ACT ON GUARANTEE OF RIGHTS OF AND SUPPORT FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
Act No. 12618, May 20, 2014
Amended by Act No. 12844, Nov. 19, 2014
Act No. 13664, Dec. 29, 2015
Act No. 14224, May 29, 2016
Act No. 14324, Dec. 2, 2016
Act No. 14839, Jul. 26, 2017
Act No. 16736, Dec. 3, 2019
Act No. 17200, Apr. 7, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to facilitate social engagement of persons with developmental disabilities, protect their rights, and contribute to the betterment of their lives as human beings by providing necessary matters to ensure that opinions of persons with developmental disabilities are respected to the maximum extent possible, that assistance is rendered appropriate for their special conditions and needs for welfare according to their life cycle, and that their rights are advocated systematically and effectively.
The terms used in this Act are defined as follows:
| (a) | Person with a intellectual disability: A person who has considerable difficulty managing his or her own activities and adapting to social life due to permanent retardation of mental development and insufficient or incomplete development of intellectual ability; |
| (b) | Person with autistic disorder: A person who needs another person's aid because of considerable impediments in his or her daily life or social life due to a disorder in functions and capabilities for language, bodily expression, self-control, and social adaptation, caused by childhood autism or atypical autism; |
| (c) | Other persons specified by Presidential Decree as those who have considerable impediments in their daily lives or social lives because of lack or significant retardation of ordinary development; |
| 2. | "Guardian" means any of the following persons: |
| (b) | The guardian of an adult with a developmental disability; |
| (d) | A person designated by the head of the relevant local government as the guardian of an adult with a development disability (limited to the period until a guardian referred to in item (b) is appointed), if he or she has no guardian prescribed in item (b) or (c). |
| Article 3 (Rights of Persons with Developmental Disabilities) |
| (1) | In principle, every person with a developmental disability has a right to make judgment and decisions independently with regard to matters related to his or her body and property. |
| (2) | Every person with a developmental disability has a right to receive assistance as necessary for understanding matters that have legal and factual effects on him or her and expressing his or she opinions freely. |
| (3) | Every person with a developmental disability has a right to express his or her views and opinions in the process of formulating policies related to him or her. |
| Article 4 (Responsibility of the State and Local Governments) |
| (1) | The State and local governments shall take measures necessary for diagnosing disabilities as early as possible and rendering assistance so as to promote proper development of persons with developmental disabilities and facilitate social integration. |
| (2) | The State and local governments shall render assistance in research and surveys to formulate plans for alleviating disabilities of persons with developmental disabilities and for improving their functions, and shall take measures necessary to improve the level of welfare for persons with developmental disabilities and mitigate their families' burden of daily rearing. |
| (3) | The State and local governments shall render assistance necessary to advocate the rights and interests of persons with developmental disabilities to ensure that they are not discriminated against on grounds of disabilities, and that their rights are not infringed. |
| (4) | The State and local governments shall actively publicize welfare programs that persons with developmental disabilities and their families can use and shall formulate policies necessary to help citizens gain a correct understanding of persons with developmental disabilities. |
| (5) | The State and local governments may secure human resources and a budget necessary for efficiently fulfilling the responsibilities prescribed in paragraphs (1) through (4). |
| Article 5 (Responsibilities of Citizens) |
Every citizen shall respect personalities of persons with developmental disabilities and shall cooperate in improving their welfare on the basis of the notion of social integration.
| Article 6 (Surveys on Actual Conditions) |
| (1) | The Minister of Health and Welfare shall conduct a fact-finding survey on persons with developmental disabilities and their families every three years so as to obtain basic data for ascertaining actual conditions of persons with developmental disabilities and for formulating welfare policies. |
| (3) | Matters necessary for the methods, targets, scope, etc. of the fact-finding survey referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 7 (Relationship to Other Statutes) |
With regard to the matters provided for by this Act concerning the protection of rights of persons with developmental disabilities and welfare assistance, this Act shall prevail over other Acts.
CHAPTER II GUARANTEE OF RIGHTS
| Article 8 (Guarantee of Right of Self-Determination) |
| (1) | Every person with a developmental disability shall independently determine his or her dwelling, consent to or reject medical services, communicate with others, decide whether to use welfare services, and choose the type of service. |
| (2) | No one shall judge the ability of a person with a developmental disability to make a decision without providing him or her with sufficient information and assistance necessary for making a decision. |
| (3) | Notwithstanding paragraphs (1) and (2), if a reasonable ground exists to decide that a person with a developmental disability lacks ability to make a decision independently, his or her guardian may assist him or her in making a decision. In such cases, the guardian shall ensure that the decision is made in the best interest of the person with a developmental disability. |
| Article 9 (Assistance in Use of Adult Guardianship) |
| (1) | If the head of a local government finds that an adult with a developmental disability falls under any of the following cases and that it is impracticable for him or her to appoint a guardian independently, although he or she needs to do so, the head of the relevant local government may file a petition for the commencement of adult guardianship or limited guardianship, or for adjudication on specific guardianship, with the family court in accordance with the Civil Act: |
| 1. | Where there is a good reason to believe that he or she requires an agent or assistant to act on behalf of or assist him or her in decision-making due to inadequate or little capacity for his or her daily decision-making; |
| 2. | Where a person with a developmental disability has no family member to represent his or her rights properly; |
| 3. | Where it is very likely that his or her rights will be infringed unless a separate action is taken. |
| (2) | When the head of a local government files a petition for the commencement of adult guardianship or limited guardianship, or for adjudication on specific guardianship under paragraph (1), he or she shall designate a person or legal entity who meets the requirements prescribed by Presidential Decree as a candidate for such guardian and shall request to appoint the person or legal entity as a guardian. <Amended on Dec. 2, 2016> |
| (3) | The head of a local government may request the head of the central support center for persons with developmental disabilities prescribed in Article 33 (1) to recommend a candidate for the guardian under paragraph (2). |
| (4) | The State or a local government may, within the budgetary limits, reimburse some of the expenses incurred by a guardian appointed pursuant to paragraph (1) or (2) in performing his or her guardianship services, as prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | Matters necessary for requirements for assistance in the use of adult guardianship, qualification for, and procedures for recommendation of, a candidate for a guardian, subsidization of expenses incurred to guardians in guardianship, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 10 (Assistance in Communications) |
| (1) | The State and local governments shall prepare and distribute information about statutes that substantially affect the rights and duties of persons with developmental disabilities and important policies on various welfare assistance programs in a form that persons with developmental disabilities can readily understand. |
| (2) | The Minister of Education shall provide educational programs through the schools referred to in each subparagraph of Article 2 of the Elementary and Secondary Education Act and the lifelong educational institutions, etc. referred to in subparagraph 2 of Article 2 of the Lifelong Education Act, so as to render assistance to persons with developmental disabilities by developing communication tools necessary for learning and by training human resources specialized in communication assistance to help persons with developmental disabilities to express their intentions. |
| (3) | The Minister of the Interior and Safety shall formulate guidelines for communications and conduct educational programs as necessary so that employees of the State and local governments, who are in charge of public service, can communicate with persons with developmental disabilities effectively. <Amended by Nov. 19, 2014; Jul. 26, 2017> |
| (4) | Matters necessary for preparing and distributing information about policies, developing communication tools and providing education thereon, training specialized human resources, and formulating guidelines for communications and offering education on such guidelines to employees in charge of public service, etc. prescribed in paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 11 (Formation of Self-Help Organizations) |
| (1) | Persons with developmental disabilities may form a self-help organization to protect their rights and interests and promote social engagement. |
| Article 12 (Guarantee of Rights in Criminal and Judicial Proceedings) |
| (1) | The Commissioner General of the Korean National Police Agency, the Commissioner of the Korea Coast Guard, and the Governor of Jeju Special Self-Governing Province shall conduct educational programs for police officers referred to in Article 2 (2) 2 of the State Public Officials Act and municipal police officers prescribed in Article 2 (2) 2 of the Local Public Officials Act to help better understanding of persons with developmental disabilities. <Amended by Nov. 19, 2014; Jul. 26, 2017> |
| (2) | If a person with a developmental disability becomes a party to a judicial proceeding, his or her guardian, a staff member of the central support center for persons with developmental disabilities, or a local support center for persons with developmental disabilities prescribed in Article 33 (hereinafter referred to as "support center for persons with developmental disabilities"), or a person who has a reliable relationship with the person with a developmental disability may serve as an assistant thereto in trials of the court, with permission from the court. |
| (3) | Upon receipt of a motion from a person with a developmental disability him or her self, prosecutor, guardian, or the head of the relevant support center for persons with developmental disabilities when a court intends to examine the person with a developmental disability as a witness, it shall allow him or her to be accompanied by a person who has a reliable relationship therewith, except in extenuating circumstances, such as where the judicial proceeding is likely to be substantially hindered. |
| (4) | Paragraphs (2) and (3) shall also apply where an investigative authority investigates a person with developmental disability. |
| Article 13 (Exclusive Investigation System for Persons with Developmental Disabilities) |
| (1) | The Prosecutor General shall authorize the chief prosecutor of each district prosecutors' office to designate prosecutors to be exclusively in charge of persons with developmental disabilities (hereafter in this Article, referred to as "prosecutors exclusively in charge") and authorize them to investigate or interrogate persons with developmental disabilities, except in extenuating circumstances. |
| (2) | The Commissioner General of the Korean National Police Agency shall authorize the chief of each police station to designate judicial police officers to be exclusively in charge of persons with developmental disabilities (hereafter in this Article, referred to as "judicial police officers exclusively in charge") and authorize them to investigate or interrogate persons with developmental disabilities, except in extenuating circumstances. |
| (3) | The Prosecutor General and the Commissioner General of the Korean National Police Agency shall provide educational programs to prosecutors exclusively in charge and police officers exclusively in charge with regard to expert knowledge about special conditions of persons with developmental disabilities, methods of communication, investigative methods for protecting them, etc. |
| (4) | The Prosecutor General and the Commissioner General of the Korean National Police Agency may pay allowances to prosecutors exclusively in charge and police officers exclusively in charge, within budgetary limits. |
| (5) | The Commissioner of the Korea Coast Guard and the Governor of Jeju Special Self-Governing Province shall also follow paragraphs (2) through (4). <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 14 (Prevention of Crimes against Persons with Developmental Disabilities) |
| (1) | The State and local governments shall formulate and implement measures for preventing and eradicating the following crimes (hereinafter referred to as "abandonment or any other crime") committed against persons with developmental disabilities: |
| 3. | Kidnapping, abduction, trafficking in persons, inflicting or causing bodily injury, killing a third person or causing death of a third person, receiving or harboring, etc. prescribed in Articles 287 through 292 of the Criminal Act; |
| 6. | Other crimes specified by Presidential Decree among crimes particularly frequently committed against persons with developmental disabilities. |
| (2) | The Commissioner General of the Korean National Police Agency, the Commissioner of the Korea Coast Guard, and the Governor of Jeju Special Self-Governing Province shall instruct police officers and municipal police officers under his or her jurisdiction to investigate and inspect the jurisdictional area regularly to ascertain whether the abandonment of a person with a developmental disability or any other crime against him or her has occurred. <Amended on Nov. 19, 2014; Jul. 26, 2017> |
| Article 15 (Duty to Report) |
| (1) | Any person who becomes aware of the abandonment of a person with a developmental disability or the committing of any other crime against him or her may report it to a support center for persons with developmental disabilities or an investigative authority. |
| (2) | If any of the following persons becomes aware of the abandonment of a person with a developmental disability or the committing of any other crime against him or her in the course of performing his or herduties, he or sheshall report it to a support center for persons with developmental disabilities or an investigative authority immediately: <Amended on May 29, 2016> |
| 4. | Medical technologists under subparagraph 1 of Article 1-2 of the Medical Technologists, etc. Act; |
| 6. | Members of rescue units or first-aid units referred to in Article 34 of the Framework Act on Fire-Fighting Services; |
| 13. | The heads and workers of support facilities established under Article 9 of the Act on the Prevention of Commercial Sex Acts and Protection of Victims, and the heads and workers of the counseling centers for victims of commercial sex acts established under Article 17 of the same Act; |
| (3) | The head of a related central administrative agency shall ensure that the courses for acquiring qualifications for a person falling under any subparagraph of paragraph (2), refresher training courses, etc. shall include curricula related to the duty to report abandonment of a person with a developmental disability or the committing of any other crime against him or her. |
| (4) | No head or any staff member of a support center for persons with developmental disabilities or an investigative authority shall inform a third person of personal information about a reporting person under paragraph (1) or (2) or any fact with which a reporting person can be identified nor disclose the identity of any reporting person. |
| Article 16 (Field Survey) |
| (1) | Upon receipt of a report on abandonment of a person with a developmental disability or the committing of any other crime against him or her, staff members of a support center for persons with developmental disabilities or judicial police officers shall be dispatched to the scene. In such cases, the head of a support center for persons with developmental disabilities or an investigative authority may request the head of the other authority to jointly dispatch staff members and judicial police officers to the scene of abandonment of a person with a developmental disability or any other crime against him or her , and the head of the support center for persons with developmental disabilities or the investigative authority, so requested, shall take measures to jointly dispatch staff members and judicial police officers, except in extenuating circumstances. |
| (2) | Upon receipt of a report under Article 15, staff members of a support center for persons with developmental disabilities or judicial police officers may enter the scene reported as the place where a person with a developmental disability has been abandoned or any other crime has been committed against him or her and may investigate and question the person with a developmental disability, the person who committed abandonment or any other crime, and other persons involved. In such cases, staff members of a support center for persons with developmental disabilities may conduct investigations or ask questions only to the extent necessary to protect the person with a developmental disability. |
| (3) | Staff members of a support center for persons with developmental disabilities or judicial police officers, who conduct investigations or ask questions under paragraph (2), shall carry identification certificates indicating their authorities and present them to persons involved. |
| (4) | When any staff member of a support center for persons with developmental disabilities or a judicial police officer performs the affairs prescribed in paragraph (1) or (2), no person shall commit violence or intimidation against him or her, reject an on-site investigation, or interfere with performance of such affairs. |
| Article 17 (Protective Measures) |
| (1) | If the head of a support center for persons with developmental disabilities has a reasonable ground to believe that a person with a developmental disability has been abandoned or any other crime has been committed against him or her and that it is necessary to separate the person with a developmental disability from the person who is presumed to be the perpetrator or to render medical treatment to the person with a developmental disability, he or she shall transfer the person with a developmental disability to a shelter designated under paragraph (4) (hereinafter referred to as "shelter for persons with developmental disabilities in peril") or a medical institution to temporarily protect him or her or shall take other necessary measures to ensure that he or she is protected at a safe place. |
| (2) | When the head of a support center for persons with developmental disabilities separates and protects a person with a developmental disability under paragraph (1), he or she shall immediately notify the fact to a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; the same shall apply hereinafter), and whoever is the relevant authority, the period of separation shall not exceed seven days: Provided, That the period may be extended by up to seven days with prior approval of the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu, on grounds specified by Presidential Decree. |
| (5) | The State and local governments may fully or partially subsidize expenses incurred in conducting protective measures under paragraphs (1) through (4), within budgetary limits. |
CHAPTER III WELFARE ASSISTANCE AND SERVICES
| Article 18 (Application for Welfare Services) |
| (1) | A person with a developmental disability shall, by himself/herself, file an application for the following welfare assistance programs and services (hereinafter referred to as "welfare services") and social insurance, public aid, and social service under Article 3 of the Framework Act on Social Security: |
| 3. | Assistance in rehabilitation and development under Article 24, assistance in cultural, artistic, recreational, sports activities, etc. under Article 27, counseling service for guardians under Article 31, assistance in relaxation under Article 32, etc.; |
| 4. | Other services specified by the Minister of Health and Welfare. |
| (2) | If a reasonable ground exists to believe that a person with a developmental disability lacks the ability to make a decision, his or her guardian may file an application under paragraph (1). In such cases, the application filed by the guardian shall be deemed an application filed by the person with a developmental disability. |
| (3) | Notwithstanding paragraph (2), if a guardian does not file an application under paragraph (1), a public official exclusively in charge of social welfare referred to in Article 14 of the Social Welfare Services Act may file an application, ex officio, for social services for a person with a developmental disability who resides in the jurisdictional area with his or her consent to prevent him or her from being excluded from welfare assistance. In such cases, the application filed by the public official exclusively in charge of social welfare shall be deemed an application filed by the person with a developmental disability. |
| (4) | When a person files an application under paragraphs (1) through (3), the applicant may request a Special Self-Governing City Major, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to formulate a plan for providing individualized welfare services (hereinafter referred to as "individualized service plan") so that the relevant person with a developmental disability can receive welfare services individualized according to his or her special conditions. |
| (5) | Matters necessary for persons eligible for welfare services, the methods and procedures for filing applications for welfare services and for individualized service plans, etc. under paragarphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 19 (Formulation of Individualized Service Plans) |
| (1) | Upon receipt of an application for formulating an individualized service plan, a Special Self-Governing City Major, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine eligibility for the plan and the details of welfare services and shall request the head of a local support center for persons with developmental disabilities referred to in Article 33 (2) (hereinafter referred to as "local support center for persons with developmental disabilities") to formulate the individualized service plan. |
| (2) | Upon receipt of a request for formulating an individualized service plan, the head of a local support center for persons with developmental disabilities shall formulate the individualized service plan within the scope of welfare services determined under paragraph (1), taking into consideration special conditions of the relevant person with a developmental disability and his or her family. |
| (3) | When an individualized service plan is formulated, the relevant person with a developmental disability shall be provided with sufficient opportunities to state his or her opinion by means of communication suitable for him or her. |
| (4) | The head of a local support center for persons with developmental disabilities shall request the relevant Special Self-Governing City Major, Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu to approve an individualized service plan formulated for a person eligible for welfare services, and such plan shall become effective upon the relevant Special Self-Governing City Major, Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu examining plan’s appropriateness and approving it. |
| (5) | The head of a local support center for persons with developmental disabilities shall notify the relevant person with a developmental disabilities and his or her guardian of the outcomes of examination of whether an individualized service plan is appropriate. |
| (6) | Upon receipt of the notice of an individualized service plan, a person with a developmental disability and his or her guardian may request the head of a local support center for persons with developmental disabilities to amend or modify the individualized service plan, taking into consideration the welfare needs of the person with a developmental disability. |
| (7) | The procedures prescribed in paragraphs (4) and (5) shall apply to the amendment or modification of an individualized service plan. |
| (8) | Matters necessary for the method and procedure for requesting the formulation of an individualized service plan, the method for formulating such plan, the details of the plan, the methods and procedures for giving notice of approval, filing an application, and amending or modifying such plan, etc. under paragraphs (1) through (7) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 20 (Referral of Persons with Developmental Disabilities to Institutions, etc. Rendering Welfare Services) |
| (1) | The head of a local support center for persons with developmental disabilities shall refer a person with a developmental disability selected by the relevant Special Self-Governing City Major, Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu as a person eligible for welfare services and his or her family to an institution, etc. rendering welfare services according to the individualized service plan. |
| (2) | When the head of a local support center for persons with developmental disabilities refer a person with a developmental disability to an institution, etc. rendering welfare services, he or she shall provide the person eligible for welfare service with relevant information, such as hours during which welfare services are available, the methods of rendering welfare services, and the allocation of expenses. |
| (3) | Matters necessary for the method of providing relevant information that shall be provided under paragraph (2), the scope of such information, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 21 (Management of Accounts) |
| (1) | Welfare benefits payable in cash to a person with a developmental disability shall be deposited in a bank account opened in his or her name, and each person with a developmental disability shall independently withdraw deposits, transfer deposits to other accounts, and manage his or her own account. |
| (2) | If a reasonable ground exist to believe that a person with a developmental disability has lacks the ability to make a decision, his or her guardian may manage the account under paragraph (1) on his or her behalf, or the head of the relevant local government may designate a person who manages the account on behalf of the person with a developmental disability (hereinafter referred to as "account custodian"), if he or she has no guardian. |
| (3) | Matters necessary for the qualifications for an account custodian, the procedure for designating an account custodian, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 22 (Inspection of Account Management) |
| (1) | The head of a local government may inspect the account of a person with a developmental disability to ensure that his or her guardian or account custodian manages the account properly for his or her interest, as prescribed by the Minister of Health and Welfare: Provided, That, if a guardian or an account custodian falls under subparagraph 2 (b) or (d) of Article 2, the management of the account must be inspected. |
| (2) | When the head of a local government conducts an inspection under paragraph (1), he or she may request perusal or submission of bankbooks and other necessary documents and may ask questions as necessary. In such cases, the guardian or the account custodian of a person with a developmental disability shall cooperate in the inspection and shall comply with such request for perusal or submission of bankbooks and other necessary documents. |
| (3) | If the head of a local government finds that welfare benefits paid in cash are against the will of a person with a developmental disability or that they have not been managed for his or her interest, he or she shall investigate relevant facts, change the account custodian or appoint a guardian, and take other necessary measures. |
| (4) | Matters necessary for the management of an account, the procedure for the inspection, the subject matters and details of the inspection, the methods for taking measures, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 23 (Early Diagnosis and Intervention) |
| (1) | The State and local governments shall actively formulate policies necessary to diagnose disabilities of persons with developmental disabilities at an early stage, such as developing test tools, providing and publicizing information to parents with infants. |
| (2) | The Minister of Health and Welfare may subsidize a full medical examination of infants believed to have developmental disabilities. |
| (3) | Matters necessary for persons eligible for subsidization under paragraph (2), the scope of subsidization, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 24 (Assistance in Rehabilitation and Development) |
| (1) | The State and local governments shall endeavor to render rehabilitative therapies and developmental rehabilitation services appropriate for persons with developmental disabilities so that they can develop their potential abilities to the maximum, overcoming their disabilities. |
| (2) | The Minister of Health and Welfare shall establish systems for research and medical assistance for discovering causes of developmental disabilities and therapies therefor and mitigating behavioral problems. |
| (3) | The State and local governments may designate hub hospitals for persons with developmental disabilities to render medical assistance appropriate for their special conditions and needs systematically and efficiently. |
| (4) | The State and local governments may establish and operate behavioral development promotion centers to assist persons with developmental disabilities who have difficulty in daily life due to behavioral problems, such as self-mutilation and attack, in a specialized manner, as prescribed by Presidential Decree. |
| (5) | The State and local governments may fully or partially subsidize expenses incurred in providing the services under paragraphs (1) through (4), within budgetary limits. |
| (6) | Matters necessary for the designation of hub hospitals under paragraph (3) and the establishment, operation, etc. of behavioral development promotion centers under paragraph (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 25 (Assistance in Employment and Vocational Training) |
| (1) | The State and local governments shall take measures necessary to help persons with developmental disabilities engaged in a job by utilizing their abilities to the maximum. |
| (2) | The Minister of Health and Welfare may establish and operate vocational rehabilitation facilities that provide specialized vocational training programs to persons with developmental disabilities to assist persons with severe developmental disabilities with vocational training programs appropriate for their capabilities and special conditions. |
| (3) | Matters necessary for the establishment and operation of vocational rehabilitation facilities under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 26 (Assistance in Lifelong Education) |
| (1) | The State and local governments shall designate lifelong educational institutions referred to in subparagraph 2 of Article 2 of the Lifelong Education Act in each Special Self-Governing City, Special Self-Governing Province, and Si/Gun/Gu (Gu means an autonomous Gu; the same shall apply hereinafter) and shall take measures to ensure that such institutions operate educational courses for persons with developmental disabilities appropriately, in order to give them sufficient opportunities for lifelong education under Articles 3 and 4 of the Framework Act on Education. |
| (2) | After consulting with the Minister of Health and Welfare, the Minister of Education shall determine the standards and procedure for designating lifelong educational institutions under paragraph (1), the standards for educational courses for persons with developmental disabilities, the requirements for human resources providing education, etc. |
| (3) | The State and local governments may fully or partially subsidize lifelong educational institutions designated under paragraph (1) for their operation of educational courses for persons with developmental disabilities, within budgetary limits. |
| Article 27 (Assistance in Cultural, Artistic, Recreational, and Sports Activities) |
| (1) | The State and local governments may render assistance to persons with developmental disabilities so that they can view, participate in, or enjoy movies, exhibitions, museums, and various events, etc. held by the State, local governments, etc. |
| (2) | The State and local governments may provide persons with developmental disabilities with facilities, playing equipment, programs, and other equipment, etc. designed appropriately for their special conditions and interest to encourage them to participate in cultural, artistic, recreational, and sports activities. |
| (3) | The State and local governments may subsidize recreational sports events and organizations related to recreational sports to promote recreational sports of persons with developmental disabilities. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for assistance in cultural, artistic, recreational, and sports activities, etc. shall be prescribed by Presidential Decree. |
| Article 28 (Guarantee of Income) |
The State and local governments shall endeavor to improve welfare systems for persons with disabilities, including pension schemes for persons with disabilities, to ensure that persons with developmental disabilities can maintain appropriate living standards, taking into consideration their particular difficulties.
| Article 29 (Assistance in Residential Facilities, Daytime Activities, and Care) |
| (1) | The State and local governments shall take measures necessary to provide persons with developmental disabilities with residential facilities appropriate for their special conditions. |
| (2) | The State and local governments shall endeavor to assist persons with developmental disabilities in their daytime activities so that they can conduct daytime activities and participate in their communities effectively. |
| (3) | The State and local governments shall endeavor to render assistance in care to persons with developmental disabilities and their families according to their special conditions and needs. |
CHAPTER IV ASSISTANCE TO FAMILIES AND GUARDIANS OF PERSONS WITH DEVELOPMENTAL DISABILITIES
| Article 30 (Provision of Information to Guardians and Education) |
| (1) | The State and local governments may provide guardians of persons with developmental disabilities with information necessary to protect and rear persons with developmental disabilities properly and may conduct related educational programs therefor. |
| (2) | The State and local governments may provide sex education to persons with developmental disabilities and their guardians to help them create sound sexual values and prevent sex offenses. <Newly Inserted on Dec. 3, 2019> |
| (3) | Necessary matters concerning the information and education provided under paragraph (1) and the content, methods, etc., of sex education conducted under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 3, 2019> |
| (4) | The State and local governments may fully or partially subsidize expenses incurred in providing information and conducting education under paragraph (1) and sex education under paragraph (2), within budgetary limits. <Amended on Dec. 3, 2019> |
| Article 31 (Counseling Service for Guardians) |
| (1) | The State and local governments may render specialized psychological counseling services to guardians who live with a person with a developmental disability. |
| (2) | Matters necessary for the details, methods, etc. of psychological counseling services rendered under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The State and local governments may fully or partially subsidize the psychological counseling services provided under paragraph (1), within budgetary limits. |
| Article 32 (Assistance in Relaxation) |
| (1) | The State and local governments may render assistance in care and temporary relaxation to relieve families of persons with developmental disabilities from the burden of daily rearing and to help guardians conduct social activities normally. |
| (2) | The State and local governments may render assistance in implementing programs for emotional development of children and juveniles who are siblings of persons with a developmental disabilities but do not have developmental disabilities, the relief from their psychological burden, etc. to promote their sound growth. |
| (3) | In rendering assistance under paragraphs (1) and (2), persons eligible for assistance and the scope of assistance may be determined in consideration of financial capabilities, etc. of the family of each person with a developmental disability. |
| (4) | Matters necessary for persons eligible for assistance under paragraphs (1) and (2), the standards and methods for assistance, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER V SUPPORT CENTERS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
| Article 33 (Support Centers for Persons with Developmental Disabilities) |
| (1) | The Minister of Health and Welfare shall establish a central support center for persons with developmental disabilities in order to perform the responsibilities referred to in Article 4 effectively and to establish an integrated support system for persons with developmental disabilities. |
| (2) | Each Mayor/Do Governor shall establish local support centers for persons with developmental disabilities, which conduct activities for protecting the rights of persons with developmental disabilities and provide counseling services to their families, in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province. In such cases, a Mayor/Do Governor may establish a local support center for persons with developmental disabilities in each Si/Gun/Gu, if he or she deems it necessary. |
| (3) | When a Mayor/Do Governor establishes a local support center for persons with developmental disabilities in each Si/Gun/Gu, he or she may establish and operate one integrated local support center for persons with developmental disabilities for at least two Sis/Guns/Gus. In such cases, the Mayor/Do Governor may require the head of each Si/Gun/Gu to jointly bear the expenses incurred in establishing and operating the local support center for persons with developmental disabilities in consideration of the number of persons with developmental disabilities in the jurisdictional area, etc. |
| (4) | Matters necessary for the standards for establishing support centers for persons with developmental disabilities under paragraphs (1) and (2), the operation of such support centers, the qualifications for employees, the standards and procedures for placing employees, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | A support center for persons with developmental disabilities may form and operate a steering committee with participation by persons with developmental disabilities (including their guardians). |
| (6) | Matters necessary to establish and operate a steering committee under paragraph (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (7) | The State and local governments may fully or partially subsidize expenses incurred in establishing and operating support centers for persons with developmental disabilities, within budgetary limits. |
| Article 34 (Duties of Support Centers for Persons with Developmental Disabilities) |
| (1) | The central support center for persons with developmental disabilities shall perform the following duties: |
| 1. | Assistance in research on persons with developmental disabilities; |
| 2. | Establishment of the database of welfare information available to persons with developmental disabilities and provision of information; |
| 3. | Formulation of guidelines and manuals for families of persons with developmental disabilities and service workers and assistance in training them; |
| 4. | Publicity activities for improving the understanding of persons with developmental disabilities; |
| 5. | Development of programs for assisting persons with developmental disabilities; |
| 6. | Assistance to local support centers for persons with developmental disabilities; |
| 7. | Recommendation of candidates for a guardian under Article 9 (3); |
| 8. | Monitoring violations of the rights of persons with developmental disabilities and assistance in taking remedial measures for such rights; |
| 9. | Other matters the Minister of Health and Welfare deems necessary. |
| (2) | Each local support center for persons with developmental disabilities shall perform the following duties: <Amended on Apr. 7, 2020> |
| 1. | Establishment of individualized service plans for persons with developmental disabilities; |
| 2. | Provision of information about welfare assistance for persons with developmental disabilities and referral to welfare assistance; |
| 3. | Assistance in training families of persons with developmental disabilities and related service workers; |
| 4. | Gathering and management of information about institutions that provide services to persons with developmental disabilities; |
| 5. | Publicity activities in local communities for earlier diagnosis of developmental disabilities and for improvement of the understanding of persons with developmental disabilities; |
| 6. | Assistance in counseling services for persons with developmental disabilities and their families; |
| 7. | Assistance in daytime activities for persons with developmental disabilities and after-school programs for students with developmental disabilities; |
| 8. | Supervision over guardians under subparagraph 2 (d) of Article 2; |
| 9. | Assistance in supervision over guardians appointed under Article 9 and assistance in providing guardianship; |
| 10. | Assistance in taking remedial measures for the rights of persons with developmental disabilities, including on-site investigations and protective measures referred to in Articles 16 and 17; |
| 11. | Other matters the Minister of Health and Welfare deems necessary. |
| (3) | Each support center for persons with developmental disabilities shall endeavor to help persons with developmental disabilities receive welfare and legal services by appropriately placing necessary human resources, such as specialized teachers, social welfare workers, and attorneys-at-law with qualifications specified by Presidential Decree. |
| (4) | A support center for persons with developmental disabilities may employ persons with developmental disabilities who are capable of providing counseling services and conducting educational programs for fellow persons with developmental disabilities. |
| (5) | Matters necessary for the placement, employment, etc. of human resources under paragraphs (3) and (4) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 35 (Cooperation by Related Institutions) |
| (1) | A support center for persons with developmental disabilities may request the head of any of the following institutions to provide relevant information about persons with developmental disabilities, including the current status of services provided to them. In such cases, the head of an institution in receipt of a request for cooperation shall comply therewith, except in extenuating circumstances: <Amended on Dec. 29, 2015> |
| 1. | A vocational rehabilitation facility established and operated under Article 25 (2); |
| 2. | A lifelong educational institution designated under Article 26 (1) to operate educational courses for persons with developmental disabilities; |
| 3. | An institution that provides services under Article 30 through 32; |
| 13. | Other institutions specified by Ordinance of the Ministry of Health and Welfare. |
| (2) | Matters necessary for the details of information that may be requested by each institution under paragraph (1), the method of providing such information, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 36 (Establishment and Operation of Information System for Assistance to Persons with Developmental Disabilities) |
The Minister of Health and Welfare may establish and operate an information system for assistance to persons with developmental disabilities, to efficiently process various data and information necessary to enforce this Act and to computerize recording and management of such data and information, as prescribed by Presidential Decree.
| Article 37 (Provision of Services) |
| (2) | Notwithstanding Article 16 of the Act on the Use of Social Services and the Management of Vouchers, when the Minister of Health and Welfare provides social service vouchers under paragraph (1), he or she may authorize a Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over the location of relevant institutions (hereinafter referred to as "designating authority") to designate the institutions, etc. that provide services through social service vouchers, taking into consideration the current supply of and demand for specialized human resources for providing services, the current status of institutions providing services, the number of service users, etc. |
| (3) | Matters necessary for the methods and procedure for providing social service vouchers under paragraphs (1) and (2), the standards and procedure for designating institutions providing services, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 38 (Revised Designation of Institutions Providing Services) |
| (1) | When the head of an institution designated to provide services under Article 37 (2) (hereinafter referred to as "services institution") intends to revise any of important matters specified by Ordinance of the Ministry of Health and Welfare, he/shall obtain amended designation from the designating authority, as prescribed by the Minister of Health and Welfare. |
| (2) | When a services institution intends to permanently or temporarily close its business, it shall report it to the designating authority by at least 30 days before the scheduled date of permanent or temporary closure of business, and the designating authority in receipt of such report shall recommend the services institution to revoke permanent or temporary closure of business or shall take other measures, if there is no services institution that can replace the former institution in nearby areas or a serious problem is likely to arise in providing services. |
| (3) | If a services institution falls under any of the following cases, the designating authority of services institutions may suspend its business operations for up to six months or may revoke the designation as a services institution: Provided, That the designation must be revoked in cases falling under subparagraph 1: |
| 1. | Where the trading agency has obtained the designation by fraud or other improper means; |
| 2. | Where a services institution ceases to meet the standards for designation, such as standards for facilities and human resources prescribed in Article 37 (2) and (3); |
| 3. | Where a services institution rejects, interferes with, or evades a request for submitting a document and making a report under Article 40 or submits a false document, or fails to cooperate with a relevant public official in an investigation; |
| 4. | Where a services institution claims expenses incurred in providing services by fraud or other improper means; |
| 5. | Where a services institution divulges personal information related to the provision of services without consent of the person involved. |
| (4) | A person whose designation has been revoked under paragraph (3) shall not be redesignated as an services institution during the period specified by Presidential Decree, which shall not exceed two years from the date of the revocation. |
| (5) | Matters necessary for detailed standards, procedure, etc. for the administrative disposition under paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
| Article 39 (Instruction and Supervision) |
The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may guide and supervise services institutions as necessary to efficiently provide services to persons with developmental disabilities.
| Article 40 (Reports and Inspections) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require the head of a services institution to submit necessary documents and make a report, and may authorize relevant public officials to investigate the current status of management or inspect books of accounts and other documents. |
| (2) | When relevant public officials perform their duties under paragraph (1), they shall carry an identification certificate indicating their authority and present it to persons involved. |
| Article 41 (Delegation and Entrustment) |
| (1) | The Minister of Health and Welfare and a Mayor/Do Governor may delegate his or her authority under this Act to the head of an affiliated agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (3) | A Mayor/Do Governor or the head of a Si/Gun/Gu may entrust the head of a local support center for persons with developmental disabilities with operating shelters for persons with developmental disabilities in peril and inspecting management of accounts under Article 22. |
CHAPTER VII PENTALTY PROVISIONS
| Article 42 (Penalty Provisions) |
The following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won:
| 1. | A person who receives services or assistance specified in Articles 23 through 27 and 30 through 32, or who aids and abets another person in receiving such services or assistance, by fraud or other improper means; |
| 2. | The head or an employee of a support center for persons with developmental disabilities, who informs another person of personal information of a reporting person or a fact with which a reporting person can be identified, or discloses or reports such information or fact to the public, in violation of Article 15 (4). |
| Article 43 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or servant of a corporation or of an individual commits an offense in violation of subparagraph 1 or 2 of Article 42 in connection with the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual also shall be punished by the fine specified in the relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not neglected due care and supervision over the relevant affairs to prevent such offense.
| Article 44 (Administrative Fines) |
| (1) | The following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who fails to report the abandonment of a person with a developmental disability or the committing of any other crime against him or her, in violation of Article 15 (2); |
| 2. | A person who rejects or evades an on-site investigation or interferes with the performance of affairs without good cause, in violation of Article 16 (4); |
| 3. | The guardian or account custodian of a person with a developmental disability, who rejects a request by the head of a local government for perusal or submission of documents related to the current status of management of accounts or submits false documents, in violation of Article 22 (2); |
| 4. | A person who has not obtained revised designation, in violation of Article 38 (1); |
| 5. | A person who fails to report permanent or temporary closure of business, or who makes a false report thereon, in violation of Article 38 (2); |
| 6. | A person who refuses to submit a document or report under Article 40 (1) without good cause, who submits a false document or report, or who rejects, interferes with, or evades an investigation or inspection. |
| (2) | The administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, each Mayor/Do Governor, or the head of each Si/Gun/Gu, as prescribed by Presidential Decree. |
ADDENDUM <Presidential Decree No. 12618, Nov. 20, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force one year and six months after the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13664, Feb. 29, 2015>
Article 1 (Enforcement Date)
This Article shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDUM <Presidential Decree No. 14324, Nov. 2, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into on the date of its promulgation: Provided, That the amended provisions of any Act, which is amended pursuant to Article 5 of the Addenda and promulgated before this Act enters into force but the enforcement date of which has yet to arrive, shall enter into force on the enforcement date of such Act. Articles 2 through 6 Omitted.
ADDENDUM <Act No. 16736, Nov. 3, 2019>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17200, Apr. 7, 2020>
This Act shall enter into force on the date of promulgation.