ACT ON THE GUARANTEE OF CONVENIENCE PROMOTION OF PERSONS WITH DISABILITIES, SENIOR CITIZENS, PREGNANT WOMEN AND NURSING MOTHERS
Act No. 5332, Apr. 10, 1997
Amended by Act No. 5453, Dec. 13, 1997
Act No. 5672, Jan. 21, 1999
Act No. 6916, May 29, 2003
Act No. 7040, Dec. 31, 2003
Act No. 7303, Dec. 31, 2004
Act No. 7382, Jan. 27, 2005
Act No. 7456, Mar. 31, 2005
Act No. 7476, Mar. 31, 2005
Act No. 8852, Feb. 29, 2008
Act No. 8974, Mar. 21, 2008
Act No. 9932, Jan. 18, 2010
Act No. 10220, Mar. 31, 2010
Act No. 11443, May 23, 2012
Act No. 14005, Feb. 3, 2016
Act No. 16257, Jan. 15, 2019
Act No. 16739, Dec. 3, 2019
Act No. 17091, Mar. 24, 2020
The purpose of this Act is to increase participation by persons with disabilities, senior citizens, pregnant women, etc., in social activities and to promote their welfare by ensuring their safe and convenient use of facilities and equipment and their easy access to information in daily life.
[This Article Wholly Amended on Jan. 28, 2015]
The terms used in this Act are defined as follows: <Amended on Jan. 19, 2016>
| 1. | The term "persons with disabilities, etc." means persons with disabilities, senior citizens, pregnant women, etc., who experience inconvenience in traveling, using facilities, accessing information, etc., in daily life; |
| 2. | The term "amenities" means facilities and equipment for persons with disabilities, etc., to travel or use facilities conveniently and to have easy access to information in daily life; |
| 3. | The term "facility owner" means the owner or manger of a target facility (only applicable where a separate person has an obligation to manage the relevant facility) established under Article 7; |
| 4. | The term "agencies in charge of facilities" means the heads of central administrative agencies; the Special Metropolitan City Mayor; Metropolitan City Mayors; Special Self-Governing City Mayors; Do Governors; the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"); the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply); and the superintendents of offices of education who direct and supervise the installation and operation of amenities; |
| 5. | The term "electronic short-term bond, etc" means any of the following items: |
| 6. | The term "public buildings and public facilities" means buildings and facilities prescribed by Presidential Decree, which are buildings, facilities, and appurtenances, used by the general public; |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 3 (Basic Principle of Installation of Amenities) |
The following persons (hereinafter referred to as "facility owner, etc.") shall install amenities for persons with disabilities, etc to travel the shortest distance to public buildings and public facilities by the most convenient means possible when they use the buildings and facilities:
| 2. | A person who is performing procedures, such as filing an application for permission or measures (including consultation under Article 29 of the Building Act) under related statutes including the Building Act, to install a target facility under Article 7. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 4 (Right to Access) |
Persons with disabilities, etc. shall have the right to use facilities and equipment which persons with no disabilities use, on equal terms and to have free access to information, in order to guarantee the right to pursue humane dignity, value, and happiness.
[This Article Wholly Amended on Jan. 28, 2015]
| Article 5 (Relationship to Other Statutes) |
Except as otherwise expressly provided for by this Act, matters concerning amenities shall be governed by other Acts.
[This Article Wholly Amended on Jan. 28, 2015]
| Article 6 (Obligations of State and Local Governments) |
The State and local governments shall formulate a range of policies for persons with disabilities, etc., to use facilities and equipment safely and conveniently and to have access to information in daily life.
[This Article Wholly Amended on Jan. 28, 2015]
| Article 7 (Target Facilities) |
Targets for installing amenities (hereinafter referred to as "target facilities") shall be any of the following, prescribed by Presidential Decree:
| 2. | Public buildings and public facilities; |
| 4. | Telecommunications facilities; |
| 5. | Other buildings, facilities, and appurtenances in which amenities are required to be installed for the convenience of persons with disabilities, etc. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 8 (Standards for Installation of Amenities) |
| (1) | The types of amenities that should be installed in each target facility shall be prescribed by Presidential Decree, based on the scale, purpose, etc., of the target facility. |
| (2) | Detailed standards for the structure, quality of materials, etc., of amenities shall be prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the details of information and the design standards for information display by type of convenience facilities shall be determined together. <Amended on Jan. 15, 2019> |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 9 (Obligations of Facility Owners) |
Where a facility owner, etc. installs a target facility or alters any substantial part thereof (including altering use thereof) prescribed by Presidential Decree, he/she shall install, maintain, and manage amenities complying with standards for installation under Article 8 so that persons with disabilities, etc., may continually use the target facility conveniently. [This Article Wholly Amended on Jan. 28, 2015]
| Article 9-2 (Verification of Compliance with Standards for Installation of Amenities) |
| (1) | Where a facility owner, etc., is performing procedures, such as filing an application for permission or measures (including consultation under article 29 of the Building Act) under related statutes including the Building Act, to install a target facility, an agency in charge of facilities shall verify whether such procedures comply with standards for installing amenities under Article 8 through the review, etc. of drawings and specifications. |
| (2) | Where a target facility fails to comply with standards for installing amenities as a result of verification under paragraph (1), an agency in charge of facilities shall require the facility owner, etc., to complement the facility for a reasonable period specified. |
| (3) | Matters necessary for verifying compliance with standards for installing amenities under paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 9-3 (Performance of Duties to Verify Compliance with Standards for Installation of Amenities on Behalf of Agency in Charge of Facilities) |
| (1) | An agency in charge of facilities may vicariously require a corporation or an organization related to persons with disabilities, prescribed by Ordinance of the Ministry of Health and Welfare to perform duties to verify compliance under Article 9-2 (1). |
| (2) | Matters concerning performing duties to verify compliance under paragraph (1) on behalf of an agency in charge of facilities shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | Executive officers and employees of a corporation or an organization in charge of duties to verify compliance pursuant to paragraph (1), shall be deemed public officials for the purposes of penal provisions under the provisions of Articles 129 through 132 of the Criminal Act. |
[This Article Wholly Amended on Jan. 28, 2015]
[Moved from Article 29 <Jan. 28, 2015>]
| Article 10 (Direction and Supervision over Amenities) |
| (1) | The Minister of Health and Welfare shall preside over affairs concerning installing and operating amenities. |
| (2) | An agency in charge of facilities shall provide direction and exercise supervision necessary for installing and operating amenities with respect to the target facilities under its jurisdiction. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 10-2 (Certification of Absence of Obstacles in Habitats) |
| (1) | The Minister of Health and Welfare and The Minister of Land, Infrastructure and Transport (hereinafter in this Article, and Articles 10-5, 10-6 and 10-7, referred to as the "Minister of Health and Welfare, etc."), may certify the absence of obstacles in the habitats of target facilities (hereinafter referred to as "certification") to encourage installing and operating amenities for persons with disabilities to use target facilities safely and conveniently. |
| (2) | A facility owner who intends to obtain certification for a target facility shall file an application for certification with the Minister of Health and Welfare, etc. |
| (3) | In cases of facilities prescribed by Presidential Decree among public buildings and public facilities, such as government office buildings and cultural facilities built by the State or a local government, the State or the local government shall mandatorily obtain certification for such facilities. |
| (4) | The Minister of Health and Welfare, etc. may designate an institution or organization equipped with necessary professionals and facilities to efficiently conduct affairs concerning certification, as a certification agency and outsource affairs concerning certification thereto. |
| (5) | Criteria and procedures for certification; criteria and procedures for designation of a certification agency; apportionment of expenses for certification; and other matters necessary for operating a certification system under paragraphs (1) through (4), shall be prescribed by Joint Ordinance of the Ministry of Health and Welfare and the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "Joint Ordinance"). |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 10-2 (Certification of Absence of Obstacles in Habitats) |
| (1) | The Minister of Health and Welfare and The Minister of Land, Infrastructure and Transport (hereinafter in this Article, and Articles 10-5 through 10-9, referred to as the "Minister of Health and Welfare, etc."), may certify the absence of obstacles in the habitats of target facilities (hereinafter referred to as "certification") to encourage installing and operating amenities for persons with disabilities to use target facilities safely and conveniently. <Amended on Dec. 3, 2019> |
| (2) | A facility owner who intends to obtain certification for a target facility shall file an application for certification with the Minister of Health and Welfare, etc. In such cases, the owner of a facility may apply for preliminary certification of the details reflected in the design documents, etc. of the relevant target facility before applying for certification. <Amended on Dec. 3, 2019> |
| (3) | In cases of any of the following facilities subject to authentication, he/she shall mandatorily obtain certification (including preliminary certification under the latter part of paragraph (2)): <Amended on Dec. 3, 2019> |
| 1. | Urban parks under subparagraph 3 (a) of Article 2 of the Act on Urban Parks and Green Areas and park facilities under subparagraph 4 of Article 2 of the same Act, among parks designated, certified or built by the State or a local government; |
| 2. | Facilities prescribed by Presidential Decree among public buildings and public facilities such as government buildings, cultural facilities, etc. newly constructed by the State or local government; |
| 3. | Public buildings and public facilities constructed by any person other than the State or a local government, which are prescribed by Presidential Decree in consideration of the scale, purposes of use, etc. of facilities; |
| (4) | The Minister of Health and Welfare, etc. may designate an institution or organization equipped with necessary professionals and facilities to efficiently conduct affairs concerning certification, as a certification agency and outsource affairs concerning certification thereto. |
| (5) | Criteria and procedures for certification; criteria and procedures for designation of a certification agency; apportionment of expenses for certification; and other matters necessary for operating a certification system under paragraphs (1) through (4), shall be prescribed by Joint Ordinance of the Ministry of Health and Welfare and the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "Joint Ordinance"). |
[This Article Newly Inserted on Jan. 28, 2015]
[Enforcement Date: Dec. 4, 2021] Article 10-2
| Article 10-3 (Validity Period of Certification) |
| (1) | Certification shall be valid five years from the date certification is obtained. |
| (2) | Each person who intends to extend the period of validity of certification, shall file an application for extension before the period of validity expires, as prescribed by Joint Ordinance. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 10-3 (Validity Period of Certification) |
| (1) | The period of validity of certification of quality certified foods shall be 10 years from the date certification is issued. <Amended on Dec. 3, 2019> |
| (2) | Each person who intends to extend the period of validity of certification, shall file an application for extension before the period of validity expires, as prescribed by Joint Ordinance. |
[This Article Newly Inserted on Jan. 28, 2015]
[Enforcement Date: Jan. 4, 2021] Article 10-3
| Article 10-4 (Labeling of Certification) |
| (1) | The owner of a target facility who has obtained certification can use a certification mark on the relevant target facility. |
| (2) | No person shall use a certification mark or similar mark on any uncertified facility. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 10-5 (Revocation of Certification) |
Where a facility owner, etc., or a target facility falls under any of the following, the Minister of Health and Welfare, etc., shall revoke certification:
| 1. | Where the person was certified by fraud or other improper means; |
| 2. | Where the target facility fails to comply with criteria for certification under Article 10-2 (5). |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 10-5 (Follow-up Management of Certification) |
| (1) | The Minister of Health and Welfare, etc. may inspect whether a facility subject to certification is maintained and managed in compliance with criteria for certification prescribed in Article 10-2 (5). |
| (2) | If an investigation under paragraph (1) reveals that a target facility that has been maintained and managed in breach of the criteria for certification, the Minister of Health and Welfare, etc. may inform the facility owner of the details thereof and take necessary measures, such as ordering the facility owner to take corrective measures within a specified period. |
| (3) | Procedures and methods, etc. for inspections under paragraph (1), and other necessary matters, shall be prescribed by Ordinance of the Ministry of Environment. |
[This Article Newly Inserted on Dec. 3, 2019]
[Previous Article 10-5 Moved to Article 10-6 <Dec. 3, 2019>]
[Enforcement Date: Dec. 4, 2021] Article 10-5
| Article 10-6 (Revocation of Designation as Certification Agency) |
| (1) | Where a certification agency designated pursuant to Article 10-2 (4) falls under any of the following, the Minister of Health and Welfare, etc. may revoke such designation as a certification agency or order the certification agency to suspend all or part of its business for a fixed period not exceeding one year: Provided, That where the certification agency falls under subparagraph 1 or 5, the Minister of Health and Welfare, etc., shall revoke such designation: |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where it has granted certification, in violation of criteria for certification under Article 10-2 (5); |
| 3. | Where it has failed to meet criteria for certification under Article 10-2 (5); |
| 4. | Where it has failed to conduct affairs concerning certification for at least two consecutive years without just grounds; |
| 5. | Where it has conducted affairs concerning certification during a period of business suspension, in violation of an order to suspend business. |
| (2) | Criteria for administrative measures under paragraph (1) shall be prescribed by Joint Ordinance. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 10-6 (Revocation of Certification) |
The Minister of Health and Welfare, etc., shall revoke certification in any of the following cases: <Amended on Dec. 3, 2019>
| 1. | Where the person was certified by fraud or other improper means; |
| 2. | Where it fails to take measures under Article 10-5 (2) without justifiable grounds, which results in failure to meet criteria for certification under Article 10-2 (5); |
[This Article Newly Inserted on Jan. 28, 2015]
[Moved from Article 10-5; Previous Article 10-6 Moved to Article 10-7 <Dec. 3, 2019>]
[Enforcement Date: Dec. 4, 2021] Article 10-6
Where the Minister of Health and Welfare, etc., intends to revoke certification pursuant to Article 10-5 or to revoke designation as a certification agency pursuant to Article 10-6, he/she shall hold a hearing. [This Article Newly Inserted on Jan. 28, 2015]
| Article 10-7 (Revocation of Designation as Certification Agency) |
| (1) | Where a certification agency designated pursuant to Article 10-2 (4) falls under any of the following, the Minister of Health and Welfare, etc. may revoke such designation as a certification agency or order the certification agency to suspend all or part of its business for a fixed period not exceeding one year: Provided, That where the certification agency falls under subparagraph 1 or 5, the Minister of Health and Welfare, etc., shall revoke such designation: |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where it has granted certification, in violation of criteria for certification under Article 10-2 (5); |
| 3. | Where it has failed to meet criteria for certification under Article 10-2 (5); |
| 4. | Where it has failed to conduct affairs concerning certification for at least two consecutive years without just grounds; |
| 5. | Where it has conducted affairs concerning certification during a period of business suspension, in violation of an order to suspend business. |
| (2) | Criteria for administrative measures under paragraph (1) shall be prescribed by Joint Ordinance. |
[This Article Newly Inserted on Jan. 28, 2015]
[Moved from Article 10-6; Previous Article 10-7 Moved to Article 10-8 <Dec. 3, 2019>]
[Enforcement Date: Dec. 4, 2021] Article 10-7
Where the Minister of Health and Welfare, etc., intends to revoke certification pursuant to Article 10-6 or to revoke designation as a certification agency pursuant to Article 10-7, he/she shall hold a hearing. <Amended on Dec. 3, 2019> [This Article Newly Inserted on Jan. 28, 2015]
[Moved from Article 10-7 <Dec. 3, 2019>]
[Enforcement Date: Dec. 4, 2021] Article 10-8
| Article 10-9 (Preparation and Management of Statistics on Authentication) |
| (1) | The Minister of Health and Welfare, etc. shall prepare and manage statistics concerning certification, such as the current status of certification by object facility, as prescribed by joint ordinance in order to utilize them in facilitating certification and follow-up management pursuant to Article 10-5. |
| (2) | The Minister of Health and Welfare, etc. may request the heads of related organizations and organizations to provide necessary data for the preparation and management of statistics under paragraph (1). In such cases, the head of the authority shall, upon receipt of such request, comply therewith, unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Dec. 3, 2019]
[Enforcement Date: Dec. 4, 2021] Article 10-9
| Article 11 (Surveys on Actual Conditions) |
| (1) | An agency in charge of facilities shall conduct a fact-finding survey on installing amenities to secure basic data for policies to promote amenities, and shall publish the result of the survey. |
| (2) | An agency in charge of facilities shall annually conduct full or sample fact-finding surveys under paragraph (1), and conduct full fact-finding surveys every five years. <Newly Inserted on Feb. 3, 2016> |
| (3) | Details of and procedures for fact-finding surveys, and the scope, methods, etc., of publishing the result of such survey under paragraph (1), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 3, 2016> |
| (4) | An agency in charge of facilities may request a facility owner to submit data to the extent necessary for a fact-finding survey under paragraph (1). In such cases, the facility owner shall comply with such request except in extenuating circumstances. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 12 (Formulation, Implementation, and Report of Plans for Installation) |
| (1) | An agency in charge of facilities shall formulate and implement a plan for installing amenities with respect to facilities under its jurisdiction, in order to facilitate installing amenities. |
| (2) | A plan for installation of amenities under paragraph (1) shall include the following: |
| 1. | Actual conditions of amenities installed in the target facilities and a plan for improvement of such amenities; |
| 2. | A plan for installation of amenities based on the construction, major repairs, and alteration of use of the target facilities; |
| 3. | Publishing standards for installation of the target facilities and amenities; |
| 4. | Other matters prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | An agency in charge of facilities shall submit a plan for installation of amenities under paragraph (1) and the outcomes of implementing such plan to the Minister of Health and Welfare, as prescribed by Presidential Decree. |
| (4) | The Minister of Health and Welfare shall formulate a comprehensive national plan for installation of amenities following deliberation by the Council for Deliberation on Increasing Convenience under Article 12-2, by integrating plans, etc. submitted pursuant to paragraph (3). |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 12-2 (Establishment of Council for Deliberation on Increasing Convenience) |
| (1) | The Council for Deliberation on Increasing Convenience (hereinafter referred to as "Deliberation Council") shall be established in the Ministry of Health and Welfare, to deliberate on important matters concerning increasing convenience of persons with disabilities, etc. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | The Deliberation Council shall deliberate on the following: |
| 1. | Matters concerning basic direction-setting for policy to increase convenience of persons with disabilities, etc.; |
| 2. | Matters concerning formulating a comprehensive national plan to install amenities, which is referred to in Article 12 (4); |
| 3. | Matters concerning system improvement, etc. to guarantee increasing convenience of persons with disabilities, etc.; |
| 4. | Other matters requiring cooperation between relevant ministries to guarantee increasing convenience of persons with disabilities, etc. |
| (3) | Matters necessary for the organization and operation of the Deliberation Council, shall be determined by Presidential Decree. |
[This Article Newly Inserted on Dec. 31, 2003]
| Article 13 (Support for Installation of Amenities) |
| (1) | The State and local governments shall take necessary measures, such as financial and technical support, to mitigate private sectors' burdens from installing amenities and to promote installing the same. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 14 (Promoting Research and Development) |
| (1) | The State and local governments shall formulate policies to promote research and development concerning amenities. |
| (2) | The Minister of Health and Welfare shall prepare and disseminate detailed standard designs of amenities to facilitate installing amenities. In such cases, the detailed standard designs of amenities for buildings shall be deemed the standard design books and drawings prescribed in Article 23 (4) of the Building Act, for the relevant amenities. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 14-2 (Provision of Education) |
| (1) | Where deemed necessary for properly installing amenities and improving awareness of amenities, the Minister of Health and Welfare or an agency in charge of facilities may provide education to employees of architectural offices or facility owners. |
| (2) | The Minister of Health and Welfare or an agency in charge of facilities may outsource education entrusted under paragraph (1) to a related specialized institution, corporation, or organization. |
[This Article Newly Inserted on Jan. 28, 2015]
| Article 15 (Relaxed Application) |
| (1) | When it is impracticable or unreasonable for a facility owner, etc., to install amenities meeting detailed standards (hereinafter in this Article, referred to as "detailed standards") under Article 8 (2), where the installation of amenities falls under any of the following, he/she may establish mitigated standards separate from the detailed standards, and install amenities in accordance with the mitigated standards after obtaining approval from an agency in charge of the facilities: |
| 1. | Where it is impractical to install amenities meeting the detailed standards in light of their structures; |
| 2. | Where the installation of amenities meeting the detailed standards is likely to cause serious danger in light of their safety management; |
| 3. | Where the application of the detailed standards mitigated is deemed more appropriate in light of the use and surrounding circumstances of the target facility; |
| 4. | Other matters prescribed by Presidential Decree. |
| (2) | Where an agency in charge of facilities approves separate standards under paragraph (1), it shall ensure that persons with disabilities, etc., can use amenities without inconvenience. |
| (3) | Procedures for granting approval under paragraphs (1) and (2) and other necessary matters, shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 16 (Provision of Convenience for Using Facilities) |
| (1) | The owner of each public building and public facility frequently used by persons with disabilities, etc., shall make wheel chairs, guidebooks in braille, hearing aids, etc., available to persons with disabilities, etc., to use the relevant facility conveniently. |
| (2) | The scope of public buildings and public facilities in which wheel chairs, guide books in braille, hearing aids, etc., should be provided pursuant to paragraph (1), and the types of items that should be provided, such as wheel chairs, guidebooks in braille, and hearing aids, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | In principle, no user fees shall be charged for using wheel chairs, guidebooks in braille, hearing aids, etc., under paragraph (1); but actual expenses based upon repair costs, etc., may be charged. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 16-2 (Provision of Convenience to Persons with Disabilities) |
Where a person with a disability intends to use public buildings and public facilities prescribed by Presidential Decree, he/she may request a facility owner to provide conveniences, such as a guide service and Korean sign language interpretation. In such cases, the facility owner shall comply with such request except in extenuating circumstances. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Jan. 28, 2015]
| Article 17 (Parking Spaces Reserved for Persons with Disabilities) |
| (1) | A facility owner, etc., shall provide parking spaces reserved for persons with disabilities in the relevant target facility in accordance with statutes related to parking lots and with standards for installing amenities under Article 8. |
| (2) | The Minister of Patriots and Veterans Affairs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, shall issue a parking tag for parking spaces reserved for persons with disabilities, which indicates permission to park a motor vehicle in parking spaces reserved for persons with disabilities, where a person with a walking disability files an application for such permit. |
| (3) | Where a person for whom a parking tag for parking spaces reserved for persons with disabilities has been issued pursuant to paragraph (2), uses such permit for unlawful purposes, such as transferring or renting such permit, the Minister of Patriots and Veterans Affairs, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, may withdraw such permit or restrict the re-issuance thereof. |
| (4) | No person shall park a motor vehicle without a parking tag for parking spaces reserved for persons with disabilities under paragraph (2), in parking spaces reserved for persons with disabilities. The foregoing shall also apply where a person with a walking disability is not aboard a motor vehicle with a parking tag for parking spaces reserved for persons with disabilities. |
| (5) | No person shall interfere with parking, by stockpiling goods on parking spaces reserved for persons with disabilities or blocking the passage thereto. |
| (6) | An agency in charge of facilities may require public officials under its jurisdiction, such as public officials related to welfare or traffic, to block motor vehicles parked in parking spaces reserved for persons with disabilities, in violation of paragraph (4). |
| (7) | Persons eligible for and procedures for issuing a parking tag for parking spaces reserved for persons with disabilities under paragraph (2), criteria and procedures for withdrawal and restriction of re-issuance under paragraph (3), criteria defining interference with parking under paragraph (5), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 18 Deleted. <Dec. 31, 2003> |
| Article 19 Deleted. <Dec. 31, 2003> |
| Article 20 Deleted. <Dec. 31, 2003> |
| Article 21 Deleted. <Dec. 31, 2003> |
| Article 22 (Request for Submission of Data and Examination) |
| (1) | The Minister of Health and Welfare or an agency in charge of facilities may request facility owners to submit data related to installing and operating amenities or require public officials under its jurisdiction to examine whether amenities installed meet standards for installing amenities under Article 8. In such cases, the facility owners shall comply with such request except in extenuating circumstances. |
| (2) | A public official conducting an examination pursuant to paragraph (1) shall carry an identity card indicating his/her authority and present it to related persons. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 23 (Corrective Orders) |
| (1) | Where a target facility violates this Act, an agency in charge of facilities may require the owner of such facility to take necessary measures, such as installing, managing, repairing, or improving amenities to meet requirements under this Act, within a fixed period, as prescribed by Presidential Decree. <Amended on Feb. 3, 2016> |
| (2) | The Minister of Health and Welfare may request an agency in charge of facilities to take corrective measures, such as installing, managing, repairing, or improving amenities for the target facilities under its jurisdiction; and the agency in charge of facilities shall comply with such request except in extenuating circumstances. <Amended on Feb. 3, 2016> |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 24 (Charges for Compelling Compliance) |
| (1) | An agency in charge of facilities shall impose compulsory performance fine not exceeding 30 million won on a facility owner who fails to fulfill an order to take corrective action within a period after receiving such order pursuant to Article 23 (1), based on expenses, etc., for installing amenities. |
| (2) | Amounts, etc., of compulsory performance fines, based on the types of violations and the degrees of violations subject to imposing compulsory performance fines pursuant to paragraph (1), shall be prescribed by Presidential Decree. |
| (3) | An agency in charge of facilities shall give prior written notification that it will impose and collect a compulsory performance fine under paragraph (1) before imposing said fine under paragraph (1). |
| (4) | When an agency in charge of facilities imposes a compulsory performance fine under paragraph (1), it shall impose such fine in writing, stating the following: |
| 1. | Amount of a compulsory performance fine; |
| 2. | Grounds for imposing a fine; |
| 4. | Receiving institution; |
| 5. | Methods of raising objections; |
| 6. | Agency with which objections are filed. |
| (5) | An agency in charge of facilities may impose and collect a compulsory performance fine under paragraph (1), consecutively until an order to take corrective action is fulfilled, once annually from the date such order to take corrective action is first issued. |
| (6) | If a person in receipt of an order to take corrective action pursuant to Article 23 (1) fulfills such order, an agency in charge of facilities shall immediately suspend imposing another further compulsory performance fine, but collect a compulsory performance fine already imposed. |
| (7) | Where a person in receipt of notification of a compulsory performance fine imposed pursuant to paragraph (4), fails to pay the compulsory performance fine by the payment deadline, an agency in charge of facilities shall collect such fine in accordance with precedents of collecting unpaid national taxes or pursuant to the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020> |
[This Article Wholly Amended on Jan. 28, 2015]
[Moved from Article 28 <Jan. 28, 2015>]
| Article 25 (Penalty Provisions) |
A person violating Article 9 (1), who fails to fulfil an order to take corrective action within a period after receiving such order under Article 23 (1), shall be punished by a fine not exceeding five million won. [This Article Wholly Amended on Jan. 28, 2015]
| Article 26 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 25, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on May 23, 2012]
| Article 27 (Administrative Fine) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding two million won: <Amended on Feb. 3, 2016> |
| 1. | A person who obtains certification by fraud or other wrongdoing means, or who uses a certification mark or similar mark, in violation of Article 10-4 (2); |
| 2. | A person who fails to comply with a request for submitting data or presents false data, or who refuses, avoids, or interferes with an examination under Articles 11 (4) and 22 (1); |
| 3. | A person failing to provide wheel chairs, guidebooks in braille, hearing aids, etc., under Article 16 (1), who fails to fulfil an order to take corrective action under Article 23 (1), within a period after receiving such order; |
| 4. | A person failing to comply with a request for the provision of convenience under Article 16-2, who fails to comply with an order to take corrective action under Article 23 (1) within a period after receiving such order. |
| (2) | An administrative fine not exceeding one million won shall be imposed on a person who interferes with parking, in violation of Article 17 (5). |
| (3) | An administrative fine not exceeding 200,000 won shall be imposed on a person who parks a motor vehicle falling under any of the following, in parking spaces reserved for persons with disabilities, in violation of Article 17 (4): |
| 1. | A motor vehicle without a parking tag for parking spaces reserved for persons with disabilities; |
| 2. | A motor vehicle with a parking tag for parking spaces reserved for persons with disabilities, in which no person with a walking disability is aboard. |
| (4) | An agency in charge of facilities imposes and collects administrative fines under paragraphs (1) through (3), types of violations regarding which administrative fines are imposed, amounts of administrative fines depending on the degree of violation, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 28, 2015]
| Article 27 (Administrative Fine) |
| (1) | A person who falls under any of the following subparagraphs shall be subject to an administrative fine not exceeding two million won: <Amended on Feb. 3, 2016; Dec. 3, 2019> |
| 1. | A person who has obtained certification in a false or fraudulent way, or has not obtained certification in violation of Article 10-2 (3); |
| 2. | A person who places a mark of authentication or a mark similar thereto, in violation of Article 10-4 (2); |
| 3. | A person who fails to comply with a request for submitting data or presents false data, or who refuses, avoids, or interferes with an examination under Articles 11 (4) and 22 (1); |
| 4. | A person failing to provide wheel chairs, guidebooks in braille, hearing aids, etc., under Article 16 (1), who fails to fulfil an order to take corrective action under Article 23 (1), within a period after receiving such order; |
| 5. | A person failing to comply with a request for the provision of convenience under Article 16-2, who fails to comply with an order to take corrective action under Article 23 (1) within a period after receiving such order. |
| (2) | An administrative fine not exceeding one million won shall be imposed on a person who interferes with parking, in violation of Article 17 (5). |
| (3) | An administrative fine not exceeding 200,000 won shall be imposed on a person who parks a motor vehicle falling under any of the following, in parking spaces reserved for persons with disabilities, in violation of Article 17 (4): |
| 1. | A motor vehicle without a parking tag for parking spaces reserved for persons with disabilities; |
| 2. | A motor vehicle with a parking tag for parking spaces reserved for persons with disabilities, in which no person with a walking disability is aboard. |
| (4) | An agency in charge of facilities imposes and collects administrative fines under paragraphs (1) through (3), types of violations regarding which administrative fines are imposed, amounts of administrative fines depending on the degree of violation, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 28, 2015]
[Enforcement Date: Dec. 4, 2021] Article 27
[Previous Article 28 Moved to Article 24 <Jan. 28, 2015>]
[Previous Article 29 Moved to Article 9-3 <Jan. 28, 2015>]
ADDENDA <Act No. 5332, Apr. 10, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Installing Amenities)
| (1) | The provisions of Article 33 of the previous Welfare of Disabled Persons Act, shall apply to installing amenities for the target facilities for which administrative procedures are pending for installing and altering the target facilities, such as applying for a building permit or construction works is in progress for the purposes of Article 33 of the previous Welfare of Disabled Persons Act as at the time this Act enters into force. |
| (2) | Of the target facilities installed before this Act enters into force, those determined by Presidential Decree shall install amenities as prescribed by Presidential Decree, within the period of between two and seven years from the date this Act enters into force: Provided, That in such cases, due attention shall be paid to avoid imposing an undue burden on the owners of the target facilities. |
| (3) | The provisions of Articles 23, 25 and 28 shall apply mutatis mutandis to facility owners that violate the provisions of Article 2. |
Article 3 Omitted.
ADDENDA <Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted).
Article 2 Omitted.
ADDENDUM <Act No. 5672, Jan. 21, 1999>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 27 (3) shall enter into force on June 1, 1999.
ADDENDA <Act No. 6916, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 7040, Dec. 31, 2003>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 18 through 21, the amended provisions of Article 28 (8) through (10) and provisions of paragraph (2) of the Addenda, shall enter into force on January 1, 2004. |
ADDENDA <Act No. 7303, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 7382, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 7456, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7476, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 11443, May 23, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13109, Jan. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Verifying Compliance with Standards for Installation of Amenities)
The amended provisions of Article 9-2 shall apply beginning with cases where a facility owner, etc., initiates procedures, such as filing an application for permission or measures (including consultation under Article 29 of the Building Act) under related statutes including the Building Act, to install a target facility, as at the time this Act enters into force. Article 3 (Transitional Measures concerning Certification of Absence of Obstacles in Habitats)
Certification of the absence of obstacles in habitats, obtained from the Minister of Health and Welfare and the Minister of Land, Infrastructure and Transport before this Act enters into force, shall be deemed certification obtained pursuant to the amended provisions of Article 10-2 (1). In such cases, the period of validity of such certification of the absence of obstacles in habitats shall be deemed the period of validity of certification. Article 4 (Transitional Measures concerning Parking Tags for Parking Spaces Reserved for Persons with Disabilities)
A person to whom a tag for a motor vehicle for persons with disabilities, which indicates eligibility to park the motor vehicle in parking spaces reserved for persons with disabilities, has been issued pursuant to the former provisions as at the time this Act enters into force, shall obtain a parking tag for parking spaces reserved for persons with disabilities under the amended provisions of Article 17 within one and a half years after this Act enters into force. Article 5 Omitted.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 13978, Feb. 3, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 14005, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16257, Jan. 15, 2019>
This Act shall enter into force two years after the date of its promulgation.
ADDENDA <Act No. 16739, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation.
Article 2 (Transitional Measures concerning Certification of Absence of Obstacles in Habitats)
| (1) | The amended provisions of Article 10-2 (3) 1 shall begin to apply from the first park building plan formulated under Article 16 of the Act on Urban Parks and Green Areas after this Act enters into force. |
| (2) | The amended provisions of Article 10-2 (3) 3 shall begin to apply from the first case where an application for building permission is filed under related statutes or regulations, such as the Building Act, after this Act enters into force. |
Article 3 (Applicability to Extension of Expiration Date of Certification)
The amended provisions of Article 10-3 (1) shall also apply to facilities subject to certification in accordance with the previous provisions at the time this Act enters into force and for which the validity period has not expired.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.