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ACT ON THE FACILITATION OF ENTREPRENEURIAL ACTIVITIES OF PERSONS WITH DISABILITIES

Act No. 7632, Jul. 29, 2005

Amended by Act No. 8086, Dec. 26, 2006

Act No. 8362, Apr. 11, 2007

Act No. 8367, Apr. 11, 2007

Act No. 9012, Mar. 28, 2008

Act No. 9685, May 21, 2009

Act No. 9891, Dec. 30, 2009

Act No. 10220, Mar. 31, 2010

Act No. 10233, Apr. 5, 2010

Act No. 11240, Jan. 26, 2012

Act No. 13857, Jan. 27, 2016

Act No. 14122, Mar. 29, 2016

Act No. 14682, Mar. 21, 2017

Act No. 14839, Jul. 26, 2017

Act No. 15465, Mar. 13, 2018

Act No. 16171, Dec. 31, 2018

Act No. 18661, Dec. 28, 2021

Act No. 19017, Oct. 18, 2022

 Article 1 (Purpose)
The purpose of this Act is to contribute to the growth of the national economy by proactively facilitating business start-up by persons with disabilities and their entrepreneurial activities, by improving their economic and social status, and by endeavoring to enhance their economic strength.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 2 (Definitions)
The terms used in this Act are defined as follows: <Amended on Mar. 21, 2017; Oct. 18, 2022>
1. The term "person with a disability" means any of the following persons:
(a) A person who holds a registration certificate for a person with a disability issued pursuant to Article 32 of the Act on Welfare of Persons with Disabilities;
(b) A person who has been judged to fall under any of the ratings of injury pursuant to Article 6-4 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
2. The term "enterprise owned or operated by a person with a disability" means an enterprise that satisfies each of the following requirements among small and medium enterprises under Article 2 of the Framework Act on Small and Medium Enterprises:
(a) An enterprise owned or run by a person with a disability, which meets the criteria prescribed by Presidential Decree;
(b) An enterprise whose ratio of persons with disabilities to the total number of regular workers employed by the enterprise (hereafter in this Article referred to as "employment ratio of persons with disabilities") is at least than 30/100: Provided, That the employment ratio of persons with disabilities shall not apply to a small enterprise defined in Article 2 (2) of the Framework Act on Small and Medium Enterprises;
3. The term "entrepreneur with a disability" means a person with a disability who is the representative or an executive officer of an enterprise owned or operated by a person with a disability and who participates in the highest decision-making body of the enterprise;
[This Article Wholly Amended on Dec. 30, 2009]
 Article 3 (Responsibilities of the State and Local Governments)
(1) The State and local governments shall endeavor to create an environment and infrastructure necessary for business start-up by persons with disabilities and their entrepreneurial activities so that they can become self-reliant economically and socially.
(2) The State and local governments shall endeavor to prepare policy measures tailored to the needs of entrepreneurs with disabilities and enterprises owned or operated by persons with disabilities so that persons with disabilities can engage in entrepreneurial activities without any difficulty.
(3) The State and local governments shall endeavor to ensure that comprehensive support and opportunities for business activities are preferentially given in the fields, such as finance, information, technology, human resources, and markets, required for enterprises owned or operated by person with disabilities.
[This Article Wholly Amended on Oct. 18, 2022]
 Article 4 (Correction of Discriminatory Practices)
(1) Where any public institution or any institution or organization related to small and medium enterprises prescribed by Presidential Decree (hereinafter referred to as "public institution, etc.") enforces an unfair, discriminatory practice or system against enterprises owned or operated by persons with disabilities, the Minister of SMEs and Startups may request public institutions, etc. to correct such practice or system. <Amended on Jul. 26, 2017; Oct. 18, 2022>
(2) Any public institution, etc. to whom the corrective action is requested pursuant to paragraph (1) shall correct such practice or system unless there is a compelling reason not to do so. <Amended on Oct. 18, 2022>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 5 (Basic Plans for Facilitation of Entrepreneurial Activities of Persons with Disabilities)
(1) The Minister of SMEs and Startups shall formulate and implement a basic plan to encourage activities of enterprises owned or operated by persons with disabilities (hereinafter referred to as "basic plan") every five years, subject to deliberation by the Committee for Facilitation of Entrepreneurial Activities of Persons with Disabilities under Article 6. <Amended on Jul. 26, 2017; Oct. 18, 2022>
(2) A basic plan under paragraph (1) shall include the following: <Amended on Oct. 18, 2022>
1. Fundamental goals and direction-setting for facilitating entrepreneurial activities of persons with disabilities;
2. Matters regarding the current status and actual conditions of enterprises owned or operated by persons with disabilities;
3. Matters regarding the creation of infrastructure for business start-up by persons with disabilities and their entrepreneurial activities;
4. Matters necessary to provide support for business start-up by persons with disabilities and for the operation of enterprises owned or operated by persons with disabilities;
5. Matters necessary to support enterprises owned or operated by persons with disabilities in finance, information, technology, human resources, and markets;
6. Matters necessary to facilitate activities of enterprises owned or operated by persons with disabilities and entrepreneurs with disabilities, except as provided in subparagraphs 1 through 5.
(3) The Minister of SMEs and Startups shall formulate and implement an annual action plan to facilitate activities of enterprises owned or operated by persons with disabilities (hereinafter referred to as "action plan") in accordance with the basic plan, subject to deliberation by the Committee for Facilitation of Entrepreneurial Activities of Persons with Disabilities under Article 6. <Newly Inserted on Oct. 18, 2022>
(4) Where the Minister of SMEs and Startups deems it necessary for the formulation of a basic plan and an action plan, he or she may request relevant administrative agencies and any institution or organization involved in providing support to enterprises owned or operated by persons with disabilities to submit necessary data or present their opinions. In such cases, any relevant administrative agency or any institution or organization involved in providing support to enterprises owned or operated by persons with disabilities shall, upon receipt of such request, comply therewith except under special circumstances. <Amended on Jul. 26, 2017; Oct. 18, 2022>
(5) Other matters necessary for formulating and implementing a basic plan and an action plan shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 18, 2022>
[This Article Wholly Amended on Dec. 30, 2009]
[Title Amended on Oct. 18, 2022]
 Article 6 (Installation of Committee for Facilitation of Entrepreneurial Activities of Persons with Disabilities)
(1) A Committee for Facilitation of Entrepreneurial Activities of Persons with Disabilities (hereinafter referred to as "Committee") shall be established in the Ministry of SMEs and Startups to deliberate on the following: <Amended on Jul. 26, 2017; Oct. 18, 2022>
1. Matters regarding the formulation and implementation of a basic plan and an action plan;
2. Matters regarding the correction of discriminatory practices against entrepreneurs with disabilities and enterprises owned or operated by persons with disabilities;
3. Matters regarding various support systems and policies for business start-up by persons with disabilities and enterprises owned or operated by persons with disabilities;
4. Matters regarding the creation of infrastructure for business start-up by persons with disabilities and their entrepreneurial activities;
5. Other matters deemed necessary by the Minister of SMEs and Startups for supporting enterprises owned or operated by persons with disabilities.
(2) Matters necessary for the organization, operation, etc. of the Committee shall be prescribed by Presidential Decree. <Amended on Oct. 18, 2022>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 7 (Fact-Finding Surveys and Preparation of Statistics)
(1) To efficiently formulate and implement a basic plan and an action plan, the Minister of SMEs and Startups shall annually conduct a fact-finding survey on the current status of business start-up by persons with disabilities and activities of enterprises owned or operated by persons with disabilities and shall publish the outcomes of such survey. <Amended on Jul. 26, 2017; Oct. 18, 2022>
(2) The Minister of SMEs and Startups may entrust the Korean Disabled Entrepreneurs Association under Article 11 or any institution or organization related to enterprises owned or operated by persons with disabilities with fact-finding surveys under paragraph (1). <Amended on Jul. 26, 2017>
(3) The Minister of SMEs and Startups shall prepare, manage, and publish statistics regarding business start-up by persons with disabilities and their entrepreneurial activities based on fact-finding surveys, etc. prescribed in paragraph (1). In such cases, except as provided in this Act, the Statistics Act shall apply mutatis mutandis to preparing and managing statistics. <Newly Inserted on Oct. 18, 2022>
(4) If necessary to conduct fact-finding surveys pursuant to paragraph (1) and to prepare statistics pursuant to paragraph (3), the Minister of SMEs and Startups may request the head of a relevant central administrative agency, the head of a local government, the head of a public institution under the Act on the Management of Public Institutions, an enterprise owned or operated by a person with a disability, or an organization related to such enterprises to submit materials or state his, her, or its opinion. In such cases, the head of the relevant central administrative agency, etc. so requested shall comply therewith unless there is a compelling reason not to do so. <Amended on Mar. 21, 2017; Oct. 18, 2022>
(5) Other matters necessary for the subject matters of, methods and procedures for, a fact-finding survey under paragraph (1) and for the preparation, management, publication, etc. of statistics under paragraph (3) shall be prescribed by Presidential Decree. <Newly Inserted on Oct. 18, 2022>
[This Article Wholly Amended on Dec. 30, 2009]
[Title Amended on Oct. 18, 2022]
 Article 8 (Special Cases concerning Support for Persons with Disabilities in Business Start-Up)
(1) The Minister of SMEs and Startups shall include matters related to the creation of infrastructure for business start-up by persons with disabilities and support under the basic plan formulated under Article 5 in the comprehensive plan to support business startup under Article 7 (1) of the Support for Small and Medium Enterprise Establishment Act. <Amended on Jul. 26, 2017; Dec. 28, 2021; Oct. 18, 2022>
(2) The Government may preferentially treat any person with a disability starting a business or a person who operates business of supporting persons with disabilities in starting their businesses when it invests, or grants a loan for, funds or provide any other support pursuant to Article 35 (1) of the Support for Small and Medium Enterprise Establishment Act. <Amended on Dec. 28, 2021>
(3) When designating a business incubator under Article 53 (1) of the Support for Small and Medium Enterprise Establishment Act, the Minister of SMEs and Startups may give priority to the operator of a business incubator whose main purpose is to provide necessary facilities, places, etc. to persons with disabilities in starting a business, in order to facilitate business start-up by persons with disabilities. <Amended on Jul. 26, 2017; Dec. 28, 2021>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 8-2 (Implementation of Programs to Support Business Start-Up by Persons with Disabilities)
(1) The Government may conduct the following programs to support business start-up and management by persons with disabilities:
1. Providing counseling and advice optimized by type of disability;
2. Searching and supporting persons with disabilities who have an idea for business start-up or a willingness to start a business;
3. Providing information and education on business start-up and management to persons with disabilities who have less access to information;
4. Providing entrepreneurs with disabilities with assistants to help their business management;
5. Providing entrepreneurs with disabilities with assistive technology devices, etc.;
6. Other programs necessary for supporting business start-up by persons with disabilities and their management activities.
(2) The Minister of SMEs and Startups and the head of a local government may directly establish and operate a specialized workplace for persons with disabilities or may provide subsidies to a person who establishes and operates such workplace to help the person cover all or part of the expenses incurred therein, in order to ensure self-reliance of persons with developmental disabilities defined in subparagraph 1 of Article 2 of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities and their families and to create jobs for them.
(3) Matters necessary for the establishment and operation of a specialized workplace for persons with disabilities under paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Oct. 18, 2022]
 Article 9 (Preferential Treatment in Financial Support)
(1) The State and each local government shall treat enterprises owned or operated by persons with disabilities preferentially in providing financial support to small and medium enterprises.
(2) The Government may authorize the Credit Guarantee Fund established under the Credit Guarantee Fund Act, the Korea Technology Finance Corporation established under the Korea Technology Finance Corporation Act, or Credit Guarantee Foundations established pursuant to Article 9 of the Regional Credit Guarantee Foundation Act to establish and operate a guarantee system for enterprises owned or operated by persons with disabilities. <Amended on Mar. 29, 2016>
(3) The Government may subsidize the establishment of a guarantee system under paragraph (2).
[This Article Wholly Amended on Dec. 30, 2009]
 Article 9-2 (Preferential Purchase by Public Institutions)
(1) The head of a public institution shall promote the purchase of products, services, or construction projects that enterprises owned or operated by persons with disabilities directly produce, provide, or perform (hereafter in this Article referred to as “products of enterprises owned or operated by persons with disabilities”). <Amended on Mar. 13, 2018; Oct. 18, 2022>
(2) The head of a public institution shall include a separate purchase plan for products of enterprises owned or operated by persons with disabilities in a purchase plan prepared pursuant to Article 5 (1) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets.
(3) A purchase plan for products of enterprises owned or operated by persons with disabilities referred to in paragraph (2) shall include a purchase goal of at least the ratio determined by Presidential Decree, and the head of a public institution shall implement such purchase plan. <Amended on Dec. 31, 2018>
(4) With respect to matters deemed to require improvement after review of a purchase plan under paragraph (3), the Minister of SMEs and Startups may recommend the head of the relevant public institution to make improvements. In such cases, the head of the public institution shall include such recommendation in its purchase plan unless there is a compelling reason not to do so. <Amended on Jul. 26, 2017>
(5) The Minister of SMEs and Startups may request the head of a public institution to submit the records of purchasing products of enterprises owned or operated by persons with disabilities in order to check the implementation of a purchase plan for products of enterprises owned or operated by persons with disabilities under paragraph (2) and other matters. In such cases, the head of the public institution so requested shall comply therewith unless there is a compelling reason not to do so. <Amended on Oct. 18, 2022>
(6) Where the Minister of SMEs and Startups examines the records of purchase submitted under paragraph (5) and deems that such records significantly fall short of the purchase goal prescribed in paragraph (3), he or she may request the head of the relevant public institution to take measures for improvement. In such cases, the head of the public institution shall comply with such request unless there is a compelling reason not to do so. <Newly Inserted on Oct. 18, 2022>
[This Article Wholly Amended on Jan. 27, 2016]
 Article 10 (Assistance in Improvement of Business Management Skills)
The Minister of SMEs and Startups may implement programs designed to support entrepreneurs with disabilities and employees of enterprises owned or operated by persons with disabilities, such as training, guidance, and business consulting programs regarding the following matters, for improving their business management skills and technical levels: <Amended on Jul. 26, 2017; Oct. 18, 2022>
1. Educating entrepreneurs with disabilities on entrepreneurship;
2. Cooperating and organizing among entrepreneurs with disabilities;
3. Improving the business environment for, and strengthening competitiveness of, enterprises owned or operated by persons with disabilities;
4. Facilitating the establishment and upgrading of smart factories by entrepreneurs with disabilities;
5. Enhancing the capabilities of entrepreneurs with disabilities to produce, distribute, or sell products or to provide services through non-face-to-face methods;
6. Educating entrepreneurs with disabilities and employees of enterprises owned or operated by persons with disabilities to strengthen their digital competence;
7. Other matters necessary for improving the business management skills and technical levels of entrepreneurs with disabilities and employees of enterprises owned or operated by persons with disabilities.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 10-2 (Support for Development of Designs)
The Korea Institute of Design Promotion established under Article 11 of the Industrial Design Promotion Act shall endeavor to promote the development of designs by enterprises owned or operated by persons with disabilities.
[This Article Newly Inserted on Jan. 27, 2016]
 Article 11 (Establishment of Korean Disabled Entrepreneurs Association)
(1) The Korean Disabled Entrepreneurs Association (hereinafter referred to as the "Association") shall be established with the aim of pursuing the enhancement of common interests and the sound development of entrepreneurs with disabilities and efficiently conducting business affairs for the facilitation of entrepreneurial activities of persons with disabilities.
(2) The Association shall be a legal entity.
(3) The representative of persons who desire to incorporate the Association shall submit its articles of association and other necessary documents to the Minister of SMEs and Startups to obtain permission therefor, as prescribed by Presidential Decree. <Amended on Jul. 26, 2017>
(4) The Association shall be duly formed upon completion of the registration of its incorporation with the registry office having jurisdiction over its principal place of business.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 12 (Business Activities of the Association)
The Association shall conduct the following business activities: <Amended on Jul. 26, 2017>
1. Training entrepreneurs with disabilities and fostering professional entrepreneurs with disabilities;
2. Providing information to enterprises owned or operated by persons with disabilities;
3. Conducting activities for supporting and facilitating business start-up by persons with disabilities;
4. Assisting joint purchases and sales;
5. Assisting enterprises owned or operated by persons with disabilities in developing overseas markets and inducing foreign investments;
6. Cooperating with associations for enterprises owned or operated by persons with disabilities abroad;
7. Conducting projects entrusted by the Minister of SMEs and Startups for facilitating activities of enterprises owned or operated by persons with disabilities and business start-up by persons with disabilities;
8. Business activities for facilitating entrepreneurial activities of persons with disabilities in addition to those prescribed in subparagraphs 1 through 7.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 13 (Installation of Disabled Enterprise Business Center)
(1) The Association may install a Disabled Enterprise Business Center (hereinafter referred to as the "Business Center") that shall provide services of information, technology, education, training, counselling, research, survey, recommendation for guarantee, etc. in order to proactively facilitate business start-up by persons with disabilities and activities of enterprises owned or operated by persons with disabilities.
(2) The Government may subsidize the installation and operation of the Business Center.
(3) Matters necessary for the installation and operation of the Business Center shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 14 (Support in Taxation)
(1) The Government may provide support in taxation to enterprises owned or operated by persons with disabilities, as provided for by the Act on Restriction on Special Cases concerning Taxation, the Act on Restriction on Special Cases concerning Local Taxation, and other tax-related statutes, in order to facilitate the establishment of enterprises owned or operated by persons with disabilities, to expand the foundation for their business operations, and to improve their business structures. <Amended on Mar. 31, 2010>
(2) The Government may provide support in taxation to the Association (including the Business Center; hereafter in this Article the same shall apply) and its main business activities, as provided for by the Act on Restriction on Special Cases concerning Taxation.
(3) The Government may reckon the full value or amount of property or money contributed or donated for the establishment and operation of the Association in necessary expenses or deductible expenses, as provided for by the Income Tax Act or the Corporate Tax Act.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 15 (Gratuitous Loan of State-Owned or Public Property)
(1) The State or a local government may loan State-owned or public property to the Association gratuitously where it is required for the establishment of the Association or its projects, notwithstanding the provisions of the State Property Act or the Public Property and Commodity Management Act.
(2) Where the Association fails to implement a proposed project even after two years have lapsed since property was loaned to the Association pursuant to paragraph (1), the State or a local government may cancel or terminate the relevant loan agreement.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 16 (Application Mutatis Mutandis of the Civil Act)
(1) The provisions of the Civil Act governing incorporated associations shall apply mutatis mutandis to the Association, except as provided in this Act.
(2) The provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to the Business Center, except as provided in this Act.
[This Article Wholly Amended on Dec. 30, 2009]
 Article 17 (Prohibition against Use of Similar Names)
(1) No person other than the Association under this Act shall use the name "Korean Disabled Entrepreneurs Association" or any similar name. <Amended on Oct. 18, 2022>
(2) No person other than the Business Center under this Act shall use the name "Disabled Enterprise Business Center" or any similar name. <Newly Inserted on Oct. 18, 2022>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 18 (Guidance and Supervision)
(1) The Minister of SMEs and Startups may provide guidance and supervision regarding administrative affairs of the Association. <Amended on Jul. 26, 2017>
(2) Where deemed necessary for the guidance and supervision under paragraph (1), the Minister of SMEs and Startups may request the Association to submit necessary documents. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 18-2 (Verification of Enterprises Owned or Operated by Persons with Disabilities)
(1) A person who intends to receive support under this Act may file with the Minister of SMEs and Startups an application for verification of whether his or her enterprise is eligible as an enterprise owned or operated by a person with a disability. <Amended on Jul. 26, 2017>
(2) Where the Minister of SMEs and Startups in receipt of an application pursuant to paragraph (1) finds, upon investigation, that the relevant enterprise is eligible as an enterprise owned or operated by a person with a disability, he or she shall verify such fact (hereinafter referred to as “verification of an enterprise owned or operated by a person with a disability”). In such cases, the Minister of SMEs and Startups may issue a certificate specifying a validity period of up to three years as prescribed by Presidential Decree. <Amended on Jul. 26, 2017>
(3) A person for whom verification of an enterprise owned or operated by a person with a disability is cancelled due to his or her falling under Article 18-3 (1) 1 may not file an application under paragraph (1) within the period of up to one year as prescribed by Presidential Decree.
(4) Other matters necessary for verifying an enterprise owned or operated by a person with a disability, such as procedures for verifying an enterprise owned or operated by a person with a disability and the issuance of evidentiary documents, shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 18-3 (Cancellation of Verification of Enterprises Owned or Operated by Persons with Disabilities)
(1) Where a person who receives verification of an enterprise owned or operated by a person with a disability falls under any of the following cases, the Minister of SMEs and Startups may cancel such verification: Provided, That where such person falls under subparagraph 1, the Minister of SMEs and Startups shall cancel it: <Amended on Jul. 26, 2017>
1. Where he or she receives verification of an enterprise owned or operated by a person with a disability, by fraud or other improper means;
2. Where the enterprise in question ceases to meet the requirements for an enterprise owned or operated by a person with a disability under subparagraph 2 of Article 2;
3. Where the enterprise ceases to conduct business activities for an enterprise owned or operated by a person with a disability due to his or her discontinuation thereof, etc.;
4. Where he or she refuses reporting and inspection under Article 18-4 without good cause.
(2) The Minister of SMEs and Startups shall hold a hearing where he or she intends to cancel verification of an enterprise owned or operated by a person with a disability pursuant to paragraph (1). <Amended on Jul. 26, 2017>
[This Article Newly Inserted on Mar. 21, 2017]
 Article 18-4 (Reporting and Inspection)
(1) If necessary for checking whether a person who has received verification of an enterprise owned or operated by a person with a disability falls under any of the grounds for cancellation specified in Article 18-3 (1), the Minister of SMEs and Startups may request the relevant enterprise to submit the related materials and to file a report, or may have public officials under his or her jurisdiction enter the business places, offices, etc. of the relevant enterprise and inspect the relevant matters. <Amended on Jul. 26, 2017>
(2) A public official who conducts an inspection pursuant to paragraph (1) shall carry identification indicating his or her authority and show it to interested persons.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 18-5 (Awards Granted to Enterprises Owned or Operated by Persons with Disabilities)
(1) To raise the public awareness of enterprises owned or operated by persons with disabilities and to facilitate business start-up by persons with disabilities and their entrepreneurial activities, the Minister of SMEs and Startups may conduct the following programs:
1. Granting awards to persons who contribute to securing the competitiveness of entrepreneurs with disabilities and enterprises owned or operated by persons with disabilities;
2. Granting awards and providing support to enterprises owned or operated by persons with disabilities that have a high rate of employing persons with disabilities;
3. Other programs necessary for enhancing the competitiveness of entrepreneurs with disabilities and enterprises owned or operated by persons with disabilities.
(2) To facilitate the purchase of products of enterprises owned or operated by persons with disabilities, the Minister of SMEs and Startups may grant awards to public institutions, business entities, or related organizations that purchase products of enterprises owned or operated by persons with disabilities, meeting or exceeding the purchase goal prescribed in Article 9-2 (3), or that contribute to facilitating the purchase of such products.
[This Article Newly Inserted on Oct. 18, 2022]
 Article 19 (Entrustment of Projects)
The Minister of SMEs and Startups may, if necessary, entrust an institution or organization related to an enterprise owned or operated by a person with a disability with projects necessary for the enforcement of this Act. <Amended on Jul. 26, 2017>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 20 (Penalty Provisions)
An entity which is not an enterprise owned or operated by a person with a disability and receives support under this Act by fraud or other improper means, or a person who knowingly allows any other person to use the name of a person with a disability and receive support under this Act shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. <Amended on Mar. 21, 2017>
[This Article Wholly Amended on Dec. 30, 2009]
 Article 20-2 (Joint Penalty Provisions)
Where 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 provided for in Article 20 in connection with 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 provided for in the said Article: Provided, That this 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.
[This Article Newly Inserted on Mar. 21, 2017]
 Article 21 (Administrative Fines)
(1) Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Newly Inserted on Mar. 21, 2017; Oct. 18, 2022>
1. A person who fails to submit the records of purchase without good reason, in violation of Article 9-2 (5);
2. A person who fails to submit materials under Article 18-4 (1) or submits false materials;
3. A person who fails to file a report under Article 18-4 (1) or files a false report;
4. A person who refuses, obstructs, or evade an inspection under Article 18-4 (1).
(2) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on Mar. 21, 2017; Oct. 18, 2022>
1. A person who uses the name "Korean Disabled Entrepreneurs Association" or any similar name, in violation of Article 17 (1);
2. A person who uses the name "Disabled Enterprise Business Center" or any similar name, in violation of Article 17 (2).
(3) Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of SMEs and Startups. <Amended on Mar. 21, 2017; Jul. 26, 2017>
[This Article Wholly Amended on Dec. 30, 2009]
ADDENDUM <Act No. 7632, Jul 29, 2005>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 8086, Dec. 26, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8362, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9012, Mar. 28, 2008>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 9685, May 21, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9891, Dec. 30, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10220, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10233, Apr. 5, 2010>
This Act shall enter into force on the date of its promulgation.
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. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 13857, Jan. 27, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14122, Mar. 29, 2016>
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. 14682, Mar. 21, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisons of subparagraph 4 of Article 2 shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Verification of Enterprises Owned or Operated by Persons with Disabilities)
A person who has received verification of an enterprise owned or operated by a person with a disability pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have received verification of an enterprise owned or operated by a person with a disability under the amended provisions of Article 18-2 until the expiry of the validity of such verification.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the statutes to be amended pursuant to Article 5 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 statute.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 15465, Mar. 13, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16171, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Purchase Plans)
The amended provisions of Article 9-2 (3) shall begin to apply to the first purchase plan prepared under Article 5 (1) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets after this Act enters into force.
ADDENDA <Act No. 18661, Dec. 28, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 19017, Oct. 18, 2022>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Basic Plans)
The Minister of SMEs and Startups shall formulate a basic plan and an action plan under the amended provisions of Article 5 within one year after this Act enters into force.