| Article 2 (Methods of fact-finding surveys) |
| (2) | When conducting a complete enumeration under paragraph (1), the Minister of Health and Welfare shall request cooperation from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"). |
| (3) | If the Minister of Health and Welfare conducts a survey on a sample basis under paragraph (1), he or she shall request a specialized research institute to conduct such survey. |
| (4) | Details to be included in the fact-finding surveys conducted under paragraph (1) shall be as follows: |
| 1. | Characteristics of disabilities of persons with developmental disabilities, such as the type, degree, cause of the disability; |
| 2. | Current status of persons with developmental disabilities, such as child care, education, employment, medical services, culture, arts, leisure, sports, and welfare support for persons with developmental disabilities and their families, and the status of use of such support; |
| 3. | Other matters the Minister of Health and Welfare deems necessary to ascertain the actual conditions of persons with developmental disabilities and their families and to formulate welfare policies. |
| Article 3 (Requirements for candidates for guardianship) |
"Person or legal entity who meets the requirements prescribed by Presidential Decree" in Article 9 (2) of the Act means a person or a corporation not disqualified under Article 937 of the Civil Act, meeting any of the following requirements: <Amended on May 29, 2017> | 1. | A person who has received education determined by the Minister of Health and Welfare at a corporation determined and publicly notified by the Minister (hereinafter referred to as "guardian corporation") and is supported and supervised by the guardian corporation during the guardianship period; |
| 2. | A guardian corporation. |
| Article 4 (Preparation and distribution of policy information) |
| (1) | The State and local governments shall include the following matters in important policy information to be prepared and distributed pursuant to Article 10 (1) of the Act: |
| 1. | Statutes or regulations determined by the Minister of Health and Welfare, which have a significant impact on the rights and obligations of persons with developmental disabilities; |
| 2. | Policy information on child care, education, employment, medical services, culture, arts, leisure, sports, income guarantee, housing welfare support, etc. for persons with developmental disabilities, which have a significant impact on their rights and obligations determined by the Minister of Health and Welfare. |
| (2) | The State and local governments shall prepare policy information under paragraph (1) in accordance with the standards determined by the Minister of Health and Welfare considering the characteristics of persons with developmental disabilities. |
| (3) | The State and local governments may distribute policy information in writing, electronically, or through other means considering the characteristics of persons with developmental disabilities. |
| Article 5 (Development of, and education on, communication tools, and training of specialized human resources) |
| (2) | In developing assistive technology devices, etc. pursuant to paragraph (1), the Minister of Education shall take into account the items, standards, and specifications of assistive technology devices for persons with disabilities determined and publicly notified by the Minister of Health and Welfare pursuant to Article 65 (2) of the Act on Welfare of Persons with Disabilities. |
| (4) | If the Minister of Education intends to determine necessary matters for the training courses for specialized human resources to assist communication under Article 10 (2) of the Act, he or she shall consult with the Minister of Health and Welfare. |
| Article 6 (Development of, and education on, communication guidelines for employees in charge of civil petitions) |
| (1) | The Minister of the Interior and Safety shall include the following matters in the communication guidelines for employees in charge of civil petitions developed pursuant to Article 10 (3) of the Act: <Amended on Jul. 26, 2017> |
| 1. | Characteristics of disabilities of persons with developmental disabilities, such as the type, degree, cause of the disability; |
| 2. | Methods of communication with persons with developmental disabilities and methods of using communication tools; |
| 3. | Other matters determined by the Minister of the Interior and Safety as necessary for the development of communication guidelines for employees in charge of civil petitions. |
| (2) | The Minister of the Interior and Safety shall annually provide education on communication guidelines under paragraph (1) for employees in charge of civil petitions. <Amended on Jul. 26, 2017> |
| Article 7 (Education to promote awareness) |
| (1) | The Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, and the Jeju Special Self-Governing Province Governor shall annually provide education to police officials and autonomous police officials to promote the correct awareness of persons with developmental disabilities pursuant to Article 12 (1) of the Act every year. <Amended on Jul. 26, 2017> |
| (2) | The education under paragraph (1) shall include the following matters: <Amended on Jul. 26, 2017> |
| 1. | Characteristics of disabilities of persons with developmental disabilities, such as the type, degree, cause of the disability; |
| 3. | Methods, etc. of investigation and survey for protecting the human rights of persons with developmental disabilities; |
| 4. | Other matters that the Commissioner General of the Korean National Police Agency, the Commissioner General of the Korea Coast Guard, and the Jeju Special Self-Governing Province Governor deem necessary to promote awareness of persons with developmental disabilities. |
| Article 8 (Education for prosecutors exclusively in charge and judicial police officers exclusively in charge) |
If the Prosecutor General and the Commissioner General of the Korean National Police Agency provide education to prosecutors exclusively in charge and judicial police officers exclusively in charge pursuant to Article 13 (3) of the Act, and the Commissioner of the Korea Coast Guard and the Jeju Special Self-Governing Province Governor to police officials and autonomous police officials with expert knowledge on the characteristics of persons with developmental disabilities, methods of communication, investigation methods for protecting persons with developmental disabilities, etc. pursuant to paragraph (5) of that Article, matters relating to the frequency, methods, etc. of education shall be determined by the head of a relevant agency. <Amended on Jul. 26, 2017>
| Article 9 (Crimes against persons with developmental disabilities) |
| (1) | "Crimes prescribed by Presidential Decree" in Article 14 (1) 6 of the Act means the following crimes: |
| (2) | The Minister of Justice shall prepare countermeasures, such as formulating policies on the prevention of crimes against persons with developmental disabilities, pursuant to Article 14 (1) of the Act. In such cases, the Minister may request the Commissioner General of the National Police Agency, the Commissioner General of the Korea Coast Guard, and the Jeju Special Self-Governing Province Governor to notify him of the results of the inspection under paragraph (2) of that Article. <Amended on July 26, 2017> |
| Article 10 (Protective measures) |
| (1) | "On grounds prescribed by Presidential Decree" in the proviso of Article 17 (2) of the Act means any of the following cases: |
| 1. | Where a person with a developmental disability has no place to live; |
| 2. | Where additional isolation from an alleged perpetrator is required. |
| (2) | In any of the following cases, the head of the Center for Persons with Developmental Disabilities and the head of a local center for persons with developmental disabilities under Article 33 of the Act (hereinafter referred to as "center for persons with developmental disabilities") may request a Mayor/Do Governor or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to take protective measures for persons with developmental disabilities pursuant to Article 17 (3) of the Act: |
| 1. | Where a person with a developmental disability has no place to live; |
| 2. | Where the residential conditions of persons with developmental disabilities are poor; |
| 3. | Where there is no person to protect persons with developmental disabilities; |
| 4. | Where additional crimes referred to in the subparagraphs of Article 14 (1) of the Act are likely to occur. |
| Article 10-2 (Ex officio application for welfare services) |
| (1) | "Cases prescribed by Presidential Decree such as cases where a person with a developmental disability is insane or feeble-minded" in the proviso of Article 18 (3) of the Act means where a person with a developmental disability falls under any of the following cases: |
| 1. | Where the person is under adult guardianship or limited guardianship; |
| 2. | Where the person is a minor; |
| 3. | Where the person is deemed incompetent or incapable of making a decision due to mental or physical disability. |
[This Article Added on Nov. 23, 2021]
| Article 11 (Establishment and operation of centers for behavioral development) |
| (1) | The State and local governments may establish and operate centers for behavioral development to perform the following business affairs pursuant to Article 24 (4) of the Act: |
| 1. | Formulation of a behavioral treatment plan and a behavioral treatment support plan for persons with developmental disabilities who exhibit behavioral problems, such as self-harm and aggression, and business affairs under such plan; |
| 2. | Education for the family members of persons with developmental disabilities; |
| 3. | Development of behavioral development promotion programs; |
| 4. | Training of behavioral therapists and behavioral therapy support experts; |
| 5. | Other affairs determined by the Minister of Health and Welfare as necessary to promote behavioral development. |
| (2) | The centers for behavioral development referred to in paragraph (1) shall be established in a place easily accessible by persons with developmental disabilities. |
| Article 12 (Designation of lifelong educational institutions for persons with developmental disabilities) |
| (1) | Pursuant to Article 26 (1) of the Act, the Minister of Education and the superintendent of education of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province shall designate lifelong educational institutions for persons with developmental disabilities from among lifelong educational institutions defined in subparagraph 2 of Article 2 of the Lifelong Education Act. |
| (2) | The educational courses provided by a lifelong educational institution designated pursuant to paragraph (1) shall be organized considering the following standards: |
| 1. | Individual characteristics of each person with a developmental disability; |
| 2. | Cultivation of capacity for self-determination and independent living; |
| 3. | Communication and cognitive traits. |
| Article 13 (Assistance in cultural, artistic, recreational, and sports activities) |
The Minister of Culture, Sports and Tourism, a Mayor/Do Governor, and the head of a Si/Gun/Gu shall formulate the following policy measures to support persons with developmental disabilities in cultural, artistic, recreational, sports activities, etc. under Article 27 of the Act: | 1. | Establishment of facilities for cultural and art activities; |
| 2. | Use of culture and arts programs and the provision of information thereon; |
| 3. | Securing access to recreational facilities, etc.; |
| 4. | Revitalization of life sports activities. |
| Article 14 (Qualification standards for human resources of centers for persons with developmental disabilities) |
The human resources to be assigned to centers for persons with developmental disabilities, such as special teachers, social workers, and attorneys-at-law pursuant to Article 34 (3) of the Act, and the qualifications to be met by them shall be as specified in Appendix 1.
| Article 15 (Establishment and operation of information system for assistance to persons with developmental disabilities) |
The Minister of Health and Welfare may establish and operate an information system for assistance to persons with developmental disabilities to perform the following affairs pursuant to Article 36 of the Act: | 1. | Application for welfare services under Article 18 of the Act; |
| 2. | Formulation of individualized service plans under Article 19 of the Act; |
| 3. | Referral of persons with developmental disabilities to institutions, etc. rendering welfare services under Article 20 of the Act; |
| 4. | Management, etc. of accounts under Article 21 of the Act; |
| 5. | Inspection, etc. of account management under Article 22 of the Act; |
| 6. | Duties of centers for persons with developmental disabilities under Article 34 of the Act; |
| 7. | Cooperation by related institutions under Article 35 of the Act; |
| 8. | Provision, etc. of services under Article 37 of the Act; |
| 9. | Revised designation, etc. of institutions providing services under Article 38 of the Act; |
| 10. | Other affairs deemed necessary by the Minister of Health and Welfare for the efficient processing of data and information necessary for the enforcement of the Act and the computerization of recording and management. |
| Article 16 (Period of prohibition of re-designation of Institutions providing services) |
"Period prescribed by Presidential Decree" in Article 38 (4) of the Act means 6 months.
| Article 16-2 (Entrustment of affairs) |
| (1) | Pursuant to the former part of Article 41 (2) of the Act and paragraphs (5) and (6) of that Article, the Minister of Health and Welfare shall entrust the following affairs to the Korea Disabled People's Development Institute 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"): <Amended on Nov. 23, 2021> |
| 1. | Operation of the Center for Persons with Developmental Disabilities under Article 33 (1) of the Act; |
| 2. | Establishment and operation of an information system for assistance to persons with developmental disabilities under Article 36 of the Act; |
| 3. | Management and evaluation of services under Article 38-2 of the Act. |
| (2) | A Mayor/Do Governor shall entrust the following affairs to the Korea Disabled People's Development Institute pursuant to the former part of Article 41 (2) of the Act and paragraph (6) of that Article: <Amended on Nov. 23, 2021> |
| 1. | Operation of local centers for persons with developmental disabilities under Article 33 (2) of the Act; |
| 2. | Management and evaluation of services under Article 38-2 of the Act. |
[This Article Added on Jun. 29, 2021]
| Article 17 (Processing of sensitive information and personally identifiable information) |
| (1) | The State (including persons entrusted pursuant to the former part of Article 41 (2) of the Act and paragraphs (3) and (5) of that Article) and local governments (where the relevant authority is delegated or entrusted, including persons delegated or entrusted with such authority) may process information on health under Article 23 of the Personal Information Protection Act and data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs: <Amended on Jun. 29, 2021; Nov. 23, 2021> |
| 1. | Fact-finding surveys under Article 6 of the Act; |
| 2. | Assistance in the use of adult guardianship under Article 9 of the Act; |
| 3. | Protective measures, etc. under Article 17 of the Act; |
| 4. | Application for welfare services under Article 18 of the Act; |
| 5. | Formulation of individualized service plans under Article 19 of the Act; |
| 6. | Referral of persons with developmental disabilities to institutions, etc. rendering welfare services under Article 20 of the Act; |
| 7. | Management, etc. of accounts under Article 21 of the Act; |
| 8. | Inspection, etc. of account management under Article 22 of the Act; |
| 9. | Early diagnosis and intervention under Article 23 of the Act; |
| 10. | Assistance in rehabilitation and development under Article 24 of the Act; |
| 11. | Assistance in daytime and after-school activities under Article 29-2 of the Act; |
| 12. | Establishment and operation of centers for persons with developmental disabilities under Article 33 of the Act; |
| 13. | Establishment and operation of an information system for assistance to persons with developmental disabilities under Article 36 of the Act; |
| 14. | Designation of institutions providing services under Article 37 (2) of the Act. |
| (2) | The head of a center for persons with developmental disabilities or a guardian corporation may process data containing information on health under Article 23 of the Personal Information Protection Act, or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable to perform the following affairs: |
| 1. | Assistance in the use of adult guardianship under Article 9 of the Act (including affairs relating to support for and supervision over candidates for guardianship under subparagraph 2 of Article 3 of this Decree); |
| 2. | Protective measures, etc. under Article 17 of the Act; |
| 3. | Formulation of individualized service plans under Article 19 of the Act; |
| 4. | Referral of persons with developmental disabilities to institutions, etc. rendering welfare services under Article 20 of the Act. |
| Article 18 (Criteria for imposition of administrative fines) |
The criteria for imposing administrative fines prescribed in Article 44 (1) of the Act shall be as specified in Appendix 2.
ADDENDUM <Presidential Decree No. 26650, Nov. 18, 2015>
This Decree shall enter into force on November 21, 2015.
ADDENDUM <Presidential Decree No. 28073, May 29, 2017>
This Decree shall enter into force on June 3, 2017.
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation; provided, the amendments to the Presidential Decrees to be amended under Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree.
ADDENDUM <Presidential Decree No. 31841, Jun. 29, 2021>
This Decree shall enter into force on June 30, 2021.
ADDENDUM <Presidential Decree No. 32147, Nov. 23, 2021>
This Decree shall enter into force on December 9, 2021; provided, the amended provisions of Article 10-2 shall enter into force on January 1, 2022.