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ENFORCEMENT DECREE OF THE ACT ON WELFARE SUPPORT FOR CHILDREN WITH DISABILITIES

Presidential Decree No. 34315, Mar. 19, 2024

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Welfare Support for Children with Disabilities and matters necessary for the enforcement thereof.
 Article 1-2 (Entrustment of operation of support centers for children with disabilities)
(1) Pursuant to Article 8 (2) of the Act on Welfare Support for Children with Disabilities (hereinafter referred to as the "Act"), the Minister of Health and Welfare shall entrust the operation of the Central Support Center for Children with Disabilities to the Korea Disabled People's Development Institute established under Article 29-2 (1) of the Act on Welfare of Persons with Disabilities (hereafter in this Article referred to as the "Korea Disabled People's Development Institute").
(2) The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor shall entrust the operation of local support centers for children with disabilities to the Korea Disabled People's Development Institute pursuant to Article 9 (4) of the Act.
[This Article Added on Jun. 29, 2021]
 Article 2 (Fact-finding surveys on status of welfare support for children with disabilities)
(1) A fact-finding survey on welfare support for children with disabilities and their families under Article 11 (1) of the Act shall include the following matters: <Amended on Jun. 29, 2021>
1. Characteristics of children with disabilities by type of disability;
2. Current status of child care and education for children with disabilities;
3. Current status of welfare support for children with disabilities;
4. Burden of rearing on families of children with disabilities;
5. Welfare needs of children with disabilities and their families in relation to matters referred to in subparagraphs 2 through 4;
6. Other matters relating to the current status of welfare support for children with disabilities and their families and their welfare needs, which the Minister of Health and Welfare deems necessary.
(2) The Minister of Health and Welfare shall take into account the gender, age, etc. of children with disabilities when surveying the matters referred to in the subparagraphs of paragraph (1).
 Article 3 (Scope of financial information)
"Data or information prescribed by Presidential Decree" in Article 13 (2) 1 of the Act means the following data or information: <Amended on Jul. 2, 2019>
1. Demand deposits, such as ordinary deposits, savings deposits, and free savings deposits: The average balance within the last 3 months;
2. Savings deposits, such as term deposits, installment deposits, and installment savings: The account balance or the total amount deposited;
3. Stocks, beneficiary certificates, investments, and equity investments: The final quotations. In such cases, Article 54 (1) of the Enforcement Decree of the Inheritance Tax and Gift Tax Act shall apply to the evaluation of quotations of unlisted stocks;
4. Bonds, notes, checks, debt certificates, and certificates of preemptive right to new stocks: The face value;
5. Annuity savings: Amount paid regularly or the final balance;
(2) "Data or information prescribed by Presidential Decree" in Article 13 (2) 2 of the Act means the following data or information:
1. Current state of loans and details of delinquent loans;
2. Outstanding credit card balance.
(3) "Data or information prescribed by Presidential Decree" in Article 13 (2) 3 of the Act means the following data or information:
1. Insurance policies: The amount of redemption to receive at the time of surrender, or insurance money paid within the last 1 year;
2. Annuity insurance: The amount of redemption to receive at the time of surrender, or amount paid regularly.
(4) Forms necessary for consent under Article 13 (2) of the Act shall be prescribed by Ministerial Decree of Health and Welfare.
 Article 4 (Request for and provision of financial information)
(1) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) shall submit a written consent pursuant to Article 13 (2) of the Act to the Minister of Health and Welfare through an information system under Article 6-2 (1) of the Social Welfare Services Act (hereinafter referred to as the "information system") <Amended on Jun. 29, 2021>
(2) In accordance with Article 15 (1) of the Act, if the Minister of Health and Welfare who receives a written consent under paragraph (1) requests the heads of financial companies, etc. defined in subparagraph 1 of Article 2 of the Act on Real Name Financial Transactions and Confidentiality or the heads of centralized credit information collection agencies under Article 25 (2) 1 of the Credit Information Use and Protection Act (hereinafter referred to as "financial institutions, etc.") to provide financial, credit, and insurance information regarding children with disabilities and their family members under Article 13 (2) 1 through 3 of the Act (hereinafter referred to as "financial information, etc."), he or she shall include the following information in such request: <Amended on Aug. 4, 2020>
1. Names and resident registration numbers of the children with disabilities and their family members;
2. Scope of financial information, etc. requested, base inquiry date, and inquiry period.
(3) If the head of a financial institution, etc. requested to provide financial information, etc. under paragraph (2) provides the Minister of Health and Welfare with the relevant financial information, etc., he or she shall include the following in the information provided:
1. Names and resident registration numbers of the children with disabilities and their family members;
2. Names of financial institutions, etc. that provide financial information, etc.;
3. Names of the financial products to be provided and the account numbers;
4. Details of financial information, etc.
(4) The Minister of Health and Welfare may request the heads of financial institutions, etc. to provide financial information, etc. under paragraph (2) through information and communication networks of associations, federations, or central associations affiliated with the relevant financial institutions, etc.
(5) If the Minister of Health and Welfare requests the provision of financial information, etc. about a child with disabilities and his or her family members pursuant to paragraph (2), he or she may request the provision of such financial information, etc. only to the minimum extent necessary for the purpose thereof.
(6) The Minister of Health and Welfare shall notify Special Self-Governing City Mayors, Special Self-Governing Province Governors, or the heads of Sis/Guns/Gus of financial information, etc. provided by the heads of financial institutions, etc. under paragraph (3) through the information system. <Amended on Jun. 29, 2021>
(7) Paragraphs (2) through (5) shall apply mutatis mutandis to requests for the provision of financial information, etc. about children with disabilities and their family members under Article 15 (2) of the Act.
 Article 5 (Qualifications for special teachers and infant care teachers for infants and children with disabilities)
(1) The qualification standards for special teachers under Article 22 (3) of the Act shall require holding a certificate of qualification as a regular teacher of Grade II or higher (applicable only to kindergarten courses) in special schools under Article 21 (2) of the Elementary and Secondary Education Act.
(2) To be eligible as an infant care teacher for infants and children with disabilities under Article 22 (3) of the Act (referring to children with disabilities eligible to use child care centers under Article 27 of the Child Care Act; hereinafter the same shall apply), a person shall meet all of the following qualifications: <Amended on Feb. 11, 2016>
1. He or she shall possess a certificate of qualification as a child care teacher of Grade II or higher under Article 21 (3) of the Child Care Act;
2. He or she shall have completed courses related to special education or rehabilitation prescribed by Ministerial Decree of Health and Welfare, or his or her credit points shall have been recognized under Article 7 of the Act on Recognition of Credits at a school prescribed in Article 2 of the Higher Education Act.
 Article 6 (Placement of special teachers and infant care teachers for infants and children with disabilities)
(1) Pursuant to Article 22 (4) of the Act, the number of special teachers and infant care teachers for infants and children with disabilities placed at child care centers for infants and children with disabilities under Article 32 of the Act shall be at least 1/3 of the number of infants and children with disabilities. In such cases, at least 1 out of every 2 special teachers and infant care teachers for infants and children with disabilities shall be a special teacher.
(2) Notwithstanding paragraph (1), if the number of infants and children with disabilities is not more than 2, special teachers and infant care teachers for infants and children with disabilities may not be assigned.
(3) The placement under paragraphs (1) and (2) shall follow these criteria sequentially: <Amended on Feb. 11, 2016>
1. Infants and children with disabilities aged 5 or older who are not enrolled in school: From March 1, 2016;
2. Infants and children with disabilities aged 4 years: From March 1, 2017;
3. Infants and children with disabilities aged 3 years: From March 1, 2018.
 Article 7 (Processing of sensitive information and personally identifiable information)
A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (including persons entrusted with the duties of a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu pursuant to Articles 16 (1) and 17 (1) of the Act) may process information on health under Article 23 of the Personal Information Protection Act or data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs: <Amended on Mar. 27, 2017; Jun. 29, 2021>
1. Screening tests for early detection of disabilities under Article 12 (1) of the Act;
2. Application for welfare assistance under Article 13 of the Act;
3. Referral of welfare assistance recipients to welfare support institutions under Article 16 of the Act;
4. Formulation of individualized support plans under Article 17 of the Act;
5. Medical subsidies under Article 19 of the Act;
6. Provision of developmental rehabilitation services under Article 21 (1) of the Act;
7. Family assistance under Article 23 of the Act;
8. Provision of services for care and temporary relaxation under Article 24 of the Act;
9. Provision of services for adaptation to community under Article 25 of the Act.
 Article 8 (Criteria for imposition of administrative fines)
The criteria for imposing administrative fines under Article 41 of the Act shall be as specified in Appendix 2.
ADDENDA <Presidential Decree No. 24016, Aug. 3, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on August 5, 2012.
Article 2 (Transitional measures concerning qualifications of special teachers in child care centers and infant care teachers for infants and children with disabilities)
Special teachers assigned to child care centers as at the time the Act on Welfare Support for Children with Disabilities (Act No. 11009) enters into force pursuant to Article 3 of the Addenda to that Act and the infant care teachers in charge of children with disabilities under Article 10 of the Enforcement Rule of the Child Care Act shall be deemed to satisfy the qualification standards under Article 22 (3) of the Act and Article 5 of this Decree if he or she completes at least 80 hours of on-the-job training offered by an institution designated by the Minister of health and Welfare by March 1, 2016. In such cases, the subjects and methods of on-the-job training and other necessary matters for the implementation of such training shall be determined by the Minister of Health and Welfare.
ADDENDUM <Presidential Decree No. 26969, Feb. 11, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30893, Aug. 4, 2020>
Article 1 (Enforcement date)
(1) This Decree shall enter into force on August 5, 2020. (Proviso Omitted.)
(2) and (3) Omitted.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 31842, Jun. 29, 2021>
This Decree shall enter into force on June 30, 2021.
ADDENDUM <Presidential Decree No. 34315, Mar. 19, 2024>
This Decree shall enter into force on March 29, 2024.