Article 2 (Scope of motor vehicles and other devices) |
1. | Motor vehicles equipped with auxiliary equipment to assist persons with disabilities in getting on and off the vehicle or driving by themselves; |
Article 3 (Scope of public institutions) |
"Other public organizations prescribed by Presidential Decree" in subparagraph 4 of Article 3 of the Act means any of the following institutions: 1. | Special corporations established under any special Act; |
Article 4 (Scope of educational institutions) |
"Other institutions prescribed by Presidential Decree" in subparagraph 6 of Article 3 of the Act means the following institutions: <Amended on May 19, 2011; Feb. 3, 2016> 3. | Training institutions under Article 2 (1) of the Regulations on the Training of Teachers; |
Article 4-2 (Details and methods of fact-finding surveys) |
(1) | The details of a fact-finding survey conducted by the Minister of Health and Welfare pursuant to Article 8-2 (1) of the Act (hereinafter referred to as "fact-finding survey") shall include the following: |
1. | Status of discrimination against persons with disabilities in employment; |
1. | Status of discrimination against persons with disabilities in education; |
3. | Status of discrimination against persons with disabilities in the provision and use of goods, services, etc.; |
4. | Status of discrimination against persons with disabilities in the provision of judicial and administrative procedures and services by public institutions, etc. and in the exercise of their right to vote; |
5. | Status of discrimination against persons with disabilities based on maternity and paternity rights and gender; |
6. | Status of discrimination against persons with disabilities in families, homes, welfare facilities, and their right to health; |
7. | Status of discrimination against women with disabilities and children with disabilities; |
8. | Other matters relating to the implementation of the Act, which the Minister of Health and Welfare deems necessary to eliminate discrimination against persons with disabilities. |
(2) | The fact-finding survey shall be conducted on a sample basis, but may be conducted on a complete enumeration basis, if necessary due to the characteristics of the survey items. |
(3) | The Minister of Health and Welfare may request an institution, corporation, or organization with expertise, human resources, and equipment for persons with disabilities to conduct a fact-finding survey. |
(4) | The Minister of Health and Welfare shall publish the results of a fact-finding survey on the Ministry of Health and Welfare's website. |
[This Article Added on Dec. 1, 2020]
Article 5 (Details of reasonable accommodation provided by employers) |
The details of reasonable accommodation to be provided by an employer pursuant to Article 11 (3) of the Act shall be as follows: 1. | Entrances and ramps that allow access to the place of performance of duties; |
2. | Installation or remodeling of facilities and equipment, such as height-adjustable work tables, etc. to enable work performance; |
3. | Changes or adjustments to working hours, such as modifications to work schedules for rehabilitation, function tests, treatment, etc. and adjustments to commuting hours; |
4. | Provision of human resources and facilities to assist persons with disabilities in participating in training, such as the placement of training assistants, adjustable desks and braille materials; |
5. | Provision of work instructions or guidelines for persons with disabilities; |
6. | Provision of auxiliary means for evaluating the abilities of persons with disabilities, such as extending test hours and providing enlarged answer sheets. |
Article 6 (Scope of applicable workplaces in each phase of implementation) |
The scope of workplaces required to provide reasonable accommodation to workers with disabilities in each phase of implementation pursuant to Article 11 (3) of the Act shall be as specified in Appendix 1.
Article 7 (Method of bearing expenses for medical examinations) |
(1) | When an employer conducts a medical examination pursuant to the proviso of Article 12 (1) of the Act, if a worker undergoes a medical examination at a medical institution other than the one designated by the employer and submits a detailed statement of expenses incurred for the medical examination to the employer, the employer shall reimburse the worker an amount ordinarily incurred in undergoing the examination at the medical institution designated by the employer. |
(2) | If an employer requires a worker to undergo a medical examination pursuant to the proviso of Article 12 (1) of the Act, the employer shall recognize the time taken for the worker to undergo such examination as working hours or provide support by adjusting the work schedules to ensure that the worker is not disadvantaged in undergoing the examination. |
Article 8 (Details of reasonable accommodation) |
(1) | "Electronic indications prescribed by Presidential Decree, such as voice conversion codes" in Article 14 (1) 4 of the Act means any of the following: <Added on Jun. 19, 2018> |
1. | Voice conversion codes; |
2. | Electronic indications that convert printed information into formats accessible through tactile or auditory senses. |
(2) | Matters that shall be provided by an education officer pursuant to Article 14 (1) 6 of the Act shall be as follows: <Amended on Jun. 19, 2018> |
1. | Guidance materials, etc. for the smooth execution of teaching or learning; |
2. | Transportation related to commuting; |
3. | Facilities, equipment, and means of transportation necessary for moving around or accessing all spaces necessary for educational activities within educational institutions such as classrooms and other learning facilities, restrooms, and cafeterias. |
Article 9 (Scope of applicable educational institutions in each phase of implementation) |
The scope of educational institutions in each phase of implementation under Article 14 (3) of the Act shall be as specified in Appendix 2.
Article 10 (Department and person in charge of supporting students with disabilities) |
(1) | Pursuant to Article 14 (3) of the Act, an education officer shall assign a department or a person in charge of supporting students with disabilities as prescribed in the following subparagraphs to ensure that persons with disabilities attending the relevant educational institution are not disadvantaged in their educational activities: |
(2) | An education officer shall regularly inspect the activities of the departments or persons in charge of supporting students with disabilities under paragraph (1) and the status of use by persons with disabilities. |
Article 10-2 (Scope of applicable providers of goods and services in each phase of implementation and specific details of reasonable accommodation) |
(1) | The scope of providers of goods, services, etc. in each phase of implementation under Article 15 (3) of the Act shall be as specified in Appendix 2-2. |
2. | Securing a space for the footrest and knee of a wheelchair to ensure wheelchair access to the front and lower part of an unmanned information terminal or installing assistive devices capable of recognizing visual information on the screen of an unmanned information terminal and performing physical manipulations without the need to secure a separate space; |
3. | Installing flooring made of materials distinguished from other flooring materials so that visually impaired persons can detect them; |
4. | Installing braille blocks or voice guidance devices in front of unmanned information terminals; |
5. | Providing means of communication, such as Korean sign language, texts, or voice to assist in the process of using unmanned information terminals, such as addressing errors that may occur; |
6. | Posting a notice or providing an electronic signal indicating that unmanned information terminals are accessible to persons with disabilities and instructions on how to use them. |
(3) | Providers of goods, services, etc. shall endeavor to ensure that persons with disabilities can access and use unmanned information terminals equally with those without disabilities by installing assistive devices or software compatible with unmanned information terminals in the course of providing reasonable accommodation under the subparagraphs of paragraph (2) or by deploying human resources to assist them in using the terminals. |
[This Article Added on Mar. 30, 2023]
Article 11 (Covered establishments and their scope) |
Article 12 (Details of reasonable accommodation and installation standards with respect to establishments) |
Article 13 (Eligibility for, and details of reasonable accommodation, such as means of mobility and transportation) |
(3) | The head of a driver's license test institution under Article 83 (1) and (2) of the Road Traffic Act may, upon request by a person with a disability, provide support for the skill test for driver's license or the road driving test. |
Article 14 (Scope of provision of reasonable accommodation in each phase of implementation, and details of such accommodation in telecommunication and communication) |
(1) | The scope of actors, etc. (referring to actors, etc. under the former part of Article 21 (1) of the Act; hereinafter the same shall apply) required to provide necessary means, such as Korean sign language and writing, in each phase of implementation so that persons with disabilities can access and use them pursuant to the former part of Article 21 (1) of the Act shall be as specified in Appendix 3. <Amended on Aug. 2, 2016; Mar. 30, 2023> |
(2) | Details of the necessary means that shall be provided pursuant to Article 21 (1) of the Act shall be as follows: <Amended on Aug. 2, 2016> |
1. | A website where accessibility is guaranteed to ensure that any person can use the desired service through the website, irrespective of physical or technical circumstances; |
2. | Korean sign language interpreters, audio interpreters, braille materials, braille information terminals, documents enlarged in large print, magnifying glasses, recorded tapes, standard text files, personal hearing aids, subtitles, Korean sign language interpretation, printed speech converters, copiers for persons with disabilities, video telephones, telecommunication relay telephones, or equivalent means. |
(3) | If a person with a disability makes a request, necessary means under paragraph (2) 2 shall be provided within 7 days from the date of receipt of such request. |
(4) | "Wired and wireless telecommunication prescribed by Presidential Decree, such as application software" in Article 21 (2) of the Act means the following: <Added on Mar. 30, 2023> |
1. | Application software installed on smartphones; |
2. | Application software installed in other mobile communications terminal devices (referring to terminal devices necessary for the use of facilities-based telecommunications services using frequencies assigned under the Radio Waves Act). |
(5) | The scope of actors, etc. under Article 21 (2) of the Act in each phase of implementation shall be as specified in Appendix 3-2. <Added on Mar. 30, 2023> |
(6) | The details of reasonable accommodation that an actor, etc. shall provide pursuant to Article 21 (2) of the Act shall be as follows: <Added on Mar. 30, 2023> |
2. | Providing labels by which persons with disabilities can confirm whether the verification standards under subparagraph 1 are complied with before purchasing or installing application software; |
3. | Providing information necessary for smooth installation and use of application software according to the type of disabilities; |
4. | Providing means of communication, such as Korean sign language, text, voice, etc., to solve problems in the process of installing and using application software, if any; |
5. | Providing support for voice command functions that can be used where it is difficult to manipulate application software. |
(7) | If a person with a disability requests assistance not later than 7 days before holding an event pursuant to Article 21 (3) of the Act, a public institution, etc. shall provide necessary means, such as Korean sign language interpreters, text interpreters, voice interpreters, or hearing aids. <Amended on Aug. 2, 2016; Mar. 30, 2023> |
(8) | The details of the convenience for viewers with disabilities under Article 21 (4) of the Act shall be as follows: <Added on May 19, 2011; Aug. 2, 2016; Mar. 30, 2023> |
1. | Closed captions transmitting the voice and sound of broadcasting in text form for the hearing impaired; |
2. | Korean sign language interpretation transmitting the voice and sound of broadcasting through hand gestures, gestures, facial expressions, etc. for the hearing impaired; |
3. | Screen commentary delivering scenes, subtitles, etc. on the screen by voice for the visually impaired. |
(9) | Except as provided in paragraph (8), the Ministry of Science and ICT and the Korea Communications Commission shall determine and publicly notify the standards, methods, etc. necessary for the implementation of convenience services for viewers with disabilities for each jurisdiction. In such cases, the Ministry of Science and ICT and the Korea Communications Commission shall each have a prior consultation with the National Human Rights Commission. <Added on May 19, 2011; Mar. 23, 2013; Jul. 26, 2017; Mar. 30, 2023> |
(10) | The scope of facilities-based telecommunications business entities required to provide relay services in each phase of implementation using telecommunications equipment and facilities pursuant to Article 21 (5) of the Act shall be as specified in Appendix 3-3. <Added on May 19, 2011; Mar. 30, 2023> |
(11) | Relay service using telecommunications equipment and facilities under Article 21 (5) of the Act shall be a service that relays calls between persons with disabilities or between a person with a disability and one without a disability in real time by converting texts, Korean sign language videos, etc. into voice or by converting voice into texts, Korean sign language videos, etc. using telecommunications equipment and facilities. <Added on May 19, 2011; Aug. 2, 2016; Mar. 30, 2023> |
Article 15 (Prohibition of discrimination in cultural and artistic activities) |
(1) | The scope of cultural and artistic business entities required to provide reasonable accommodation for persons with disabilities in each phase of implementation to encourage their participation in cultural and artistic activities pursuant to Article 24 (2) of the Act shall be as specified in Appendix 4. |
(2) | The details of reasonable accommodation under Article 24 (2) of the Act shall be as follows: |
1. | Installation or remodeling of facilities and equipment for accessing entrances, sanitary facilities, information facilities, grandstands, cubicle areas, beverage stands, sales stands, stage podiums, etc. for persons with disabilities to participate in and enjoy cultural and artistic activities; |
2. | Placement of supporting staff for cultural and artistic activities, if requested by persons with disabilities and their assistants; |
3. | Provision of equipment and devices, such as wheelchairs, braille brochures, and hearing aids, to assist persons with disabilities in cultural and artistic activities; |
4. | Provision of information on cultural and artistic activities for persons with disabilities. |
Article 15-2 (Prohibition of discrimination in tourism activities) |
(1) | The scope of tourism business entities required to provide reasonable accommodation for persons with disabilities in each phase of implementation to encourage their participation in tourism activities pursuant to Article 24 (2) of the Act shall be as specified in Appendix 4-2. |
(2) | The details of reasonable accommodation under Article 24 (2) of the Act shall include the following: |
1. | Providing information and guidance on the use of tourist facilities, access to tourist destinations, etc. for tourism activities for persons with disabilities; |
2. | Providing information on the availability of assisting personnel for tourism activities for persons with disabilities. |
[This Article Added on Mar. 27, 2018]
Article 16 (Prohibition of discrimination in physical activities) |
(1) | The details of reasonable accommodation that shall be provided by the State and local governments pursuant to Article 25 (2) of the Act shall include the following: |
1. | Installation of facilities necessary for the physical activities of persons with disabilities and arrangement of physical exercise equipment; |
2. | Operation of physical activity programs that persons with disabilities can participate in; |
3. | Placement of certified sports leaders and supporting staff for physical activities, upon request by persons with disabilities and their assistants; |
4. | Provision of video products and booklets containing instructions on the use of equipment, etc. for the convenience of physical activities for persons with disabilities; |
5. | Provision of information on physical activities for persons with disabilities; |
6. | Training of certified sports leaders for persons with disabilities who can guide their physical activities; |
7. | Encouraging the production of physical exercise equipment designed for use by persons with disabilities; |
8. | Provision of medical services to support the physical activities of persons with disabilities. |
(2) | The types of facilities necessary for the physical activities of persons with disabilities referred to in paragraph (1) 1 and the timing of the obligation to install such facilities shall be as specified in Appendix 5. |
Article 17 (Provision of reasonable accommodation in judicial and administrative procedures and services) |
(1) | Public institutions and their employees shall, upon request by persons with disabilities for the purpose of using or participating in judicial and administrative procedures and services pursuant to Article 26 (8) of the Act, provide reasonable accommodation to them, such as supporting staff, braille materials, printed audio output devices, Korean sign language interpretation, reading, voice support systems, computers, etc., and may grant the use of tools in correctional or detention facilities or provide counseling on grievances, correctional work, or vocational skills development training considering the type and condition of the disability. <Amended on August 2, 2016> |
Article 18 (Applicable workplaces required to provide workplace child care services and scope of those workplaces in each phase of implementation) |
The applicable workplaces required to provide reasonable accommodation to the use, etc. of workplace child care services pursuant to Article 33 (3) of the Act shall be those required to establish workplace child care centers pursuant to Article 20 (1) of the Enforcement Decree of the Child Care Act, and these provisions shall take effect on April 11, 2009. <Amended on Dec. 8, 2011>
Article 19 (Matters necessary for use of workplace childcare services) |
Matters necessary for the use, etc. of workplace child care services under Article 33 (3) 3 of the Act shall be as follows: <Amended on Dec. 8, 2011> 1. | Provision of support for the preferential admission of children of female workers with disabilities to workplace child care centers; |
2. | Removal of obstacles to ensure that there is no danger in accessing or using workplace child care centers; |
3. | Provision of brochures taking into account the types of disabilities of female workers with disabilities and other factors; |
4. | Provision of convenience to female workers with disabilities so that they can communicate smoothly with their children according to their disability status; |
5. | Provision of convenience in using workplace child care services through counseling. |
Article 20 (Method of requesting corrective orders) |
A person who intends to apply for a corrective order under Article 43 (1) of the Act shall submit a document containing the following information to the Minister of Justice: 1. | Name and address of the claimant: |
2. | Name and address of the respondent (in cases of a corporation, referring to the name and the seat of its principal place of business); |
3. | Reasons for requiring a corrective order. |
Article 21 (Period for issuing corrective orders) |
If the Minister of Justice issues a corrective order at the request of a victim pursuant to Article 43 (1) of the Act, the Minister shall do so within 3 months from the date of receipt of the request, and if the Minister of Justice issues a corrective order ex officio, it shall be done within 3 months from the date of confirmation of non-compliance with the recommendation.
Article 22 (Written corrective order) |
A written corrective order issued under Article 43 (3) of the Act shall clearly state the following: 1. | Reasons for the corrective order; |
2. | Details of the corrective order; |
3. | Deadline for correction; |
4. | Procedures for filing objections to the corrective order. |
Article 23 (Deliberation Committee on Remedies for Discrimination against Persons with Disabilities) |
(1) | A Deliberation Committee on Remedies for Discrimination against Persons with Disabilities (hereinafter referred to as the "Deliberation Committee") shall be established in the Ministry of Justice to deliberate on matters relating to corrective orders for discrimination against persons with disabilities. |
(2) | The Deliberation Committee shall consist of not more than 9 members, including 1 chairperson. |
(3) | The Vice Minister of Justice shall serve as the chairperson, and members shall be commissioned by the Minister of Justice from among the heads of the Legal Affairs Bureau and of the Human Rights Bureau of the Ministry of Justice, and relevant experts with abundant knowledge and experience in the issues of human rights and discrimination against persons with disabilities. |
Article 24 (Term of office of commissioned members) |
Each member commissioned pursuant to Article 23 (3) shall hold office for a term of 2 years and may be appointed consecutively for further terms.
Article 25 (Chairperson's duties and committee meetings) |
(1) | The chairperson shall represent the Deliberation Committee and exercise general supervision over its affairs. |
(2) | If the chairperson is unable to perform his or her duties due to any unavoidable reason, a committee member designated by the chairperson shall act on behalf of the chairperson. |
(3) | Meetings of the Deliberation Committee shall be convened at the request of the Minister of Justice or when deemed necessary by the chairperson. |
(4) | The chairperson shall preside over Deliberation Committee meetings. |
(5) | A majority of the members of the Deliberation Committee shall constitute a quorum, and any resolution thereof shall require the concurring vote of a majority of those present. |
(6) | In emergencies or if there is an unavoidable reason, the chairperson may conduct deliberations in writing (including electronic forms). |
Article 26 (Hearing of opinions) |
The chairperson may, if deemed necessary with respect to matters to be deliberated upon by the Deliberation Committee, have relevant persons attend and state their opinions.
Article 27 (Executive secretary) |
The Deliberation Committee shall have 1 executive secretary to handle its administrative affairs, who shall be designated by its chairperson from among public officials under the jurisdiction of the Ministry of Justice.
Article 28 (Detailed operational rules) |
Except as provided in this Decree, matters necessary for the operation of the Deliberation Committee shall be determined by the chairperson, subject to resolution by the committee.
Article 29 (Respect for results of deliberation by Deliberation Committee) |
The Minister of Justice shall respect results of the Deliberation Committee when determining whether to issue a corrective order.
Article 29 (Respect for deliberation results of the Deliberation Committee) |
The Minister of Health and Welfare shall examine the appropriateness of the following matters every 3 years, counting from January 1, 2023 (referring to the period that ends on the day before the base date of every 3rd year) and shall take measures, such as making improvements:
1. | The scope of applicable providers of goods, services, etc. in each phase of implementation and the specific details of reasonable accommodation that shall be provided by the providers under Article 10-2 and Appendix 2-2; |
2. | The scope of actors, etc. in each phase of implementation and the specific details of reasonable accommodation that shall be provided by the actors, etc. under Article 14 (4) through (6) and Appendix 3-2. |
[This Article Added on Mar. 30, 2023]
ADDENDUM <Presidential Decree No. 20766, Apr. 10, 2008>
This Decree shall enter into force on April 11, 2008.
ADDENDA <Presidential Decree No. 21698, Aug. 21, 2009>
Article 1 (Enforcement date)
This Decree shall enter into force on August 23, 2009.
ADDENDUM <Presidential Decree No. 22926, May 19, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement date)
This Decree shall enter into force on December 8. 2011. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24208, Nov. 27, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on December 2, 2012.
ADDENDA <Presidential Decree No. 24454, Mar. 23, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 26944, Feb. 3, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27427, Aug. 2, 2016>
Article 1 (Enforcement date)
This Decree shall enter into force on August 4, 2016.
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. 28718, Mar. 27, 2018>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28980, Jun. 19, 2018>
This Decree shall enter into force on June 20, 2018.
ADDENDUM <Presidential Decree No. 31208, Dec. 1, 2020>
This Decree shall enter into force on December 4, 2020.
ADDENDA <Presidential Decree No. 31220, Dec. 8, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on December 10, 2020.
ADDENDA <Presidential Decree No. 33023, Dec. 6, 2022>
Article 1 (Enforcement date)
This Decree shall enter into force on December 8, 2022.
ADDENDUM <Presidential Decree No. 33367, Mar. 30, 2023>
This Decree shall enter into force on the date of its promulgation.