/Do Governors. |
[This Article Newly Inserted by Presidential Decree No. 28369, Oct. 17, 2017]
| Article 23 (Submission of Plans, etc. to Employ Public Officials with Disabilities) |
| (1) | “The heads of State agencies determined by Presidential Decree” under Article 27 (6) 1 of the Act means the heads of State agencies in the following: |
| 1. | The Secretary General of the National Assembly, the Minister of the National Court Administration, the Secretary General of the Constitutional Court, and the Secretary General of the National Election Commission; |
| (2) | The heads of agencies under the subparagraphs of Article 27 (6) of the Act shall submit the status of implementing a plan to employ public officials with disabilities in the previous year and an employment plan for the year by January 31 of each year, and the status of implementing a plan to employ public officials with disabilities in the first half of the year by July 31. |
[This Article Wholly Amended by Presidential Decree No. 24614, Jun. 17, 2013]
| Article 24 (Calculation, etc. of Value of Construction Work Performed) |
| (2) | A number (figures below decimal point shall be rounded down) calculated according to the following formula shall be the total number of employees in a construction business under Article 28 (1) of the Act, if the counting of which is difficult: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
Value of construction work performed under paragraph (1)
━━━━━━━━━━━━━━━━━━━━━━━━━━━ Ｘ 50 persons
Value determined and publicly announced by the Minister of
Employment and Labor pursuant to Article 28 (1) of the Act
|
|
| (3) | In applying Article 28 (1) of the Act, the number of regularly employed employees shall be calculated by dividing the aggregate of employees employed for at least 16 days (referring to cases in which the days being the basis for the payment of wages are at least 16 days) in each month of the relevant year by the number of months in operation (the month in which the number of days in operation is less than 16 days shall not be included in the number of months in operation) during the year. In such cases, with regard to a business managing multi-family housing under the Multi-Family Housing Management Act, the number of regularly employed employees in each workplace shall be counted. <Amended by Presidential Decree No. 27445, Aug. 11, 2016> |
| Article 25 (Statutory Employment Rate of Business Owners) |
The statutory rate of employment of regular workforce with disabilities for a business owner who has an obligation to employ persons with disabilities pursuant to Article 28 (1) of the Act shall be as listed hereunder: Provided, That where a business owner directly establishes and operates a vocational rehabilitation facility for persons with disabilities under Article 9 (2) 3 of the Act, employees with disabilities working in such facility shall be included in the number of persons with disabilities whom the business owner has to employ: <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 25809, Dec. 3, 2014> | 1. | Between January 1, 2015 and December 31, 2016: 27/1000; |
| 2. | Between January 1, 2017 and December 31, 2018: 29/1000; |
| 3. | From the year 2019 and onwards: 31/1000. |
| Article 26 (Rate, etc. of Employment of Persons with Specific Disabilities) |
The job categories deemed fit for persons with specific disabilities, scope of persons with specific disabilities corresponding thereto and rate of employment under Article 28 (2) of the Act shall be as listed in the attached Table 1.
| Article 26-2 (Persons with Severe Disabilities Excluded from Exceptions to Calculation of Number of Employees with Disabilities) |
“Those persons with severe disabilities whose prescribed working hours are less than those determined by Presidential Decree” under the proviso to Article 28-3 of the Act means persons with severe disabilities the number of prescribed working hours for whom is less than 60 hours. [This Article Newly Inserted by Presidential Decree No. 21962, Dec. 31, 2009]
| Article 27 (Submission of Plans, etc. to Employ Persons with Disabilities) |
Pursuant to Article 29 (1) of the Act, the Minister of Employment and Labor may have business owners having an obligation to employ persons with disabilities under Article 28 (1) of the Act submit the status of implementing a plan to employ persons with disabilities in the previous year and an employment plan for the year by January 31 of each year, and the status of implementing a plan to employ persons with disabilities in the first half of the year by July 31 respectively as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23254, Oct. 26, 2011> [This Article Wholly Amended by Presidential Decree No. 20522, Jan. 3, 2008]
| Article 28 (Payment of Employment Incentives) |
Business owners who intend to receive an employment incentive pursuant to Article 30 (1) of the Act shall apply for payment to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 29 (Restrictions on Payment of Employment Incentives) |
Where an employee with disabilities employed by a business owner becomes eligible for an incentive or subsidy under any of the following Acts, as prescribed in Article 30 (4) of the Act, and receives an incentive or subsidy, the incentive under this Act shall not be paid to him/her while abovementioned incentive or subsidy is paid to him/her: <Amended by Presidential Decree No. 21962, Dec. 31, 2009>
| Article 30 (Order, etc. to Return Undue Benefits and to Pay Additional Charges) |
| (1) | Where the Minister of Employment and Labor decides to collect an employment incentive or additional charge pursuant to Article 31 (1) of the Act, he/she shall, without delay, notify the person having an obligation to pay it. |
| (2) | A person who is notified as prescribed in paragraph (1) shall pay it within 30 days from the date of such notification. |
| Article 31 (Report, etc. on Illegal Receivers of Employment Incentives) |
| (1) | A person who intends to report on persons who receive an employment incentive using deceptive or fraudulent means (hereinafter referred to as “illegal receiver”) pursuant to Article 32 of the Act shall file a report with a local employment and labor office or the Agency. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | An investigative agency in receipt of an accusation on an illegal recipient of an employment incentive pursuant to Article 32 of the Act shall, without delay, notify the Agency of such fact. |
| (3) | Where a person who reports or accuses an illegal recipient of an employment incentive pursuant to Article 32 of the Act intends to receive a reward under the same Article (hereinafter referred to as “reward”) shall file an application for the payment of a reward with the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 32 (Criteria for Payment of Rewards) |
A reward shall be paid by the Minister of Employment and Labor according to the following criteria, which is limited to 10 million won. In such cases, payment for an amount of less than 1,000 won among the calculated reward shall not be made: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Where the employment incentive that has been received using deceptive or fraudulent means (hereafter in this Article referred to as “illegally received amount”) is at least 100 million won: Six million won + (the illegally received amount exceeding 100 million won X 3/100); |
| 2. | Where the illegally received amount is at least 20 million won but less than 100 million won: Two million won + (the illegally received amount exceeding 20 million won X 5/100); |
| 3. | Where the illegally received amount is less than 20 million won: The illegally received amount X 10/100. |
| Article 33 (Deadline for Report or Accusation) |
A reward shall be paid only where a report or accusation is made within three years from the date an employment incentive is illegally received by an illegal recipient.
| Article 34 (Methods of Paying Rewards when Reports or Accusations Overlap) |
| (1) | Where two or more persons report on or accuse the same illegal receipt of an employment incentive, such shall be deemed one report or accusation in calculating the amount of reward. |
| (2) | In cases falling under paragraph (1), the reward shall be paid to the reporters or accusers after dividing it properly between them in consideration of the degree of contribution to the discovery of illegal receipt, etc.; where persons to receive a reward have beforehand agreed to a distribution method and file for the payment of a reward, the reward shall be paid according to such agreed distribution method. |
| Article 35 (Time to Pay Reward) |
A reward shall be paid after the period to raise an objection against the collection of undue benefits (including additional collection; hereafter the same shall apply in this Article) expires after notification thereof is made to an illegal recipient pursuant to Article 31 (1) of the Act or after an administrative action to collect undue benefits is determined after the objection process is finished.
| Article 36 (Payment, etc. of Contributory Charges for Failing to Achieve Mandatory Rate of Employment of Persons with Disabilities) |
| (1) | Pursuant to Article 33 (1) and (5) of the Act, a business owner shall declare a contributory charge for failing to achieve the mandatory rate of employment of persons with disabilities (hereinafter referred to as “contributory charge”) for the year in a report specifying the following and pay it to the Minister of Employment and Labor: <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Name of the business owner and name and address of the workplace; |
| 2. | Number of employees and number of employees with disabilities employed for at least 16 days in each month of the year (where business began in the middle of the year, referring to each month after the month proceeding the month in which the business began; where business is closed in the middle of the year, referring to each month prior to the month in which the business closed); |
| 3. | Amount of contributory charges for the year and monthly details (where there is no contributory charge to pay, to specify that there is none); |
| 4. | Other matters determined by the Minister of Employment and Labor. |
| (2) | The report under paragraph (1) shall be accompanied by documents evidencing that employees with disabilities employed on a regular basis meet the criteria for being a person with disabilities under this Decree. |
| (3) | Where the Minister of Employment and Labor collects contributory charges pursuant to Article 33 (6) and (7) of the Act, he/she shall give persons to pay the contributory charges a deadline of at least ten days. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> |
| (4) | A business owner who intends to file a revised declaration and pay the difference between the previously paid amount and the revised amount pursuant to Article 33 (8) of the Act shall submit a revised declaration accompanied by data evidencing the reason for revised declaration to the Minister of Employment and Labor. <Newly Inserted by Presidential Decree No. 28163, Jun. 27, 2017> |
| Article 37 (Refund of Contributory Charges) |
| (1) | Where the amount of a contributory charge that a business owner has paid exceeds the amount payable by him/her, the Minister of Employment and Labor shall, without delay, determine the excess amount as a refund of overpaid contributory charge pursuant to Article 33 (9) of the Act and notify the relevant business owner thereof, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | Where the Minister of Employment and Labor notifies a business owner of a refund of overpaid contributory charge pursuant to paragraph (1), he/she shall determine an additional refund and also notify the business owner thereof, which is obtained by aggregating the refund of overpaid contributory charge and an amount obtained by multiplying the number of days between the date proceeding the date listed hereunder and the date on which the refund is made and the interest rate on additional refund of national tax under Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes: |
| 1. | Where a refund is to be made for a wrong payment, such as erroneous or double payment, etc., is verified: Date on which payment was made: Provided, That where two or more installment payments have been made, the date of payment listed hereunder: |
| (a) | Where the amount of refund of contributory charge is equal to or less than the amount paid in the last installment payment: The day on which the last installment payment was made; |
| (b) | Where the amount of refund of contributory charge is more than the last installment payment: The day on which the amount of installment payments aggregated retroactively from the last installment payment corresponds to cases falling under item (a); |
| 2. | Where a refund is to be made for a reason other than those under subparagraph 1, such as determination of abatement of contributory charges, etc.: The day on which the refund is determined. |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), matters necessary for paying the refund of charge and additional refund may be determined and publicly announced by the Minister of Employment and Labor. |
[This Article Wholly Amended by Presidential Decree No. 28163, Jun. 27, 2017]
| Article 38 (Installment Payment of Contributory Charges) |
| (1) | Installment payment of a contributory charge under Article 33 (10) of the Act shall be allowed only where the amount of contributory charge for the year is at least one million won. <Amended by Presidential Decree No. 28163, Jun. 27, 2017> |
| (2) | Where a contributory charge is paid in installments pursuant to paragraph (1), the contributory charge shall be in four equal installments: the first installment by January 31, the second installment by April 30, the third installment by July 31, and the fourth installment by October 31, respectively. <Amended by Presidential Decree No. 23254, Oct. 26, 2011> |
| (3) | A person who intends to pay a contributory charge in installment payments pursuant to paragraphs (1) and (2) shall submit an application for installment payment prescribed by Ordinance of the Ministry of Employment and Labor to the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | “Amount prescribed by Presidential Decree” under the latter part of Article 33 (10) of the Act means 3/100 of a contributory charge. <Amended by Presidential Decree No. 28163, Jun. 27, 2017> |
| Article 38-2 (Payment of Contributory Charges, etc. by Credit Card, etc.) |
| (1) | “A credit card company, etc., permitted by Presidential Decree” under Article 33-2 (1) of the Act means the following institutions: |
| 1. | The Korea Financial Telecommunications and Clearing Institute established with permission of the Financial Services Commission pursuant to Article 32 of the Civil Act; |
| 2. | An institution designated and publicly announced by the Minister of Employment and Labor in consideration of facilities, business performance capabilities, size of capital, etc. among institutions settling payments by credit card, debit card, etc. (hereafter in this Article referred to as “credit card, etc.”) using an information and communications network. |
| (2) | Consent for fees for vicarious payment of contributory charges under Article 33-2 (3) of the Act shall be granted by the Minister of Employment and Labor in comprehensive consideration of operating expenses, etc. of the institutions under the subparagraphs of paragraph (1), and the fee shall not exceed 10/1000 of the amount of relevant payment. |
| (3) | In addition to the matters provided for in paragraphs (1) and (2), the Minister of Employment and Labor may determine and publicly announce matters necessary for paying contributory charges or other charges by credit card, etc. |
[This Article Newly Inserted by Presidential Decree No. 28163, Jun. 27, 2017]
| Article 39 (Appropriation and Refund of Erroneously Paid or Overpaid Contributory Charges, etc.) |
| (1) | “The order prescribed by Presidential Decree” under Article 34 of the Act means the following order of priority. In such cases, where two or more contributory charges or other charges in the same order of priority exist, the one with the earliest deadline shall be given priority: <Amended by Presidential Decree No. 28163, Jun. 27, 2017> |
| 4. | Contributory charges for not achieving the mandatory rate of employment of employees with disabilities under Article 33 of the Act. |
| (2) | Where a business owner is paid an employment incentive under Article 30 of the Act or a refund occurs pursuant to Article 33 (9) of the Act when he/she pays a contributory charge or other charge, he/she may request the Minister of Employment and Labor to appropriate the incentive or refund for the contributory charge or other charge pursuant to Article 34 of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> |
| (3) | Where the Minister of Employment and Labor intends to appropriate the erroneously paid or overpaid contributory charges, etc. or employment incentives for contributory charges or other charges on a preferential basis, or to return the balance pursuant to Article 34 of the Act, he/she shall notify the business owner thereof. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 40 (Collection of Overdue Charges) |
| (1) | Where a person having an obligation to pay a contributory charge pursuant to Article 35 (3) of the Act fails to pay it by the deadline, the Minister of Employment and Labor shall collect an overdue charge equal to 12/1,000 of the arrears, and additionally collect an overdue charge equal to 12/1,000 of the arrears every time one month passes after the deadline. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> |
| (2) | Where the period for which overdue charges under paragraph (1) are imposed exceeds 36 months, 36 months shall be the maximum period. |
| Article 41 (Exceptions to Collection of Surcharges and Overdue Charges) |
| (1) | Where any of the following is applicable pursuant to Article 35 (4) of the Act, a surcharge under Article 35 (1) of the Act shall not be collected: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> |
| 1. | Where the amount of surcharge is less than 3,000 won; |
| 2. | Where the Minister of Employment and Labor deems that a natural disaster arose or extenuating circumstances exist. |
| (2) | Where any of the following is applicable pursuant to Article 35 (4) of the Act, overdue charges under Article 35 (3) of the Act shall not be collected: <Amended by Presidential Decree No. 20522, Jan. 3, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28163, Jun. 27, 2017> |
| 1. | Where the amount of overdue charges is less than 3,000 won; |
| 2. | Where a person having an obligation to pay an overdue charge is urged to make payment using a public notice because his/her domicile, residence, workplace or office is unknown; |
| 4. | Where the Minister of Employment and Labor deems that a natural disaster arose or extenuating circumstances exist. |
| Article 42 (Order of Collection of Delinquent Charges) |
Where contributory charges or other charges are collected according to an administrative action to collect arrears under Article 37 (3) of the Act, Article 39 (1) shall apply mutatis mutandis to the order of collection.
| Article 43 (Request, etc. for Making Public Sale through Agent) |
| (1) | Where the Minister of Employment and Labor intends to have the Korea Asset Management Corporation vicariously make public sale of seized property pursuant to Article 37 (4) of the Act, he/she shall make a request to such sale specifying the following matters to the Korea Asset Management Corporation: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Name, domicile or residence of the defaulter; |
| 2. | Type, quantity, quality and location of property for public sale; |
| 3. | Details of contributory charges or other charges related to the seizure and deadline for payment; |
| 4. | Other matters necessary for the vicarious public sale of seized property. |
| (2) | Where the Minister of Employment and Labor requests the Korea Asset Management Corporation to vicariously make public sale pursuant to paragraph (1), he/she shall notify the following persons of such fact: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 2. | The owner of security; |
| 3. | A person who has a leasehold on a deposit basis, pledge, mortgage or other right to the property; |
| 4. | A person who keeps the seized property. |
| Article 44 (Delivery of Seized Property) |
| (1) | When the Minister of Employment and Labor requests the Korea Asset Management Corporation to vicariously make public sale of seized property pursuant to Article 43 (1), he/she may deliver the seized property occupied by the Agency or that which he/she made a third party keep to the Korea Asset Management Corporation: Provided, That as for the property that he/she made a third party keep, a deposit receipt issued by the third party may replace the delivery of the seized property. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | When the Korea Asset Management Corporation receives seized property pursuant to paragraph (1), it shall issue a certificate of delivery and receipt. |
| Article 45 (Request for Rescission of Public Sale through Agent) |
| (1) | Where the Korea Asset Management Corporation has property that has not been sold by public sale within two years from the date it received a request to vicariously make public sale, it may request the Minister of Employment and Labor to rescind the request. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | In receipt of a request for rescission under paragraph (1), the Minister of Employment and Labor shall follow the request unless any extenuating circumstances exist. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 46 (Detailed Matters concerning Public Sale through Agent) |
Matters that are necessary with regard to the public sale conducted vicariously by the Korea Asset Management Corporation pursuant to Article 37 (4) of the Act, which are not prescribed in this Decree, shall be determined by the Minister of Employment and Labor in consultation with the Korea Asset Management Corporation. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 47 (Write-off of Contributory Charges and Other Charges) |
| (1) | Where any of the following is applicable, contributory charges and other charges may be written off as prescribed in subparagraph 3 of Article 42 of the Act: <Amended by Presidential Decree No. 20522, Jan. 3, 2008> |
| 1. | Where the defaulter is unaccounted for or it is discovered that he/she has no property; |
| 2. | Where estimated value of the property subject to an administrative action to collect arrears is less than the administrative expenses to be incurred in collecting arrears, leading to suspension of the administrative action; |
| 3. | Where after the property subject to an administrative action to collect arrears is appropriated for the payment of a claim, such as a national tax, local tax, etc., that has priority over a contributory charge or other charge, and it is likely that no balance will remain thereafter, leading to suspension of the administrative action to collect arrears; |
| (2) | Where the Minister of Employment and Labor intends to perform a write-off pursuant to paragraph (1) 1, he/she shall search for and ascertain the whereabouts of the defaulter or whether the defaulter has property by inquiring of a tax office or a local government agency: Provided, That where the amount in arrears is less than 100,000 won, this shall not apply. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Where after the Minister of Employment and Labor discovers other property that can be seized after performing a write-off under paragraph (1), he/she shall revoke the write-off and again take an administrative action to collect the arrears. <Newly Inserted by Presidential Decree No. 20522, Jan. 3, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 48 (Approval to Establish Branch Offices) |
Where the Agency intends to obtain approval to establish a branch office pursuant to Article 45 (2) of the Act, it shall file an application to establish a branch office specifying the following matters with the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 3. | Reasons for establishment; |
| 4. | Date scheduled for establishment; |
| 5. | Structure of the branch office and quota of staff; |
| Article 49 (Registration of Establishment) |
| 3. | Location of main office and branch offices; |
| 5. | Names and addresses of executives; |
| 6. | Total value of property; |
| 7. | Methods of public announcement. |
| Article 50 (Registration of Establishment of Branch Offices) |
| (1) | Where the Agency establishes a branch office (including affiliated organizations under Article 55 of the Act; hereinafter the same shall apply) pursuant to Article 45 (2) of the Act, it shall register the establishment as follows: |
| 1. | At the location of main office: Name and location of the newly established branch office within three weeks: Provided, That where the branch office is established simultaneously with the establishment of the Agency, registration of establishment of both the Agency and the branch office shall be made simultaneously; |
| 2. | At the location of the newly established branch office: Matters under the subparagraphs of Article 49 within three weeks; |
| 3. | At the location of an already established branch office: Name and location of the newly established branch office within three weeks. |
| (2) | Where a branch office is established in an area under the jurisdiction of a registry that has jurisdiction over the location of the main office or an existing branch office, only the name and location of the newly established branch office shall be registered. |
| Article 51 (Registration of Relocation) |
| (1) | Where the Agency relocates its main office or a branch office to an area under the jurisdiction of another registry, it shall register new location and the date of relocation at the former location within two weeks, and register matters under the subparagraphs of Article 49 at the new location within three weeks. |
| (2) | Where the Agency relocates its main office or a branch office within the jurisdiction of the same registry, it shall register the new location and date of relocation within three weeks. |
| Article 52 (Registration of Changes) |
Where any change is made to matters under the subparagraphs of Article 49, the Agency shall register the change at the location of main office within two weeks and at the locations of branch offices within three weeks, respectively.
| Article 53 (Application for Registration to Be Accompanied by Following Documents) |
Where an application for registration is to be made pursuant to this Decree, it shall be accompanied by the following documents: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Registration of establishment under Article 40: Articles of association of the Agency; |
| 2. | Registration of a branch office under Article 50: Approval of the Minister of Employment and Labor for the establishment of the branch office; |
| 3. | Registration of relocation of office under Article 51: Documents evidencing the relocation of main office or branch office; |
| 4. | Registration of changes under Article 52: Documents evidencing the changes. |
| Article 54 (Counting of Period of Registration) |
Where matters to be registered pursuant to this Decree requires authorization or approval of the Minister of Employment and Labor, the period of registration shall be counted from the date a written authorization or approval is received. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| (1) | Public officials of Grade III (including public officials in extraordinary service or with a fixed term of service who correspond thereto) belonging to the Ministry of Strategy and Finance, the Ministry of Health and Welfare and the Ministry of Employment and Labor or public officials assigned to the Senior Executive Service in such ministries shall fill the ex-officio non-executive directorship of the Agency. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24852, Nov. 20, 2013> |
| (2) | Persons who have sufficient knowledge and experience with regard to persons with disabilities shall fill the non-executive directorship, other than ex-officio non-executive directorship, of the Agency. <Amended by Presidential Decree No. 21962, Dec. 31, 2009> |
| Article 56 (Advisory Committee and Support Society) |
| (1) | In order to hear advice on the performance of major projects relating to the promotion of employment and vocational rehabilitation, the Agency may form an advisory committee. |
| (2) | In order to efficiently promote projects and to achieve smooth cooperation with related organizations, the Agency may form a support society. |
| (3) | Matters necessary for the structure, operation, etc. of the advisory committee and support society under paragraphs (1) and (2) shall be specified by the articles of association of the Agency. |
| Article 57 (Disposal, etc. of Important Property) |
Where the Agency intends to transfer, acquire, lend or exchange the following property or provide it as security, it shall obtain approval from the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Land, forest and buildings of the Agency; |
| 2. | Educational facilities, equipment for diagnosis and examination, and other important equipment relating thereto; |
| 3. | Other property that is the important factor in increasing or decreasing the value of the property of the Agency. |
| Article 58 (Application for Approval for Loans) |
Where the Agency intends to obtain approval for a loan pursuant to Article 57 of the Act, it shall file an application for approval specifying the following matters with the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 4. | Conditions of the loan; |
| 5. | Methods of repaying the loan and period of the loan; |
| 6. | Other matters necessary for lending of funds and repayment thereof. |
| Articles 59 and 60 Deleted. <by Presidential Decree No. 21962, Dec. 31, 2009> |
| Article 61 (Submission of Closing Statement of Revenues and Expenditures) |
Where the Agency submits a closing statement of revenues and expenditures each year pursuant to Article 61 of the Act, the closing statement shall be accompanied by the following documents: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | A project plan and a plan for receipts and disbursements for the year, and a comparison table of the plans and results of execution; |
| 2. | Income statement and balance sheet for the year; |
| 3. | Opinion of a certified public accountant designated by the Minister of Employment and Labor and of the auditor of the Agency; |
| 4. | Other reference documents by which the details of the closing statement can be ascertained. |
| Article 62 (Application for Permission to Establish Management Organization) |
If the Agency intends to obtain permission to establish a management organization from the Minister of Employment and Labor pursuant to Article 64 (2) of the Act, it shall submit an application for permission to the Minister of Employment and Labor specifying the following matters: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | Necessity of establishing a management organization; |
| 3. | Other matters necessary for the establishment of a management organization. |
| Article 63 (Approval for Internal Regulations) |
If the Agency intends to set or amend internal regulations on the following matters, it shall obtain approval from the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Matters concerning structure and quota of staff of the Agency; |
| 2. | Matters concerning accounting, property and management of articles; |
| 3. | Matters concerning remuneration and service of executives and employees; |
| 4. | Matters concerning projects entrusted to the Agency pursuant to Article 82 (2); |
| 5. | Other matters that are important for the operation of the Agency. |
| Article 64 (Supervision of Duties) |
Public officials inspecting books, documents and other articles of the Agency pursuant to Article 65 of the Act shall carry a certificate indicating authority and produce it to interested persons.
| Article 65 (Contribution from Government) |
| (1) | If, pursuant to Article 69 (1) 1 and subparagraph 1 of Article 71 of the Act, the Government intends to make contributions to the Employment Promotion and Vocational Rehabilitation Fund for Persons with Disabilities under Article 68 of the Act (hereinafter referred to as "Fund") or pay expenses from the Fund necessary for the Agency in performing the projects, it shall reflect the expenses in the budget or in the Fund operation plan under Article 70, and make contributions or payment. <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | When the budget or Fund operation plan under paragraph (1) is set, the Minister of Employment and Labor shall notify the Agency thereof. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | If the Agency intends to be paid expenses necessary for performing projects, it shall submit an application for payment of expenses for performance of projects accompanied by a project plan for each quarter year and a plan to execute a budget for each quarter year to the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | In receipt of an application under paragraph (3), if the Minister of Employment and Labor deems that the project plan for each quarter year and the plan to execute a budget for each quarter year are appropriate, he/she shall pay expenses for performance of the projects according to the plans. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 66 (Contributions, etc. from Persons Other than Government) |
Where a nongovernmental entity under Article 69 (1) 1 of the Act intends to make a contribution or donation, the Minister of Employment and Labor may have consultation with the entity and determine the methods of contribution or donation. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 67 (Uses of Fund) |
The scope within which cost or expenses can be paid from the Fund pursuant to subparagraph 14 of Article 71 of the Act shall be as listed hereunder: | 1. | A project of supportive employment under Article 18; |
| 2. | Management and operation of the Fund; |
| 3. | A project delegated to Mayors/Do Governors or entrusted to the Agency pursuant to Article 82 of the Act. |
| Article 68 (Entrustment of Payment from Fund) |
The Minister of Employment and Labor may entrust financial institutions or postal agencies under the Banking Act or other related statutes with the business of extending loans, providing support and paying subsidies from the Fund. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 69 (Operation and Management of Fund) |
| (1) | The calculation of the Fund’s revenue and expenditure accruals shall be made according to the enterprise accounting principles. |
| (2) | The balance remaining after closing revenue and expense accounts of the Fund may be accumulated as a reserve of the Fund. |
| (3) | Matters necessary for operating reserves of the Fund and balance remaining after disbursement from the Fund shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | “Level prescribed by Presidential Decree” under the main sentence of Article 72 (3) of the Act means the rate of return determined by the Minister of Employment and Labor in consideration of the interest rate on one-year term deposit at a bank with a business territory covering the whole nation among banks that are authorized pursuant to the Banking Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22493, Nov. 15, 2010> |
| Article 70 (Fund Operation Plan) |
| (1) | The Minister of Employment and Labor shall formulate a Fund operation plan including the following matters: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Matters concerning revenues of and expenditures from the Fund; |
| 2. | Matters concerning a business plan, plan for acts causing expenditure and money plan for the year; |
| 3. | Matters concerning handling of the money carried over from the previous year; |
| 4. | Matters concerning reserves; |
| 5. | Other matters necessary for the operation of the Fund. |
| (2) | When the Minister of Employment and Labor formulates a Fund operation plan under paragraph (1), he/she shall have consultation with the Minister of Strategy and Finance with regard to a plan for acts producing expenditure for each quarter year and monthly money plan. The same shall also apply to the revision of the plans. <Amended by Presidential Decree No. 20681, Feb. 29, 2008> |
| Article 71 (Fund Management Assistants) |
If the Minister of Employment and Labor sees the need for the efficient management of the Fund, he/she may appoint Fund management assistants who assist the accounting authorities of the Fund under Article 73 of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 72 (Fund Accounts) |
In order to make clear the revenues of and expenditures from the Fund, the Minister of Employment and Labor shall open respective Fund accounts of employment promotion and vocational rehabilitation for persons with disabilities after separating them (hereinafter referred to as “Fund account”) at the Bank of Korea. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 73 (Procedures for Receiving Fund Revenues) |
| (1) | If a Fund revenue collection officer intends to collect Fund revenues, he/she shall notify a payer to make payment to the Fund account. |
| (2) | When the Bank of Korea receives Fund revenues, it shall issue the payer a receipt, and, without delay, send a receipt notice to the Fund revenue collection officer. |
| (3) | The Bank of Korea shall concentrate Fund revenues received pursuant to paragraph (2) to the Fund account established at the main office of the Bank of Korea according to the procedures for handling State coffers. |
| Article 74 (Procedures for Disbursing from Fund) |
| (1) | When a Fund financial officer performs an act causing expenditure, he/she shall send documents concerning such act to a Fund disbursing officer. |
| (2) | Where a Fund financial officer could not disburse the whole amount due to inevitable reasons after performing an act causing expenditure, he/she may carry it over to the next fiscal year and make payment in the next fiscal year. |
| Article 75 (Allocation of Ceiling on Acts Causing Expenditure from Fund) |
| (1) | The Minister of Employment and Labor shall allocate a ceiling on acts producing expenditure for each quarter year to each Fund financial officer within the scope of a plan for acts causing expenditure under Article 70. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | When the Minister of Employment and Labor sets a ceiling on acts producing expenditure for each quarter year pursuant to paragraph (1), he/she shall notify such fact to the relevant Fund disbursing officer and the Minister of Strategy and Finance, respectively. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | A Fund financial officer shall not perform acts producing expenditure in excess of the ceiling set for him/her pursuant to paragraph (1). |
| Article 76 (Allocation of Ceiling on Expenditure from Fund) |
| (1) | The Minister of Employment and Labor shall set a ceiling on monthly expenditure within the limit of monthly money plan under Article 70. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | When the Minister of Employment and Labor sets a ceiling on monthly expenditure pursuant to paragraph (1), he/she shall notify the Governor of the Bank of Korea thereof. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 77 (Report on Operation of Fund) |
The Minister of Employment and Labor may determine matters to be reported on the operation and management of the Fund. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 78 (Annual Financial Report on Fund) |
Each year the Minister of Employment and Labor shall prepare an annual financial report on the Fund accompanied by the following documents on the settlement of accounts, and submit it to the Minister of Strategy and Finance within 60 days from the end of each fiscal year of the Fund: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Current basic condition of the Fund; |
| 2. | Outline of settlement of accounts; |
| 3. | A comparison table of Fund operation plan and result; |
| 4. | Statement of revenues and expenditures; |
| 6. | Property status chart; |
| 7. | Table of financial resources raised each year. |
| Article 79 (Application of Other Statutes with Necessary Modifications) |
With regard to the operation and management of the Fund, statutes relating to budgets and accounts shall apply mutatis mutandis to matters that are not prescribed by the Act and this Decree.
| Article 79-2 (Designation of Officials in Charge of Support for Persons with Disabilities and Duties thereof) |
| (1) | Officials in charge of support for persons with disabilities under Article 74-2 (1) of the Act shall be designated by the heads of agencies under the subparagraphs of Article 27 (6) of the Act from among the heads of departments in charge of the duties under the subparagraphs of paragraph (2). |
| (2) | An official in charge of support for persons with disabilities designated pursuant to paragraph (1) shall perform the following duties: |
| 1. | Consultation and coordination of provision of support service to public officials and employees with disabilities; |
| 2. | Creation of stable working conditions for public officials and employees with disabilities, and improvement thereof; |
| 3. | Support for adaptation to duties for public officials and employees with disabilities; |
| 5. | Other duties concerning the promotion of rights and interests of persons with disabilities, which are determined by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 28163, Jun. 27, 2017]
| Article 80 (Appointment of Vocational Life Counselors for Persons with Disabilities) |
| (1) | The business owner who has to appoint a vocational life counselor for persons with disabilities pursuant to Article 75 (2) of the Act (hereinafter referred to as “counselor”) shall be a business owner who regularly employs 20 or more employees with disabilities: Provided, That where a business owner regularly employs less than 20 employees with disabilities, he/she may be made to appoint a counselor, as prescribed by Ordinance of the Ministry of Employment and Labor, in consideration of the nature of disabilities according to their types. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25809, Dec. 3, 2014> |
| (2) | A business owner who has to have a counselor shall appoint a counselor within 90 days after the date reasons therefor arose. |
| Article 81 (Subsidization of Expenses) |
Pursuant to Article 78 of the Act, the State and local governments may grant subsidies, in whole or in part, to business owners or vocational rehabilitation institutions performing any of the following projects, and to organizations, etc. related to welfare facilities for persons with disabilities that promote the employment of persons with disabilities within budgetary limit: | 1. | Projects of employment promotion and vocational rehabilitation for persons with disabilities; |
| 2. | Projects of inspection, research and publicity for employment promotion of persons with disabilities, and holding various competitions; |
| 3. | Other projects deemed by the State or the heads of local governments to be necessary for employment promotion and vocational rehabilitation. |
| Article 81-2 (Request, etc. for Provision of Data) |
| 1. | A computer network or data on earned income under Article 20 of the Income Tax Act, such as report on the status of withholding, book for tax withholding for wage and salary income by income earners, statement of payment of daily wages, etc.; |
| 2. | A computer network or data on property, such as a certified copy of land and building register, certified copy of farmland register, certified copy of automobile and construction machinery register, certified copy of vessel register, etc.; |
| 4. | A computer network or data on the registration of persons with disabilities, degree of disability, entry into and departure from Korea, resident registration, corporation registration, family relations certification, etc. |
[This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013]
| Article 82 (Delegation and Entrustment of Authority) |
| (1) | Pursuant to Article 82 of the Act, the Minister of Employment and Labor shall delegate authority on the following matters to the heads of local employment and labor offices: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24284, Dec. 28, 2012; Presidential Decree No. 25809, Dec. 3, 2014> |
| 1. | Issuing an order to submit a plan to employ persons with disabilities and a record on the status of implementation of employment, order to revise a plan to employ persons with disabilities, and public notice of non-fulfillment of obligations to employ persons with disabilities (excluding matters concerning paragraph (2) 17) under Article 29 of the Act; |
| 2. | Requesting a report and inspection under Article 76 of the Act (limited to cases that are necessary in handling entrusted duties); |
| 4. | Granting approval for taking an administrative action to collect arrears and for making a write-off of charges under paragraph (3). |
| (2) | Pursuant to Article 82 of the Act, the Minister of Employment and Labor shall entrust the Agency with the following duties: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22709, Mar. 15, 2011; Presidential Decree No. 24284, Dec. 28, 2012; Presidential Decree No. 24614, Jun. 17, 2013; Presidential Decree No. 25809, Dec. 3, 2014; Presidential Decree No. 28369, Oct. 17, 2017> |
| 11. | Loans or subsidies for business owners employing persons with disabilities under Article 21 of the Act; |
| 12. | Loans or subsidies for standardized workplaces for persons with disabilities under Article 22 of the Act; |
| 12-2. | Receipt of a plan to purchase products of standardized workplaces for persons with disabilities and the result of purchase in the previous year under Article 22-3 (2) of the Act; |
| 12-3. | Certification of standardized workplaces for persons with disabilities, revocation of certification, and public announcement under Article 22-4 of the Act; |
| 13. | Cancellation of undue loans or subsidies, collection of undue loans or subsidies, request for correction and restrictions on loans or subsidies under Article 23 of the Act; |
| 14. | Selection of business owners excellent in employing persons with disabilities and preferential treatment thereto under Article 24 of the Act; |
| 15. | Provision of data concerning persons with disabilities to business owners under Article 25 of the Act; |
| 16-2. | Holding of skills competitions for persons with disabilities under Article 26-2 (1) of the Act (limited only to the competitions held by the Minister of Employment and Labor); |
| 16-4. | Holding of International Abilympics and dispatch of participating teams thereto under Article 26-3 of the Act; |
| 17. | Receipt of a plan to employ persons with disabilities, record on the current state of employment and revision to the plan submitted by business owners pursuant to Article 29 (1) and (2) of the Act; |
| 20. | Collection and abatement of contributory charges, additional payment of employment incentives, additional collection of contributory charges, refund and installment payment under Article 33 of the Act; |
| 21. | Appropriation and refund of overpaid or erroneously paid contributory charges, etc. under Article 34 of the Act; |
| 23. | Notice of collection and additional collection of contributory charges and refund under Article 36 of the Act; |
| 24. | Demand for payment, administrative actions to collect arrears and request for making public sale through agent under Article 37 of the Act; |
| 26. | Loans, subsidies, investment and subsidization from the Fund under subparagraphs 3 through 10, 12 and 14 of Article 71 of the Act; |
| 27. | Matters concerning professionals, such as vocational life counselors for persons with disabilities, etc. under Article 75 of the Act; |
| 28. | Report and inspection under Article 76 of the Act (limited to cases in which needs arise for the handling of entrusted duties); |
| 28-3. | Awarding prizes, paying cash prizes and restrictions on paying cash prizes under Article 22-5 (applicable only to the competitions held by the Minister of Employment and Labor); |
| 29. | Receipt of applications for awarding cash prizes under Article 31 (3); |
| (3) | Where the Agency intends to perform any of the following acts, it shall obtain approval from the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24614, Jun. 17, 2013> |
| 1. | Revocation of certification of a standardized workplace for persons with disabilities under paragraph (2) 12-3; |
| 2. | Cancellation of undue loans or subsidies, and restrictions on loans or subsidies under paragraph (2) 13; |
| 3. | Administrative actions to collect delinquent charges under paragraph (2) 24; |
| 4. | Write-off of delinquent charges under paragraph (2) 25. |
| Article 82-2 (Handling of Sensitive Information and Personally Identifiable Information) |
Where unavoidable circumstances arise in performing the following duties, the Minister of Employment and Labor (including persons entrusted with the authority pursuant to Article 82), the Minister of Health and Welfare, Mayors/Do Governors or the Agency may handle data containing information on health under Article 23 of the Personal Information Protection Act, information on criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the same Decree: <Amended by Presidential Decree No. 24614, Jun. 17, 2013; Presidential Decree No. 28369, Oct. 17, 2017> | 9. | Duties concerning support for business owners employing persons with disabilities under Article 21 of the Act; |
| 10. | Duties concerning loans and subsidies for standardized workplaces for persons with disabilities under Article 22 of the Act; |
| 10-2. | Duties concerning certification of standardized workplaces for persons with disabilities and revocation of certification under Article 22-4 of the Act; |
| 11. | Duties concerning cancellation of undue loans or subsidies, collection of undue loans or subsidies, request for correction, and restrictions on loans or subsidies under Article 23 of the Act; |
| 12. | Duties concerning report on a plan to employ persons with disabilities and on the current state of employment under Article 29 of the Act; |
| 13. | Duties concerning payment of incentives for employment of persons with disabilities under Article 30 of the Act; |
| 14. | Duties concerning report on illegal receipt of incentives for employment of persons with disabilities using and payment of cash rewards under Article 32 of the Act; |
| 15. | Duties concerning filing, paying, etc. of contributory charges for failing to employ persons with disabilities at a certain rate under Article 33 of the Act; |
| 16. | Duties concerning appropriation and refund of overpaid or erroneously paid contributory charges under Article 34 of the Act; |
| 17. | Duties concerning projects for the installation and management of a computer network system, publicity and education, skills competitions for persons with disabilities, etc. under Article 43 (2) 8 of the Act; |
| 19. | Duties concerning training of vocational life counselors for persons with disabilities, etc. under Article 75 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 82-3 (Re-examination of Regulations) |
The Minister of Employment and Labor shall examine appropriateness of the following matters every three years based on the following base date (referring to the period until the day before the day same as the base date on every third year), and take improvement measures, etc.:
| 1. | Matters concerning appointment of vocational life counselors for persons with disabilities under Article 80: January 1, 2014; |
| 2. | Standard for imposition of administrative fines under Article 83 and attached Table 2: January 1, 2014. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 83 (Criteria for Imposing Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 21962, Dec. 31, 2009]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria, etc. for Being Person with Disabilities)
Article 3 (Relationship with Other Statutes)
ADDENDA <Presidential Decree No. 20522, Jan. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Reasons for Write-off)
The amended provisions of Article 47 shall apply to cases in which reasons for write-off arose for the first time after this Act enters into force.
ADDENDA <Presidential Decree No. 20681, Feb. 29, 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. 21717, Sep. 8, 2009>
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. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 6 through 14, 19, 25, 26-2, 83, attached Table 2, Article 3 (1) through (6) of Addenda and paragraph (8) of the same Article shall enter into force on January 1, 2010. Article 2 (Transitional Measures concerning Persons with Severe Disabilities)
Persons with severe disabilities under previous subparagraph 2 of Article 2 at the time this Decree enters into force shall be deemed persons with severe disabilities under this Decree, notwithstanding the amended provision of Article 4 (1). Article 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.)
Article 2 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. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 22709, Mar. 15, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22800, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | In applying standards for imposition of administrative fines for violations committed before this Decree enters into force, previous provisions shall apply notwithstanding the amended provision of attached Table 2. |
| (2) | Imposition of administrative fines for violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 23254, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Article 2 (Transitional Measures concerning Time to Make Installment Payment of Contributory Charges)
The amended provision of Article 38 (2) shall begin to apply to the installment payment of contributory charge to be made in the year 2012.
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. 24284, Dec. 28, 2012>
This Decree shall enter into force on March 1, 2013.
ADDENDA <Presidential Decree No. 24614, Jun. 17, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 19, 2013.
Article 2 (Applicability concerning Number of Hours During Which Helper Service Is Provided)
The amended provision of Article 20-2 (3) shall begin to apply with the first employee with severe disabilities who applies for helper service after this Decree enters into force.
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
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.
ADDENDA <Presidential Decree No. 25809, Dec. 3, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Transitional Measures concerning Administrative Fines)
In applying administrative fines for violations committed before this Decree enters into force, previous provisions shall apply, notwithstanding the amended provisions of Article 80 (1) and attached Table 2.
ADDENDA <Presidential Decree No. 27249, Jun. 21, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 23, 2016. (Proviso Omitted.)
Articles 2 and 3 Omitted.
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.
ADDENDA <Presidential Decree No. 27445, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 28163, Jun. 27, 2017>
This Decree shall enter into force on June 28, 2017.
ADDENDA <Presidential Decree No. 28369, Oct. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 19, 2017.
Article 2 (Applicability concerning Qualification for Participation in Skills Competitions for Persons with Disabilities)
The amended provision of Article 22-3 (3) shall apply even to persons who participated and won a prize in the International Abilympics or a nationwide skills competition held by the Agency, or those who participated and cheated in a skills competition for persons with disabilities held by the Agency, which was held before this Decree enters into force.