Statutes of the Republic of Korea

Article 1 (Purpose)

The purpose of this Decree is to prescribe matters mandated by the Korean Sign Language Act and those necessary for the enforcement thereof.

Article 2 (Formulation and Implementation of Annual Implementation Plans)

(1)

Pursuant to Article 7 (1) and (2) of the Korean Sign Language Act (hereinafter referred to as the “Act”), the heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors and the Special Self-Governing Province Governor (hereinafter referred to as “Mayors/Do Governors”) shall prepare and submit to the Minister of Culture, Sports and Tourism an implementation plan for the development of Korean sign language for the upcoming year (hereinafter referred to as “implementation plan”), by December 31 annually.

(2)

The Minister of Culture, Sports and Tourism shall integrate the implementation plans submitted pursuant to paragraph (1) and an implementation plan concerning the competent affairs of the Ministry of Culture, Sports and Tourism, and notify the heads of the relevant central administrative agencies and Mayors and Do Governors of such plans.

(3)	The heads of the relevant central administrative agencies, Mayors, and Do Governors shall prepare and submit to the Minister of Culture, Sports and Tourism the outcomes of the implementation plan for the upcoming year by January 31 annually, pursuant to Article 7 (2) of the Act.

(4)	The Minister of Culture, Sports and Tourism shall evaluate the outcomes of implementation plans pursuant to Article 7 (2) of the Act and notify the heads of the relevant central administrative agencies and Mayors and Do Governors of the results of evaluation.

Article 3 (Investigation of Current Situation)

The content of investigations under Article 9 (1) of the Act shall be as follows:

1.	Korean sign language-using environment;

2.	Current situation concerning the use of Korean sign language by the deaf and the users of Korean sign language (hereinafter referred as “the deaf, etc.”), and their awareness regarding Korean sign language;

3.	Deaf culture and deaf identity;

4.	Other matters deemed necessary by the Minister of Culture, Sports and Tourism with respect to Korean sign language.

Article 4 (Qualification Requirements for Korean Sign Language Teachers)

(1)	Korean sign language teachers under Article 14 (2) of the Act (hereinafter referred to as “Korean sign language teacher”) shall be classified into the following categories and fulfill the relevant qualification requirements, respectively:

1.	A Korean sign language teacher of Grade I: he or she shall fulfill the following requirements after acquiring qualification for a Korean sign language teacher of Grade II under subparagraph 2:

(a)	Having taught Korean sign language for at least 300 hours in total while working at an institution or organization under paragraph (2) for at least three years;

(b)	Passing a review for grade promotion, as prescribed by Ordinance of the Ministry of Culture, Sports and Tourism, after completing at least 40 hours, among the compulsory completion hours by subject area of the course for fostering Korean sign language teachers under attached Table 1;

2.	A Korean sign language teacher of Grade II: he or she shall fulfill any of the following requirements:

(a)

Acquiring an associate degree or higher under Article 50 of the Higher Education Act after majoring in the field of Korean sign language at a university or college under Article 2 of the Higher Education Act (hereinafter referred to as “university”) and earning the compulsory completion credits by subject area of universities under attached Table 1;

(b)

Acquiring a master’s degree or higher after majoring in the field of Korean sign language at a graduate school under Article 29 of the Higher Education Act (hereinafter referred to as “graduate school”) and earning the compulsory completion credits by subject area of graduate schools under attached Table 1;

(c)

Having taught Korean sign language for at least 300 hours in total while working at an institution or organization under paragraph (2) for at least three years and completing the compulsory completion hours by subject area of the course for fostering Korean sign language teachers under attached Table 1;

(d)	Passing an examination for verifying Korean sign language teaching capability under Article 7 after completing the compulsory completion hours by subject area of the course for fostering Korean sign language teachers under attached Table 1.

(2)	The institutions or organization, work experience or educational career at which is recognized with respect to qualification requirements for a Korean sign language teacher under paragraph (1), shall be as follows:

1.	A domestic university or affiliated institution thereof which offers classes of Korean sign language;

2.	A domestic elementary, middle or high school which offers classes of Korean sign language;

3.	A national agency or a local government which offers classes of Korean sign language;

4.	Other institutions or organization determined and publicly notified by the Minister of Culture, Sports and Tourism, work experience or educational career at which is recognized with respect to qualification requirements for a Korean sign language teacher.

Article 5 (Qualification Examination for Korean Sign Language Teachers)

(1)

A person who intends to acquire qualification for a Korean sign language teacher under each subparagraph of Article 4 (1) shall apply for a qualification examination for a Korean sign language teacher to the Minister of Culture, Sports and Tourism, after fulfilling the relevant qualification requirements.

(2)

The Minister of Culture, Sports and Tourism in receipt of an application under paragraph (1) shall examine whether the applicant has satisfied the qualification requirements for a Korean sign language teacher under each subparagraph of Article 4 (1) and determine whether such applicant is qualified to be a Korean sign language teacher.

(3)	The Minister of Culture, Sports and Tourism shall issue a certificate of qualification for a Korean sign language teacher under attached Form 1 to a person determined to have qualification for a Korean sign language, pursuant to paragraph (2).

(4)

A person who intends to be reissued the certificate of qualification issued pursuant to paragraph (3) because it is lost or worn out to the point of being unusable, shall apply to the Minister of Culture, Sports and Tourism for a reissuance of a certificate of qualification for a Korean sign language teacher.

(5)	Except as provided in paragraphs (1) through (4), matters necessary for the qualification examination for a Korean sign language teacher and the issuance and reissuance of a certificate of qualification shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.

Article 6 (Verification of Curriculum Subjects and Compulsory Credits at Universities)

(1)

The universities and graduate schools which intend to offer a degree course in the field of Korean sign language education and institutions which intend to offer a course of fostering Korean sign language teachers may apply to the Minister of Culture, Sports and Tourism for verifying whether such course fulfills requirements for the curriculum subjects, compulsory credits, and compulsory completion hours by subject area under attached Table 1.

(2)	Detailed matters necessary for applying for the verification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Culture, Sports and Tourism.

Article 7 (Administrating Examinations for Verifying Korean Sign Language Education Capability)

(1)	The Minister of Culture, Sports and Tourism may administer an examination for verifying Korean sign language education capability to foster Korean sign teachers pursuant to Article 14 (2) of the Act.

(2)

Where the Minister of Culture, Sports and Tourism administers an examination for verifying Korean sign language education capability under paragraph (1) (hereinafter referred to as “examination for verifying Korean sign language education capability”), he or she shall publicly announce the date and time, place, application fee, etc. of the examination for verifying Korean sign language education capability at least 90 days before administering such examination on the website, etc. of the Ministry of Culture, Sports and Tourism.

Article 8 (Subject Areas of and Verification Methods in Examinations for Verifying Korean Sign Language Education Capability)

(1)	The subject areas of the examination for verifying Korean sign language education capability, and methods for verification, shall be as specified in attached Table 2.

(2)	Persons who acquire at least 40 percent of the perfect score in each subject area and at least 60 percent of the total score in all subject areas shall pass the examination for verifying Korean sign language education capability.

Article 9 (Application Fee for Examination for Verifying Korean Sign Language Education Capability)

(1)

A person who intends to apply for the examination for verifying Korean sign language education capability shall pay an application fee in cash, or by means of electronic currency transfer or electronic payment, etc., by using an information and communications network, as determined by the Minister of Culture, Sports and Tourism.

(2)	Where a person who pays the fee pursuant to paragraph (1) falls under any of the following, the Minister of Culture, Sports and Tourism shall fully or partially refund the fee, as classified in the following:

1.	In case of erroneously overpaying the application fee: the entire amount erroneously overpaid;

2.	In case of withdrawing an application within the period of application for an examination or in case of being unable to participate in an examination for a reason imputable to the institution managing such examination: the entire amount of the application fee;

3.	In case of withdrawing an application by 20 days before conducting an examination: 60/100 of the paid application fee;

4.	In case of withdrawing an application by 10 days before conducting an examination: 50/100 of the paid application fee.

Article 10 (Designation and Revocation of Designation of Institute for Korean Sign Language Education)

(1)	An institution, corporation or organization that intends to be designated as an institute for Korean sign language education under Article 14 (3) of the Act (hereinafter referred to as “institute for Korean sign language education”) shall fulfill all the following requirements:

1.	It shall be fully equipped with the following professional manpower:

(a)	One full-time manager: a Person falling under any of the following:

(i)	A person who has obtained a master’s degree in a Korean sign language-related field;

(ii)	A person who has delivered lectures or conducted research for at least five years at a Korean sign language-related department or affiliated institution of a university; or at an institution, corporation, or organization related to Korean sign language;

(b)	At least two full-time educational lecturers (including at least one deaf person): Persons falling under any of the following:

(i)	A person who has obtained a bachelor’s degree in a Korean sign language-related field;

(ii)	A person who has delivered lectures or conducted research for at least three years at a Korean sign language-related department or affiliated institution of a university; or at an institution, corporation, or organization related to Korean sign language;

(iii)

A person who has acquired qualification for a Korean sign language teacher of Grade I or II under each subparagraph of Article 4 (1);

2.	It shall be equipped with lecture rooms, administrative offices, and other facilities in which it is possible to deliver lectures by using visual equipment.

(2)

An institution, corporation or organization that intends to be designated as an institute for Korean sign language education shall submit to the Minister of Culture, Sports and Tourism an application for the designation of an institute for Korean sign language education in attached Form 2, accompanied by the following documents: <Amended on Jan. 5, 2021>

1.	Document concerning current status of manpower and facilities;

2.	Plan for operating an institute for Korean sign language education;

3.	Document specifying the outcomes of the relevant projects for the latest three years (only applicable where there is any outcome).

(3)	Upon receipt of an application under paragraph (2), the Minister of the Culture, Sports and Tourism shall determine whether to designate after examining whether all requirements prescribed in paragraph (1) are met. <Newly Inserted on Jan. 5, 2021>

(4)	Where the Minister of the Culture, Sports and Tourism decides whether to designate pursuant to paragraph (3), he or she may consider the outcomes of projects related to the promotion and distribution of the use of Korean sign language over the latest three years. <Newly Inserted on Jan. 5, 2021>

(5)	An institution, corporation or organization designated as an institute for Korean sign language education pursuant to Article 14 (3) of the Act shall submit its operational results of the previous year to the Minister of Culture, Sports and Tourism by January 31 annually. <Amended on Jan. 5, 2021>

(6)

Where an institute for Korean sign language education falls under any of the following, the Minister of Culture, Sports and Tourism may revoke its designation or order it to take corrective measures: Provided, That where it falls under subparagraph 1, the Minister shall revoke its designation: <Amended on Jan. 5, 2021>

1.	Where it is designated by fraud or other improper means;

2.	Where it no longer fulfills designation requirements under each subparagraph of paragraph (1);

3.	Where it is deemed difficult to continue to discharge functions as an institute for Korean sign language education due to any important reason for public interest.

Article 11 (Examinations for Verifying Proficiency in Korean Sign Language)

(1)	The Minister of Culture, Sports and Tourism may administer an examination for verifying proficiency in Korean sign language to verify proficiency in Korean sign language pursuant to Article 15 (1) of the Act.

(2)	The subject areas of an examination for verifying proficiency in Korean sign language under paragraph (1) (hereinafter referred to as “examination for verifying proficiency in Korean sign language”) shall be as follows:

1.	Comprehension of Korean sign language;

2.	Expressions of Korean sign language;

3.	Other matters necessary for using Korean sign language.

Article 11-2 (Provision of Sign Language Interpretation Services)

"Important policies, etc. prescribed by Presidential Decree" in Article 16 (3) of the Act means any of the following policies:

1.	Policies on disaster and safety management formulated by the head of the Central Disaster and Safety Countermeasure Headquarters under Article 14 (1) of the Framework Act on the Management of Disasters and Safety in response to a large-scale disaster under that paragraph;

2.

Policies on the prevention and control of infectious diseases formulated by the Minister of Health and Welfare or the Commissioner of the Korea Disease Control and Prevention Agency when a crisis alert of at least caution under Article 38 (2) of the Framework Act on the Management of Disasters and Safety is issued in response to the spread of an infectious disease under the Infectious Disease Control and Prevention Act;

3.	Other policies having significant and wide influence on the livelihood of citizens or residents, deemed by the head of a central administrative agency or local government to require provision of sign language interpretation services.

[This Article Newly Inserted on Jul. 5, 2022]

Article 12 (Entrustment of Business Affairs)

(1)

Pursuant to Article 20 (2) of the Act, the Minister of Culture, Sports and Tourism may entrust a specialized institution or organization meeting the following requirements with business affairs concerning devising, administering, scoring, and proctoring the examinations for verifying Korean sign language education capability under Article 7:

1.	Be a non-profit corporation;

2.	Have manpower and facilities to conduct examinations for verifying Korean sign language education capability;

3.	Have expertise in examinations for verifying Korean sign language capability.

(2)

Pursuant to Article 20 (2) of the Act, the Minister of Culture, Sports and Tourism may entrust a specialized institution or organization meeting the following requirements with business affairs concerning devising, administering, scoring, and proctoring the examinations for verifying proficiency in Korean sign language under Article 11:

1.	Be a non-profit corporation;

2.	Have manpower and facilities to conduct examinations for verifying proficiency in Korean sign language;

3.	Have expertise in examinations for verifying proficiency in Korean sign language.

(3)	Where the Minister of Culture, Sports and Tourism entrusts the relevant business affairs pursuant to paragraph (1) or (2), he or she shall publicly announce the trustee, the content of entrusted business affairs, and other related matters.

Article 13 (Management of Sensitive Information)

If necessary for conducting the following administrative affairs, the Minister of Culture, Sports and Tourism (including a person entrusted with business affairs of the Minister of Culture, Sports and Tourism pursuant to Article 20 (2) of the Act) may manage materials containing information on health under Article 23 of the Personal Information Protection Act:

1.	Administrative affairs concerning the investigations of current situations under Article 9 of the Act;

2.	Administrative affairs concerning qualification requirements for a Korean sign language teacher under Article 4 (1);

3.	Administrative affairs concerning examinations for verifying Korean sign language education capability under Article 7;

4.	Administrative affairs concerning examinations for verifying proficiency in Korean sign language under Article 11.

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ENFORCEMENT DECREE OF THE KOREAN SIGN LANGUAGE ACT