ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE PREFERENTIAL PURCHASE OF PRODUCTS MANUFACTURED BY PERSONS WITH SEVERE DISABILITIES
Presidential Decree No. 21026, Sep. 22, 2008
Amended by Presidential Decree No. 22075, Mar. 15, 2010
Presidential Decree No. 23616, Feb. 3, 2012
Presidential Decree No. 24681, Aug. 6, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25762, Nov. 20, 2014
Presidential Decree No. 26891, Jan. 12, 2016
Presidential Decree No. 27390, Jul. 26, 2016
Presidential Decree No. 28521, Dec. 29, 2017
Presidential Decree No. 29347, Dec. 11, 2018
| Article 2 (Formulation of Plans to Promote Preferential Purchase of Products Manufactured by Persons with Severe Disabilities) |
| 1. | Purchasing products manufactured by persons with severe disabilities for each public institution in the preceding year; |
| 2. | A plan to purchase products manufactured by persons with severe disabilities for each public institution (including items to be purchased and a target percentage to purchase). |
| Article 3 (Duties of Chairperson, etc.) |
| (1) | The chairperson the Committee for the Promotion of Preferential Purchase of Products Manufactured by Persons with Severe Disabilities (hereinafter referred to as the "Committee") prescribed in Article 5 of the Act shall represent the Committee, preside over affairs of the Committee, convene and preside over its meetings. |
| (2) | The vice chairperson shall assist the chairperson, and where the chairperson is unable to perform his/her duties due to extenuating circumstances, the vice chairperson shall perform the duties of the chairperson on his/her behalf. |
| Article 4 (Term of Office of Members of the Committee) |
The term of office of appointed members of the Committee shall be two years: Provided, That the term of office of a member newly appointed due to the resignation, etc. of his/her predecessor shall be the remainder of the unexpired term of office of his/her predecessor.
[This Article Wholly Amended by Presidential Decree No. 26891, Jan. 12, 2016]
| Article 4-2 (Dismissal, etc. of Members of the Committee) |
| (1) | Where an ex officio member falls under any of the following, a person who has appointed the ex officio member pursuant to Article 5 (3) 1 of the Act may withdraw his/her appointment: |
| 1. | Where the ex officio member becomes unable to perform his/her duties due to any mental or physical disability; |
| 2. | Where the ex officio member has engaged in misconduct related to his/her duties; |
| 3. | Where the ex officio member is deemed unfit to be a member due to neglecting his/her duty, injury to dignity or other grounds; |
| 4. | Where the ex officio member makes it clear that it is impracticable for him/her to perform his/her duties. |
| (2) | Where an appointed member prescribed in Article 5 (3) 2 of the Act falls under paragraph (1), the chairperson may dismiss the relevant member. |
[This Article Newly Inserted by Presidential Decree No. 26891, Jan. 12, 2016]
| Article 5 (Meetings, etc.) |
| (1) | Where the chairperson deems a meeting necessary or at least one-third of the incumbent members request the chairperson to convene a meeting, the chairperson shall convene a meeting. |
| (2) | The Committee shall hold meetings when a majority of the incumbent members are present and shall adopt resolutions with the concurring votes of a majority of the members present. |
| Article 6 (Administrative Secretary) |
One administrative secretary shall be assigned to the Committee to perform affairs of the Committee, and shall be appointed by the Minister of Health and Welfare from among public officials belonging to the Ministry of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
| Article 7 (Allowances and Travel Expenses) |
The Committee may pay allowances and reimburse travel expenses to members of the Committee who attend meetings of the Committee within the budgetary limits: Provided, That the Committee shall not pay allowances and reimburse travel expenses to members of the Committee who are public officials directly related to its affairs.
| Article 8 (Detailed Rules of Operation) |
In addition to matters provided for in this Decree, the chairperson shall prescribe matters necessary for operating the Committee through resolutions adopted by the Committee.
| Article 9 (Support for Establishment and Operation of Production Facilities of Products Manufactured by Persons with Severe Disabilities) |
| (1) | The State and local governments shall subsidize expenses incurred in establishing and operating facilities producing products manufactured by persons with severe disabilities (hereinafter referred to as "production facilities") prescribed in Article 2 (2) within budgetary limits pursuant to Article 6 (3) of the Act. <Amended by Presidential Decree No. 23616, Feb. 3, 2012> |
| (2) | Where the State or a local government subsidizes expenses pursuant to paragraph (1), it may subsidize them differentially, based upon the outcomes of operating the relevant production facilities, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012> |
| Article 10 (Preparation, etc. of Plans to Purchase Products Manufactured by Persons with Severe Disabilities) |
| (1) | The head of a public institution shall prepare a report on the purchase of products manufactured by persons with severe disabilities in the preceding year and a plan to purchase products manufactured by persons with severe disabilities in each fiscal year; and shall submit such report and plan to the Minister of Health and Welfare by no later than January 31 of the relevant year pursuant to Article 7 (2) of the Act. In such cases, a plan to purchase products manufactured by persons with severe disabilities shall include a target percentage of products manufactured by persons with severe disabilities to purchase out of the total amount of products purchased by the public institution. <Amended by Presidential Decree No. 26891, Jan. 12, 2016; Presidential Decree No. 27390, Jul. 26, 2016> |
| (2) | The Minister of Health and Welfare may request the head of a public institution to submit related data to verify a report on the purchase of products manufactured by persons with severe disabilities in the preceding year and a plan to purchase products manufactured by persons with severe disabilities submitted pursuant to paragraph (1). In such cases, the head of a public institution shall comply with such request, except in extenuating circumstances. <Newly Inserted by Presidential Decree No. 23616, Feb. 3, 2012> |
| (3) | A target percentage to purchase products manufactured by persons with severe disabilities under the latter part of paragraph (1) shall be at least 1/100 (where a percent is prescribed by municipal ordinance of the relevant local government exceeding 1/100, referring to such percentage) out of the total amount of the purchase (referring to the total amount of products purchased and services, such as labor service, but excluding construction) made by each public institution: Provided, That in consideration of the characteristics of a public institution, the head of the public institution may otherwise prescribe the scope of products and services, such as labor service, included in the total amount of the purchase made, in consultation with the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012; Presidential Decree No. 26891, Jan. 12, 2016; Presidential Decree No. 28521, Dec. 29, 2017> |
| (4) | The Minister of Health and Welfare shall publicly announce a plan to purchase products manufactured by persons with severe disabilities by integrating plans to purchase such products submitted by each public institution prescribed in paragraph (1) following deliberation by the Committee by no later than April 30 annually. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012> |
| Article 11 (Quality Certification Standards, etc.) |
To grant quality certification prescribed in Article 8 (1) of the Act, the Minister of Health and Welfare shall examine production facilities and test products manufactured by persons with severe disabilities, and quality certification standards shall be as follows: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012> | 1. | Examining production facilities: the Minister of Health and Welfare shall examine production facilities in accordance with standards prescribed and publicly notified by him/her, including items by which the actual conditions of quality management of products manufactured by persons with severe disabilities, the production and post management system, etc. may be evaluated; |
| 2. | Testing products manufactured by persons with severe disabilities: the Minister of Health and Welfare shall administer performance tests of items prescribed and publicly notified by him/her, and may require persons who have applied for quality certification to undergo performance tests of the relevant products by a testing or inspection agency approved by Article 23 of the Framework Act on National Standards and to submit the performance test outcomes. |
| Article 12 (Quality Certification Procedures) |
| (1) | A person who intends to obtain quality certification prescribed in Article 8 (1) of the Act shall submit an application for quality certification of products manufactured by persons with severe disabilities in attached Form 1 to the Minister of Health and Welfare along with the following documents: <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| 1. | Quality management regulations; |
| 2. | Materials explaining the quality inspection system; |
| 3. | Explanatory materials regarding the manufacturing methods, manufacturing processes, etc. |
| (2) | Where the Minister of Health and Welfare receives an application for quality certification prescribed in paragraph (1), he/she shall examine production facilities and test products manufactured by persons with severe disabilities pursuant to Article 11; and where production facilities and products meet quality certification standards, he/she shall issue a quality certificate of products manufactured by persons with severe disabilities in attached Form 2. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012> |
| Article 13 (Designation, etc. of Certification Agency) |
| (1) | A person who seeks designation of a certification agency prescribed in Article 8 (2) of the Act shall meet all the following requirements: |
| 1. | He/she shall have an organization exclusively performing affairs concerning quality certification; |
| 2. | He/she shall have human resources in charge of affairs concerning quality certification; |
| 3. | He/she shall have the operating regulations concerning operating, etc. a quality certification agency; |
| 4. | Where he/she performs affairs, other than affairs concerning quality certification, he/she shall not be likely to perform affairs concerning quality certification conflicting with other affairs. |
| (2) | The Minister of Health and Welfare shall prescribe and publicly notify detailed matters concerning the designation of a certification agency, such as procedures for designating a certification agency prescribed in paragraph (1). <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| (3) | The head of a certification agency may claim some or all of expenses incurred in performing quality certification from a person who applies for quality certification, as prescribed and publicly notified by the Minister of Health and Welfare. <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 14 (Re-Issuance of Quality Certificates) |
| (1) | Where a person who has obtained quality certification falls under any of the following, a quality certificate may be reissued to him/her: |
| 1. | Where matters mentioned in a quality certificate have been changed; |
| 2. | Where he/she has lost a quality certificate or a quality certificate is defaced and unusable. |
| (2) | A person who intends to be reissued a quality certificate pursuant to paragraph (1) shall submit an application for re-issuance of a quality certificate of products manufactured by persons with severe disabilities in attached Form 3 to the Minister of Health and Welfare, along with the following documents: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 24681, Aug. 6, 2013> |
| 1. | The original quality certificate of products manufactured by persons with severe disabilities (excluding cases where the person has lost the quality certificate); |
| 2. | One copy of a document proving a ground for re-issuance. |
| Article 15 (Quality Certification Marks) |
A person who has obtained quality certification may place a quality certification mark prescribed and publicly notified by the Minister of Health and Welfare on products manufactured by persons with severe disabilities, packages, containers or promotional materials. <Amended by Presidential Decree No. 22075, Mar. 15, 2010>
| Article 16 (Criteria, etc. for Designation of Production Facilities) |
| (1) | A person who seeks designation of a production facility pursuant to Article 9 (1) of the Act shall meet all the following requirements: Provided, That in cases of a production facility which produces at least two items, it shall meet all the following requirements for each item <Amended by Presidential Decree No. 23616, Feb. 3, 2012; Presidential Decree No. 24681, Aug. 6, 2013> |
| 1. | Persons with disabilities who directly participate in the process of producing products manufactured by persons with severe disabilities or providing services shall be at least ten persons: Provided, That in cases of a production facility which produces at least two items, persons with disabilities who directly participate in the process of producing each item shall be at least five persons; |
| 2. | Persons with disabilities who directly participate in the process of producing products manufactured by persons with severe disabilities or providing services shall be at least 70/100 of the total workers and persons with severe disabilities shall be at least 60/100 of such persons with disabilities on a regular basis: Provided, That in cases of items prescribed and publicly notified by the Minister of Health and Welfare, where it is impracticable or inappropriate for persons with severe disabilities to directly produce such item or to provide services, persons with severe disabilities shall be at least 30/100 of persons with disabilities who directly participate in the process of producing such items or providing services; |
| 3. | Working hours of persons with disabilities shall account for at least 50/100of the total working hours required to directly participate in the process of producing products manufactured by persons with severe disabilities or providing services regularly. |
| (2) | The period for validity of the designation or re-designation of a production facility prescribed in Article 9 (1) of the Act shall be three years from the date it is designated or re-designated. <Newly Inserted by Presidential Decree No. 25762, Nov. 20, 2014> |
| (3) | The Minister of Health and Welfare shall prescribe and publicly notify detailed matters, etc. concerning criteria for designating a production facility prescribed in paragraph (1). <Newly Inserted by Presidential Decree No. 23616, Feb. 3, 2012; Presidential Decree No. 25762, Nov. 20, 2014> |
| Article 17 (Criteria, etc. for Designating and Re-designating Production Facilities) |
| (1) | The Minister of Health and Welfare shall publicly announce matters concerning the methods of filing an application for designation of a production facility, the period for filing an application, etc. at least annually. <Newly Inserted by Presidential Decree No. 23616, Feb. 3, 2012> |
| (2) | A person who seeks designation of a production facility pursuant to the former part of Article 9 (1) of the Act shall submit an application for designation of a production facility of products manufactured by persons with severe disabilities prescribed by Ordinance of the Ministry of Heath and Welfare to the Minister of Health and Welfare, along with documents prescribed by Ordinance of the Ministry of Heath and Welfare within the period for filing an application publicly announced pursuant to paragraph (1). <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012; Presidential Decree No. 25762, Nov. 20, 2014; Presidential Decree No. 26891, Jan. 12, 2016; Presidential Decree No. 27390, Jul. 26, 2016> |
| 1. | through 4. Deleted. <by Presidential Decree No. 27390, Jul. 26, 2016> |
| (3) | A person who seeks re-designation of a production facility because the period during which he/she was designated pursuant to the latter part of Article 9 (1) of the Act expires, shall submit an application for re-designation of a production facility of products manufactured by persons with severe disabilities prescribed by Ordinance of the Ministry of Heath and Welfare to the Minister of Health and Welfare by no later than 60 days prior to the expiry date of the period of validity prescribed in Article 16 (2). <Amended by Presidential Decree No. 25762, Nov. 20, 2014; Presidential Decree No. 27390, Jul. 26, 2016> |
| (4) | Where the Minister of Health and Welfare deems that it is necessary to rectify any deficiencies in an application or attached documents prescribed in paragraph (2), he/she may request a person to rectify any deficiencies in the application or attached documents within a fixed period. In such cases, no period required to rectify any deficiencies shall be included in the period prescribed in paragraph (6) 1. <Newly Inserted by Presidential Decree No. 27390, Jul. 26, 2016> |
| (5) | Where a person who applied for designation of a production facility fails to comply with a request to rectify any deficiencies without any justifiable ground though he/she was requested to rectify any deficiencies prescribed in paragraph (4), the Minister of Health and Welfare may return an application he/she has submitted. <Newly Inserted by Presidential Decree No. 27390, Jul. 26, 2016> |
| (6) | Where the Minister of Health and Welfare receives an application for designation of a production facility prescribed in paragraph (2) or re-designation of a production facility prescribed in paragraph (3), he/she shall examine the application therefor in accordance with the criteria for designation until the following periods; and shall issue a written designation as a production facility of products manufactured by persons with severe disabilities prescribed by Ordinance of the Ministry of Health and Welfare if he/she deems the details of an application appropriate: <Newly Inserted by Presidential Decree No. 25762, Nov. 20, 2014; Presidential Decree No. 27390, Jul. 26, 2016> |
| 1. | In cases of an application for designation as a production facility: No later than 60 days prior to the end of the period for filing an application; |
| 2. | In cases of an application for re-designation as a production facility: Before the end of the period of validity. |
| (7) | Where the Minister of Health and Welfare designates or re-designates a production facility pursuant to paragraph (6), he/she shall publicly announce such designation or re-designation. <Newly Inserted by Presidential Decree No. 25762, Nov. 20, 2014; Presidential Decree No. 27390, Jul. 26, 2016> |
| (8) | Article 14 shall apply mutatis mutandis to the re-issuance of a written designation of a production facility of products manufactured by persons with severe disabilities. <Amended by Presidential Decree No. 23616, Feb. 3, 2012; Presidential Decree No. 25762, Nov. 20, 2014; Presidential Decree No. 27390, Jul. 26, 2016> |
| Article 18 (Detailed Standards for Administrative Measures against Production Facilities) |
[This Article Newly Inserted by Presidential Decree No. 29347, Dec. 11, 2018]
| Article 18-2 (Standards for Substantial Identity) |
| 1. | The representative of a facility, the designation of which as a production facility of products manufactured by persons with severe disabilities has been revoked, shall the same person as the representative of a facility seeking designation as the production facility thereof; |
| 2. | A person who seeks designation as a production facility of products manufactured by persons with severe disabilities shall have acquired major goodwill or assets of a person in whose case the designation of the production facility thereof was revoked; |
| 3. | A person who seeks designation of a production facility of products manufactured by persons with severe disabilities shall have been merged with a person in whose case the designation of the production facility thereof was revoked or divided from a person in whose case the designation of the production facility thereof was revoked; |
| 4. | A person in whose case the designation of a production facility was revoked shall be substantially identical to a person whose facility seeks designation as a production facility of products manufactured by persons with severe disabilities when taking all factors into account, including items produced, the details of its business, and the members thereof. |
[This Article Newly Inserted by Presidential Decree No. 29347, Dec. 11, 2018]
| Article 18-3 (Standards for Imposition of Penalty Surcharges) |
| (1) | The calculation of sales and the standards for imposing penalty surcharges under Article 10-2 (1) of the Act shall be as prescribed in attached Table 2. |
| (2) | Where the Minister of Health and Welfare imposes a penalty surcharge under Article 10-2 (1) of the Act, he or she shall clearly inform the person in question in writing or in electronic form of the type of violations and the amount of a penalty surcharge. |
| (3) | A person notified under paragraph (2) shall pay the penalty surcharge to the receiving agency determined by the Minister of Health and Welfare within 60 days from the date of receipt of such notice: Provided, That where the person notified is unable to pay the penalty surcharge within the period due to force majeure event or any other unavoidable cause, the payment shall be made within 30 days from the date such reason ceases to exist. |
| (4) | Upon receipt of the penalty surcharge under paragraph (3), the receiving agency shall issue a receipt to the person who has paid the amount and notify the Minister of Health and Welfare of the receipt thereof without delay. |
[This Article Newly Inserted by Presidential Decree No. 29347, Dec. 11, 2018]
| Article 19 (Public Announcement of Revocation of Designation of Production Facilities) |
| (1) | Deleted. <by Presidential Decree No. 25762, Nov. 20, 2014> |
| (2) | Where the Minister of Health and Welfare revokes the designation of a production facility pursuant to Article 10 (1) of the Act, he/she shall publicly announce such revocation. <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012> |
| Article 19-2 Deleted. <by Presidential Decree No. 29347, Dec. 11, 2018> |
| Article 20 (Designation of Institutions Performing Affairs Relating to Products Manufactured by Persons with Severe Disabilities, Support Thereto, etc.) |
| (1) | A person who seeks designation of an institution performing affairs relating to products manufactured by persons with severe disabilities (hereinafter referred to as "institution performing affairs") prescribed in Article 11 (1) of the Act shall meet all the following requirements: <Amended by Presidential Decree No. 23616, Feb. 3, 2012> |
| 1. | He/she shall have an organization dedicated to affairs concerning support to production facilities; |
| 2. | He/she shall be a corporation or organization for the welfare of persons with disabilities under the Act on Welfare of Persons with Disabilities, specialized in affairs concerning support to production facilities. |
| (2) | A person who seeks designation of an institution performing affairs shall submit an application for designation as an institution performing affairs to the Minister of Health and Welfare, along with the following documents: <Amended by Presidential Decree No. 22075, Mar. 15, 2010; Presidential Decree No. 23616, Feb. 3, 2012> |
| 1. | Articles of incorporation of a corporation or rules of an organization; |
| 2. | A business plan to support production facilities; |
| 3. | Status of the organization and human resources for affairs concerning support to production facilities. |
| (3) | Where an applicant for designation pursuant to paragraph (2) meets requirements for designation under paragraph (1) as a result of the examination thereof, the Minister of Health and Welfare shall designate him/her as an institution performing affairs; and publicly announce such designation. <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| (4) | An institution performing affairs may receive fees incurred in performing a private outsourcing contract prescribed in Article 7 (4) of the Act. |
| (5) | The Minister of Health and Welfare shall prescribe and publicly notify the rates and appropriation of fees prescribed in paragraph (4). <Amended by Presidential Decree No. 22075, Mar. 15, 2010> |
| Article 21 (Detailed Standards for Administrative Measures against Institutions Performing Affairs) |
Detailed standards for administrative measures to be imposed on an institution performing affairs prescribed in Article 13 (1) of the Act shall be as specified in attached Table 3. <Amended by Presidential Decree No. 25762, Nov. 20, 2014; Presidential Decree No. 29347, Dec. 11, 2018> [This Article Newly Inserted by Presidential Decree No. 23616, Feb. 3, 2012]
| Article 22 (Education on Purchase of Products Manufactured by Persons with Severe Disabilities) |
| (1) | Where the Minister of Health and Welfare intends to provide education on purchasing products manufactured by persons with severe disabilities pursuant to Article 14 of the Act, he/she shall prepare a plan for education on purchasing; and shall notify the heads of public institutions of the prepared plan for education on purchase. |
| (2) | The heads of public institutions notified of a plan for education on purchase pursuant to paragraph (1) shall cooperate so that their employees may receive education. |
[This Article Newly Inserted by Presidential Decree No. 23616, Feb. 3, 2012]
| Article 23 (Kinds of Rewards and Procedures for Giving Rewards) |
| 1. | Grand prize for products manufactured by persons with severe disabilities; |
| 2. | Excellence awards in each field (production, distribution, purchase, etc.) of products manufactured by persons with severe disabilities. |
| (2) | The Minister of Health and Welfare shall prescribe and publicly announce matters concerning standards for granting rewards, and methods and procedures for selecting winners prescribed in Article 15 of the Act. |
[This Article Newly Inserted by Presidential Decree No. 23616, Feb. 3, 2012]
| Article 23-2 (Entrustment of Affairs) |
| (1) | The Minister of Health and Welfare may entrust the following affairs to institutions performing affairs pursuant to Article 19 (2) of the Act: |
| 1. | Requesting public institutions prescribed in Article 6 (2) of the Act to preferentially purchase products manufactured by persons with severe disabilities; |
| 2. | Operating the preferential purchase management system of products manufactured by persons with severe disabilities prescribed in Article 7-2 of the Act; |
| 3. | The following affairs for designating or re-designating production facilities prescribed in Article 9 (1) of the Act: |
| (a) | Publically announcing methods for filing an application for designation of a production facility prescribed in Article 17 (1), the period for filing an application therefor, etc.; |
| (b) | Receiving applications for designation and applications for re-designation of a production facility prescribed in Article 17 (2) and (3); |
| (c) | Requesting to rectify any deficiencies in applications and attached documents prescribed in Article 17 (4); |
| (d) | Issuing and re-issuing a written designation of a production facility prescribed in Article 17 (6) and (8); |
| 4. | Educating persons in charge of purchase, etc. of public institutions prescribed in Article 14 of the Act. |
| (2) | Where the Minister of Health and Welfare entrusts affairs pursuant to paragraph (1), he/she shall publicly notify a person entrusted with affairs and the details of such affairs entrusted. |
[This Article Newly Inserted by Presidential Decree No. 27390, Jul. 26, 2016]
| Article 23-3 (Processing of Sensitive Information and Personally Identifiable Information) |
Where it is inevitable to perform the following affairs, the Minister of Health and Welfare (where the relevant affairs have been entrusted, including a person entrusted with the relevant affairs) may process information on health prescribed in Article 23 of the Personal Information Protection Act or data including resident registration numbers prescribed in subparagraph 1 of Article 19 of the Enforcement Decree of the aforesaid Act or alien registration numbers prescribed in subparagraph 4 of Article 19: <Amended by Presidential Decree No. 27390, Jul. 26, 2016; Presidential Decree No. 29347, Dec. 11, 2018> | 1. | Affairs concerning designating or re-designating a production facility of products manufactured by persons with severe disabilities prescribed in Article 9 of the Act; |
| 2. | Affairs concerning, among others, revoking designation of a production facility of products manufactured by persons with severe disabilities prescribed in Article 10 of the Act; |
| 3. | Affairs concerning revoking, etc. designation of an institution performing affairs prescribed in Article 13 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 25762, Nov. 20, 2014]
| Article 24 (Review of Restrictions) |
The Minister of Health and Welfare shall review the validity of the following and take measures, such as making improvements, every three years (referring to the period before every third anniversary from the base date) based on the following reference dates:
| 1. | Criteria for designating a production facility prescribed in Article 16: January 1, 2014; |
| 2. | Procedures for designating a production facility prescribed in Article 17: January 1, 2014. |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
| Article 25 (Administrative Fines) |
Criteria for imposing administrative fines prescribed in Article 23 (1) of the Act shall be as specified in attached Table 4. <Amended by Presidential Decree No. 29347, Dec. 11, 2018> [This Article Newly Inserted by Presidential Decree No. 25762, Nov. 20, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on September 22, 2008: Provided, That Article 10 (2) shall enter into force on January 1, 2011. Article 2 (Special Cases concerning Target Percentage to Purchase Products Manufactured by Persons with Severe Disabilities by Public Institutions)
The head of a public institution required to prepare a plan to purchase products manufactured by persons with severe disabilities pursuant to Article 10 (1) shall prepare a purchase plan according to items of products subject to preferential purchase and a percentage of preferential purchase under Article 28 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities by no later than December 31, 2010.
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. 23616, Feb. 3, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 5, 2012.
Article 2 (Special Cases concerning Criteria for Designating Production Facilities of Products Manufactured by Persons with Severe Disabilities)
Notwithstanding the amended provision of the main sentence of Article 16 (1) 1, the following criteria shall apply to the number of persons with disabilities directly participating in the process of producing products manufactured by persons with severe disabilities or providing services from the date when this Decree enters into force until December 31, 2014: | 1. | From the date when this Decree enters into force until December 31, 2012: At least five persons; |
| 2. | From January 1, 2013 until December 31, 2014: At least seven persons. |
ADDENDA <Presidential Decree No. 24681, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Criteria for Designating Production Facilities of Products Manufactured by Persons with Severe Disabilities)
| (1) | Notwithstanding the amended provision of the proviso to Article 16 (1) 2, until December 31, 2014 the former provisions thereof shall apply to criteria for designating a facility producing products manufactured by persons with severe disabilities before this Decree enters into force. |
| (2) | After the designation of a production facility of products manufactured by persons with severe disabilities was revoked pursuant to Article 10 (1) of the Act, where the representative of such production facility applies for the re-designation of a production facility of products manufactured by persons with severe disabilities, which produces the same items, notwithstanding the amended provisions of the proviso to Article 16 (1) 2, the former provisions thereof shall apply to the criteria for designating such. |
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25762, Nov. 20, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 21, 2014.
Article 2 (Special Cases concerning Period for Validity of Designation of Production Facilities)
Notwithstanding the amended provisions of Article 16 (2), the period for validity of the designation of a production facility to which a written designation has been issued pursuant to the former Article 17 (3) before this Decree enters into force, shall be three years from the date when this Decree enters into force. Article 3 (Transitional Measures concerning Designation of Production Facilities)
Notwithstanding the amended provision of Article 17 (2), the former provisions thereof shall apply to cases where a person applied for designation of a production facility pursuant to the former Article 17 (2) before this Decree enters into force. Article 4 (Transitional Measures concerning Written Designation of Production Facilities of Products Manufactured by Persons with Severe Disabilities)
A written designation of a production facility of products manufactured by persons with severe disabilities issued pursuant to the former provisions before this Decree enters into force, shall be deemed a written designation issued pursuant to the amended provision in attached Form 5 until the period of validity prescribed in Article 2 of Addenda expires.
ADDENDA <Presidential Decree No. 26891, Jan. 12, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Standards for Administrative Measures)
Notwithstanding the amended provision of subparagraph 2 (b) of attached Table 1, the former provisions thereof shall apply to administrative measures imposed for offenses before this Decree enters into force.
ADDENDUM <Presidential Decree No. 27390, Jul. 26, 2016>
This Decree shall enter into force on August 4, 2016.
ADDENDA <Presidential Decree No. 28521, Dec. 29, 2017>
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. 29347, Dec. 11, 2018>
This Decree shall enter into force on December 13, 2018: Provided, That the amended provisions of Article 10 (5) shall enter into force on the date of its promulgation.