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ACT ON WELFARE OF PERSONS WITH DISABILITIES

Wholly Amended by Act No. 8367, Apr. 11, 2007

Amended by Act No. 8652, Oct. 17, 2007

Act No. 8852, Feb. 29, 2008

Act No. 9932, Jan. 18, 2010

Act No. 10220, Mar. 31, 2010

Act No. 10255, Apr. 12, 2010

Act No. 10323, May 27, 2010

Act No. 10426, Jan. 4, 2011

Act No. 10517, Mar. 30, 2011

Act No. 11010, Aug. 4, 2011

Act No. 11240, Jan. 26, 2012

Act No. 11521, Oct. 22, 2012

Act No. 11690, Mar. 23, 2013

Act No. 11977, Jul. 30, 2013

Act No. 13216, Mar. 11, 2015

Act No. 13366, jun. 22, 2015

Act No. 13367, jun. 22, 2015

Act No. 13661, Dec. 29, 2015

Act No. 13662, Dec. 29, 2015

Act No. 13663, Dec. 29, 2015

Act No. 13978, Feb. 3, 2016

Act No. 14224, May 29, 2016

Act No. 14222, May 29, 2016

Act No. 14562, Feb. 8, 2017

Act No. 14892, Sep. 19, 2017

Act No. 15270, Dec. 19, 2017

Act No. 15646, jun. 12, 2018

Act No. 15904, Dec. 11, 2018

Act No. 16248, Jan. 15, 2019

Act No. 16258, Jan. 15, 2019

Act No. 16733, Dec. 3, 2019

Act No. 17791, Dec. 29, 2020

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Act is to contribute to social integration through improving welfare and encouraging participation in social activities of persons with disabilities by clarifying responsibilities of the State and local governments, etc. to ensure a decent life and the rights of persons with disabilities, advancing overall welfare measures for persons with disabilities through activities concerning the prevention of disability, medical care, education, rehabilitation of employment, and improvement of living environment, etc. for persons with disabilities and contributing to the stability of livelihood by deciding on necessary matters concerning self-reliance, protection, allowances, etc. of persons with disabilities.
 Article 2 (Definitions of Persons with Disabilities)
(1) The term "person with a disability" means a person whose daily life or social activity is substantially hampered by physical or mental disability over a long period of time.
(2) Among persons with disabilities who fall under paragraph (1), those who are governed by this Act shall have the types and standards of disability prescribed by Presidential Decree and who shall suffer from any of the following conditions:
1. "Physical disability" means a disability of principal external bodily functions and of internal organs, etc.;
2. "Mental disability" means a disability caused by psychological development disorder or mental disease.
(3) The term "abuse of persons with disabilities" means physical, mental, emotional, verbal or sexual violence, acts of cruelty, economic exploitation, abandonment or negligence towards persons with disabilities. <Newly Inserted on Oct. 22, 2012; Jun. 22, 2015>
(4) The term "abuse crime of persons with disabilities" means a crime falling under any of the following as abuse of persons with disabilities: <Newly Inserted on Dec. 29, 2020>
1. Among the crimes of homicide under Chapter XXIV, Part II of the Criminal Act, Article 250 (Murder, Killing Ascendant), Article 252 (Murder upon Request or with Consent), Article 253 (Murder upon Request through Fraudulent Means, etc.), and Article 254 (Attempted Crime);
2. Among the crimes of inflicting bodily injury and violence under Chapter XXV of PART II of the Criminal Act, crimes prescribed in Article 257, Article 258, Article 258-2, Article 260 (1) and (2), Article 261 and Article 262;
3. Among the crimes of abandonment and abuse under Chapter XXVIIl of PART II of the Criminal Act, crimes prescribed in Article 271 (1) and (2), Article 272, Article 273 and Article 275;
4. Among the crimes of false arrest and illegal confinement under Chapter XXIX of PART II of the Criminal Act, crimes prescribed in Article 276, Article 277, Article 278, Article 280, and Article 281;
5. Among the crimes of intimidation set forth in Chapter XXX of Part II of the Criminal Act, crimes prescribed in Article 283 (1) and (2), Article 284, and Article 286;
6. Among the crimes of trafficking in persons under Part II, Chapter XXXI of the Criminal Act, crimes prescribed in Article 287, Article 288, Article 289, Article 290, Article 291, Article 292, and Article 294;
7. Among the crimes of rape and indecent conduct set forth in Chapter XXXII of Part II of the Criminal Act, crimes prescribed in Article 297, Article 297-2, Article 298, Article 299, Article 300, Article 301, Article 301-2, Article 302, Article 303, and Article 305;
8. Among the crimes against reputation set forth in Chapter XXXIII of Part II of the Criminal Act, crimes prescribed in Article 307, Article 309, and Article 311;
9. Among the crimes of intrusion upon a human habitation set forth in Chapter XXXVI of Part II of the Criminal Act, crimes prescribed in Article 321;
10. Among the crimes of obstructing another from exercising his or her right set forth in Chapter XXXVII of Part II of the Criminal Act, crimes prescribed in Article 324 and Article 324-5 (limited to crimes falling under Article 324);
a11. Among the crimes of fraud and extortion under Chapter XXXIX of Part II of the Criminal Act, crimes prescribed in Article 347, 347-2, 350, 350-2, and 352;
12. Among the crimes of embezzlement and breach of trust under Chapter XL of Part II of the Criminal Act, crimes prescribed in Article 355, Article 356, and Article 357;
13. Among the crimes of destruction and damage set forth in Chapter XLII of Part II of the Criminal Act, crimes prescribed in Article 366;
14. Crimes prescribed in Article 86 (1) and (2), (3) 3 of the same Article, (4) 2 and (5) of the same Article;
15. Crimes prescribed in Articles 18 and 23 of the Act on the Punishment of Arrangement of Commercial Sex Acts;
16. Crimes prescribed in Article 49 (1) of the Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of Their Rights;
17. Crimes prescribed in Article 70 (1) and (2) of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
Crimes prescribed in subparagraphs 1 and 11 of Article 84 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
19. Crimes provided for in subparagraphs 1 through 18, which are subject to aggravated punishment under other Acts.
 Article 3 (Basic Ideology)
The fundamental principle of welfare of persons with disabilities is to attain social integration through full social participation and equality of persons with disabilities.
 Article 4 (Rights of Persons with Disabilities)
(1) Persons with disabilities shall be respected with dignity and valued as human beings and shall be treated as such.
(2) Persons with disabilities shall have a right to participate in political, economic, social, cultural and all the other fields of activities, as a citizen of the State and a member of society.
(3) Persons with disabilities shall have a priority right to participate in the policy-making processes related to persons with disabilities.
 Article 5 (Collection of Opinions and Participation of Persons with Disabilities and Guardians)
In determining and executing policies for persons with disabilities, the State and local governments shall collect opinions of persons with disabilities, their parents, spouses and other guardians. In such cases, the participation of the persons concerned shall be ensured for collection of such opinions.
 Article 6 (Protection of Persons with Severe Disabilities)
The State and local governments shall devise proper policies for persons with disabilities who are too impaired by severe disabilities to support themselves (hereinafter referred to as "person with a severe disability") so that they can be granted necessary protection, etc. through their lives.
 Article 7 (Protection of Rights and Interests of Women with Disabilities)
The State and local governments shall devise necessary policies, including basic learning and vocational education, to protect the rights and interests of women with disabilities and to expand their social participation.
 Article 8 (Prohibition against Discrimination)
(1) No one shall be discriminated against in any area of political, economic, social or cultural life on the ground of his/her disability, and no one shall discriminate against persons with disabilities in any area of political, economic, social or cultural life on the grounds of his/her disability.
(2) No one shall despise or insult persons with disabilities or engage in unlawful profit-making activities by taking advantage of persons with disabilities, and all people shall endeavor to understand the disability of persons with disabilities.
 Article 9 (Responsibilities of State and Local Governments)
(1) The State and local governments shall be held responsible for the prevention of disability from occurring, enhancement of national interest in early detection of disabilities, support for self-reliance of persons with disabilities and the improvement of their welfare by protecting persons in need of such protection.
(2) The State and local governments shall devise policies to protect the interests of women with disabilities.
(3) The State and local governments shall actively promote the welfare policy for persons with disabilities to persons with disabilities and their guardians, and devise policies necessary for the nation to properly understand persons with disabilities.
 Article 10 (Responsibility of Citizens)
The whole nation shall endeavor to prevent disability from occurring and detect disabilities early, and treat persons with disabilities with dignity and cooperate to improve their welfare based on the principle of social integration.
 Article 10-2 (Comprehensive Policy Plans for Persons with Disabilities)
(1) For the advancement of rights, interests and welfare of persons with disabilities, the Minister of Health and Welfare shall formulate and implement a comprehensive policy plan for persons with disabilities (hereinafter referred to as "comprehensive plan") in consultation with the heads of relevant central administrative agencies every five years.
(2) The comprehensive plan shall include the following:
1. Matters concerning the welfare of persons with disabilities;
2. Matters concerning the educational and cultural activities for persons with disabilities;
3. Matters concerning the economic activities for persons with disabilities;
4. Matters concerning the participation of persons with disabilities in social activities;
5. Other matters necessary for advancing the rights, interests and welfare of persons with disabilities.
(3) The head of each relevant central administrative agency shall formulate and implement a business plan for relevant affairs for the advancement of rights, interests and welfare of persons with disabilities each year, and submit the business plan and results of the previous year’s business plan to the Minister of Health and Welfare each year.
(4) The Minister of Health and Welfare shall formulate a comprehensive plan by combining the business plan submitted pursuant to paragraph (3) and implementation results: Provided, That he/she shall submit them for deliberation by the Policy Coordination Committee for Persons with Disabilities referred to in Article 11 in advance. The same shall apply to potential amendments to the comprehensive plans.
(5) The Minister of Health and Welfare shall evaluate the results of implementation of the comprehensive plan each year and shall, if necessary to reflect such results in the comprehensive plan, revise the comprehensive plans pursuant to the latter part of paragraph (4) or reflect them in the next round of a comprehensive plan.
(6) In addition to the matters prescribed in paragraphs (1) through (5), necessary matters concerning the timing, procedures, methods, etc. of formulating comprehensive plans shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 10-3 (Report to the National Assembly)
Where the Minister of Health and Welfare formulates a comprehensive plan or finalizes a relevant year's business plan and the evaluation of performance or results of the previous year’s business plan, he/she shall report such to the competent Standing Committee of the National Assembly without delay.
[This Article Newly Inserted on Jun. 22, 2015]
 Article 11 (Policy Coordination Committee for Persons with Disabilities)
(1) The Policy Coordination Committee for Persons with Disabilities (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Prime Minister to establish comprehensive policies for persons with disabilities, to coordinate opinions of the Ministries concerned, and to monitor and evaluate the execution of such policies.
(2) The Committee shall deliberate upon and coordinate the following matters:
1. Matters concerning the basic direction-setting for welfare policies for persons with disabilities;
2. Matters concerning the institutional improvement and budgetary support for the improvement of the welfare of persons with disabilities;
3. Matters concerning the coordination of important special education policies;
4. Matters concerning the coordination of important employment promotion policies for persons with disabilities;
5. Matters concerning the coordination of policies for ensuring mobility of persons with disabilities;
6. Matters concerning fund-raising related to the advancement of the policy for persons with disabilities;
7. Matters concerning the cooperation provided by ministries concerned on the welfare of persons with disabilities;
8. Other matters prescribed by Presidential Decree in relation to the welfare of persons with disabilities.
(3) The Committee may, if deemed necessary, request the administrative agency concerned to appear in person, provide explanations and present relevant materials.
(4) The Committee shall have a policy coordination working committee for persons with disabilities (hereinafter referred to as "working committee") for the prior examination of the matters in paragraph (2) and adjustment of the matters requiring cooperation among the agencies concerned.
(5) Matters necessary for the composition and operation of the Committee and a working committee shall be prescribed by Presidential Decree.
 Article 12 (Designation of Officials in Charge of Policy for Persons with Disabilities)
(1) The head of each central administrative agency may designate an official to be in charge of policies for persons with disabilities from among public officials under his/her jurisdiction in order to efficiently establish and execute the policies for persons with disabilities of the agency concerned.
(2) Matters necessary for designating officials in charge of policies for persons with disabilities under paragraph (1), their duties, etc. shall be prescribed by Presidential Decree.
 Article 13 (Local Committee for Welfare of Persons with Disabilities)
(1) A local government shall have a local committee for welfare of persons with disabilities to deliberate upon matters necessary for planning, investigation, implementation, etc. of activities related to the welfare of persons with disabilities.
(2) Matters necessary for the organization and operation of a local committee for welfare of persons with disabilities under paragraph (1) shall be prescribed by ordinances of the relevant local government prescribed in the standards prescribed by Presidential Decree.
 Article 14 (Day of Persons with Disabilities)
(1) In order to deepen public understanding of persons with disabilities and to enhance the willingness for rehabilitation of persons with disabilities, April 20 each year shall be set aside as Day of Persons with Disabilities and the week starting from Day of Persons with Disabilities shall be set aside as Week of Persons with Disabilities.
(2) The State and local governments shall endeavor to perform activities including hosting events to celebrate the Day of Persons with Disabilities.
 Article 15 (Relationship to Other Statutes)
With respect to persons with disabilities governed by other Acts prescribed by Presidential Decree, including the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State, among persons with disabilities defined in Article 2, the application of this Act may be restricted as prescribed by Presidential Decree. <Amended on May 29, 2016>
 Article 16 (Measures Related to Legislation)
The State and local governments shall take measures relating to legislation and finance necessary to attain the objectives of this Act.
CHAPTER II FORMULATION OF FUNDAMENTAL POLICY
 Article 17 (Prevention of Disability)
(1) The State and local governments shall accelerate investigation and research concerning causes of disabilities and the prevention thereof, and shall reinforce mother and child health services, detect and treat diseases early that cause disabilities, and take other necessary measures.
(2) The State and local governments shall take necessary measures to prevent disabilities caused by traffic accidents, industrial disasters, drug abuse, environmental pollution, etc.
 Article 18 (Medical and Rehabilitation Treatment)
The State and local governments shall take necessary measures, including supplying persons with disabilities with rehabilitation medical services, such as functional treatment and psychological treatment, in order for them to learn or restore their basic capabilities and supplying them with auxiliary appliances for use by those with disabilities.
 Article 19 (Social Adaptation Training)
The State and local governments shall provide adaptation training for persons with disabilities so that they can live their daily lives or engage in social activities smoothly after such rehabilitation treatment is completed.
 Article 20 (Education)
(1) The State and local governments shall take necessary measures to upgrade contents and methods of education, etc. so that persons with disabilities can be sufficiently educated based on age, capabilities, and type and degree of disability under the principle of social integration.
(2) The State and local governments shall promote surveys and research on the education of persons with disabilities.
(3) The State and local governments shall devise a system which provides persons with disabilities with specialized educational courses.
(4) No head of school of any grade shall take disadvantageous measures against a person with a disability subject to education, where a person with a disability who requires education intends to enter such school, by rejecting the application for admission to school or the admission into school of a person with a disability who has passed the entrance examination, etc. on the ground of his/her disability.
(5) All educational institutions shall maintain facilities to match the types and degrees of disabilities so that persons with disabilities can enter school and study without difficulty.
 Article 21 (Vocations)
(1) The State and local governments shall take necessary measures such as vocational guidance, evaluation on vocational capabilities, vocational adaptation training, vocational training, job agency, employment and post-employment guidance, so that persons with disabilities can engage in vocations suitable for their aptitude and capabilities.
(2) The State and local governments shall facilitate and encourage more surveys and research to be conducted on the types of vocations suitable for persons with disabilities and rehabilitation activities so that vocational rehabilitation training for persons with disabilities can be performed smoothly.
 Article 22 (Access to Information)
(1) The State and local governments shall endeavor to improve telecommunications and broadcasting facilities, etc. to make access to information and expressing opinions easier for people with disabilities.
(2) The State and local governments shall request private broadcasting business entities, including the heads of broadcasting stations, to broadcast programs prescribed by Presidential Decree, including news and major national affairs, with the captioning of Korean sign language or closed captioning for hearing-impaired persons, and screen readers, captions, etc. for visually impaired persons. <Amended on Feb. 3, 2016>
(3) The State and local governments shall provide interpretation of Korean sign language for hearing-impaired persons and materials inserted with braille and print-ready barcodes (referring to electronic signs prescribed by Presidential Decree, such as voice conversion codes; hereafter in this Article the same shall apply) for visually impaired persons when holding events prescribed by Presidential Decree, such as national events, other educational events, and rallies, and they may request interpretation of Korean sign language and materials inserted with braille and print-ready barcodes to be provided for events held by the private sector. <Amended on Jan. 26, 2012; Feb. 3, 2016; Dec. 19, 2017>
(4) Private business entities, including heads of broadcasting stations, and private event sponsors who receives such a request referred to in paragraphs (2) and (3) shall comply therewith unless there is a good reason for not doing so.
(5) The State and local governments shall endeavor to develop and supply communication aids, such as books in braille, audible books, braille information terminals, and paperless braille handsets, to ensure that visually impaired persons and visually and hearing impaired persons (referring to persons with a combined loss of vision and hearing; hereinafter the same shall apply) can access information easily and communicate smoothly with other people, and to train and detail human resources specializing in communication assistance for visually and hearing impaired persons. <Amended on Dec. 3, 2019>
(6) The State and local governments shall take necessary measures, such as provision of support, and the development and dissemination of tools necessary to access and use information communication networks and information communication equipment, taking into account the characteristics of persons with disabilities.
 Article 23 (Convenience Facilities)
(1) The State and local governments shall formulate policies necessary for installing and operating convenience facilities for persons with disabilities so that they can use public facilities and traffic facilities safely and conveniently.
(2) The State and local governments shall devise necessary policies with regard to provision of human services, such as interpretation of Korean sign language and usher service, for the convenient use of public facilities. <Amended on Feb. 3, 2016>
 Article 24 (Safety Countermeasures)
The State and local governments shall, taking into account the characteristics of persons with disabilities, devise necessary measures including safety countermeasures, such as securing refuge paths, installing information boards in braille, audio and printed form, and providing an emergency notice system for visually impaired persons, hearing-impaired persons and mobility-impaired persons in preparation for accidents which may occur due to disabilities, such as fall from height, and emergency disasters, etc.
 Article 25 (Raising Social Awareness)
(1) The State and local governments shall implement publicity campaigns, such as education and public advertisement to students, public officials, workers, and general public, to raise awareness of persons with disabilities.
(2) The heads of State agencies and local governments, child-care centers under the Infant Care Act, the heads of various levels of schools under the Early Childhood Education Act, the Elementary and Secondary Education Act and the Higher Education Act, and the heads of other educational institutions and public organizations prescribed by Presidential Decree (hereinafter referred to as “State agencies, etc.”) shall every year conduct education of employees and students under their jurisdiction to raise awareness of persons with disabilities (hereinafter referred to as “awareness-raising education”), and submit the results thereof to the Minister of Health and Welfare. <Newly Inserted on Dec. 29, 2015; Dec. 3, 2019>
(3) The Minister of Health and Welfare shall annually inspect the results of conducting awareness-raising education, as prescribed by Presidential Decree. <Newly Inserted on Dec. 3, 2019>
(4) For State agencies, etc. whose completion rate of awareness-raising education does not meet the standards set by the Minister of Health and Welfare as the result of an inspection under paragraph (3), the Minister of Health and Welfare shall take necessary measures, such as special education for managers (referring to those who take overall charge of affairs concerning awareness-raising education; hereinafter the same shall apply), as prescribed by Presidential Decree. <Newly Inserted on Dec. 3, 2019>
(5) The Minister of Health and Welfare shall publicly announce the results of an inspection under paragraph (3) through media, etc., as prescribed by Presidential Decree: Provided, That the same shall not apply where any other Act restricts such public announcement. <Newly Inserted on Dec. 3, 2019>
(6) The Minister of Health and Welfare may request the head of an agency or organization conducting the evaluation under each of the following subparagraphs to reflect the results of an inspection under paragraph (3) in such evaluation: <Newly Inserted on Dec. 3, 2019>
1. The internal evaluation of a central administrative agency or local government prescribed in Articles 14 (1) and 18 (1) of the Framework Act on Public Service Evaluation;
2. The evaluation of business performance of a public corporation or a quasi-governmental institution prescribed in Article 48 (1) of the Act on the Management of Public Institutions;
3. The management evaluation of a local public enterprise under Article 78 (1) of the Local Public Enterprises Act;
4. The evaluation of a school under Article 9 (2) of the Elementary and Secondary Education Act.
(7) The Minister of Health and Welfare shall train professional instructors, and develop and distribute educational programs, so as to effectively conduct awareness-raising education. <Newly Inserted on Dec. 3, 2019>
(8) The Minister of Health and Welfare may build and operate an awareness-raising education information system in order to efficiently support awareness-raising education and to manage the results of implementation thereof. <Newly Inserted on Dec. 3, 2019>
(9) The State shall ensure that the contents of awareness-raising about persons with disabilities are included in the textbooks used by schools under the Elementary and Secondary Education Act. <Amended on Dec. 29, 2015; Dec. 3, 2019>
(10) The Minister of Health and Welfare may entrust the following affairs to a public institution that aims to improve welfare for persons with disabilities among the public institutions referred to in Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree. In such cases, the Minister of Health and Welfare may, within the budget limits, reimburse all or some of the expenses required to perform such affairs: <Newly Inserted on Dec. 3, 2019>
1. Inspection of the results of conducting awareness-raising education and special education for managers under paragraphs (3) and (4);
2. Training of professional instructors and development and distribution of educational programs under paragraph (7);
3. Building and operation of the awareness-raising education information system under paragraph (8).
(11) Necessary matters concerning the activities referred to in paragraphs (1) and (9), the contents and methods of awareness-raising education and submission of the results thereof, and the building and operation of the awareness-raising education information system referred to in paragraph (8), shall be prescribed by Presidential Decree. <Amended on Dec. 29, 2015; Dec. 3, 2019>
[Title Amended on Dec. 3, 2019]
 Article 25-2 (Entrustment of Awareness-Raising Education)
(1) The head of a State agency, etc. may entrust awareness-raising education to an institution designated by the Minister of Health and Welfare (hereinafter referred to as “educational institution for raising awareness).
(2) The head of an educational institution for raising awareness shall conduct awareness-raising education, as prescribed by Ordinance of the Ministry of Health and Welfare, and the head of a State agency, etc. and the head of an educational institution for raising awareness shall preserve, for three years, materials related to conducting the education, and provide such materials to the head of a State agency, etc. or an educatee if he/she wants to be provided with them.
(3) An educational institution for raising awareness shall appoint at least one professional instructor who meets the eligibility requirements prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Where an educational institution for raising awareness falls under any of the following subparagraphs, the Minister of Health and Welfare may revoke the designation thereof: Provided, That where such institution falls under subparagraph 1, the Minister of Health and Welfare shall revoke the designation thereof:
1. Where the trading agency has obtained the designation by fraud or other improper means;
2. Where it fails to appoint a professional instructor under paragraph (3) for at least six months, without good reason.
(5) The Minister of Health and Welfare shall hold a hearing where he/she intends to revoke the designation of an educational institution for raising awareness pursuant to paragraph (4).
(6) The standards and procedures for designating educational institutions for raising awareness shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 26 (Provision of Convenience for Exercise of Voting Rights)
The State and local governments shall take necessary measures to enable persons with disabilities to exercise their voting rights without difficulty, such as installing facilities and equipment, promote the exercise of voting rights, and developing and supplying auxiliary appliances for voting.
 Article 27 (Supply of Housing)
(1) The State and local governments shall, when building public housing, etc., endeavor to preferentially parcel out or rent such housing to persons with disabilities, taking into account the degree of disability.
(2) The State and local governments shall take necessary measures for supplying and improving housing suitable for persons with disabilities, such as subsidization of purchasing funds, rental funds, or renovation and repair expenses of the housing.
 Article 28 (Improvement of Cultural Environment)
In order to ensure the cultural lives, sports activities, and tourism activities of persons with disabilities, the State and local governments shall endeavor to maintain related facilities, equipment and other environments in good condition, and to support the cultural lives, sports activities, tourism activities, etc. <Amended on Sep. 19, 2017>
 Article 29 (Promotion of Welfare Research)
(1) The State and local governments shall take necessary measures to develop policies for persons with disabilities, etc., such as overall and systematic investigation, research and evaluation for welfare of persons with disabilities, and physical cultural activities of persons with disabilities.
(6) Deleted. <Jun. 12, 2018>
(3) Deleted. <Jun. 12, 2018>
(4) Deleted. <Jun. 12, 2018>
 Article 29-2 (Establishment of Korea Disabled People’s Development Institute)
(1) Korea Disabled People’s Development Institute (hereinafter referred to as the “Development Institute”) shall be established for surveys and research, policy development, welfare promotion, etc. related to persons with disabilities under Article 29 (1).
(2) The Development Institute shall be a legal entity.
(3) The Development Institute shall perform the following projects:
1. Collection, analysis, and management of information on the welfare of persons with disabilities; and survey, research, policy development, and international cooperation including international development regarding the welfare of persons with disabilities;
2. Education, public relations, and consulting concerning the welfare of persons with disabilities such as improvement of social awareness of persons with disabilities;
3. Vocational rehabilitation support for persons with severe disabilities; and development of and support for government-funded employment for persons with disabilities;
4. Support to facilitate preferential purchase by public institutions of the goods produced by persons with severe disabilities;
5. Support for projects to promote convenience of persons with disabilities, including technical support for installation of barrier-free facilities and creation of obstacle-free living environments;
6. Projects to reinforce safety measures for persons with disabilities, such as developing and disseminating disaster response guidelines for persons with disabilities;
7. Other projects entrusted by the State or local governments with regard to the welfare of persons with disabilities.
(4) The State and local governments may subsidize the operation and projects of the Development Institute.
(5) Except as provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act regarding incorporated foundations shall apply mutatis mutandis to the Development Institute.
[This Article Newly Inserted on Jun. 12, 2018]
 Article 30 (Reduction of Financial Burdens)
(1) The State and local governments, public agencies under Article 4 of the Act on the Management of Public Institutions, local government-invested public corporations or local government public corporations under the Local Public Enterprises Act shall take taxation measures, reduce or exempt the charges for using public facilities and take other necessary measures to ease the financial burden of persons with disabilities and the persons supporting them and to promote their self-reliance.
(2) Operators of transport business run by the State and local governments, public agencies under Article 4 of the Act on the Management of Public Institutions, local government-invested public corporations or local government public corporations under the Local Public Enterprises Act shall take measures for reduction and exemption of fares for persons with disabilities and persons accompanying them for their protection in order to ease the financial burden of persons with disabilities and persons supporting them and to support their self-reliance.
 Article 30-2 (Support for Families with Household Member with Disability)
(1) The State and local governments shall establish and implement the following measures to improve the quality of life and maintain stable family life of families with a household member with a disability:
1. Programs to improve awareness about families with a household member with a disability;
2. Support for the care of families with a household member with a disability;
3. Support for the relaxation of families with a household member with a disability;
4. Support for the case management of families with a household member with a disability;
5. Support for strengthening capacity of families with a household member with a disability;
6. Counseling for families with a household member with a disability;
7. Other support that the Minister of Health and Welfare deems necessary for families with a household member with a disability.
(2) In order to efficiently perform supporting services for families with a household member with a disability, the State and local governments may designate institutions, organizations, etc. that perform services related to persons with disabilities as agencies for providing services to support families with a household member with a disability (hereinafter referred to as "implementing agency").
(3) The State and local governments may revoke designation if the implementing agency falls under any of the following cases: Provided, That if it falls under subparagraph 1, the designation shall be revoked:
1. Where the trading agency has obtained the designation by fraud or other improper means;
2. Where it fails to meet the criteria for designation prescribed in paragraph (4);
3. Where it fails to perform services for supporting families with a household member with a disability, without good reason.
(4) Matters necessary for the criteria, procedures, etc. for designating an implementing agency shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Feb. 8, 2017]
CHAPTER III WELFARE MEASURES
 Article 31 (Surveys on Actual Conditions)
(1) The Minister of Health and Welfare shall conduct a fact-finding survey of persons with disabilities every three years in order to obtain basic data required to formulate welfare policies for persons with disabilities.
(2) Necessary matters concerning the methods, target respondents, details, etc. of fact-finding surveys of persons with disabilities referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 26, 2012]
 Article 32 (Registration as Persons with Disabilities)
(1) A person with a disability and his/her legal representative or his/her guardian prescribed by Presidential Decree (hereinafter referred to as "legal representative, etc.") shall register details of the disability and other matters prescribed by Ordinance of the Ministry of Health and Welfare with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), and if the person with a disability who has filed an application for registration meets the standards referred to in Article 2, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall issue a registration certificate for a person with a disability (hereinafter referred to as "registration certificate") to him/her. <Amended on Feb. 29, 2008; Jan. 18, 2010; May 27, 2010; Jun. 22, 2015; Feb. 8, 2017>
(2) Deleted. <Feb. 8, 2017>
(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may take necessary measures for a person with a disability or his/her legal representative, etc., such as diagnosis of disability, in order to adjust the degree of disability of the person with a disability who has received a registration certificate pursuant to paragraph (1) according to a change in the conditions of disability. <Amended on Feb. 8, 2017; Dec. 19, 2017>
(4) The Ministry of Health and Welfare may have a Disability Decision Committee under its jurisdiction to take charge of the affairs concerning disability acknowledgement and assessment. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 19, 2017>
(5) No registration certificate shall be transferred or lent, and no name or mark similar to a registration certificate shall be used.
(6) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may request a precise examination on the degree of disability from a public institution under Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree, if necessary to verify that the disability acknowledgement and assessment of a person with a disability is appropriate in registering the person with a disability under paragraph (1) and in adjusting the degree of disability according to a change in the conditions of disability under paragraph (3). <Newly Inserted on May 27, 2010; Jun. 22, 2015; Dec. 29, 2015; Dec. 19, 2017>
(7) A public institution entrusted with a precise examination on the degree of disability under paragraph (6) may request the perusal of materials related to the relevant medical services of the person in question and the issuance of the copy thereof from a medical institution under the Medical Service Act after obtaining consent from the person who intends to receive the examination, his/her legal representative, etc., if necessary. In such cases, the medical institution in receipt of such request shall comply therewith, unless there is a good reason for not doing so, and the State or a local government may assist with fees, charges, etc. for the use of materials provided to such public institution within the budget. <Newly Inserted on Dec. 29, 2015; Feb. 8, 2017>
(8) Except as provided in paragraphs (1) and (3) through (7), matters necessary for registration of persons with disabilities, the issuance of registration certificates, the diagnosis of disabilities and precise examinations on the degree of disability, the Disability Decision Committee, the request for the perusal of materials related to medical services or for the issuance of the copies thereof, and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; May 27, 2010; Dec. 29, 2015; Feb. 8, 2017>
 Article 32-2 (Registration as Person with a Disability by Overseas Koreans and Foreigners)
(1) Any overseas Korean or foreigner who falls under any of the following subparagraphs may be registered as a person with a disability pursuant to Article 32: <Amended on Dec. 29, 2015; Dec. 19, 2017>
1. A person who has reported on his/her place of residence in Korea pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;
2. A person who obtains resident registration as a Korean national residing abroad under Article 6 of the Resident Registration Act;
3. A person who completes registration as foreigners pursuant to Article 31 of the Immigration Act, and also has qualifications for permanent residency in Korea among qualifications for sojourn referred to in Article 10 (1) of the same Act;
4. A marriage-based immigrant referred to in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea;
5. A person who is a recognized refugee pursuant to subparagraph 2 of Article 2 of the Refugee Act.
(2) With respect to persons with disabilities who are registered pursuant to paragraph (1), the State and local governments may restrict support for welfare-related business for persons with disabilities in consideration of budgets, etc.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 32-3 (Revocation of Registration of Persons with Disabilities)
(1) Where a person in receipt of a registration certificate under Article 32 (1) (including his/her legal representative, etc. in cases falling under subparagraph 3) falls under any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall revoke the registration of the person with a disability:
1. Where the relevant person died;
2. Where he/she fails to meet the criteria provided for in Article 2;
3. Where he/she fails to comply with necessary measures such as an order to receive a diagnosis of disability under Article 32 (3) during the period prescribed by Ordinance of the Ministry of Health and Welfare without good reason;
4. Where he/she applies for the revocation of registration as a person with a disability.
(2) In any of the following cases, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall order a person who has received a registration certificate pursuant to Article 32 (1), legal representative, etc., a person who has obtained a registration certificate by improper means, and any other relevant person to return such registration certificate:
1. Where the registration as a person with a disability is revoked pursuant to paragraph (1);
2. Where the registration certificate is obtained by improper means, such as double issuance, transfer, or lending.
(3) A person in receipt of an order to return his/her registration certificate under paragraph (2) shall comply therewith unless there is a good reason for not doing so.
(4) Except as provided in paragraphs (1) and (2), matters necessary for the revocation of registration of persons with disabilities, return of registration certificates, and any other relevant mattes shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Feb. 8, 2017]
[Previous Article 32-3 Moved to Article 32-4 <Feb. 8, 2017>]
 Article 32-4 (Comprehensive Survey for Providing Services)
(1) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may conduct a comprehensive survey for the following requests for services, in order to determine the eligibility for the service, volume of the service, the content of the service, etc.:
1. An application for an activity support allowance under Article 6 of the Act on Activity Assistant Services for Persons with Disabilities;
2. An application for distribution of assistive devices for persons with disabilities under Article 8 of the Act on the Support for Assistive Devices for Persons with Disabilities and Older Persons and Promotion of Use Thereof;
3. An application for use of residential homes for persons with disabilities under Article 60-2;
4. Other applications for services prescribed by Presidential Decree.
(2) When conducting a comprehensive survey for providing services under paragraph (1), the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall survey the following matters, as prescribed by Ordinance of the Ministry of Health and Welfare, and prepare a report on the survey: Provided, That the matters referred to in subparagraph 5 shall be surveyed only when necessary for the determination of eligibility for services and the calculation of the principal’s apportionment:
1. The applicant’s current status of use of services and the applicant’s need for the service;
2. The characteristics of the applicant’s disability in terms of performing daily activities, cognition, behavior, etc.;
3. The characteristics of the applicant’s household, the applicant’s residential environment, his/her social activities, and other social environments;
4. Types and details of services required by the applicant;
5. Matters concerning the income, property, and other living standards of the applicant and the person obligated to support the applicant;
6. Other matters necessary for providing services for the applicant as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) Where it is impracticable to collect data necessary to survey the matters referred to in the subparagraphs of paragraph (2), the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may require the applicant, the person obligated to support the applicant, or other relevant persons to submit data necessary for verifying the income, property, condition of health, degree of disability, etc., as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Where deemed necessary for the comprehensive survey for providing services under paragraphs (1) and (2), the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may request the heads of relevant institutions to provide data concerning national tax, local tax, land, houses, buildings, automobiles, ships, aircraft, national health insurance, national pension, employment insurance, industrial accident compensation insurance, veterans benefits, military pension, pension for private school teachers and staff, public officials pension, special post office pension, basic pension, pension for persons with disabilities, departure from or entry to Korea, commitment to or release from correctional institutions or facilities for medical treatment in custody, military service, burial, cremation, funeral, resident registration, family relation registration, etc. In such cases, the heads of the relevant institutions requested to provide such data shall comply with such request unless there is a good reason for not doing so.
(5) A person who conducts a comprehensive survey for providing services under paragraphs (1) and (2) shall carry a certificate indicating his/her authority and a document showing the period and scope of survey, the person in charge of survey, relevant statutes and regulations, and other matters prescribed by Ordinance of the Ministry of Health and Welfare and produce them to relevant persons.
(6) Where the applicant or other relevant person refuses, interferes with or evades two or more times any request for submission of documents or data necessary for the survey under paragraph (2), any inquiry or questioning, or any request for submission of the data under paragraph (3) with regard to the application for services under the subparagraphs of paragraph (1), the Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may dismiss the application for services under the subparagraphs of paragraph (1). In such cases, he/she shall clearly state the grounds therefor in writing and notify the applicant and other relevant persons thereof.
(7) Matters necessary for procedures, etc. for survey under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Dec. 19, 2017]
[Previous Article 32-4 Moved to Article 32-6 <Dec. 19, 2017>]
 Article 32-5 (Entrustment of Work)
(1) The Minister of Health and Welfare, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may entrust part of the work involved in the comprehensive survey for providing services under Article 32-4 to a public institution under Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree.
(2) The State and local governments may, within the budget, fully or partially subsidize the work entrusted to a public institution under paragraph (1).
[This Article Newly Inserted on Dec. 19, 2017]
[Previous Article 32-5 Moved to Article 32-8 <Dec. 19, 2017>]
 Article 32-6 (Projects to Support Persons with Disabilities concerning Welfare Services)
(1) In order to provide timely welfare services necessary for the persons with disabilities registered under Article 32 (1), the State and local governments shall implement the following projects to support persons with disabilities: <Amended on Dec. 19, 2017>
1. Counselling on and provision of information concerning welfare services;
2. Home visit counselling for persons with disabilities who are at a high risk of having a safety problem such as abuse or a crisis such as poverty;
3. Filing applications for welfare services on behalf of the persons with disabilities;
4. Survey on the needs of each person with a disability and assistance in the formulation of plans to provide welfare services;
5. Connecting persons with disabilities to institutions, corporations, organizations and facilities providing welfare services;
6. Developing welfare resources including welfare services and building databases;
7. Other projects necessary for providing welfare services.
(2) The State and local governments may request cooperation from related institutions, such as welfare facilities for persons with disabilities under Article 58 and support centers for persons with developmental disabilities under Article 33 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities, to implement the projects to support persons with disabilities under the subparagraphs of paragraph (1). In such cases, the State and local governments may fully or partially subsidize such institutions within the budget. <Newly Inserted on Dec. 19, 2017>
(3) The State and local governments may entrust the projects to support persons with disabilities referred to in paragraph (1) to public institutions under Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree. In such cases, the State and local governments may fully or partially subsidize such projects within the budget.
(4) Except as provided in paragraphs (1) through (3), matters regarding projects to support persons with disabilities and details for such projects shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 19, 2017>
[This Article Newly Inserted on Jun. 22, 2015]
[Moved from Article 32-2 <Dec. 19, 2017>]
 Article 32-7 (Case Management through Public-Private Partnerships)
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may manage cases through public-private partnerships to locate persons with disabilities in need of welfare services and to provide public and private welfare services in a coordinated manner.
(2) A public-private consultative body may be established for managing cases under paragraph (1); and if another public-private consultative body for integrated case management already exists in the relevant local government pursuant to Article 42-2 (1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries, the former public-private consultative body may be operated as a sub-division.
(3) Each public-private consultative body shall endeavor to strengthen cooperation with the private sector, such as related institutions, corporations, organizations, facilities, or individuals in the local community; and the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may provide necessary support for efficient operation of such public-private consultative body.
[This Article Newly Inserted on Dec. 19, 2017]
 Article 32-8 (Providing Information on Persons in Whose Case the Degree of Disability Has Changed)
(1) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu shall provide information on the change in the support resulting from changes in the degrees of disabilities or from the loss of the disabled status and various information necessary for rehabilitation and self-reliance, to the persons with disabilities whose degrees of disabilities have been changed or who have failed to meet the standards of disability under Article 2 (2) or to the applicants who have failed to obtain registration as persons with disabilities in the course of registration as persons with disabilities under Article 32. <Amended on Dec. 19, 2017>
(2) Matters necessary for the persons to be provided with information under paragraph (1), the criteria for, and the details and methods of providing it, and other relevant matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 29, 2015]
[Title Amended on Dec. 19, 2017]
[Moved from Article 32-5 <Dec. 19, 2017>]
 Article 33 (Counselors for Welfare of Persons with Disabilities)
(1) A Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall employ counselors to take charge of the duties of counseling and support for the improvement of welfare for persons with disabilities.
(2) Counselors shall, in performing their duties, treat persons with disabilities with dignity. <Amended on Dec. 19, 2017>
(3) Appointment, duties, remuneration, and other necessary matters for counselors shall be prescribed by Presidential Decree.
 Article 34 (Measures such as Rehabilitation Counselling)
(1) The Minister of Health and Welfare, the Special Metropolitan City Mayor, Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare services agency") shall provide medical examination and rehabilitation counseling for persons with disabilities and, when deemed necessary, take the following measures: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 22, 2015>
1. Providing medical care and health guidance for persons with disabilities by requesting national and public hospitals, public health centers, their branches, and other medical institutions (hereafter referred to as "medical institutions") to render the said services;
2. Providing necessary services, including accommodations, counselling, medical treatment, and training, at the welfare facilities for persons with disabilities installed by the State or a local government;
3. Providing necessary services, including accommodation, counseling, medical treatment, and training, at welfare facilities for persons with disabilities installed under Article 59 by entrusting such services to the facilities;
4. Introducing persons who need vocational training provided by public occupational capability development facilities or placement services, to related facilities or employment security service agencies.
(2) Welfare services agencies for persons with disabilities may, when deemed necessary for the rehabilitation counseling under paragraph (1), require welfare counselors for persons with disabilities under Article 33 to visit homes of the relevant persons with disabilities or the facilities or medical institutions where such services as accommodations, counselling, medical treatment, and training are rendered to the persons with disabilities, to provide counseling or necessary guidance.
(3) In the event that a user of a residential facility for persons with disabilities under Article 58 (1) 1 dies, if there is no person to perform a funeral for the person, welfare service agencies may perform the funeral or have the head of the relevant facility perform the funeral. In such cases, the head of a welfare service agency that conducts welfare for the person with disabilities or a residence facility for the person with disabilities may allocate money or securities of the deceased person for the expenses necessary for the funeral, and if there is a shortage, dispose of the articles left by the deceased and cover the cost thereof. <Newly Inserted on Dec. 29, 2020>
(4) Detailed procedures for allocating funeral expenses pursuant to the latter part of paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 29, 2020>
[Title Amended on Mar. 30, 2011]
 Article 35 (Rendering Services for Rehabilitation and Support for Self-Reliance Classified by Type and Degree of Disability)
(1) The State and local governments shall take necessary measures such as rendering services for rehabilitation and support for self-reliance, classified by type and degree of disability to make the daily lives of persons with disabilities convenient and to enhance their participation in social activities, and may support such measures within the budget. <Amended on Dec. 3, 2019>
(2) The State and local governments shall devise necessary policies for visually and hearing impaired persons, such as establishing and operating an organization dedicated to supporting vocational rehabilitation, communication, walking, and mobility training, psychological counseling, participation in cultural and leisure activities, and family and self-help gatherings. <Newly Inserted on Dec. 3, 2019>
 Article 36 Deleted. <Dec. 29, 2015>
 Article 37 (Support of Helpers for Post-Natal Care)
(1) The State and local governments may provide a pregnant woman with a disability with a helper who is to visit her home for pre- and post-natal care (hereinafter referred to as "helper for post-natal care") to manage the health of the pregnant woman with a disability and her newborn baby, taking into account her financial capability, etc.
(2) The State and local governments shall conduct regular monitoring (referring to regular checks to ensure the effectiveness, etc. of the program to provide helpers for post-natal care) of the program to provide helpers for post-natal care under paragraph (1), as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(3) Matters necessary for standards, methods, etc. of providing helpers for post-natal care shall be prescribed by Presidential Decree.
 Article 38 (Provision of Educational Expenses for Children)
(1) A welfare services agency for persons with disabilities may provide educational expenses for children supported by persons with disabilities or children with disabilities, taking into account their financial capability.
(2) Necessary matters concerning those eligible to receive educational expenses, standards, methods, etc. for the payment thereof under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 39 (Support for Cars Used by Persons with Disabilities)
(1) The State and local governments and other public organizations shall take necessary support measures, including reduction or exemption of taxes, for persons with disabilities to conveniently use cars, etc. as a means of mobility and to ease their financial burden.
(2) The head of a Si/Gun/Gu shall issue a mark that distinguishes cars used by persons with disabilities from other cars (hereinafter referred to as "mark of cars, etc. used by persons with disabilities") to ensure that persons with disabilities can conveniently use the cars, etc.
(3) The mark of cars, etc. used by persons with disabilities shall not be used in such an unjust manner as lending or transfer of the mark to persons other than persons prescribed by Ordinance of the Ministry of Health and Welfare, and no mark, name, etc. similar to such mark shall be used. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(4) Matters necessary for those eligible for issuance of the mark of cars, etc. used by persons with disabilities, procedures for issuance of such mark, and other matters shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 40 (Support for Training and Supply of Guide Dogs for Persons with Disabilities)
(1) For the improvement of welfare of persons with disabilities, the State and local governments shall take measures to support the training and supply of guide dogs that will assist persons with disabilities.
(2) The Minister of Health and Welfare may issue a mark of a guide dog (hereinafter referred to as "mark of a guide dog") to guide dogs for persons with disabilities. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(3) When a person with a disability accompanied by a guide dog with the mark of a guide dog intends to use means of public transportation or enter public places, lodging facilities, restaurants, etc. frequented by many people, no one shall reject him/her without good reason. The same shall also apply where a trainer of guide dogs for persons with disabilities who is working for a specialized training institution designated pursuant to paragraph (4) or a voluntary worker related to the training of guide dogs for persons with disabilities accompanies a guide dog for persons with disabilities carrying the mark of a guide dog. <Amended on Jan. 26, 2012>
(4) The Minister of Health and Welfare may designate specialized training institutions for training and supply of guide dogs for persons with disabilities. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(5) Necessary matters concerning those eligible to carry the mark of a guide dog, procedures for the issuance of the mark of a guide dog, and designation of specialized training institutions shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 41 (Loan of Fund)
The State and local governments may lend funds to persons with disabilities to help them start their business or learn necessary knowledge and skills, as prescribed by Presidential Decree.
 Article 42 (Support for Business)
(1) When the State and local governments, and other public organizations permit or entrust the installation of stores selling daily necessities, including foodstuffs, office supplies, and newspapers, or of vending machines in public facilities under their jurisdiction, they shall endeavor to prioritize applications filed by persons with disabilities.
(2) If a person with a disability files an application to be designated as a tobacco retailer under the Tobacco Business Act, the head of a Si/Gun/Gu shall endeavor to give priority to designating him/her as a tobacco retailer.
(3) If a person with a disability files an application for the contract for sales of domestic postage stamps under the statutes concerning postal services, the postal service public office shall endeavor to give priority to him/her for such contract.
(4) A person who has been permitted, entrusted, designated, etc. under paragraphs (1) through (3) shall personally operate such business unless extraordinary circumstances exist.
(5) A person holding a right to permit the installation of stores and vending machines under paragraph (1) shall take measures to investigate places of installation, kinds of goods to be sold, etc. and then notify a relevant person with a disability of the results.
 Article 43 (Supply of Self-Reliance Training Expenses)
(1) When deemed necessary for persons with disabilities arranged or entrusted with accommodation, counselling, medical treatment, training, etc. in welfare facilities for persons with disabilities under Article 34 (1) 2 or 3, to effectively get training in the facilities, welfare services agencies for persons with disabilities may supply persons with disabilities with training expenses for self-reliance, and if extraordinary circumstances exist, supply them with goods in lieu of training expenses.
(2) Matters necessary for providing training expenses for self-reliance and supplying goods under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 44 (Purchase of Goods)
The State, local governments and other public organizations shall prepare measures necessary for the prioritized purchase of goods produced at welfare facilities for persons with disabilities and welfare organization for persons with disabilities.
[This Article Wholly Amended on Jan. 26, 2012]
 Article 45 Deleted. <Dec. 19, 2017>
 Article 45-2 Deleted. <Dec. 19, 2017>
 Article 46 (Spurring Employment)
The State and local governments shall endeavor to employ persons with disabilities equipped with the capabilities and aptitudes necessary for the business they directly conduct, and may recommend that business entities who conduct the business fit for persons with disabilities employ them according to their capabilities and aptitudes.
 Article 46-2 (Provision of Convenience to Examinees with Disabilities)
(1) In conducting any qualifying examinations, service examinations, etc., the State, local governments, and the heads of the institutions and organizations prescribed by Presidential Decree shall provide convenience to examinees with disabilities so that they can take the examination under conditions equal to those of examinees who have no disabilities.
(2) The scope of examinations requiring provision of convenience under paragraph (1) shall be prescribed by Presidential Decree, and the details of, criteria for, and methods, of providing convenience and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 29, 2015]
 Article 47 (Preferential Use of Public Facilities)
When deemed necessary to support self-reliance of persons with disabilities, the State, local governments, and other public organizations may enable persons with disabilities to preferentially use a part of their public facilities.
 Article 48 (Preferential Sale or Onerous and Gratuitous Lending of National and Public Property)
(1) The State and local governments may preferentially sell or lease national or public property, lend at a cost or gratuitously, or allow to use it free of charge and earn profit therefrom where necessary for installing welfare facilities for persons with disabilities under this Act or facilities related to welfare activities for persons with disabilities by welfare organizations for persons with disabilities, notwithstanding the State Property Act or the Public Property and Commodity Management Act. <Amended on Jul. 30, 2013>
(2) If a person who purchased or leased lands and facilities, or borrowed money from the State or a local government under paragraph (1) fails to install welfare facilities for persons with disabilities or facilities related to welfare activities for persons with disabilities of welfare organizations for persons with disabilities within two years from the date of such purchase, the lease or the lending, the State and local governments may redeem the lands and facilities or revoke the lease contract.
 Article 49 (Disability Allowances)
(1) The State and local governments may provide disability allowances to persons with disabilities in order to make up for additional expenses incurred due to their disabilities, taking into account the degree of disability and financial conditions of the persons with disabilities: Provided, That the State and local governments shall ensure supply of disability allowances to persons with disabilities who receive livelihood allowance referred to in Article 7 (1) 1 of the National Basic Living Security Act and medical benefits referred to in subparagraph 3 of the same paragraph. <Amended on Jan. 26, 2012; Dec. 29, 2015>
(2) Notwithstanding paragraph (1), no disability allowance under paragraph (1) shall be paid to persons with severe disabilities defined in subparagraph 1 of Article 2 of the Act on Pensions for Persons with Disabilities. <Newly Inserted on Apr. 12, 2010>
(3) Where the State or a local government intends to pay disability allowances pursuant to paragraph (1), it may examine the degree of disability of a person who seeks to receive the disability allowances. <Newly Inserted on Feb. 8, 2017>
(4) Where a person who seeks to receive disability allowances refuses, obstructs, or evades the examination of the degree of disability to be conducted pursuant to paragraph (3), the State or the local government need not to pay disability allowances, notwithstanding paragraph (1). <Newly Inserted on Feb. 8, 2017>
(5) Necessary matters concerning recipients of disability allowances under paragraph (1), payment standards and methods, persons subject to examination under paragraph (3), examination procedures and method, and any other relevant matters shall be prescribed by Presidential Decree. <Amended on Apr. 12, 2010; Feb. 8, 2017>
 Article 50 (Allowance for Children with Disabilities and Guardian Allowance)
(1) The State and local governments may provide children with disabilities with allowance for children with disabilities to make up for the additional expenses due to the disability, taking into account the economic standard of living of their guardians and the degree of disability of children with disabilities.
(2) The State and local governments may provide a guardian taking care of persons with disabilities with guardian allowance to make up for additional expenses incurred due to the disability, taking into account his/her financial conditions and degree of disability of persons with disabilities.
(3) Matters necessary for those eligible to receive allowance for children with disabilities and guardian allowance, standards and methods for providing these allowances under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
 Article 50-2 (Application for Payment of Educational Expenses for Children and Disability Allowances)
(1) Any person who intends to receive educational expenses for children referred to in Article 38 (hereinafter referred to as "educational expenses for children"), and disability allowances, allowances for children with disabilities and guardian allowances referred to in Articles 49 and 50 (hereinafter referred to as "disability allowances, etc.") may file an application for the payment of educational expenses for children and disability allowances, etc. with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 22, 2015>
(2) An applicant and his/her family members (referring to the family members of an individual household referred to in subparagraph 8 of Article 2 of the National Basic Living Security Act; hereinafter the same shall apply) shall, when filing an application under paragraph (1), submit a written consent to provision of the following materials or information, as prescribed by Presidential Decree: <Amended on Feb. 8, 2017>
1. The average deposit balance among materials or information about the details of financial assets and financial transactions under subparagraphs 2 and 3 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality and other materials or information prescribed by Presidential Decree (hereinafter referred to as “financial information”);
2. Amount of liabilities from among the credit information under subparagraph 1 of Article 2 of the Credit Information Use and Protection Act, and other data or information prescribed by Presidential Decree;
3. The amount of insurance premiums paid for insurance defined in any subparagraph of Article 4 (1) of the Insurance Business Act and other data or information specified by Presidential Decree (hereinafter referred to as "insurance information").
[This Article Newly Inserted on Jan. 26, 2012]
 Article 50-3 (Provision of Financial Information)
(1) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the heads of financial companies, etc. referred to in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or the heads of credit information collection agencies referred to in subparagraph 6 of Article 2 of the Credit Information Use and Protection Act (hereinafter referred to as "financial institutions, etc.") to provide him/her with financial information, credit information or insurance information (hereinafter referred to as "financial information, etc.") in electronic form of the written consent submitted by applicants and their family members pursuant to Article 50-2 (2).
(2) Notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act, the Minister of Health and Welfare may request the heads of financial institutions, etc. to provide him/her with the financial information, etc. on beneficiaries and their family members in document form (including electronic documents) in which the personal information thereon is specified in compliance with criteria prescribed by Presidential Decree if he/she deems it necessary to verify the eligibility of persons receiving educational expenses for children and disability allowances, etc. (hereinafter referred to as “beneficiary”) for the payment thereof.
(3) When in receipt of a request for financial information, etc. under paragraphs (1) and (2), the head of a financial institution, etc. shall furnish the financial information, etc. of title holders, notwithstanding Article 4 of the Act on Real Name Financial Transactions and Confidentiality and Article 32 of the Credit Information Use and Protection Act.
(4) The head of any financial institution, etc. who provides financial information, etc. pursuant to paragraph (3) shall notify such fact to the title holder: Provided, That he/she may choose not to do so if the title holder gives consent thereto, notwithstanding Article 4-2 (1) of the Act on Real Name Financial Transactions and Confidentiality and Article 32 (7) of the Credit Information Use and Protection Act. <Amended on Mar. 11, 2015>
(5) The request for financial information, etc. and the provision thereof under paragraphs (1) through (3) shall be made through an information and communications network under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection: Provided, That where there are unavoidable circumstances, such as that the information and communications network is damaged, etc., this shall not apply.
(6) No person who performs or has performed the duties under paragraph (1) through (3) shall either use financial information, etc. he/she has obtained in the course of performing his/her duties differently from the purpose provided for in this Act, or provide or divulge such financial information, etc. to any third person or institution.
(7) Necessary matters regarding requests for financial information, etc., providing such, etc. under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 50-4 (Welfare Benefit Receipt Accounts of Persons with Disabilities)
(1) If requested by a beneficiary, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall deposit educational expenses for children, and disability allowances, etc. to the account designated in the name of the beneficiary (hereinafter referred to as "welfare benefit receipt account of a person with a disability"): Provided, That when it is impossible to transfer them to the welfare benefit receipt account of the person with a disability due to an information and communication failure or any other unavoidable cause prescribed by the Presidential Decree, the educational expenses for children, and disability allowances, etc. may be paid in cash or by other means as prescribed by the Presidential Decree.
(2) Financial institutions where welfare benefit receipt accounts of persons with disabilities are opened shall manage them in the way that only the educational expenses for children, disability allowances, etc. under this Act can be deposited therein.
(3) Method and procedures for application under paragraph (1) and matters necessary for the management of welfare benefit receipt accounts of persons with disabilities under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on May 29, 2016]
 Article 51 (Recovery of Educational Expenses for Children and Disability Allowances)
(1) When a person who has received educational expenses for children, and disability allowance, etc. falls under any of the following, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall recover some or all of the educational expenses for children, and disability allowance, etc. received by such person: <Amended on Jun. 22, 2015>
1. Where the person has received educational expenses for children, and disability allowances, etc. by fraud or other improper means;
2. Where reasons for receiving educational expenses for children, and disability allowances, etc. retroactively cease to exist after the receipt of educational expenses for children, and disability allowance, etc.;
3. Where activity support allowances or allowance costs have been mistakenly paid.
(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests a person who has received educational expenses for children, and disability allowances, etc. to return the educational expenses for children, and disability allowances, etc. within a specified period on the grounds referred to in the subparagraphs of paragraph (1) and the person fails to return them within such period, he/she may collect them in the same manner as delinquent national or local taxes are collected. <Amended on Jun. 22, 2015>
(3) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it is impracticable to recover educational expenses for children, and disability allowances, etc. due to the unknown whereabouts of, or lack of assets owned by, persons who are supposed to return the educational expenses for children and disability allowances, etc. or other causes prescribed by Presidential Decree when collecting the educational expenses for children, and disability allowances, etc. pursuant to paragraph (2), he/she may write them off. <Amended on Jun. 22, 2015>
(4) Targets and methods of write-off under paragraph (3) and other matters necessary therefor shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 26, 2012]
 Article 52 (Research on Rehabilitation and Self-Reliance of Persons with Disabilities)
(1) The State and local governments may select research tasks for the prevention of disability, medical care, education, vocational rehabilitation, self-reliance, etc. and commission specialized research institutions to comprehensively and systematically investigate, research and evaluate the rehabilitation and self-reliance of persons with disabilities.
(2) The State and local governments may subsidize the performance of the research tasks selected under paragraph (1) within the budget.
CHAPTER IV SUPPORT FOR SELF-RELIANCE
 Article 53 (Support for Self-Reliance)
The State and local governments shall take necessary measures for self-reliance of a person with a disability by his/her own decision, such as providing activity-supporting services including dispatch of a personal assistant, supplying auxiliary appliances for persons with disabilities, and providing various other conveniences and information. <Amended on Dec. 19, 2017; Dec. 11, 2018>
 Article 54 (Support Center for Self-Reliance of Persons with Disabilities)
(1) The State and local governments shall supply all the necessary support services to realize the self-reliance of persons with disabilities through support centers for self-reliance of persons with disabilities. <Amended on Dec. 19, 2017>
(2) Matters necessary for the support centers for self-reliance of persons with disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 19, 2017>
(3) The State and local governments may provide subsidies to cover part of the expenses incurred in the operation and business of support centers for self-reliance of persons with disabilities, within the budget. <Newly Inserted on Dec. 29, 2015; Dec. 19, 2017>
[Title Amended on Dec. 19, 2017]
 Article 55 (Support for Activity-Supporting Allowance)
(1) The State and local governments may support activity-supporting allowances for persons with disabilities so that they can live their daily lives and carry out social activities without difficulty. <Amended on Jan. 4, 2011; Dec. 19, 2017>
(2) The State and local governments may support activity-supporting services including dispatch of a personal assistant to a woman with a disability who has difficulty in mobility due to pregnancy, etc. for medical care related to pregnancy and childbirth, etc., taking into account her financial capability, etc. <Amended on Dec. 11, 2018>
(3) Deleted. <Jan. 4, 2011>
[Title Amended on Jan. 4, 2011]
 Article 56 (Counseling among Fellow Persons with Disabilities)
(1) The State and local governments shall endeavor to provide persons with disabilities with opportunities to communicate with one another or counselling to help them overcome their disabilities.
(2) Matters necessary for concrete activities, etc. to provide persons with disabilities with opportunities to communicate with one another or counselling under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
CHAPTER V WELFARE FACILITIES AND ORGANIZATIONS
 Article 57 (Use of Welfare Facilities for Persons with Disabilities)
(1) The State and local governments shall formulate necessary policies for promoting functional recovery and social improvement of persons with disabilities by using welfare facilities for people with disabilities referred to in Article 58.
(2) The State and local governments shall prepare necessary policies to protect the human rights of persons with disabilities using welfare facilities for people with disabilities referred to in Article 58 and build a foundation for implementation of relevant programs.
(3) Each welfare services agency shall guarantee the right of choice of persons with disabilities with regard to welfare facilities for persons with disabilities referred to in Article 58 to the maximum extent.
(4) In order to guarantee the right of choice of persons with disabilities, welfare services agencies shall provide persons with disabilities who intend to use welfare facilities designed for them referred to in Article 58 with sufficient information they need to choose the right facilities.
(5) In providing information persons with disabilities need to choose the right welfare facilities for them referred to in Article 58 and services, their gender, age, and type and degree of disabilities shall be taken into consideration.
[This Article Wholly Amended on Mar. 30, 2011]
 Article 58 (Welfare Facilities for Persons with Disabilities)
(1) The types of welfare facilities for persons with disabilities shall be as follows: <Amended on Mar. 30, 2011; Dec. 29, 2020>
1. Residential homes for persons with disabilities: Facilities providing services, such as residential homes, medical treatment and assistance to persons with disabilities who have difficulties living in ordinary houses as well as supporting their community-based activities for a specific period, by utilizing living space;
2. Community rehabilitation facilities for persons with disabilities: Facilities providing professional counselling, treatment or training to persons with disabilities or supporting them in their daily lives, leisure activities, community-based activities, etc. of persons with disabilities;
3. Vocational rehabilitation facility for the persons with disabilities: A facility that allows persons with disabilities who are difficult to work in a general work environment to receive vocational training or live a professional life in a specially prepared work environment (including facilities prescribed by Ordinance of the Ministry of Health and Welfare as facilities for auxiliary purposes such as manufacturing and processing facilities, factories and business sites necessary for vocational training and professional life);
4. Medical rehabilitation facilities for persons with disabilities: Facilities providing persons with disabilities with medical rehabilitation services, such as counselling, diagnosis/judgment, and medical care by hospitalizing them or making them visit those facilities regularly;
5. Other facilities prescribed by Presidential Decree.
(2) Matters concerning specific types, operation, etc. of welfare facilities for persons with disabilities under the subparagraphs of paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 59 (Establishment of Welfare Facilities for Persons with Disabilities)
(1) The State and local governments may establish welfare facilities for persons with disabilities.
(2) Where a person other than those prescribed in paragraph (1) intends to establish and operate welfare facilities for persons with disabilities, he/she shall report such plans to the head of a Si/Gun/Gu having jurisdiction over the place where the relevant facilities are located and also shall file a report when he/she modifies any important matter prescribed by Ordinance of the Ministry of Health and Welfare among matters reported: Provided, That no person for whom one year has not elapsed since he/she was ordered to close the facilities under Article 62 shall report the establishment and operation of the facilities. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(3) Upon receipt of a report or a report on modification under paragraph (2), the head of a Si/Gun/Gu shall review the details thereof and accept the report or report on modification if it conforms to this Act. <Newly Inserted on Jan. 15, 2019>
(4) The residential homes for persons with disabilities referred to in Article 58 (1) 1 shall have the capacity of no more than 30 persons: Provided, That the same shall not apply in cases prescribed by Presidential Decree, such as facilities which require a certain size or greater to provide special services. <Newly Inserted on Mar. 30, 2011; Jan. 15, 2019>
(5) The establishment of medical rehabilitation facilities under Article 58 (1) 4 shall comply with the Medical Service Act. <Amended on Mar. 30, 2011; Jan. 15, 2019>
(6) Necessary matters concerning standards for, filing of report on, report on modifications to, use, etc. of welfare facilities for persons with disabilities under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 30, 2011; Jan. 15, 2019>
 Article 59-2 Deleted. <Dec. 29, 2015>
 Article 59-3 (Restrictions on Employment in Institutions Related to Person with Disabilities)
(1) Where a court sentences a person to either punishment or medical treatment and custody for committing abuse crime of a person with disabilities or a sex crime (referring to any sexual crime referred to in Article 2 (1) of the Act on Special Cases concerning the Punishment of Sexual Crimes or any sex offense against children or youth referred to in subparagraph 2 of Article 2 of the Act on the Protection of Children and Youth against Sex Offenses; hereinafter the same shall apply), it shall, by judgement (including a summary order; hereinafter the same shall apply), issue an order (referring to giving notice in cases of a summary order) to prohibit such person from operating facilities or institutions (hereinafter referred to as "institutions related to persons with disabilities") under each of the following subparagraphs, or institutions related to the disabled or from being employed at, or providing de facto labor to, any welfare facility for persons with disabilities (hereinafter referred to as “employment restriction order”) for a specified period (hereinafter referred to as “period of restricted employment”) from the date the execution of such punishment or medical treatment and custody is wholly or partially terminated, suspended, or exempted (where the person is sentenced to a fine, referring to the date such sentence is made final and conclusive), at the same time as it renders a judgement on abuse crimes related to persons with disabilities or sexual crimes (hereinafter referred to as "abuse crimes related to persons with disabilities, etc."): Provided, That the foregoing shall not apply where the person is highly unlikely to recommit a crime, or where there are special circumstances that justify allowing the employment: <Amended on Dec. 11, 2018; Dec. 29, 2020>
1. Independent living support centers for persons with disabilities under Article 54, welfare facilities for persons with disabilities under Article 58, and institutions for advocating the rights of persons with disabilities under Article 59-11;
2. A welfare facility for senior citizens referred to in Article 31 of the Welfare of Senior Citizens Act;
3. Long-term care institutions referred to in Article 31 of the Long-Term Care Insurance Act;
4. Support centers for persons with developmental disabilities referred to in Article 33 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities;
5. Institutions that perform integrated services for children of the vulnerable under Article 37 of the Child Welfare Act and child welfare facilities under Article 52 of the same Act;
6. Medical institutions under Article 3 of the Medical Service Act (limited to medical personnel under Article 2 of the same Act, nursing assistant under Article 80 of the same Act, and medical technicians under Article 2 of the Medical Service Technologists Act);
7. Organizations providing developmental rehabilitation services under Article 21 (3) of the Act on Welfare Support for Children with Disabilities and daycare centers for children with disabilities under Article 32 of the same Act;
8. An institution that renders assistance to persons in their activities under subparagraph 6 of Article 2 of the Act on Activity Assistant Services for Persons with Disabilities;
9. Mental health welfare centers under subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients and mental health promotion facilities under subparagraph 4 of the same Article;
10. Special education institutions referred to in subparagraph 10 of Article 2 of the Act on Special Education for Persons with Disabilities and special education support centers referred to in Article 11 of the same Act.
(2) The period of restricted employment shall not exceed 10 years. <Newly Inserted on Dec. 11, 2018>
(3) Where a court intends to issue an employment restriction order under paragraph (1), it may seek opinions on the recidivism risk of the person subject to the employment restriction order from psychiatrists, psychologists, social welfare scholars, experts related to abuse of persons with disabilities, sex crime experts, experts on persons with disabilities recommended by organizations of persons with disabilities, and other relevant experts. <Newly Inserted on Dec. 11, 2018; Dec. 29, 2020>
(4) The head of an administrative agency that has jurisdiction over reporting and permitting the establishment of an institution related to the disabled (hereinafter referred to as “the head of the competent administrative agency”) shall request the heads of the relevant agencies to inquire into the elder abuse-related criminal history of a person who intends to operate any senior citizen-related institution, after obtaining consent from the relevant person: Provided, That where a person who intends to operate an institution related to persons with disabilities submits a report on his/her career inquiries related to crimes related to persons with disabilities directly to the head of the competent administrative agency, he/she is deemed to have made an inquiry regarding his/her experience in crimes related to persons with disabilities. <Amended on Dec. 11, 2018; Dec. 29, 2020>
(5) The operator of a institution related to persons with disabilities shall verify the sex offense history of those who are currently employed by or providing de facto labor in the facility or who intend to be employed by or to provide de facto labor in the facility (hereinafter referred to as “employees, etc.”), and in such cases, he/she shall request the heads of relevant agencies to inquire into such sex offense history after obtaining consent of the persons concerned: Provided, That when an employee, etc. directly submits a written reply to a request for inquiry into sex offense history to the operator of a institution related to persons with disabilities, it shall be deemed that the inquiry into sex offense history is conducted. <Amended on Dec. 11, 2018; Dec. 29, 2020>
(6) The head of the competent administrative agency shall verify or check at least once a year whether a person sentenced to an employment restriction order for committing a abuse crime, etc. related to persons with disabilities operates a institution related to persons with disabilities or is employed by or provides de facto labor in such facility, directly or by way of inquiring of relevant agencies, etc. <Amended on Dec. 11, 2018; Dec. 29, 2020>
(7) If necessary for the verification and check under paragraph (6), the head of the competent administrative agency may request the operator of a institution related to persons with disabilities to submit related materials. <Newly Inserted on Dec. 11, 2018; Dec. 29, 2020>
(8) The Minister of Health and Welfare may request the head of the competent administrative agency to submit the result of verification and check under paragraph (6). <Newly Inserted on Dec. 11, 2018; Dec. 29, 2020>
(9) If the operator of a institution related to persons with disabilities is found to be operating the facility in violation of an employment restriction order, the head of the competent administrative agency shall request him/her to close the facility. <Newly Inserted on Dec. 11, 2018; Dec. 29, 2020>
(10) If a person is found to be employed by or to provide de facto labor to a institution related to persons with disabilities in violation of an employment restriction order, the head of the competent administrative agency shall request the operator of the facility to dismiss such person. <Newly Inserted on Dec. 11, 2018; Dec. 29, 2020>
(11) Where the operator of a institution related to persons with disabilities refuses a request to close the facility under paragraph (9), or fails to meet requirements within three months, without good reason, the head of the competent administrative agency may close the institution related to persons with disabilities or request the head of a relevant administrative agency to close the facility, as prescribed by Presidential Decree. <Newly Inserted on Dec. 11, 2018; Dec. 29, 2020>
(12) The head of the relevant agency who receives a request for inquiry into the history of abuse crime, etc. related to persons with disabilities pursuant to paragraphs (4) through (6) shall issue a written reply to the request for inquiry into sex offense history. <Amended on Dec. 11, 2018; Dec. 29, 2020>
(13) Matters necessary for procedures for and scope of making inquiries into history of abuse crime, etc. related to persons with disabilities under paragraphs (4) through (6) and others shall be prescribed by Presidential Decree. <Amended on May 29, 2016; Dec. 29, 2020>
[This Article Newly Inserted on Jan. 26, 2012]
[Title Amended on Dec. 29, 2020]
[Paragraph (1) of this Article, which was determined to be unconstitutional by the Constitutional Court on Jun. 28, 2016 (Act No. 15904), was amended by promulgated on Dec. 12, 2018]
 Article 59-4 (Obligation to Report on Abuse of and Sex Offenses against Persons with Disabilities and Procedures Therefor)
(1) Any person who discovers abuse of or a sex offense against persons with disabilities may report it to the National Advocacy Agency for Persons with Disabilities or a regional advocacy agency for persons with disabilities under Article 59-11 (hereinafter referred to as “advocacy agency for persons with disabilities”) or to an investigation agency. <Amended on Jun. 22, 2015; Dec. 29, 2015; Dec. 19, 2017>
(2) Any of the following persons who discovers abuse of or a sex offense against persons with disabilities in the course of performing his/her duties shall report it to an advocacy agency for persons with disabilities or an investigation agency without delay: <Amended on Jun. 22, 2015; Dec. 29, 2015; May 29, 2016; Jan. 15, 2019>
1. Public officials exclusively in charge of social welfare referred to in Article 14 of the Social Welfare Services Act, and heads and employees of social welfare facilities referred to in Article 34 of the same Act;
2. Activity support personnel under Article 16 of the Act on Activity Assistant Services for Persons with Disabilities and the heads of the activity support institutions established under Article 20 of the same Act and the workers thereof;
3. Medical personnel defined in Article 2 (1) of the Medical Service Act and the heads of the medical institutions defined in Article 3 (1) of the same Act;
4. Medical service technologists defined in Article 1-2 of the Medical Service Technologists, etc. Act;
5. Emergency medical technicians under Article 36 of the Emergency Medical Service Act;
6. Members of the first-aid units referred to in Article 34 of the Framework Act on Fire-Fighting Services;
7. The heads and workers of mental health welfare centers defined in subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
8. The heads of the child-care centers referred to in Article 10 of the Infant Care Act and the infant care teachers and staff thereof;
9. Kindergarten personnel under Article 20 of the Early Childhood Education Act and the instructors, etc. under Article 23 of the same Act;
10. School personnel classified under Article 19 of the Elementary and Secondary Education Act, specialized counselors, etc. assigned under Article 19-2 of the same Act, and industrial-educational teachers, etc. pursuant to Article 22 of the same Act;
6. An operator, instructor, or staff member of a private teaching institute under Article 6 of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons and the operator or staff member of a teaching school under Article 14 of the same Act;
12. The heads and workers of counseling centers for the victims of sexual violence established under Article 10 of the Sexual Violence Prevention and Victims Protection Act, and the heads and workers of protection facilities for victims of sexual violence established under Article 12 of the same Act;
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;
14. The heads and workers of the counseling centers related to domestic violence established under Article 5 of the Act on the Prevention of Domestic Violence and Protection, etc. of Victims, and the heads and workers of the shelters for victims of domestic violence referred to in Article 7-2 of the same Act;
15. The head and employees of a healthy family support center under Article 35 of the Framework Act on Healthy Families;
16. The head and employees of a support center for multicultural families established under Article 12 of the Multicultural Families Support Act;
17. The National Center for the Rights of the Child under Article 10-2 of the Child Welfare Act, and the heads and workers of the foster home supporting centers under Article 48 of the Child Welfare Act;
18. The heads and workers of the single-parent family welfare facilities referred to in Article 19 of the Single-Parent Family Support Act;
19. The heads and workers of the youth establishments defined in subparagraph 6 of Article 3 of the Framework Act on Youth, and the heads and workers of the youth organizations defined in subparagraph 8 of the same Article;
20. The head or an employee of a youth protection and rehabilitation center under Article 35 of the Youth Protection Act;
21. The long-term care workers defined in subparagraph 5 of Article 2 of the Long-Term Care Insurance Act.
(3) Deleted. <Dec. 19, 2017>
(4) The Minister of Health and Welfare shall provide the persons obligated to report under paragraph (2) with guidance on the procedures, methods, etc. of filing a report on the abuse of and sex offenses against persons with disabilities. <Newly Inserted on Jun. 22, 2015; Dec. 29, 2015>
(5) The State and local government shall take measures necessary to prevent abuse of and sex offenses against persons with disabilities and to receive reports anytime. <Newly Inserted on Jun. 22, 2015; Dec. 29, 2015>
(6) The head of the competent central administrative agency prescribed in each subparagraph of paragraph (2) shall ensure that the details of education concerning the prevention of abuse of and sex offenses against persons with disabilities and the duty to report thereon are included in the courses for obtaining qualifications by the persons falling under any subparagraph of paragraph (2) or courses for refresher education for them, and submit the result to the Minister of Health and Welfare. <Newly Inserted on Jun. 22, 2015; Dec. 29, 2015; Dec. 29, 2020>
(7) The head of an institution, facility, etc. to which persons obligated to report child abuse belong, shall provide the persons obligated to report child abuse with education on the duty to report; and shall submit the outcomes of education to the head of a related central administrative agency: <Newly Inserted on Dec. 29, 2020>
(8) Provision of guidance on procedures, methods, etc. for filing reports under paragraph (4), measures taken under paragraph (5), and the details, hours, methods, etc. of education under paragraphs (6) and (7) shall be prescribed by Presidential Decree. <Newly Inserted on Jun. 22, 2015; Dec. 29, 2020>
[This Article Newly Inserted on Oct. 22, 2012]
[Title Amended on Dec. 29, 2015]
 Article 59-5 (Prohibition of Disadvantageous Measures)
No one shall take the following disadvantageous measure against any person who reports abuse of or a sex offense against a person with a disability on the grounds of reporting such crime:
1. Dismissal, removal, discharge, or other similar measures that deprive the person of his/her employment;
2. Disciplinary punishment, suspension from office, salary reduction, demotion, restriction of promotion, or other similar inappropriate personnel actions;
3. Transfer to another position or office, non-assignment of duties, reassignment of duties, or other similar personnel actions;
4. Differential payment of wages, bonuses, etc. through performance evaluations or peer review;
5. Deprivation of opportunities for self-development, such as education and training, restrictions in business on budgets and human resources, or other similar discriminative measures for working conditions;
6. Making and disclosure of a blacklist, group bullying, assault, verbal abuse, or other similar acts causing mental or physical harm;
7. An unjust audit and inspection or investigation of duties, and publication of the result thereof.
[This Article Newly Inserted on Dec. 19, 2017]
[Previous Article 59-5 Moved to Article 59-7 <Dec. 19, 2017>]
 Article 59-6 (Measures to Protect Informants of Crime of Abusing Persons with Disabilities)
Articles 7 through 13 of the Act on Protection of Specific Crime Informants shall apply mutatis mutandis to any person who reports abuse of or a sex offense against a person with a disability.
[This Article Newly Inserted on Dec. 19, 2017]
[Previous Article 59-6 Moved to Article 59-8 <Dec. 19, 2017>]
 Article 59-7 (Obligation to Take Emergency Measures)
(1) Any employee of an advocacy agency for persons with disabilities or a judicial police officer who receives a report on the abuse of persons with disabilities pursuant to Article 59-4 shall, without delay, get to the scene of such abuse. In such cases, the head of the advocacy agency for persons with disabilities or the head of the investigation agency may request each other to have an employee or a judicial police officer accompany the other party to the scene of such abuse, and upon receipt of such request, the head of the advocacy agency for persons with disabilities or the head of the investigation agency shall instruct an employee or a judicial police officer to do so unless there is a good reason for not doing so. <Amended on Jun. 22, 2015; Dec. 19, 2017>
(2) A person who has been dispatched to the site of abuse of persons with disabilities pursuant to paragraph (1) shall immediately deliver the person with disabilities to an institution or facility falling under any of the following where deemed necessary to separate the abused persons with disabilities from the abuser. In such cases, the head of the relevant institution or facility shall not reject it without justifiable grounds: <Amended on Jun. 22, 2015; Dec. 29, 2020>
1. Advocacy Institutions for persons with disabilities;
2. Shelter for the victimized persons with disabilities under Article 59-13;
3. Medical institutions;
4. Shelter for persons with disabilities in crisis development under Article 17 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities;
5. Other facilities prescribed by Presidential Decree as facilities capable of protecting the abused persons with disabilities.
(3) Any person who gets to the scene of abuse of a person with a disability pursuant to paragraph (1) may enter the place of such abuse and conduct an investigation into or interrogation of related persons to protect the abused person with a disability. In such cases, the employee of the advocacy agency for persons with disabilities may conduct such investigation or interrogation only for protecting the abused person with a disability. <Newly Inserted on Dec. 19, 2017>
(4) Any person who enters the place of abuse and conducts an investigation or interrogation pursuant to paragraph (3) shall carry a certificate indicating his/her authority and present it to the relevant persons. <Newly Inserted on Dec. 19, 2017>
(5) Any person who conducts an investigation or interrogation pursuant to paragraph (3) shall take necessary measures, such as conducting an investigation in the absence of the relevant abuser, so that the abused person with a disability, reporter, witness, and other relevant persons can state their opinions freely. <Newly Inserted on Dec. 19, 2017>
(6) No person shall refuse on-sight investigation or interfere with operations conducted by persons who arrives at the scene of abuse of persons with disabilities. <Amended on Dec. 19, 2017>
[This Article Newly Inserted on Oct. 22, 2012]
[Moved from Article 59-5;Previous Article 59-7 Moved to Article 59-9 <Dec. 19, 2017>]
 Article 59-8 (Appointment of Assistants)
(1) Legal representatives, lineal relatives, siblings, counselors affiliated with advocacy agencies for persons with disabilities, or attorneys-at-law may serve as assistants in the trials over alleged abuse of persons with disabilities: Provided, That those who are not attorneys-at-law shall obtain permission therefor from a court. <Amended on Dec. 19, 2017>
(2) In cases of questioning an abuse victim with a disability as a witness, a court may, when requested by the person in question or by a prosecutor, allow the witness to be accompanied by a person whom he/she trusts.
(3) The procedures referred to in paragraphs (1) and (2) shall apply mutatis mutandis where an investigation agency looks into abuse victims with disabilities.
[This Article Newly Inserted on Oct. 22, 2012]
[Moved from Article 59-6; Previous Article 59-8 Moved to Article 59-10] <Dec. 19, 2017>
 Article 59-9 (Prohibited Acts)
No person shall commit any of the following acts: <Amended on Feb. 8, 2017>
1. Committing sexual harassment, sexual violence, sexual crimes, etc. that cause sexual humiliation to persons with disabilities;
2. Inflicting violence or injuries on the bodies of persons with disabilities;
2-2. Forcing a person with a disability to work against his/her will by violence, menace, confinement or any other means of unfairly restraining his/her mental or physical liberty;
3. Abandoning persons with disabilities, or neglecting to provide them with protection to meet their basic needs, including food, clothing and shelter as well as medical care;
4. Making persons with disabilities beg for money or using persons with disabilities while begging for money;
5. Arresting or confining persons with disabilities;
6. Committing emotional abuse that causes harm to the mental health and development of persons with disabilities;
7. Using money and other goods donated or paid for persons with disabilities for purposes other than the original purposes;
8. Making persons with disabilities perform acrobatics that cause harm to their health and safety, for the purpose of public amusement or entertainment.
[This Article Wholly Amended on Jun. 22, 2015]
[Moved from Article 59-7 Previous Article 59-9 Moved to Article 59-11 <Dec. 19, 2017>]
 Article 59-10 (Duty to Prevent and Prohibit Abuse of Persons with Disabilities)
The State and local governments shall take the following measures to prevent and prohibit the abuse of persons with disabilities:
1. Formulation and implementation of various policies to prevent and prohibit abuse of persons with disabilities;
2. Examination of the current status of the research, education, public relations, and abuse of persons with disabilities to prevent and prohibit abuse of persons with disabilities;
3. Establishment and operation of a reporting system on the abuse of persons with disabilities;
4. Protection and medical treatment of persons with disabilities who have become victims of abuse (hereinafter referred to as "victimized persons with disabilities) and support for households with victimized persons with disabilities;
5. Support for institutions, corporations, organizations, facilities, etc. related to the prevention of abuse of persons with disabilities;
6. Other matters prescribed by Presidential Decree for the prevention and prohibition of abuse of persons with disabilities.
[This Article Newly Inserted on Jun. 22, 2015]
[Moved from Article 59-8; Previous Article 59-10 Moved to Article 59-12 <Dec. 19, 2017>]
 Article 59-11 (Establishment of Institutions Protecting Rights and Interests of Persons with Disabilities)
(1) In order to establish a link among regions and to prevent abuse of persons with disabilities, the State shall establish and operate the National Advocacy Agency for Persons with Disabilities to be in charge of the following duties:
1. Supporting regional advocacy agencies for persons with disabilities referred to in paragraph (2);
2. Conducting research and fact-finding survey on the prevention of abuse of persons with disabilities;
3. Developing and disseminating programs related to the prevention of abuse of persons with disabilities;
4. Engaging in education and public relations related to the prevention of abuse of persons with disabilities;
5. Nurturing professional human resources related to the prevention of abuse of persons with disabilities and cultivating their capabilities;
6. Building a cooperative network among related institutions, corporations, organizations, and facilities and facilitating mutual exchange;
7. Receiving reports on abuse of persons with disabilities and performing other duties prescribed by Ordinance of the Ministry of Health and Welfare concerning the prevention of abuse of persons with disabilities.
(2) In order to promptly discover and protect abused persons with disabilities and to provide medical treatment to them, as well as to prevent abuse of persons with disabilities, a regional advocacy agency for persons with disabilities in charge of the following duties shall be established in the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, and the Special Self-Governing Province:
1. Receiving reports on abuse of persons with disabilities, conducting on-site investigation and providing emergency protection;
2. Counseling and conducting follow-up management for victimized persons with disabilities, their family members, and those who abuse persons with disabilities;
3. Engaging in education and public relations related to the prevention of abuse of persons with disabilities;
4. Establishing and operating a committee for judging cases concerning abuse of persons with disabilities;
5. Performing other duties prescribed by Ordinance of the Ministry of Health and Welfare concerning the prevention of abuse of persons with disabilities.
(3) If necessary for performing the duties pursuant to paragraphs (1) and (2), the head of an advocacy agency for persons with disabilities may request the head of a relevant institution to ascertain facts or provide related data. In such cases, the head of the relevant institution requested to provide data shall comply with such request unless there is a good reason for not doing so. <Newly Inserted on Dec. 19, 2017>
(4) The Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor may designate a public institution established under Article 4 of the Act on the Management of Public Institutions or a nonprofit corporation the purpose of which is to prevent and prohibit abuse of persons with disabilities and may entrust it with the operation of an advocacy agency for persons with disabilities. In such cases, the Minister of Health and Welfare, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, and the Special Self-Governing Province Governor may subsidize the operation thereof. <Amended on Dec. 19, 2017>
(5) Necessary matters concerning the establishment standards and operation of an advocacy agency for persons with disabilities, qualifications of counselors and criteria for their placement, designation of institutions, etc. to be entrusted with the operation, expenses for the entrustment and subsidization, and other relevant matters shall be prescribed by Presidential Decree. <Amended on Dec. 19, 2017>
[This Article Newly Inserted on Jun. 22, 2015]
[Moved from Article 59-9; Previous Article 59-11 Moved to Article 59-13 <Dec. 19, 2017>]
 Article 59-12 (Follow-up Management)
(1) Even after abuse of a person with a disability ceases, the head of an advocacy agency for persons with disabilities shall check for any recurrence of the abuse, through a home visit, facility visit, telephone counseling, etc.
(2) Even after abuse of a person with a disability ceases, the head of an advocacy agency for persons with disabilities shall provide support such as counseling, education, and medical and psychological treatment to the victimized person with a disability, his/her guardian (referring to a person of parental authority, a guardian under the Civil Act, a person who protects, fosters, or educates a person with a disability or a person who has such duties, or a person who de facto protects and supervises a person with a disability based on the relationship of business, employment, etc.; hereafter the same shall apply in this Article) and family members to ensure the safety of the victimized person with a disability, to prevent any recurrence of the abuse, and to help maintain a functional family.
(3) In order to provide support under paragraph (2), the head of an advocacy agency for persons with disabilities may request cooperation from related institutions, corporations, organizations, and facilities.
(4) In providing support under paragraph (2), the head of an advocacy agency for persons with disabilities shall prioritize the interests of the victimized person with a disability.
(5) Guardians and family members of victimized persons with disabilities shall participate in the support provided by an advocacy agency for persons with disabilities under paragraph (2), and they shall not, without good reason, refuse or interfere with the performance of duties by an advocacy agency for persons with disabilities under paragraphs (1) and (2). <Amended on Dec. 19, 2017>
[This Article Newly Inserted on Jun. 22, 2015]
[Moved from Article 59-10 <Dec. 19, 2017>]
 Article 59-13 (Shelters for Victimized Persons with Disabilities)
(1) The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor and the Special Self-Governing Province Governor may establish and operate shelters to protect victimized persons with disabilities temporarily and to support their rehabilitation to the society.
(2) Matters necessary for establishment, operation, etc. of shelters for persons with disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Feb. 8, 2017]
[Moved from Article 59-11 <Dec. 19, 2017>]
 Article 59-14 (Notification of Abuse of Persons with Disabilities)
(1) Where a judicial police officer has any reason to suspect that a person with a disability is abused, in the course of performing his/her duties concerning cases of the death of, or injury to any person with disability, domestic violence, etc., he/she shall notify an advocacy agency for persons with disabilities of such fact.
(2) Upon receipt of a notification under paragraph (1), the advocacy agency for persons with disabilities shall take necessary measures, such as protecting the relevant abuse victim.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 59-15 (Special Cases concerning Appointment of Attorney-at-Laws for Victimized Persons with Disabilities)
(1) A victimized person with a disability of an abuse case and his/her legal representative may appoint an attorney to protect against damage that may be incurred in criminal proceedings and to ensure legal assistance.
(2) Article 27 (2) through (6) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply mutatis mutandis to a lawyer appointed under paragraph (1).
[This Article Newly Inserted on Dec. 29, 2020]
 Article 60 (Commencement of Operation of Welfare Facilities for Persons with Disabilities)
(1) A person who files a report under Article 59 (2) shall, without delay, commence the operation of facilities.
(2) When a facility operator intends to suspend or resume operations at the facilities or close the facilities, he/she shall report such intention to the head of a Si/Gun/Gu in advance, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 30, 2011>
(3) When a facility operator suspends operations at the facilities or close the facilities under paragraph (2), he/she shall take the following measures to protect the rights and interests of users of such facilities, as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the head of a Si/Gun/Gu shall check the details of the measures and accept the report pursuant to paragraph (2): <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 30, 2011; Jan. 15, 2019>
1. Measures to allow facility users to choose another facility in cooperation with the head of a Si/Gun/Gu and to confirm the implementation thereof;
2. When usage fees, rents, etc. are charged to facility users, measures to reimburse such costs paid but not spent and to confirm the execution thereof;
3. Measures to check how subsidies and donations are being used and to retrieve the remaining property among the property purchased with the subsidies and donations;
4. Other measures deemed necessary to protect the rights and interests of facility users.
(4) When a facility operator intends to resume operations at the facility pursuant to paragraph (2), he/she shall take the following measures to protect the rights and interests of facility users as prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the head of a Si/Gun/Gu shall check the details of the measures and accept the report pursuant to paragraph (2): <Newly Inserted on Mar. 30, 2011; Jan. 15, 2019>
1. Cessation of the ground to suspend the operation;
2. Formulating plans for stable operations in the future;
3. Other measures the Minister of Health and Welfare deems necessary for the protection of rights and interests of facility users.
(5) Matters necessary for the report, etc. on the commencement, suspension and resumption of facility operations and the closing of facilities under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 30, 2011>
[Title Amended on Mar. 30, 2011]
 Article 60-2 (Procedure for Use of Residential Homes for Persons with Disabilities)
(1) Any person who intends to use a residential home for persons with disabilities, any relative thereof or any other relevant persons shall apply to the head of a Si/Gun/Gu for the use of facilities designed for persons with disabilities by submitting documents prescribed by Ordinance of the Ministry of Health and Welfare.
(2) The head of a Si/Gun/Gu, upon receiving an application for the use of a facility pursuant to paragraph (1), shall examine the eligibility of the applicant to use the facility based on the results of the comprehensive survey for providing services under Article 32-4, and determine whether to make the facility available to him/her according to the results thereof. <Amended on Dec. 19, 2017>
(3) The head of each Si/Gun/Gu shall determine the eligibility of applicants for the use of facilities referred to in paragraph (2) and expenses to be borne by the applicants referred to in Article 79 (2) and notify the results thereof to the applicants and the operators of facilities.
(4) When a facility user uses a facility without going through the procedures referred to in paragraphs (1) through (3), the facility operator shall report such fact to the head of the Si/Gun/Gu as prescribed by Ordinance of the Ministry of Health and Welfare, and the head of the Si/Gun/Gu shall take necessary measures, such as verification of eligibility to use the facility.
(5) Facility operators shall conclude contracts with applicants for the use of facilities covering such details as service terms and conditions and expenses to be borne by applicants, and report the results thereof to the head of the relevant Si/Gun/Gu. <Amended on Dec. 19, 2017>
(6) In principle, each contract referred to in paragraph (5) shall be concluded by persons with disabilities who are to use facilities, except that persons prescribed by Presidential Decree may execute some or all of contracting procedures vicariously where persons with disabilities have difficulties in concluding contracts due to lack of intellectual abilities.
(7) When a facility user intends to suspend the use of the facility, he/she shall express such intention to a facility operator prior to a period prescribed by Ordinance of the Ministry of Health and Welfare. In such cases, the facility operator shall take necessary measures in connection with the suspension of use and shall not put those who wish to suspend the use of the facility at a disadvantage or discriminate against them.
(8) Detailed methods necessary for utilizing the results of the comprehensive survey for providing services under paragraph (2) and contract details under paragraph (5) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 19, 2017>
[This Article Newly Inserted on Mar. 30, 2011]
 Article 60-3 (Minimum Service Standards in Residential Homes for Persons with Disabilities)
(1) The Minister of Health and Welfare shall put in place minimum standards for services that should be available in residential homes for persons with disabilities, and each welfare services agency for persons with disabilities shall take necessary measures to meet such requirements.
(2) Each facility operator shall maintain services at a level equal to or greater than the minimum service standards referred to in paragraph (1).
(3) Details of the minimum service standards as referred to in paragraph (1) and matters necessary for implementing those standards shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Mar. 30, 2011]
 Article 60-4 (Obligations for Operators of Residential Homes for Persons with Disabilities)
(1) Facility operators shall protect the human rights of facility users and, when their human rights are infringed, shall take measures, immediately, as remedies for the infringement thereof.
(2) Facility operators shall provide facility users with necessary services, such as housing, medical treatment, living support, and support for community activities.
(3) Facility operators shall endeavor to guarantee the privacy and the right of self-determination of facility users. <Amended on Feb. 8, 2017>
(4) In order to protect the human rights of facility users, each facility operator shall operate, in the residential facility for persons with disabilities, a team for watching human rights of persons with disabilities who use the facility. <Newly Inserted on Feb. 8, 2017>
(5) Detailed matters concerning the composition and operation of a team for watching human rights of persons with disabilities who use the facility, referred to in paragraph (4), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Feb. 8, 2017>
[This Article Newly Inserted on Mar. 30, 2011]
 Article 60-5 (Disposal of Property without Heirs)
(1) The operator of a residential facility for persons with disabilities shall deal with the property of the deceased person pursuant to Articles 1053 through 1059 of the Civil Act when a person admitted to the facility dies and the existence of the heir is not clear: Provided, That If the remaining property of the deceased person is less than the amount pursuant to the proviso to Article 45-2 (1) of the Social Welfare Services Act, the disposal of the property may be replaced by preparing a list of remaining property and reporting it to the head of the competent Si/Gun/Gu.
(2) Upon receiving the report pursuant to the proviso to paragraph (1), the head of the Si/Gun/Gu shall notify an heir, general inheritor, bequester, or any other person who intends to claim the right to the inherited property within six months.
(3) If there is a person who claims the right to inherited property within the period under paragraph (2), the head of a Si/Gun/Gu shall pay dividends among the creditors reported within the period pursuant to Article 1034 of the Civil Act.
(4) If no one claims the right to the inherited property even after the period under paragraph (2) has elapsed, the inherited property shall belong to the local government.
(5) In addition to the matters prescribed in paragraphs (1) through (4), detailed procedures for the disposal of property without an heir shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 29, 2020]
 Article 61 (Supervision)
(1) A welfare services agency for persons with disabilities shall guide and supervise the operation of a person who establishes and operates welfare facilities for persons with disabilities and the actual conditions of human rights of the persons with disabilities who use the facilities and, if necessary, may order him/her to file a report on the facilities or submit related documents, and require a public official under its jurisdiction to investigate and examine the operation conditions, books, and other documents of the facilities and question related persons.
(2) When the relevant public official performs his/her duties under paragraph (1), he/she shall present to related persons the certificate indicating his/her authority and a document stating the matters prescribed by Ordinance of the Ministry of Health and Welfare, such as the period and scope of investigation, the person in charge of the investigation, and relevant statutes. <Amended on Dec. 29, 2015>
 Article 62 (Improvement of Facilities, Suspension and Closing of Operations, and Other Relevant Matters)
(1) When welfare facilities for persons with disabilities fall under any of the following subparagraphs, welfare services agencies for persons with disabilities may issue an order to improve the facilities, suspend operations, replace the head of the facilities, or close the facilities concerned: <Amended on Mar. 30, 2011; Jan. 15, 2019>
1. When the facilities fail to meet the facility standards under Article 59 (6);
2. When facility operators fail to make a report under Article 61 without good reason or make a false report, or refuses, interferes with, or evades investigation, examination or questions;
3. When permission for the establishment of a social welfare corporation or a nonprofit corporation is revoked where the facilities were established and operated by the said social welfare corporation or the nonprofit corporation;
4. When accounting fraud at facilities, illegal acts such as infringement on human rights of the persons with disabilities who use the facilities, or other unjust acts are found;
5. When it is deemed unnecessary to continue operations at the facilities because the objective of establishment has already been attained, or for other reasons;
6. Where the facilities violate this Act or any order or disposition issued under this Act.
(2) When a residential home for persons with disabilities provided for in Article 58 (1) 1 fails to meet the minimum service standards referred to in Article 60-3, a welfare services agency for persons with disabilities may issue an order to improve such facility, suspend its business, replace the head of such facility, or close such facility. <Newly Inserted on Mar. 30, 2011>
(3) The standards for dispositions issued under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare taking into consideration the types, causes, degree, etc. of violations. <Newly Inserted on Feb. 8, 2017>
 Article 63 (Protecting and Promoting Organizations)
(1) The State and local governments shall endeavor to protect and promote welfare organizations for persons with disabilities to enhance the welfare of and assist the self-reliance of persons with disabilities.
(2) The State and local governments may fully or partially subsidize the business, activities, operation, or facilities of the organizations under paragraph (1) within the budget. <Amended on Dec. 29, 2015>
 Article 64 (Council of Welfare Organizations for Persons with Disabilities)
(1) The council of welfare organizations for persons with disabilities (hereinafter referred to as the "council") may be established to support the activities of welfare organizations for persons with disabilities and enhance the welfare of persons with disabilities.
(2) The council shall be a social welfare corporation under the Social Welfare Services Act, but Article 23 (1) of the Social Welfare Services Act shall not apply to the council.
(3) Matters necessary for the organization and operation of the council shall be prescribed by the articles of association.
CHAPTER VI AUXILIARY APPLIANCES FOR PERSONS WITH DISABILITIES
 Article 65 (Auxiliary Appliances for Persons with Disabilities)
(1) "Auxiliary appliances for persons with disabilities" means artificial limbs and aids used by persons with disabilities for the prevention and supplement of the disability and functional improvement and other protectors prescribed by the Minister of Health and Welfare, and daily necessities used to promote convenience in daily lives. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) The Minister of Health and Welfare may perform projects related to the support and promotion of the use of auxiliary appliances for persons with disabilities under paragraph (1) as prescribed by other Acts to promote convenience, etc. of daily life of persons with disabilities. <Amended on Dec. 29, 2015>
 Article 66 Deleted. <Dec. 29, 2015>
 Article 67 Deleted. <Dec. 29, 2015>
 Article 68 Deleted. <Dec. 29, 2015>
 Article 69 (Notice of Opening of Prosthetics/Orthotics Manufacturing Business)
(1) A person who engages in the business of manufacturing, remodeling, and repairing prosthetics/orthotics and applying them to human bodies (hereinafter referred to as "prosthetics/orthotics manufacturing business") shall notify the head of a Si/Gun/Gu of the opening of his/her manufacturing facility, as prescribed by Ordinance of the Ministry of Health and Welfare, within seven days after he/she opens such facility. The same shall also apply where he/she changes any of the important matters prescribed by Ordinance of the Ministry of Health and Welfare, such as change of the seat of the manufacturing facility. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) A manufacturer of prosthetics/orthotics shall employ at least one prosthetist/orthotist certified under Article 72: Provided, That where the manufacturer himself/herself is a prosthetist/orthotist, he/she is not required to employ an additional prosthetist/orthotist.
(3) No manufacturer of prosthetics/orthotics shall engage in the same manufacturing business in the same place before six months have elapsed since he/she was ordered to close the manufacturing facility under Article 70.
(4) A manufacturer of prosthetics/orthotics shall manufacture or remodel prosthetics/orthotics according to prescriptions by doctors.
 Article 70 (Closing of Manufacturing Facility for Prosthetics/Orthotics)
(1) Where a manufacturer of prosthetics/orthotics falls under any of the following, the head of a Si/Gun/Gu may order the closing of the manufacturing facility:
1. Where he/she engages in prosthetics/orthotics manufacturing business without employing a prosthetist/orthotist, in violation of Article 69 (2);
2. Where he/she conducts business during a period of business suspension or has been issued disposition to suspend his/her business three or more times.
(2) Where a manufacturer of prosthetics/orthotics is found to have injured a user of prosthetics/orthotics by intention or by gross negligence while conducting prosthetics/orthotics manufacturing business, the head of a Si/Gun/Gu may order the suspension of business for a period of up to six months, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
CHAPTER VII HUMAN RESOURCES SPECIALIZED IN WELFARE OF PERSONS WITH DISABILITIES
 Article 71 (Nurturing Welfare Workers Providing Professional Services for Persons with Disabilities)
(1) The State and local governments and other public organizations shall endeavor to nurture and train professionals providing welfare services for persons with disabilities, including prosthetists/orthotists, speech-language pathologists, rehabilitation counselors, Korean sign language interpreters, braille interpreters and remedy practitioners, and others engaged in affairs related to welfare services for persons with disabilities. <Amended on Aug. 4, 2011; Dec. 29, 2015; Feb. 3, 2016>
(2) Matters concerning the scope, etc., of professionals providing welfare services for persons with disabilities under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(3) The State and local governments may entrust related specialized institutions, etc. with nurturing of professionals providing welfare services for persons with disabilities under paragraph (1).
(4) The State and local governments may subsidize the nurturing of professionals providing welfare services for persons with disabilities under paragraph (1) within the budget.
 Article 72 (Issuance of Prosthetist/Orthotist Certificates)
(1) The Minister of Health and Welfare shall issue a prosthetist/orthotist certificate to any of the following persons who have passed a national examination under Article 73 (hereinafter referred to as "prosthetist/orthotist"): <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 23, 2013; Dec. 11, 2018>
1. A person who completed a curriculum related to prosthetics/orthotics prescribed by Ordinance of the Ministry of Health and Welfare in a junior college under the Higher Education Act or any other school deemed equivalent to or higher than that by the Minister of Education, and graduated from such junior college or school;
2. A person who completed education courses equal to or higher than a school (referring to a school meeting standards for recognition determined and publicly notified by the Minister of Health and Welfare) under subparagraph 1 in a foreign country recognized by the Minister of Health and Welfare, and obtained a foreign prosthetist/orthotist certificate.
(2) A prosthetist/orthotist certificate shall be reissued at the request of the certificate holder who has lost or damaged his/her certificate.
(3) No prosthetist/orthotist certificate shall be lent to another person.
(4) Necessary matters concerning the procedures for and management of the issuance and re-issuance of the certificates under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 72-2 (Issuance of Speech-Language Pathologist Certificates)
(1) The Minister of Health and Welfare shall issue a speech-language pathologies certificate to a person who satisfies the qualifications provided for in paragraph (2) and has passed a national examination under Article 73 (hereinafter referred to as "speech-language pathologist").
(2) The types of speech-language pathologists and the eligibility requirements to take a national examination shall be classified as follows. In such cases, a person who has obtained an academic degree in speech-language pathology at a graduate school, university, college, or junior college (referring to a school meeting standards for recognition determined and publicly notified by the Minister of Health and Welfare) of a foreign country and is deemed by the Minister of Health and Welfare to have academic background fulfilling the criteria for qualifications by grade shall be deemed to meet the eligibility requirements to take the examination for the relevant grade: <Amended on Dec. 11, 2018>
1. Grade I speech-language pathologist: Any of the following persons with the Grade II speech-language pathologist certificate:
(a) A person with a master’s degree or doctoral degree in speech-language pathology from a graduate school under the Higher Education Act who has worked for any speech-language rehabilitation institution for at least one year;
(b) A person with a bachelor's degree in a speech-language pathology-related major at a university or college under the Higher Education Act who has worked for any speech-language rehabilitation institution for at least three years;
2. Grade II speech-language pathologist: A person who has completed a curriculum related to speech-language pathology at a graduate school, university, college, or junior college under the Higher Education Act and who has obtained a master's degree, bachelor's degree, or associate’s degree in the relevant major.
(3) A speech-language pathologist certificate shall be reissued at the request of the certificate holder who has lost his/her certificate or whose certificate is damaged.
(4) No speech-language pathology certificate shall be lent to another person.
(5) Necessary matters concerning the procedures for and management of the issuance and re-issuance of the certificates under paragraphs (1) and (3), the scope of speech-language rehabilitation institutions, speech-language pathology-related majors at graduate schools, universities, colleges, and junior colleges, the scope of relevant curricula to be completed by speech-language pathologists, and other relevant matters under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Aug. 4, 2011]
 Article 72-3 (Issuance of Certificate for Rehabilitation Counselor)
(1) In order to support occupational rehabilitation, etc. of persons with disabilities, the Minister of Health and Welfare shall issue a certificate for rehabilitation counselor to a person who meets the qualifications prescribed in paragraph (2) and has passed a national examination under Article 73 (hereinafter referred to as "rehabilitation counselor").
(2) The types of rehabilitation counselors and the eligibility requirements to take a national examination shall be classified as follows. In such cases, a person who has obtained a degree in a field of rehabilitation of persons with disabilities from a graduate school, university, college, or junior college (referring to a school meeting standards for recognition determined and publicly notified by the Minister of Health and Welfare) of a foreign country and is deemed by the Minister of Health and Welfare to have academic background fulfilling the criteria for qualifications by grade shall be deemed to meet the eligibility requirements to take the examination for the relevant grade: <Amended on Dec. 11, 2018>
1. Grade I rehabilitation counselor: Any of the following persons:
(a) A person who has received a doctor's degree in a field of rehabilitation of persons with disabilities from a graduate school under the Higher Education Act;
(b) A person with the certificate for Grade II rehabilitation counselor who has received a master's degree in a field of rehabilitation of persons with disabilities from a graduate school under the Higher Education Act;
(c) A person with the certificate for Grade II rehabilitation counselor who has worked for any institution related to rehabilitation of persons with disability for at least three years;
(d) A person with the certificate for Grade II social welfare worker who has worked for any institution related to rehabilitation of persons with disability for at least five years;
2. Grade II rehabilitation counselor: Any of the following persons:
(a) A person who has completed a curriculum related to rehabilitation of persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare at a university or college under the Higher Education Act;
(b) A person with the certificate for Grade III rehabilitation counselor who has worked for any institution related to rehabilitation of persons with disabilities for at least two years;
(c) A person with the certificate for Grade II social welfare worker who has worked for any institution related to rehabilitation of persons with disabilities for at least three years;
3. Grade III rehabilitation counselor: A person who has completed a curriculum related to rehabilitation of persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare at a junior college under the Higher Education Act.
(3) A certificate for rehabilitation counselor shall be reissued at the request of the certificate holder who has lost his/her certificate or whose certificate is damaged.
(4) No certificate for rehabilitation counselor shall be lent to another person.
(5) Necessary matters concerning the procedures for and management of the issuance and reissuance of the certificates under paragraphs (1) and (3), and the scope of the fields of rehabilitation of persons with disabilities, related institutions, related curricula, etc. under paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
[This Article Newly Inserted on Dec. 29, 2015]
 Article 72-3 (Issuance of Certificate for Rehabilitation Counselor)
(1) In order to support occupational rehabilitation, etc. of persons with disabilities, the Minister of Health and Welfare shall issue a certificate for rehabilitation counselor to a person who meets the qualifications prescribed in paragraph (2) and has passed a national examination under Article 73 (hereinafter referred to as "rehabilitation counselor").
(2) The types of rehabilitation counselors and the eligibility requirements to take a national examination shall be classified as follows. In such cases, a person who has obtained a degree in a field of rehabilitation of persons with disabilities from a graduate school, university, college, or junior college (referring to a school meeting standards for recognition determined and publicly notified by the Minister of Health and Welfare) of a foreign country and is deemed by the Minister of Health and Welfare to have academic background fulfilling the criteria for qualifications by grade shall be deemed to meet the eligibility requirements to take the examination for the relevant grade: <Amended on Dec. 11, 2018; Dec. 3, 2019>
1. Grade I rehabilitation counselor: Any of the following persons:
(a) A person who has received a doctor's degree in a field of rehabilitation of persons with disabilities from a graduate school under the Higher Education Act;
(b) A person who has completed a curriculum related to rehabilitation of persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare at a graduate school, university, college, or cyber college under the Higher Education Act and who has received a master's degree or bachelor's degree in the relevant major;
(c) A person with the certificate for Grade II rehabilitation counselor who has worked for any institution related to rehabilitation of persons with disability for at least three years;
(d) A person with the certificate for social welfare worker who has worked for any institution related to rehabilitation of persons with disability for at least five years;
2. Grade II rehabilitation counselor: Any of the following persons:
(a) A person who has completed a curriculum related to rehabilitation of persons with disabilities prescribed by Ordinance of the Ministry of Health and Welfare at a junior college or cyber college under the Higher Education Act and who has received an associate’s degree in the relevant major;
(b) Deleted; <Dec. 3, 2019>
(c) A person with the certificate for social welfare worker who has worked for any institution related to rehabilitation of persons with disabilities for at least three years;
3. Deleted; <Dec. 3, 2019>
(3) A certificate for rehabilitation counselor shall be reissued at the request of the certificate holder who has lost his/her certificate or whose certificate is damaged.
(4) No certificate for rehabilitation counselor shall be lent to another person.
(5) Necessary matters concerning the procedures for and management of the issuance and reissuance of the certificates under paragraphs (1) and (3), and the scope of the fields of rehabilitation of persons with disabilities, related institutions, and related majors and curricula under paragraph (2), shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Dec. 3, 2019>
[This Article Newly Inserted on Dec. 29, 2015]
[Enforcement Date: Dec. 4, 2021] Article 72-3
 Article 73 (Execution of National Examinations)
(1) The Minister of Health and Welfare shall execute national examinations for prosthetists/orthotists, speech-language pathologists, and rehabilitation counselors (hereinafter referred to as "prosthetists/orthotists, etc."), and the timing and method of the execution, subjects of the examinations, and other matters necessary for executing the examinations shall be prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011; Dec. 29, 2015>
(2) The Minister of Health and Welfare may entrust the affairs concerning the execution of the national examinations under paragraph (1) to the Korea Health Personnel Licensing Examination Institute under the Korea Health Personnel Licensing Examination Institute Act, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 22, 2015>
[Title Amended on Aug. 4, 2011]
 Article 74 (Restriction on Qualifications to Apply for Examination)
(1) None of the following persons shall be entitled to apply for the national examination under Article 73: <Amended on Oct. 17, 2007; Aug. 4, 2011; Feb. 8, 2017; Sep. 19, 2017; Dec. 19, 2017>
1. A mental patients under subparagraph 1 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients: Provided, That this shall not apply to a person deemed qualified as a prothetist/orthotist, etc. by a medical specialist;
2. A narcotic, hemp, or psychotropic drug addict;
3. A person under adult guardianship;
4. A person for whom his/her imprisonment without labor or greater punishment declared by a court for a violation of this Act, Articles 234 and 317 (1) of the Criminal Act, the Medical Service Act, the National Health Insurance Act, the Medical Care Assistance Act, the Act on Special Measures for the Control of Public Health Crimes, the Narcotics Control Act, or the Prevention of Acquired Immunodeficiency Syndrome Act was not completely executed or the non-execution of such sentence became final.
(2) A person who has applied for the national examination under Article 73 by wrongful means or who has cheated in the national examination shall be suspended from the examination or have his/her exam results nullified.
(3) A person who has been suspended from the examination or whose exam results have been nullified under paragraph (2) shall be prohibited from applying for the national examination under Article 73 up to twice thereafter.
 Article 75 (Continuing Education)
(1) The Minister of Health and Welfare may order prosthetists/orthotists, etc. to receive continuing education to improve their qualifications. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011>
(2) Necessary matters concerning the timing and method, etc. of supplementary education under paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010>
 Article 76 (Revocation of Qualifications)
When a prosthetist/orthotist, etc. falls under any of the following subparagraphs, the Minister of Health and Welfare shall revoke his/her qualifications: <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011; Dec. 29, 2015>
1. When he/she lends his/her certificate to another person, in violation of Article 72 (3);
1-2. When he/she lends his/her speech-language pathologist certificate to another person, in violation of Article 72-2 (4);
1-3. When he/she lends his/her certificate for rehabilitation counselor to another person, in violation of Article 72-3 (4);
2. When he/she falls under any subparagraph of Article 74 (1);
3. When he/she performs his/her work during the period of business suspension under Article 77 or has been issued disposition to suspend his/her qualifications three times.
 Article 77 (Suspension of Qualifications)
Where a prosthetist/orthotist, etc. falls under any of the following subparagraphs, the Minister of Health and Welfare may suspend his/her qualifications for up to six months, as prescribed by Ordinance of the Ministry of Health and Welfare: <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011; Dec. 29, 2015>
1. When he/she inflicts bodily injury on a user of prosthetics/orthotics by intention or gross negligence in the course of performing his/her duties as a prosthetist/orthotist;
1-2. When he/she inflicts damage on the functions of persons subject to speech-language rehabilitation by intention or gross negligence in the course of performing his/her duties as a speech-language pathologist;
1-3. When he/she inflicts damage on a person subject to rehabilitation by intention or gross negligence in the course of performing his/her duties as a rehabilitation counselor;
2. When he/she fails to receive supplementary education under Article 75 on at least two consecutive occasions.
 Article 78 (Fees)
A person who intends to apply for a national examination for prosthetists/orthotists, etc. or who intends to have a certificate for prosthetist/orthotist, etc. issued or reissued shall pay fees, as prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 29, 2008; Jan. 18, 2010; Aug. 4, 2011>
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 Article 79 (Bearing Expenses)
(1) Welfare services agencies for persons with disabilities may be required to bear expenses to be incurred in the measures taken under Articles 38 (1), 43 (1), 49 (1), 50 (1) and (2), and 55 (1), and in the establishment and operation of welfare facilities for persons with disabilities under Article 59 (1) within the budget, as prescribed by Presidential Decree. <Amended on Mar. 30, 2011; Dec. 29, 2015>
(2) The State and local governments may bear some or all of expenses to be incurred by persons with disabilities in using welfare facilities for persons with disabilities referred to in Article 58 and may impose charges on facility users in consideration of their assets and incomes. In such cases, matters concerning expenses to be borne by users shall be prescribed by Presidential Decree. <Newly Inserted on Mar. 30, 2011>
 Article 80 (Collection of Expenses)
(1) Welfare services agencies for persons with disabilities that have borne the expenses incurred in taking the measures under Article 34 (1) 1 may collect all or some of the expenses borne by them from the relevant persons with disabilities or the persons under duty to support the disabled as prescribed by Presidential Decree.
(2) Deleted. <Mar. 30, 2011>
 Article 80-2 (Korean Association of Speech-Language Pathologists)
(1) Speech-language pathologists may establish a Korean Association of Speech-Language Pathologists in order to develop and disseminate professional knowledge and skills regarding speech-language rehabilitation and promote education and training to improve qualifications of speech-language pathologists and welfare of speech-language pathologists. <Amended on Dec. 3, 2019>
(2) The Korean Association of Speech-Language Pathologists referred to in paragraph (1) shall be a juristic person. <Amended on Dec. 3, 2019>
(3) Except as provided in this Act, with respect to the Korean Association of Speech-Language Pathologists referred to in paragraph (1), the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis. <Amended on Dec. 3, 2019>
[This Article Newly Inserted on Aug. 4, 2011]
 Article 80-3 (Korean Association of Rehabilitation Counselor)
(1) Rehabilitation counselors may establish a Korean Association of Rehabilitation Counselor in order to develop and disseminate professional knowledge and skills regarding rehabilitation of persons with disabilities and to promote education and training to improve qualifications of rehabilitation counselors and welfare of rehabilitation counselors.
(2) The Korean Association of Rehabilitation Counselor referred to in paragraph (1) shall be a juristic person.
(3) Except as provided in this Act, with respect to the Korean Association of Rehabilitation Counselor referred to in paragraph (1), the provisions of the Civil Act concerning incorporated associations shall apply mutatis mutandis.
[This Article Newly Inserted on Dec. 3, 2019]
 Article 81 (Subsidizing Expenses)
The State and local governments may subsidize whole or part of expenses incurred in establishing and operating welfare facilities for persons with disabilities as prescribed by Presidential Decree.
 Article 82 (Prohibition of Seizure)
(1) No money and goods provided to persons with disabilities under this Act shall be seized. <Amended on May 29, 2016>
(2) No claim for the deposit of the welfare benefit receipt account of a person with disability under Article 50-4 (1) shall be seized. <Newly Inserted on May 29, 2016>
 Article 83 (Tax Reduction or Exemption)
(1) Taxes on money and goods provided to persons with disabilities under this Act and on goods manufactured by persons with disabilities at welfare facilities designed for the disabled under Article 58 and at welfare organizations designed for people with disabilities under Article 63 shall be reduced or be eliminated, as prescribed by the Restriction of Special Taxation Act, the Restriction of Special Local Taxation Act, and other tax-related statutes. <Amended on Mar. 31, 2010>
(2) Deleted. <Jan. 26, 2012>
 Article 83-2 (Hearings)
Each welfare services agency for persons with disabilities shall hold a hearing to take one of the following measures: <Amended on Dec. 29, 2015; Feb. 8, 2017>
1. Revocation of designation of an implementing agency under Article 30-2 (3);
2. Revocation of registration of a person with a disability under Article 32-3 (1) 2 or 3;
3. An order to permanently close a welfare facility for persons with disabilities referred to in Article 62;
4. An order to permanently close a manufacturing facility for prosthetics/orthotics referred to in Article 70 (1);
5. Revocation of the certificates of prosthetics/orthotics, etc. referred to in Article 76.
[This Article Newly Inserted on Jan. 26, 2012]
 Article 84 (Raising Objections)
(1) A person with a disability or his/her legal representative, etc. may, when he/she has objection to welfare measures taken under this Act, file an objection with the relevant welfare services agency for persons with disabilities. <Amended on Feb. 8, 2017; Dec. 19, 2017>
(2) The objection referred to in paragraph (1) shall be filed in writing within 90 days from the date the relevant person recognizes the welfare measure in question: Provided, That where the person proves that he/she was unable to file an objection within that period for good reason, he/she may file an objection within 60 days from the date such reason ceases to exist. <Newly Inserted on Dec. 19, 2017>
(3) Welfare services agencies for persons with disabilities shall, upon receipt of an objection under paragraph (1), examine, determine, and notify the applicant of the results within 30 days. <Amended on Dec. 19, 2017>
(4) A person who has objection to the examination and determination under paragraph (3) may bring an administrative appeal under the Administrative Appeals Act. <Amended on Dec. 19, 2017>
[Title Amended on Dec. 19, 2017]
 Article 85 (Delegation of Authority)
(1) Part of the authority of the Minister of Health and Welfare, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Special Self-Governing Province Governor (hereafter referred to as "Mayor/Do Governor" in this Article) under this Act may be delegated to the President of the National Rehabilitation Center, to Mayors/Do Governors or to the heads of Sis/Guns/Gus as prescribed by Presidential Decree. <Amended on Jun. 22, 2015>
(2) Part of the duties of the Minister of Health and Welfare and Mayors/Do Governors under this Act may be entrusted to organizations or corporations related to persons with disabilities, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 26, 2012]
 Article 85-2 (Prohibition of Disclosing Confidential Information)
Current and former public officials of the Ministry of Health and Welfare, the Special Self-Governing City, the Special Self-Governing Province, and a Si/Gun/Gu; current and former employees of an institution requested for a precise examination under Article 32 (6); and current and former employees of an institution entrusted under Articles 32-5 (1), 32-6 (3), and 59-11 (4) shall be prohibited from using for purposes not specified in this Act any information or secret known to them in the course of performing their duties and from providing or disclosing such information to any third person or institution.
[This Article Newly Inserted on Dec. 19, 2017]
CHAPTER IX PENALTY PROVISIONS
 Article 86 (Penalty Provisions)
(1) A person who commits an act referred to in subparagraph 1 of Article 59-9 shall be punished by imprisonment with labor for not more than 10 years or by a fine not exceeding 100 million won. <Amended on Feb. 8, 2017; Dec. 19, 2017>
(2) Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won: <Amended on Dec. 8, 2017; Dec. 19, 2017>
1. A person who commits an act referred to in subparagraph 2 (limited to cases of inflicting injuries) of Article 59-9;
2. A person who commits an act referred to in subparagraph 2-2 of Article 59-9.
(3) Any of the following persons shall be punished by imprisonment with labor for not more than five years, or by a fine not exceeding 50 million won: <Amended on Dec. 19, 2017; Mar. 11, 2018>
1. A person who uses financial information, etc. for purposes other than those prescribed in this Act or provides or divulges such information to other persons or institutions, in violation of Article 50-3 (6);
2. A person who obstructs the performance of duties by an employee of an advocacy agency for persons with disabilities provided for in Article 59-7 (3) or (6) by violence, intimidation, deceptive means, or force;
3. A person who commits an act that falls under any of subparagraphs 2 (limited to cases of inflicting violence) through 6 of Article 59-9.
(4) Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Feb. 8, 2017; Dec. 19, 2017>
1. A person who divulges, discloses, or reports any personal information of an informant or any fact which helps people recognize an informant, in violation of Article 8 of the Act on Protection of Specific Crime Informants, which applies mutatis mutandis under Article 59-6;
2. A person who commits an act falling under subparagraph 7 of Article 59-9;
3. A person who uses any information or confidential information he/she has learned in the course of performing his/her duties for purposes other than those prescribed by this Act, or provides or divulges it to any third person or institution, in violation of Article 85-2.
(5) A person who commits an act referred to in subparagraph 8 of Article 59-9 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Feb. 8, 2017; Dec. 19, 2017>
[This Article Wholly Amended on Jun. 22, 2015]
 Article 86-2 (Penalty Provisions)
(1) A person who imposes a disadvantageous measure referred to in subparagraph 1 of Article 59-5 shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won.
(2) A person who imposes a disadvantageous measure referred to in any of subparagraphs 2 through 7 of Article 59-5 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
[This Article Newly Inserted on Dec. 19, 2017]
 Article 87 (Penalty Provisions)
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or a fine not exceeding 10 million won: <Amended on Mar. 30, 2011; Jul. 30, 2013; Feb. 8, 2017>
1. A person who engages in unjust profit-making activities by taking advantage of a person with a disability, in violation of Article 8 (2);
2. A person who transfers or lends his/her registration certificate, a person to whom such registration certificate is transferred or lent, and a person who uses any similar name or mark, in violation of Article 32 (5);
3. Deleted; <Dec. 19, 2017>
4. Deleted; <Dec. 19, 2017>
5. Deleted; <Dec. 19, 2017>
6. A person who establishes and operates welfare facilities for persons with disabilities without filing a report or a report on modification under Article 59 (2);
7. An operator of welfare facilities for persons with disabilities who violates measures designed to protect the rights and interests of facility users under Article 60 (3);
8. A person who fails to make a report under Article 61 (1) without good reason or makes a false report, a person who fails to submit data or submits false data, or a person who refuses, interferes with or evades investigations, inspection or questions;
9. A person who fails to comply with an order, etc. issued under Article 62;
10. A person who engages in prosthetics/orthotics manufacturing business without employing a prosthetist/orthotist, in violation of Article 69 (2);
11. A person who continues to operate the same manufacturing business in the same place even though six months have not elapsed since he/she was ordered to close the manufacturing facility, in violation of Article 69 (3);
12. A person who continues his/her business in spite of receiving an order to close the manufacturing facility under Article 70 (1).
[Moved from Article 86; Previous Article 87 Moved to Article 88 <Jan. 26, 2012>]
 Article 88 (Penalty Provisions)
Any of the following persons shall be punished by a fine not exceeding five million won: <Amended on Feb. 8, 2017>
1. A person who takes any unfavorable action, such as rejecting an application for admission to school filed by a person with a disability or refusing admission of a person with a disability who passed entrance examination, in violation of Article 20 (4);
2. A person who lends his/her prosthetist/orthotist certificate to another person, in violation of Article 72 (3);
3. Deleted. <Jan. 26, 2012>
[Moved from Article 87; Previous Article 88 moved to Article 89 <Jan. 26, 2012>]
 Article 88-2 (Aggravated Punishment)
(1) Those who routinely commit crimes related to the abuse of persons with disabilities shall be augmented up to one-half of the punishment for that crime.
(2) When a person obligated to report pursuant to Article 59-4 (2) commits a crime related to the abuse of persons with disabilities against persons with disabilities who receive his/her protection, supervision or medical treatment, he/she shall be augmented by a half of the sentence determined for the crime.
[This Article Newly Inserted on Dec. 29, 2020]
 Article 89 (Joint Penalty Provisions)
If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits any violation referred to in Articles 86 through Article 88 in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant provision: Provided, That the same shall not apply, where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation. <Amended on Jan. 26, 2012>
[This Article Wholly Amended on Aug. 4, 2011]
[Moved from Article 88; Previous Article 89 Moved to Article 90 <Jan. 26, 2012>]
 Article 90 (Administrative Fine)
(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Newly Inserted on Jul. 26, 2012; Dec. 12, 2018; Dec. 29, 2020>
1. A person who rejects a request for dismissal pursuant to Article 59-3 (10) without justifiable grounds or fails to comply with it within one month;
2. A person who refuses to take over a person with a disability who has been abused without justifiable grounds, in violation of the latter part of Article 59-7 (2).
(2) Any operator of a welfare facility for persons with disabilities who fails to check the sex offense history of an employee, etc. in violation of Article 59-3 (5) shall be subject to an administrative fine not exceeding five million won. <Newly Inserted on Jan. 26, 2012; Dec. 11, 2018; Dec. 29, 2020>
(3) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jan. 26, 2012; Oct. 22, 2012; Jun. 22, 2015; Dec. 29, 2015; Feb. 8, 2017; Dec. 19, 2017; Dec. 29, 2020>
1. A person who fails to comply with an order to return his/her registration certificate without good reason, in violation of Article 32-3 (3);
2. A person who lends the mark of cars, etc. used by persons with disabilities to another person, in violation of Article 39 (3) or transfers such mark to a person other than persons prescribed by Ordinance of the Ministry of Health and Welfare, or a person who uses such mark in an unjustified manner or uses any mark or name similar thereto;
3. A person who denies a person with a disability accompanied by a guide dog with the mark of a guide dog, a trainer of guide dogs for persons with disabilities, or a voluntary worker related to the training of guide dogs for persons with disabilities access to facilities, in violation of Article 40 (3) without good reason;
3-2. Deleted; <Dec. 29, 2015>
3-3. Deleted; <Dec. 29, 2015>
3-4. A person who fails to report to an advocacy agency for persons with disabilities or investigation agency the incidence of abuse of and sex offenses against persons with disabilities after discovering such fact in the course of performing his/her duties, in violation of Article 59-4 (2);
3-5. A person who refuses or evades an on-site investigation or interferes with operations, in violation of Article 59-7 (6);
3-6; A person who refuses or interferes with performance of affairs by advocacy agencies for persons with disabilities without good cause, in violation of Article 59-12 (5);
4. A person who violates his/her obligation to commence the operation of facilities under Article 60 (1);
5. A person who violates his/her obligation to file a report on matters such as suspension of operation at facilities, resumption of operation and closing of facilities under Article 60 (2);
6. A person who fails to notify the opening of a facility manufacturing prosthetics/orthotics or changes in relation to the manufacturing facility, in violation of Article 69 (1);
7. A manufacturer of prosthetics/orthotics who has manufactured or remodeled prosthetics/orthotics inconsistent with doctors’ prescriptions, in violation of the Article 69 (4).
(4) Administrative fines provided for in paragraphs (1) through (3) shall be imposed and collected by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the heads of Sis/Guns/Gus as prescribed by Presidential Decree. <Amended on Jan. 26, 2012; Jun. 22, 2015>
(5) Deleted. <Jan. 26, 2012>
[Moved from Article 89 <Jan. 26, 2012>]
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Welfare Promotion Association for Disabled Persons)
(1) The Korea Welfare Promotion Association for Disabled Persons, an incorporated foundation, under previous provisions as at that time this Act is in force, shall be deemed the Korea Disabled People’s Development Institute, an incorporated foundation, under the amended provisions of Article 29.
(2) The Korea Welfare Promotion Association for Disabled Persons, an incorporated foundation, shall take necessary measures, including the modification of the articles of association, within six months after this Act enters into force with the permission of the Minister for Health, Welfare and Family Affairs.
Article 3 (General Transitional Measures concerning Disposition)
An act performed by or to an administrative agency under the previous provisions, as at that time this Act enters into force shall be deemed an act performed by or to an administrative agency under the corresponding provisions of this Act.
Article 4 (Transitional Measures concerning Penalty Provisions or Administrative Fines)
Acts committed before this Act enters into force shall be governed by the previous provisions in applying the penalty provisions or administrative fine provisions.
Article 5 Omitted.
Article 6 (Relationship to Other Statutes or Regulations)
Where the previous Act on Welfare of Persons with Disabilities or its provisions are cited by other statutes or regulations as at that time this Act enters into force, and if this Act includes the provisions corresponding thereto, the corresponding provisions of this Act shall deemed cited in lieu of the previous provisions.
ADDENDUM <Act No. 8652, Oct. 17, 2007>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act.
Articles 2 through 7 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.
ADDENDA <Act No. 10255, Apr. 12, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10323, May 27, 2010>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 10426, Jan. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 10517, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Transitional Measures concerning Welfare Facilities for Persons with Disabilities)
(1) Welfare facilities for persons with disabilities referred to in the previous provisions of Article 58 (1) 1 and 2 as at the time this Act enters into force shall be deemed welfare facilities designed for persons with disabilities referred to in the amended provisions of Article 58 (1) 1, 2 or 4: Provided, That establishment of such facilities shall be reported again in compliance with the facility standards for welfare facilities for persons with disabilities referred to in Article 59 (5) pursuant to paragraph (2) of the same Article within one year from the date on which this Act enters into force.
(2) The amended provisions of Article 59 (3) shall not apply to residential homes for persons with disabilities installed and reported pursuant to the previous provisions of Article 58 (1) 1 among residential homes for the disabled referred to in the amended provisions of Article 58 (1) 1.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Dispositions)
The previous provisions shall apply to penalty provisions and administrative dispositions for offenses committed before this Act enters into force.
Article 4 Omitted.
ADDENDA <Act No. 11010, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Special Cases concerning Acquisition of Speech-Language Pathology Certificates by Holders of Speech-Language Pathology Certificates Issued by Civil Organizations)
Notwithstanding the amended provisions of Articles 72-2 and 73, persons holding speech-language pathology certificates issued by organizations recognized by the Minister of Health and Welfare may acquire speech-language pathology certificates under this Act through special examinations according to relevant grades administered by the Minister of Health and Welfare, within three years from the date on which this Act enters into force.
Article 3 (Applicability to Qualification Requirements for Applying for Grade II Speech-Language Pathology Certificate)
Any person who intends to acquire a certificate referred to in the amended provisions of Article 72-2 (2) 2 three years after the date on which this Act enters into force and has acquired an associate degree in a junior college referred to in the Higher Education Act shall be considered a graduate of the relevant junior college with at least 120 credits.
Article 4 (Transitional Measures concerning Holders of Speech-Language Pathology Certificates Issued by Civil Organizations)
Any person who holds a speech-language pathology certificate issued by an organization that is recognized by the Minister of Health and Welfare at the time this Act enters into force shall be deemed a speech-language pathologist referred to in this Act for three years from the date on which this Act enters into force.
ADDENDA <Act No. 11240, Jan. 26, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 89 of the partially amended Act on Welfare of Persons with Disabilities (Act No. 11010) shall enter into force on August 5, 2012 and the amended provisions of Article 32-2, one year after the date of its promulgation.
Article 2 (Applicability to Applications for Payment of Educational Expenses for Children and Disability Allowances)
The amended provisions of Articles 50-2 and 50-3 shall begin to apply to an application for payment of educational expenses for children, and disability allowances, etc. filed after this Act enters into force.
Article 3 (Applicability to Obligation to Report Sex Offenses against Persons with Disabilities)
The amended provisions of Article 59-2 (2) shall begin to apply to a sex offense against persons with disabilities which takes place after this Act enters into force.
Article 4 (Applicability to Restrictions on Employment at Welfare Facilities for Persons with Disabilities)
The amended provisions of Article 59-3 (1) shall begin to apply to a person for whom a punishment for a sex offense is finalized after this Act enters into force.
Article 5 (Transitional Measures concerning Former Comprehensive Policies for Persons with Disabilities)
Any comprehensive policy intended for persons with disabilities which is formulated pursuant to the former Article 11 (1) as at the time this Act enters into force shall be deemed the comprehensive plan formulated pursuant to the amended provisions of Article 10-2.
Article 6 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Acts committed before this Act enters into force shall be governed by the previous provisions for the purpose of applying the penalty provisions or administrative fine provisions.
Article 7 Omitted.
ADDENDA <Act No. 11521, Oct. 22, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Obligation to Report on Abuse of Persons with Disabilities)
The amended provisions of Article 59-4 (2) shall begin to apply to a case of abuse of persons with disabilities which occurs after this Act enters into force.
Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
Acts committed before this Act enters into force shall be governed by the previous provisions for the purpose of applying the penalty provisions or administrative fine provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11977, Jul. 30, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 13216, Mar. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 15 Omitted.
ADDENDA <Act No. 13366, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended portions of Articles 59-4 (2) and 90 (3) 3-4 concerning institutions protecting rights and interests of persons with disabilities, and the amended provisions of Articles 59-4 (1), 59-5, 59-9, and 59-10 shall enter into force on January 1, 2017.
Article 2 (Applicability to Report to the National Assembly)
The amended provisions of Article 10-3 shall apply starting from the first comprehensive plan for policies for persons with disabilities and the first business plan formulated after this Act enters into force.
Article 3 (Applicability to Obligation to Report on Abuse of Persons with Disabilities)
The amended provisions of Article 59-4 shall apply starting from the time any abuse of a person with a disability is discovered after this Act enters into force.
ADDENDA <Act No. 13367, Jun. 22, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 13661, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 13662, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one years after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 13663, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 49 (1) shall enter into force on January 1, 2016; the amended provisions of Articles 54 (3) and 63 (2) on the date of its promulgation; the amended portions of Articles 59-4 and 90 (3) 3-4 concerning advocacy agencies for persons with disabilities on January 1, 2017; and the amended portions of Articles 71, 72-3, 73, 76, and 77 concerning rehabilitation counselors two years after the date of its promulgation.
Article 2 (Applicability to Obligation to Report on Sex Offenses against Persons with Disabilities)
The amended provisions of Article 59-4 shall apply, starting from the time any sex offense against a person with a disability is discovered after this Act enters into force.
Article 3 (Special Cases and Transitional Measures concerning Acquisition of Certificates for Rehabilitation Counselor by Persons Holding Certificates for Rehabilitation Counselor Issued by Private Organizations)
(1) Notwithstanding the amended provisions of Articles 72-3 and 73, a person holding a certificate related to a rehabilitation counselor issued by an organization acknowledged by the Minister of Health and Welfare, as at the time this Act enters into force, may acquire a certificate for rehabilitation counselor under this Act after taking a special examination publicly notified and conducted by the Minister of Health and Welfare within three years after this Act enters into force.
(2) A person holding a certificate related to a rehabilitation counselor issued by an organization acknowledged by the Minister of Health and Welfare shall be deemed a rehabilitation counselor under this Act for three years after this Act enters into force.
Article 4 (Special Cases and Transitional Measures concerning Social Welfare Workers)
(1) Notwithstanding the amended provisions of Articles 72-3 and 73, a person who holds a certificate for social welfare worker under Article 11 of the Social Welfare Services Act and has served for any institution related to rehabilitation of persons with disabilities for at least five years, as at the time this Act enters into force, may acquire a certificate for rehabilitation counselor under this Act after taking a special examination publicly notified and conducted by the Minister of Health and Welfare within three years after this Act enters into force.
(2) A person who holds a certificate for social welfare worker under Article 11 of the Social Welfare Services Act and has served for any institution related to rehabilitation of persons with disabilities for at least five years, as at the time this Act enters into force, shall be deemed a rehabilitation counselor for three years after this Act enters into force.
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. 14222, May 29, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDA <Act No. 14562, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Revocation of Registration of Persons with Disabilities)
The amended provisions of Article 32-3 (1) 3 shall begin to apply to a case where a person with a disability or his or her legal representative, etc. fails to comply with necessary measures imposed by the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/Gu, such as an order to receive a diagnosis of disability, after this Act enters into force.
Article 3 (Applicability to Examination of Degree of Disability for Payment of Disability Allowances)
The amended provisions of Article 49 (3) and (4) shall begin to apply to a case where an application for the payment of disability allowances is filed under Article 50-2 after this Act enters into force.
Article 4 (Transitional Measures concerning Disqualification of Incompetent Persons)
Notwithstanding the amended provisions of Article 74 (1) 3, persons who have already declared incompetent or quasi-incompetent as at the time this Act enters into force and for whom a declaration of incompetence or quasi-incompetence remains valid in accordance with Article 2 of the Addenda to the Civil Act (Act No. 10429).
Article 5 (Transitional Measures concerning Administrative Dispositions)
Administrative dispositions for violations committed before this Act enters into force shall be governed by the previous provisions.
Article 6 (Transitional Measures concerning Administrative Fines)
Application of administrative fine provisions to violations committed before this Act enters into force shall be governed by the previous provisions.
ADDENDUM <Act No. 14892, Sep. 19, 2017>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 28 shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15270, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2019: Provided, That the amended provisions of Articles 22, 45, 45-2, 59-4 through 59-13, 86 (excluding Article 86 (4) 3) and 86-2, subparagraphs 4 and 5 of Article 87, and Article 90 shall enter into force six months after the date of its promulgation; the amended provisions of Articles 32-2 and 84 shall enter into force three months after the date of its promulgation; and the amended provisions of Article 74 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Certification for Goods Produced by Persons with Disabilities)
Goods produced by persons with disabilities that are certified in accordance with the previous provisions as at the time the amended provisions of Article 45 enter into force may bear a certification mark for goods produced by persons with disabilities for three years after the amended provisions enter into force, notwithstanding the amended provisions.
Article 3 Omitted.
ADDENDA <Act No. 15646, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Korea Disabled People’s Development Institute)
The Korea Disabled People’s Development Institute incorporated as a foundation under previous provisions as at the time this Act enters into force shall be deemed the Korea Disabled People’s Development Institute established under the amended provisions of Article 29-2 (1).
ADDENDA <Act No. 15904, Dec. 11, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 53 and 55 (2) shall enter into force on July 1, 2019; the amended provisions of Articles 72 (1) 2, 72-2 (2) and 72-3 (2) shall enter into force one year after the date of its promulgation; and the amended provisions of Article 86 (3) 2 shall enter into force on the date of its promulgation.
Article 2 (Applicability concerning Employment Restrictions for Sex Offenders)
The amended provisions of Article 59-3 shall also apply to a person who committed a sex crime but upon whom final judgement has not been rendered before this Act enters into force.
Article 3 (Special Cases concerning Period of Restricted Employment for Persons Finally and Conclusively Convicted of Sex Offenses under Previous Provisions)
(1) Notwithstanding the previous provisions, the period of restricted employment for a person who is restricted from employment under the previous provisions (hereafter in this Article referred to as “person subject to restriction of employment”) shall apply according to the following classification: Provided, That if the previous provisions are more favorable to a person finally and conclusively convicted of a sex offense, such previous provisions shall apply:
1. A person sentenced to imprisonment with or without labor exceeding three years or medical treatment and custody, for whom such judgement is made final and conclusive: Five years from the date the execution of such judgement or medical treatment and custody is wholly or partially terminated, suspended or exempted;
2. A person sentenced to imprisonment with or without labor not exceeding three years or medical treatment and custody, for whom such judgement is made final and conclusive: Three years from the date the execution of such judgement or medical treatment and custody is wholly or partially terminated, suspended or exempted;
3. A person sentenced to a fine, for whom such judgement is made final and conclusive: One year from the date such judgement is made final and conclusive.
(2) After this Act enters into force, a person subject to restriction of employment or his or her legal representative may make a request to the court of the first instance for alteration of the period of restricted employment under paragraph (1) or for exemption from restriction of employment on the grounds that such period of restricted employment referred to in paragraph (1) is markedly unfair or there are special circumstances that justify allowing the employment.
(3) Where a person subject to restriction of employment or his or her legal representative makes a request under paragraph (2), he or she shall state the personally identifiable information (referring to the name, date of birth, and address) of the person subject to restriction of employment, factual grounds for such request, etc. in a written request.
(4) The court may seek opinions of the public prosecutor before making a decision on the request referred to in paragraph (2).
(5) Where the court deems a request made under paragraph (2) groundless, it shall notify a decision to dismiss the request.
(6) Where the court deems a request made under paragraph (2) well-grounded, it shall notify a decision to newly set a period of restricted employment not exceeding the period referred to in the subparagraphs of paragraph (1) or a decision to lift the restriction of employment, and shall send a certified copy of a written decision to the public prosecutor.
(7) Where a decision made under paragraph (5) or (6) violates any of the statutes and regulations or is markedly unfair, the public prosecutor or a person subject to restriction of employment or his or her legal representative may file a complaint within seven days from the date he or she is notified of such decision.
(8) Where the public prosecutor or a person subject to restriction of employment or his or her legal representative files a complaint, he or she shall submit a petition of complaint to the lower court, and the court in receipt of the petition of complaint shall send records attached with a statement of opinion to the appellate court within three days from the date of receipt of the petition of complaint.
(9) Where the appellate court deems that the complaint is not filed according to the procedure provided for in laws or is groundless, it shall decide to reject the complaint.
(10) Where the appellate court deems the complaint well-grounded, it shall quash the original decision and make a decision directly, or transfer the case to another competent court.
(11) With respect to a decision made by the appellate court, the public prosecutor or a person subject to restriction of employment or his or her legal representative may file a further complaint with the Supreme Court only when such decision is in violation of any of the statutes and regulations.
(12) The period of filing a further complaint shall be seven days from the day of receipt of notification of a decision to reject the complaint.
(13) Neither complaint nor further complaint has the effect to suspend the execution of a decision.
(14) The court shall serve the Minister of Health and Welfare with the definite date of a decision within 14 days from the date a decision made under paragraph (6) becomes final and conclusive by attaching it to a certified copy of a written decision.
Article 4 (Special Cases concerning Period of Restricted Employment of Sex Offenders Sentenced to Punishment, for Whom Judgement on Such Punishment Becomes Final and Conclusive, before Enforcement Date of this Act after the Constitutional Court’s Decision on Unconstitutionality)
No person sentenced to a punishment for a sex offense, for whom a judgement on such punishment becomes final and conclusive after July 28, 2016 and before the enforcement date of this Act, may operate a welfare facility for persons with disabilities; nor may such person be employed by or provide de facto labor in such facility during the period described in the subparagraphs of Article 3 (1) of the Addenda.
Article 5 (Special Cases concerning Check and Verification of Former Sex Offenders)
The amended provisions of Article 59-3 (6) shall also apply to those who are finally and conclusively convicted on charges of sex offenses committed before this Act enters into force and restricted from employment under Articles 3 and 4 of the Addenda.
Article 6 (Transitional Measures concerning Eligibility Requirements to Take National Examinations to Qualify as Prosthetist/Orthotist)
Any person deemed to have met the eligibility requirements to take a national examination to qualify as a prosthetist/orthotist under the previous provisions as at the time the amended provisions of Articles 72 (1) 2, 72-2 (2) and 72-3 (2) enter into force shall be deemed to have met the eligibility requirements to take a national examination under the amended provisions.
ADDENDA <Act No. 16248, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16258, Jan. 15, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 16733, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 22 (5), 35, 80-2, and 80-3 shall enter into force six months after the date of its promulgation; the amended provisions of Articles 25 and 25-2 shall enter into force eighteen months after the date of its promulgation; and the amended provisions of Article 72-3 shall enter into force two years after the date of its promulgation.
Article 2 (Transitional Measures concerning Repeal of Qualification for Grade III Rehabilitation Counselor)
(1) Any person who has been issued a certificate for Grade III rehabilitation counselor pursuant to the previous provisions as at the time the amended provisions of Article 72-3 enter into force shall be deemed to have been issued a certificate for Grade III rehabilitation counselor in an effective manner pursuant to the previous provisions, notwithstanding the amended provisions.
(2) Any person who has been issued a certificate for Grade III rehabilitation counselor pursuant to the previous provisions as at the time the amended provisions of Article 72-3 enter into force shall be entitled to take a national examination for Grade II rehabilitation counselor under this Act if he or she is recognized as meeting the career requirements to take a national examination for Grade II rehabilitation counselor pursuant to the previous provisions, notwithstanding the amended provisions.
ADDENDA <Act No. 17791, Dec. 29, 2020>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Employment Restriction on Offenders of Abuse Crime Related to Persons with Disabilities)
The amended provisions of Article 59-3 shall also apply to a person who committed an abuse crime related to persons with disabilities but upon whom final judgment has not been rendered before this Act enters into force.
Article 3 (Applicability to Disposal of Property Without Heir)
The amended provisions of Article 60-5 shall begin to apply from the death of a person admitted to a residential facility for persons with disabilities after this Act enters into force.