ENFORCEMENT DECREE OF THE ACT ON ACTIVITY ASSISTANT SERVICES FOR PERSONS WITH DISABILITIES
Presidential Decree No. 23049, Jul. 28, 2011
Amended by Presidential Decree No. 23264, Oct. 26, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24262, Dec. 27, 2012
Presidential Decree No. 26121, Feb. 26, 2015
Presidential Decree No. 27616, Nov. 29, 2016
Presidential Decree No. 27701, Dec. 27, 2016
Presidential Decree No. 29626, Mar. 19, 2019
Presidential Decree No. 30106, Oct. 8, 2019
| Article 2 (Scope of Person Obligated to Support) |
| Article 3 (Matters to Be Deliberated regarding Activity Support Project) |
"Important matters prescribed by Presidential Decree" in subparagraph 4 of Article 4 of the Act means the following: <Amended by Presidential Decree No. 27701, Dec. 27, 2016> | 1. | Matters regarding significant policies and systems for activity support projects; |
| 2. | Matters regarding an adequate supply of institutions providing activity support services and personnel providing activity support services. |
| Article 4 (Eligibility to Apply for Activity Support Allowance) |
| (1) | Deleted. <by Presidential Decree No. 29626, Mar. 19, 2019> |
| (2) | "Persons who ... are at or over the age prescribed by Presidential Decree" in the main sentence of subparagraph 2 of Article 5 of the Act means persons who are six years of age or older. |
| (3) | "Case prescribed by Presidential Decree" in subparagraph 3 of Article 5 of the Act means any of the following cases: <Amended by Presidential Decree No. 27616, Nov. 29, 2016> |
| 4. | Other cases where the Minister of Health and Welfare deems that a person received any allowances similar to activity support allowances under other statutes or regulations. |
| Articles 5 through 7 Deleted. <by Presidential Decree No. 29626, Mar. 19, 2019> |
| Article 8 (Matters to Be Deliberated on by Deliberation Committee on Entitlement to Activity Support for Persons with Disabilities) |
A deliberation committee on entitlement to activity support for persons with disabilities (hereinafter referred to as "committee") established under Article 8 (1) of the Act shall deliberate on the following: <Amended by Presidential Decree No. 27701, Dec. 27, 2016> | 1. | Matters regarding the recognition of entitlement to activity support allowances (hereinafter referred to as "entitlement"); |
| 2. | Matters regarding the class of activity support; |
| 3. | Matters regarding the extension of the period of validity of a decision on entitlement under Article 15 (2); |
| 5. | Other matters referred by the chairperson to meetings of the committee regarding the recognition of entitlement, classes of activity support, etc. |
| Article 9 (Operation of Committee) |
| (1) | The chairperson of a committee shall represent the committee and exercise general supervision over its affairs. |
| (2) | When the chairperson of the committee becomes unable to perform the duties due to any unavoidable reason, a member designated by the chairperson shall perform such duties on behalf of the chairperson. |
| (3) | The committee shall have one executive secretary to manage the affairs and such executive secretary shall be appointed by the chairperson from among public officials in charge of the welfare of persons with disabilities who belong to a Special Self-Governing City, a Special Self-Governing Province, or a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) or from among the employees of entrusted institutions referred to in Article 28. <Amended by Presidential Decree No. 27701, Dec. 27, 2016> |
| Article 10 (Meetings of Committee) |
| (1) | The chairperson of a committee shall convene and preside over meetings of the committee. |
| (2) | The committee may require related public officials or related experts to attend meetings to hear opinions when deemed necessary to perform the affairs. |
| (3) | Allowances, travel expenses or other expenses may be paid to a member, a related public official, or a related expert who attends meetings of the committee within budgetary limits: Provided, That the same shall not apply where a member who is a public official attends meetings in direct connection with his or her duties. |
| Article 11 (Disqualification of, Challenge to, or Refrainment by Member) |
| (1) | A member of a committee shall be disqualified from deliberation on the relevant application in any of the following cases: <Amended by Presidential Decree No. 29626, Mar. 19, 2019> |
| 2. | Where the member is or was a relative of an applicant; |
| 3. | Where the member has direct interest in the relevant application. |
| (2) | Where an applicant has a reason to believe that he or she can hardly expect impartiality from a member of a committee in deliberation, such applicant may file an application for challenge to such member. |
| (3) | Where a member discovers that he or she is subject to disqualification or challenge on any ground referred to in paragraph (1) or (2), such member may voluntarily refrain from deliberation on the relevant application. |
| Article 12 (Operating Rules of Committee) |
Except as provided in Articles 9 through 11, matters necessary to operate a committee shall be determined by the chairperson following its resolution.
| Article 13 (Method for Organization of Consolidated Committee) |
Where one committee is to be established by consolidating two or more of the Special Self-Governing City, the Special Self-Governing Province, and Sis/Guns/Gus under the proviso of Article 8 (4) of the Act, with the exception of its subparagraphs, the members of such committee shall be appointed or commissioned jointly by the relevant Special Self-Governing City Mayor, the relevant Special Self-Governing Province Governor, and the head of the relevant Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) from among the persons referred to in the subparagraphs of Article 8 (4) of the Act following consultations with each other. <Amended by Presidential Decree No. 27701, Dec. 27, 2016; Presidential Decree No. 29626, Mar. 19, 2019>
| Article 14 (Standards for Deliberation on Entitlement) |
A committee shall deliberate on entitlement and the class of activity support of an applicant under Article 9 (2) of the Act, in consideration of the following: | 2. | Results of an examination of the mental and physical state of the applicant, the need for activity support, etc., other than the matter referred to in subparagraph 1. |
[This Article Wholly Amended by Presidential Decree No. 29626, Mar. 19, 2019]
| Article 15 (Period of Validity of Decision on Entitlement) |
| (1) | The period of validity of a decision on entitlement under the main sentence of Article 12 (1) of the Act shall be three years. <Amended by Presidential Decree No. 29626, Mar. 19, 2019> |
| (2) | The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may extend the period of validity prescribed in paragraph (1) by up to one year in consideration of the matters referred to in the subparagraphs of Article 32-4 (2) of the Act on Welfare of Persons with Disabilities. <Amended by Presidential Decree No. 27701, Dec. 27, 2016; Presidential Decree No. 29626, Mar. 19, 2019> |
| Article 16 (Renewal of Entitlement) |
Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives an application for renewal of entitlement under Article 13 (1) of the Act, he or she may exempt the following matters from a comprehensive survey for providing services under the proviso of Article 13 (3) of the Act: <Amended by Presidential Decree No. 27701, Dec. 27, 2016; Presidential Decree No. 29626, Mar. 19, 2019> | 3. | Deleted. <by Presidential Decree No. 29626, Mar. 19, 2019> |
| Article 17 (Change of Class of Activity Support) |
Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu receives an application for changing the class of activity support filed under Article 14 (1) of the Act, he or she may exclude the following matters from an inspection under the proviso of Article 14 (2) the Act: <Amended by Presidential Decree No. 27701, Dec. 27, 2016; Presidential Decree No. 29626, Mar. 19, 2019>
| Article 18 (Period of Prohibition of Re-Designation of Institution Providing Activity Support Services) |
"Period prescribed by Presidential Decree" in Article 24 (4) of the Act means one year. <Amended by Presidential Decree No. 27701, Dec. 27, 2016>
| Article 18-2 (Criteria for Imposition of Penalty Surcharges) |
| (2) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu imposes a penalty surcharge under Article 24-2 of the Act, he or she shall give a written notice indicating that such penalty surcharge shall be paid, specifying the type of the relevant offense, the amount of the penalty surcharge, etc. |
| (3) | A person in receipt of a notice under paragraph (2) shall pay a penalty surcharge to a collecting agency determined by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu within 20 days from the date of receipt of such notice: Provided, That when the person is unable to pay the penalty surcharge within the period due to natural disasters or any other unavoidable reason, he or she shall pay it within seven days from the date when the relevant reason ceases to exist. |
| (4) | A collecting agency that has received a penalty surcharge under paragraph (3) shall issue a receipt to the payer and shall, without delay, notify the payment to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. |
[This Article Newly Inserted by Presidential Decree No. 27701, Dec. 27, 2016]
| Article 19 (Scope of Personnel Providing Activity Support Services) |
Personnel providing activity support services for each type of activity support allowance under Article 26 of the Act shall be the following persons: <Amended by Presidential Decree No. 29626, Mar. 19, 2019> | 2. | Personnel providing activity support services who render visiting bathing services under Article 16 (1) 2 of the Act: A person with a license for Grade I caregiver under Article 39-2 of the Welfare of Older Persons Act; |
| 3. | Personnel providing activity support services who offer visiting nursing services under Article 16 (1) 3 of the Act: Any of the following persons: |
| Article 20 (Qualifications for Activity Assistant) |
| 1. | A caregiver under Article 39-2 of the Welfare of Older Persons Act; |
| Article 20-2 (Inquiries about Criminal Records) |
| (1) | The head of an institution providing activity support services who intends to inquire about criminal records pursuant to Article 29-2 (1) of the Act shall submit a written request therefor to the commissioner of the competent district police agency or the head of the competent police station. In such cases, he or she shall attach a written consent of his or her personnel providing activity support services. |
| (2) | The commissioner of a district police agency or the head of a police station in receipt of a request for an inquiry about criminal records under paragraph (1) shall verify whether a person who intends to be personnel providing activity support services falls under subparagraph 4 or 5 of Article 29 of the Act and shall provide a reply to the head of the relevant institution providing activity support services. |
| (3) | Matters regarding a written request for an inquiry about criminal records and a written consent under paragraph (1), a form of reply made under paragraph (2), and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted by Presidential Decree No. 27701, Dec. 27, 2016]
| Article 21 (Cases Where Activity Support Allowance May Be Provided to Recipient Who Is Family Member) |
"Cases prescribed by Presidential Decree" in the proviso of Article 30 (3) of the Act means any of the following cases where the Minister of Health and Welfare deems that it is impracticable for a recipient to receive an activity support allowance from any personnel providing activity support services other than his or her family member: <Amended by Presidential Decree No. 27701, Dec. 27, 2016> | 1. | Where the recipient is domiciled in an area determined by the Minister of Health and Welfare, such as an island or a remote place, which lacks institutions providing activity support services; |
| 2. | Where any natural disaster occurs or any reason equivalent thereto exists; |
| Article 22 (Institution Entrusted with Payment of Costs for Activity Support Allowance) |
| Article 23 (Standards for Calculation of Principal’s Apportionment) |
| (1) | Standards of living of a recipient and the person obligated to support such recipient, such as income or property, under Article 33 (1) of the Act shall be determined based on the following amounts: <Amended by Presidential Decree No. 29626, Mar. 19, 2019> |
| 1. | Where the recipient is an employee insured or a self-employed insured who is the head of a household: An amount calculated by aggregating the monthly insurance contributions (hereinafter referred to as "insurance contributions") under Article 62 of the National Health Insurance Act paid by the recipient and his or her spouse; |
| 2. | Where the recipient is not an employee insured or a self-employed insured who is the head of a household: An insurance contribution paid by the person obligated to support. |
| (2) | An insurance contribution under the subparagraphs of paragraph (1) shall be the amount paid in the month preceeding the month in which the date an applicant files an application for an activity support allowance pursuant to Article 6 (1) of the Act falls. |
| Article 24 (Collection of Wrongfully-Paid Allowance) |
| (1) | Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to collect an activity support allowance or an amount equivalent to costs for such activity support allowance under Article 35 (1) of the Act (hereinafter referred to as "wrongfully-paid allowance"), he or she shall notify the person who has received such wrongfully-paid allowance of the reasons for collection, the amount to be collected, the deadline for payment, collecting agencies, methods for raising an objection, etc. <Amended by Presidential Decree No. 27701, Dec. 27, 2016> |
| (2) | The deadline for payment referred to in paragraph (1) shall be within at least 30 days from the date of notification of payment. |
| (3) | Where any collecting agency referred to in paragraph (1) receives the amount to be collected, it shall, without delay, notify the details thereof to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu. <Amended by Presidential Decree No. 27701, Dec. 27, 2016> |
| Article 25 (Interest on Wrongfully-Paid Allowance) |
"Interest prescribed by Presidential Decree" in the proviso of Article 35 (1) of the Act, with the exception of its subparagraphs, means the interest calculated by applying the interest rate on a three-year term deposit (referring to the interest rate calculated by averaging interest rates applied by banks operating nationwide established pursuant to the Banking Act as of January 1 of the relevant year). In such cases, the period for calculating interest shall be from the month in which the date of receipt of a wrongfully-paid allowance falls to the month preceding the month in which the date of collection of such allowance falls, and the amount of interest accrued thereafter shall be calculated by including the interest reckoned on a yearly basis for the wrongfully-paid allowance.
Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to write off any amount pursuant to Article 35 (4) of the Act, he or she shall investigate or verify the location of a debtor or whether such debtor has any property: Provided, That the same shall not apply where the amount to be collected is less than one hundred thousand won. <Amended by Presidential Decree No. 27701, Dec. 27, 2016>
| Article 27 (Urgent Activity Support) |
| (1) | Where it is deemed that an applicant is in urgent need of support because such applicant is a person with severe disabilities, meets all the requirements referred to in subparagraphs 2 and 3 of Article 5 of the Act, and falls under any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may provide such applicant with social welfare services equivalent to activity support allowances (hereinafter referred to as "urgent activity support") before notifying a decision on entitlement to activity support under Article 11 of the Act: <Amended by Presidential Decree No. 27701, Dec. 27, 2016; Presidential Decree No. 29626, Mar. 19, 2019> |
| 1. | Where the applicant has no family members as they died, absconded, disappeared, or are held in a detention facility; |
| 2. | Where the applicant has suffered damage from a natural disaster, fire, or any other accident; |
| (2) | Matters necessary for urgent activity support, such as application for urgent activity support and notification of a decision, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 27-2 Deleted. <by Presidential Decree No. 27701, Dec. 27, 2016> |
| Article 28 (Entrustment of Duties Related to Activity Support Project) |
| (2) | The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu shall entrust the following duties to the Service pursuant to Article 38 (2) of the Act: <Amended by Presidential Decree No. 27701, Dec. 27, 2016> |
| 1. | and 2. Deleted; <by Presidential Decree No. 29626, Mar. 19, 2019> |
| 3. | Investigating the matters to be deliberated on by a committee and supporting the operation of the committee under Articles 8 and 9 of the Act; |
| 5. | Providing information on applications for the renewal of entitlement filed under Article 13 of the Act and supporting the receipt of such applications; |
| 6. | Managing information on institutions providing activity support services and offering such information under Article 21 of the Act; |
| 7. | Evaluating institutions providing activity support services and disclosing the results of such evaluation under Article 25 (1) of the Act; |
| 11. | Conducting an investigation for urgent activity support under Article 27; |
| 12. | Establishing and operating the information system on activity support for persons with disabilities under Article 30; |
| 13. | Supporting recipients such as the provision of information and counseling; |
| 14. | Conducting research, a study, or publicity activities regarding activity support projects. |
| Article 29 (Cost Bearing) |
The ratio of costs for activity support projects borne by the State and local governments under Article 39 (1) of the Act shall be as specified in attached Table 1 of the Enforcement Decree on the Subsidy Management Act. <Amended by Presidential Decree No. 23264, Oct. 26, 2011>
| Article 30 (Duties Performed by Using Information System on Activity Support for Persons with Disabilities) |
The Minister of Health and Welfare shall establish and operate the information system on activity support for persons with disabilities under Article 40 of the Act to perform the following duties: <Amended by Presidential Decree No. 29626, Mar. 19, 2019> | 2. | Collecting, managing and processing information on applications filed under Articles 6, 13, and 14 of the Act and providing such information to local governments and relevant institutions; |
| 3. | Recording and managing the current status of recipients, institutions providing activity support services, personnel providing activity support services, and persons who have completed an educational course at an educational institution for activity assistants; |
| 4. | Producing, analyzing, and providing statistics necessary for activity support projects; |
| 5. | Projects related to the establishment of computer networks necessary to perform the duties referred to in subparagraphs 1 through 4. |
| Article 30-2 (Processing of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs regarding the establishment and operation of the information system on activity support for persons with disabilities under Article 40 of the Act; |
| (2) | A Mayor/Do Governor or the head of a Si/Gun/Gu (including persons to whom the relevant authority or duties are delegated or entrusted pursuant to Article 31 (3) or 38 of the Act, Article 32-5 (1) of the Act on Welfare of Persons with Disabilities, or municipal ordinances or rules) may process data containing personal information under paragraph (1), with the exception of its subparagraphs, if inevitable to perform the following affairs: <Amended by Presidential Decree No. 26121, Feb. 26, 2015; Presidential Decree No. 27701, Dec. 27, 2016; Presidential Decree No. 29626, Mar. 19, 2019> |
| 2. | Deleted; <by Presidential Decree No. 29626, Mar. 19, 2019> |
| 6. | Affairs regarding the limitation or suspension of activity support allowances under Article 19 of the Act; |
| 7. | Affairs regarding the provision of emergency safety services for activity support under Article 19-2 of the Act; |
| 8. | Affairs regarding the designation of institutions providing activity support services under Article 20 of the Act; |
| 9. | Affairs regarding the designation of educational institutions for activity assistants under Article 28 of the Act; |
| 14. | Affairs regarding urgent activity support under Article 27. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 31 (Criteria for Imposition of Administrative Fines) |
Criteria for imposing administrative fines under Article 49 of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 27701, Dec. 27, 2016>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on October 5, 2011.
Article 2 (Special Cases concerning Persons with Severe Disabilities Who Receive Activity Support Services under the Previous Act on Welfare of Persons with Disabilities) Article 3 Omitted.
ADDENDA <Presidential Decree No. 23264, Oct. 26, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 26, 2011.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24262, Dec. 27, 2012>
This Decree shall enter into force on January 1, 2013.
ADDENDUM <Presidential Decree No. 26121, Feb. 26, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 4 (1) shall enter into force on June 1, 2015.
ADDENDA <Presidential Decree No. 27616, Nov. 29, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 2, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27701, Dec. 27, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2016.
Article 2 (Applicability to Matters to Be Deliberated on by Deliberation Committee on Entitlement to Activity Support for Persons with Disabilities)
The amended provisions of subparagraph 4 of Article 8 shall begin to apply to an objection filed pursuant to Article 36 (1) of the Act after this Decree enters into force.
ADDENDUM <Presidential Decree No. 29626, Mar. 19, 2019>
This Decree shall enter into force on July 1, 2019.
ADDENDA <Presidential Decree No. 30106, Oct. 8, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.