ACT ON WELFARE SUPPORT FOR CHILDREN WITH DISABILITIES
Act No. 11009, Aug. 4, 2011
Amended by Act No. 11141, Dec. 31, 2011
Act No. 11858, jun. 4, 2013
Act No. 13323, May 18, 2015
Act No. 14004, Feb. 3, 2016
Act No. 14332, Dec. 2, 2016
Act No. 17789, Dec. 29, 2020
Act No. 18218, jun. 8, 2021
Act No. 19300, Mar. 28, 2023
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to enable the State and local governments to collaborate their assistance to suit the specific welfare needs of children with disabilities so that children with disabilities can grow up healthily in a stable home life and actively correlate in society, and to lessen the burden on the families of children with disabilities.
The terms used in this Act are defined as follows:
| 1. | The term "children with disabilities" means persons under the age of 18 registered as persons with disabilities pursuant to Article 32 of the Act on Welfare of Persons with Disabilities: Provided, That persons otherwise recognized as disabled by the Minister of Health and Welfare, among children under the age of 6, shall be included herein; |
| 2. | The term "protector of a child with disabilities" (hereinafter referred to as "caregiver") means a person with parental rights, a guardian, a person who protects, nurtures, and educates a child with disabilities, or assumes a duty for such protection, nurture, and education, or a person who actually protects and supervises a child with disabilities due to affairs or employment reasons; |
| 3. | The term "welfare support for children with disabilities" means that the State and local governments provide various resources of personnel and materials, such as medical subsidies, childcare assistance, assistance to their families, and assistance necessary for the growth of children with disabilities, according to their specific welfare needs; |
| 4. | The term "welfare assistance recipient" means a person entitled to welfare support under this Act; |
| 5. | The term "welfare assistance voucher for a child with disabilities" (hereinafter referred to as "welfare assistance voucher") means a certificate that states (including records kept in electronic or magnetic form) the extent of welfare support to which a user can obtain by presenting the voucher to a service provider, in whatsoever name or form the voucher may be, or the amount of money equivalent to such welfare support: Provided, That childcare subsidies under Article 22 (1) shall be substituted with a coupon for nursing service under Article 34-3 of the Child Care Act. |
| (1) | Top priority shall be placed on benefits to children with disabilities in all activities for children with disabilities. |
| (2) | The right of a child with disabilities to express his or her opinion on all activities that have an impact on him or her shall be guaranteed to the utmost extent. |
| Article 4 (Rights of Children with Disabilities) |
| (1) | A child with disabilities shall be protected from abuse, abandonment, exploitation, confinement, violence, etc. in any form. |
| (2) | A child with disabilities shall be nurtured by parents and shall be raised in a stable family environment. |
| (3) | A child with disabilities shall be provided with education appropriate for developing his or her character, and mental and physical capabilities to the utmost. |
| (4) | A child with disabilities shall be provided with assistance in medical treatment and welfare so that he or she can maintain the best possible physical condition and enjoy a happy daily life. |
| (5) | A child with disabilities shall be provided with opportunities to enjoy recreation and leisure, and participate in activities for entertainment, culture, and art. |
| (6) | A child with disabilities shall be provided with opportunities for education and training to improve abilities to communicate, make decisions on his or her own, and advocate his or her rights. |
| Article 5 (Relationship with Other Statutes) |
This Act shall take precedence over other statutes with regard to welfare support for children with disabilities.
CHAPTER II MISSIONS OF THE STATE AND LOCAL GOVERNMENTS
| Article 6 (Missions of the State and Local Governments) |
The State and local governments shall conduct the following affairs in order to provide appropriate welfare support to children with disabilities:
| 1. | Providing welfare assistance measures for children with disabilities and their families; |
| 2. | Researching and developing welfare assistance programs for children with disabilities; |
| 3. | Promotional activities for early detection of disabilities; |
| 4. | Establishing a system for providing welfare support; |
| 5. | Managing and supervising the supply and demand of welfare assistance vouchers and their use; |
| 6. | Other affairs deemed necessary to provide welfare support for children with disabilities and their families. |
| Article 7 (Deliberation on Welfare Support for Children with Disabilities) |
| Article 8 (Central Support Center for Children with Disabilities) |
| (1) | The Minister of Health and Welfare may establish and operate a central support center for children with disabilities in order to conduct the following affairs: <Amended on Mar. 28, 2023> |
| 1. | Surveys and research on welfare support for children with disabilities; |
| 2. | Evaluation of local support centers for children with disabilities under Article 9 and assistance in operating such centers; |
| 3. | Provision of information and data about policies on welfare support for children with disabilities; |
| 4. | Development of support programs for each type of disability of children with disabilities; |
| 5. | Operational assistance for institutions providing assistance to families under Article 23 (2) and the evaluation of such institutions; |
| 5-2. | Support for operation and evaluation of institutions providing services for care and temporary relaxation under Article 24; |
| 6. | Collection and provision of information about local support centers for children with disabilities, institutions providing welfare support (hereinafter referred to as "welfare support institutions"), and other institutions involved in providing welfare support; |
| 7. | Other affairs the Minister of Health and Welfare deems necessary. |
| (2) | The Minister of Health and Welfare may entrust the operation of the central support center for children with disabilities under paragraph (1) to an institution prescribed by Presidential Decree among public institutions under Article 4 of the Act on the Management of Public Institutions. <Amended on Dec. 29, 2020> |
| (3) | Other matters necessary for the establishment and operation of the central support center for children with disabilities shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 9 (Local Support Centers for Children with Disabilities) |
| (1) | 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 the "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) may establish and operate a local support center for children with disabilities (hereinafter referred to as "local center") in the relevant Special Metropolitan City, Metropolitan City, Special Self-Governing City, Do, Special Self-Governing Province, or Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to perform the following affairs: <Amended on Dec. 29, 2020> |
| 1. | Promotional activities for early detection of disabilities; |
| 2. | Provision of information and data about welfare assistance programs for children with disabilities; |
| 3. | Coordination between welfare support institutions for children with disabilities and their families; |
| 4. | Management of cases of children with disabilities; |
| 5. | Counseling services and education for families to assist children with disabilities and their families; |
| 6. | Other affairs the Mayor/Do Governor or the head of a Si/Gun/Gu entrusts or deems necessary. |
| (2) | The Mayor/Do Governor or the head of a Si/Gun/Gu may establish and operate a local center combining neighboring areas, taking into consideration the size of areas and the number of children with disabilities. <Amended on Dec. 29, 2020> |
| (3) | If necessary to assist a local center in conducting its affairs smoothly, the Mayor/Do Governor or the head of a competent Si/Gun/Gu may subsidize the operating expenses of the local center. <Amended on Dec. 29, 2020> |
| (5) | Other matters necessary for the establishment and operation of local centers shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 10 (Coordination and Cooperation with Relevant Institutions or Organizations) |
| (1) | For the efficient provision of welfare support, local centers shall establish a system for the coordination and cooperation with the following institutions or organizations: <Amended on Jun. 4, 2013; May 18, 2015> |
| 12. | Other institutions or organizations related to welfare support. |
| (2) | For effective provision of welfare support, the Mayor/Do Governor or the head of a relevant Si/Gun/Gu shall endeavor to coordinate and cooperate with local centers and the institutions or organizations under each subparagraph of paragraph (1). <Amended on Dec. 29, 2020> |
| Article 11 (Surveys on Actual Status of Welfare Support for Children with Disabilities) |
| (1) | The Minister of Health and Welfare shall survey the actual status of welfare support for children with disabilities and their families every three years. |
CHAPTER III PROCEDURES FOR SELECTING WELFARE ASSISTANCE RECIPIENTS AND PROVISION OF WELFARE SUPPORT
| Article 12 (Early Detection of Disabilities) |
| (2) | The State and local governments shall inform people of the importance of early detection of disabilities through various media, such as broadcasting, newspapers, and the Internet. |
| Article 13 (Application for Welfare Assistance) |
| (1) | A child with disabilities or his or her protector may file an application for welfare support under this Act with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu: Provided, That childcare assistance under Article 22 shall be governed by Article 34-4 of the Child Care Act. <Amended on Dec. 29, 2020> |
| (2) | A child with disabilities or his or her family members (referring to members of a family defined in subparagraph 7 of Article 2 of the National Basic Living Security Act; hereinafter the same shall apply) shall submit written consent to provide the following data and information, as prescribed by Presidential Decree, when they file an application for welfare support pursuant to paragraph (1): |
| (3) | Matters necessary for the method and procedure for filing an application for welfare support pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (4) | Matters necessary for the method and procedure for providing consent pursuant to paragraph (2) shall be prescribed by Presidential Decree. |
| Article 14 (Selection of Welfare Assistance Recipients) |
| (1) | Upon receipt of an application filed for welfare support pursuant to Article 13 (1), a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu shall examine whether the applicant is eligible for welfare support, considering the income and property of the applicant's family, the degree of disability, particulars of the applicant's family, etc., as prescribed by relevant statutes. <Amended on Dec. 29, 2020> |
| (2) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to select an applicant as a welfare assistance recipient, the details of welfare support, the amount of the welfare assistance voucher, etc. within 30 days and shall notify the applicant for welfare support, of such information immediately. <Amended on Dec. 29, 2020> |
| (3) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall determine whether to select an applicant as a welfare assistance recipient, the details of welfare support, the amount of the welfare assistance voucher, etc. within 30 days and shall immediately inform the applicant for welfare support, of such information. <Amended on Dec. 29, 2020; Jun. 8, 2021> |
| Article 15 (Provision of Financial Information) |
| (6) | No person who is or was engaged in business specified in any provision of paragraphs (1) through (3) shall use financial or other relevant information acquired while performing his or her duty, for any purpose other than purposes under this Act or provide or divulge such information to any other person or institution. |
| (7) | Matters necessary for requesting, providing, etc. financial information or such under paragraphs (1) through (3) and (5) shall be prescribed by Presidential Decree. |
| Article 16 (Referral to Welfare Support Institutions) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall refer a child with disabilities selected as a welfare assistance recipient and his or her family to a welfare support institution. Referral to a welfare support institution in such cases may be entrusted to a local center established pursuant to Article 9. <Amended on Dec. 29, 2020> |
| (2) | When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu refers a welfare assistance recipient to a welfare support institution, he or she shall provide the welfare assistance recipient with relevant information about hours during which welfare support is provided, the method of welfare support, the allocation of expenses, etc. <Amended on Dec. 29, 2020> |
| (3) | Matters necessary for referral of a welfare assistance recipient to a welfare support institution shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 17 (Formulation of Individual Support Plans) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may formulate an individual support plan in order to provide welfare support appropriate for each child with disabilities. In such cases, the formulation of such plan may be entrusted to a local center under Article 9. <Amended on Dec. 29, 2020> |
| (2) | When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu intends to formulate an individual support plan, he or she may seek advice from protectors, personnel who provide welfare support, welfare-related experts, etc. <Amended on Dec. 29, 2020> |
| (3) | Matters necessary to formulate and implement an individual support plan pursuant to paragraphs (1) and (2) and to seek advice on such plan shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 18 (Protection of Individual Information about Children with Disabilities and Their Families) |
| (1) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a Si/Gun/Gu, and the head of an institution to which affairs are entrusted pursuant to Article 16 (1) or 17 (1) shall take measures necessary to prevent personal information from being lost, stolen, leaked, altered, or damaged while collecting and managing information about children with disabilities and their families. <Amended on Dec. 29, 2020> |
| (2) | No person who is or was engaged in providing welfare support shall divulge personal information learned by such person about a child with disabilities and/or his or her family in the course of performing such person's duty, without consent from the protector of such child, process such information without any authority, provide such information to another person to use it, or use such information for an unlawful purpose. |
CHAPTER IV DETAILS OF WELFARE SUPPORT
| Article 19 (Medical Subsidies) |
| (1) | The State and local governments may provide children with disabilities with medical subsidies so that they are able to meet their medical needs. |
| (2) | Any medical subsidies under paragraph (1) shall be provided by subsidizing a child with disabilities for an amount charged on the child with disabilities, among expenses incurred in medical services provided pursuant to the National Health Insurance Act and the Medical Care Assistance Act. |
| Article 20 (Provision of Assistive Devices) |
| (1) | The State and local governments may provide, lend, or repair assistive devices necessary for the activities of children with disabilities to learn and for their daily life or may subsidize expenses incurred by children with disabilities in purchasing or repairing such devices. |
| Article 21 (Developmental Rehabilitation Services) |
| (1) | The State and local governments may provide developmental rehabilitation services appropriate for improving cognitive, communication functions of children with disabilities, their adaptive behavior, perception, motion, and for ensuring behavioral development (hereinafter referred to as "developmental rehabilitation services"). |
| (2) | When it is intended to provide developmental rehabilitation services under paragraph (1), the type of disability of the relevant child with disabilities, the degree of his or her disability, the economic capacity of his or her family, and other relevant factors may be taken into consideration in determining the eligibility for developmental rehabilitation services and the scope of such services. |
| (3) | The period during which developmental rehabilitation services are provided under paragraph (1) shall be from the month immediately following the month in which a child with disabilities is selected as a person eligible for developmental rehabilitation services to the month in which such child turns 18 years of age: Provided, That where the relevant child with disabilities attends a school prescribed in Article 2 of the Elementary and Secondary Education Act, said period shall be extended to the month in which he or she turns 20 years of age. <Newly Inserted on Jun. 8, 2021> |
| (4) | A local government may designate and operate an institution responsible for providing developmental rehabilitation services (hereinafter referred to as "institution providing developmental rehabilitation services"), taking into consideration the institution's experience and expertise in providing developmental rehabilitation services, the appropriateness of the services provided, etc. <Amended on Jun. 8, 2021> |
| (5) | To provide developmental rehabilitation services appropriate for children with disabilities, an institution providing developmental rehabilitation services shall formulate and implement a plan for providing developmental rehabilitation services. <Amended on Jun. 8, 2021> |
| (6) | If an institution providing developmental rehabilitation services falls under any of the following subparagraphs, the head of a competent local government may revoke the designation of such institution: <Amended on Jun. 8, 2021; Mar. 28, 2023> |
| 1. | If the institution has been designated by fraud or other improper means; |
| 2. | If the institution fails to meet the original terms and conditions of designation; |
| 3. | If the institution breaches its duty to provide information under Article 33. |
| 4. | If the head or an employee of an institution providing developmental rehabilitation services is punished pursuant to Article 87-2 (2) of the Medical Service Act for performing unlicensed medical practice on a child with disabilities who is provided with developmental rehabilitation services, in violation of Article 27 (1) of that Act: Provided, That this shall not apply where the head or the employee of the institution providing developmental rehabilitation services has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such acts. |
| (7) | Matters necessary for the standards, methods, etc. for providing developmental rehabilitation services under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 8, 2021> |
| (8) | Matters necessary for the standards and procedures for the designation of institutions providing developmental rehabilitation services under paragraphs (4) through (6), the revocation of such designation, the period of validity of designation, and the operation, etc. of such institutions shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Jun. 8, 2021> |
| Article 21-2 (Grounds for Disqualification of Heads and Employees of Institutions Providing Developmental Rehabilitation Services) |
None of the following persons shall operate an institution providing developmental rehabilitation services or be employed as a worker of such institution:
| 1. | A minor or a person under adult guardianship; |
| 3. | A person for whom five years (or 10 years if he or she has committed a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act) have not elapsed since his or her imprisonment without labor or a heavier punishment declared by a court was completely executed (including where such execution is deemed completed) or exempted; |
| 4. | A person who is under suspension of the execution of his or her imprisonment without labor or a heavier punishment declared by a court: Provided, That where the person received suspended execution of the sentence of imprisonment without labor or a heavier punishment for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act, it refers to a person for whom 10 years have not elapsed since such suspended sentence became final and conclusive; |
| 5. | A person for whom two years have not elapsed since a fine of at least three million won was imposed upon him or her under Article 39 or a person for whom five years have not elapsed since a fine was imposed upon him or her for a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act. |
[This Article Newly Inserted on Mar. 28, 2023]
| Article 22 (Childcare Assistance) |
| (1) | The State and local governments shall subsidize children with disabilities eligible for the use of child care centers defined in Article 27 of the Child Care Act (hereinafter referred to as "infants and children with disabilities") for nursery fees, etc. pursuant to Article 34 of the same Act. <Amended on Jan. 23, 2013> |
| (3) | A child care center for infants and children with disabilities defined in Article 32 shall formulate and implement a nursing plan for provision of systematic childcare to infants and children with disabilities and their smooth entrance to school and shall place special teachers and infant care teachers for infants and children with disabilities, who have qualifications prescribed by Presidential Decree. |
| (4) | The qualification and placement of special teachers and infant care teachers for infants and children with disabilities provided in paragraph (2) shall be implemented on a gradual basis, as prescribed by Presidential Decree, taking into consideration the financial situation of the State and each local government and the supply and demand status for teachers. |
| Article 23 (Family Assistance) |
| (1) | The State and local governments may provide the families of children with disabilities with family assistance, such as counseling services and assistance, so that they can learn methods suitable for nurturing children with disabilities and increase their capabilities as a family. |
| (2) | A local government may entrust affairs of family assistance under paragraph (1) to a non-profit corporation, and, if necessary, may subsidize it for expenses incurred therein, within budgetary limits. |
| Article 24 (Provision of Services for Care and Temporary Relaxation) |
| (1) | The State and local governments may provide the families of children with disabilities with services for care and temporary relaxation in order to relieve the families of children with disabilities from the day-to-day burden of childcare and assist protectors to continue their social activities in normal circumstances. |
| (2) | When it is intended to provide welfare support pursuant to paragraph (1), the type and degree of disability of the relevant child with disabilities, the family's economic capacity for such child, and other relevant factors may be taken into consideration in determining a prospective recipient for welfare support and the scope of welfare support. |
| (3) | Matters necessary for the eligibility for welfare support provided pursuant to paragraphs (1) and (2), and the guidelines and method for providing such welfare support shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 24-2 (Qualifications of Caregiver for Children with Disabilities) |
A person who provides care services for children with disabilities pursuant to Article 24 (1) (hereinafter referred to as "caregiver for children with disabilities") shall complete educational courses determined by the Minister of Health and Welfare or meet certain qualifications. [This Article Newly Inserted on Mar. 28, 2023]
| Article 24-3 (Grounds for Disqualification of Caregivers for Children with Disabilities) |
None of the following persons may act as a caregiver for a child with disabilities:
| 1. | A minor or a person under adult guardianship, or a person under limited guardianship; |
| 4. | A person for whom two years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court was completely executed (including where the punishment is deemed completely executed) or exempted; |
| 5. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court; |
| 7. | A person for whom 10 years have not elapsed since his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act was completely executed or exempted; |
| 8. | A person for whom 10 years have not elapsed since he or she received suspended execution of his or her imprisonment without labor or heavier punishment declared by a court for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and the suspension of execution became final; |
| 9. | A person for whom five years have not elapsed since he or she was sentenced to the punishment of a fine for committing a child abuse-related crime defined in subparagraph 7-2 of Article 3 of the Child Welfare Act and such sentence became final; |
| 10. | A person for whom two years have not elapsed since his or her qualification was revoked for falling under Article 24-4 (2) 2 through 6. |
[This Article Newly Inserted on Mar. 28, 2023]
| Article 24-4 (Suspension or Revocation of Qualification as Caregivers for Children with Disabilities) |
| (1) | If a caregiver for a child with disabilities falls under any of the following, a Mayor/Do Governor may suspend his or her qualification as a caregiver for a child with disabilities for up to one year, as prescribed by Ordinance of the Ministry of Health and Welfare: |
| 1. | Where he or she has committed at least one of the following acts: |
| (a) | Assaulting or injuring a child with disabilities; |
| (b) | Insulting or threatening a child with disabilities; |
| (c) | Abandonment of a child with disabilities or neglect of basic care of a child with disabilities such as food, shelter, and clothing; |
| (d) | Commitment of unlawful acts, such as theft in the residence of a child with disabilities; |
| 2. | Where the caregiver for a child with disabilities causes bodily injury or property damage to the child or his or her protector by intention or gross negligence while performing his or her duties; |
| 3. | Where he or she intermediates, induces, or encourages a protector to provide unnecessary services for profit-making purposes; |
| 4. | Where he or she receives child care expenses by fraud or other improper means. |
| (2) | If a caregiver for a child with disabilities falls under any of the following, a Mayor/Do Governor shall revoke his or her qualification as a caregiver for a child with disabilities: |
| 2. | Where he or she becomes qualified by fraud or other improper means; |
| 5. | Where he or she was subject to the disposition of suspension of qualification under paragraph (1) on at least three occasions; |
| 6. | Where he or She acts as a caregiver for a child with disabilities during the period of suspension of qualification under paragraph (1). |
[This Article Newly Inserted on Mar. 28, 2023]
| Article 24-5 (Prohibition of Title Lending) |
| (1) | No caregiver for children with disabilities shall allow another person to perform the duties of a caregiver for children with disabilities in his or her name or lend his or her certificate of completion to another person. |
| (2) | Any person who is not a caregiver for a child with disabilities shall use the name "caregiver for a child with disabilities" or any other name similar thereto. |
[This Article Newly Inserted on Mar. 28, 2023]
| Article 25 (Provision of Services for Adaptation to Community) |
The State and local governments shall endeavor to provide children with disabilities with services for adapting to their community, such as services for housing and practicing jobs, after they attain 18 years of age or graduate from a high school defined in Article 2 of the Elementary and Secondary Education Act or an equivalent school or special department defined in Article 24 of the Act on Special Education for the Persons with Disabilities.
| Article 26 (Welfare Support for Culture and Art) |
In addition to welfare support specified in this Act, the State and local governments shall endeavor to provide as much necessary services to children with disabilities as possible in the areas of culture, art, sports, education, housing, etc.
| Article 26-2 (Foster Care Assistance) |
The State and local governments shall formulate necessary policies, such as those for identifying families intending to provide foster care for children with disabilities subject to protection, assistance for children with disabilities subject to foster care protection and for parents of foster care homes to promote foster care (referring to foster care defined in subparagraph 6 of Article 3 of the Child Welfare Act; hereafter in this Article the same shall apply) for children with disabilities subject to protection (referring to children with disabilities falling under subparagraph 4 of Article 3 of that Act; hereafter in this Article the same shall apply). [This Article Newly Inserted on Aug. 17, 2021]
| Article 27 (Top Priority Given to Provide Welfare Support for Disadvantaged Families) |
The State and local governments may give top priority to provide children with disabilities who fall under any of the following subparagraphs, and their families (hereinafter referred to as "disadvantaged families"), with welfare support under this Act: Provided, That childcare assistance under Article 22 shall be governed by Article 28 of the Child Care Act: | 2. | If a family has two or more children with disabilities; |
| 4. | If a child with disabilities lives separately from his or her parents and his or her grandfather or grandmother is the head of his or her family or actually supports his or her family members; |
| 7. | If the Minister of Health and Welfare finds it necessary to provide support preferentially on any other ground. |
| Article 28 (Provision of Welfare Support) |
| (1) | Welfare support under this Act shall be provided to each child with disabilities and his or her family in cash or in kind, according to the purpose of welfare support with regard to each individual case. In such cases, welfare assistance vouchers may be provided instead of welfare support in kind. |
| (2) | The method for providing welfare support and matters necessary for managing welfare support shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 29 (Recovery of Expenses of Welfare Support) |
| (1) | If a person to whom welfare support under this Act is provided falls under any of the following subparagraphs, the State or a local government may fully or partially recover expenses thereof: |
| 1. | If a person is provided with welfare support by fraud or other improper means; |
| 2. | If it is discovered that welfare support has been mistakenly provided; |
| 3. | If the ground for welfare support already provided becomes invalid retroactively after welfare support under this Act was provided. |
| (2) | If a person who shall return expenses pursuant to paragraph (1) fails to do so, such expenses shall be recovered in the same manner as delinquent national or local taxes are collected. |
CHAPTER V WELFARE SUPPORT INSTITUTIONS
| Article 30 (Welfare Support Institutions) |
An institution or organization that falls under any of the following subparagraphs may provide children with disabilities with necessary welfare support: <Amended on Jun. 8, 2021; Mar. 28, 2023>
| 3. | A healthy home support center under Article 35 of the Framework Act on Healthy Homes; |
| 4. | An institution providing developmental rehabilitation services under Article 21 (4); |
| 5. | An institution providing assistance to families under Article 23; |
| 5-2. | An institution providing services for care and temporary relaxation under Article 24; |
| 6. | A child care center for infants and children with disabilities under Article 32; |
| 7. | Other institution or organization that the Minister of Health and Welfare or the head of a local government deems necessary. |
| Article 31 (Duties of Welfare Support Institutions) |
| (1) | A welfare support institution shall plan and implement programs suitable for the age and type of disability of each child with disabilities. |
| (2) | When the head of a welfare support institution is requested by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, the head of a competent Si/Gun/Gu, or a local center to provide welfare support, he or she shall provide, without delay, welfare support, unless there is a compelling reason not to do so. <Amended on Dec. 29, 2020> |
| (3) | A welfare support institution shall furnish a relevant local center under Article 9 with information related to welfare support under this Act in detail, including information about facilities and human resources. |
| (4) | Matters necessary for the scope of information to be provided pursuant to paragraph (3) and the method for providing such information shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (5) | A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may subsidize expenses incurred by a welfare support institution in establishing and operating the institution. <Amended on Dec. 29, 2020> |
| Article 32 (Child Care Center for Infants with Disabilities) |
| (1) | The State and local governments shall endeavor to secure child care centers for infants and children with disabilities, ensuring that such schools are proportionately distributed to each region. |
| (2) | When a child care center under Article 10 of the Child Care Act satisfies the following requirements and files an application for designation, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu may designate the applicant as a child care center for infants and children with disabilities: <Amended on Dec. 29, 2020> |
| 2. | The applicant shall install convenience facilities under the Act on Guarantee of Promotion of Convenience of Persons with Disabilities, Senior Citizens, Pregnant Women and Nursing Mothers; |
| 3. | The applicant shall satisfy the standards for facilities prescribed by Ordinance of the Ministry of Health and Welfare. |
| (3) | The head of a child care center designated pursuant to paragraph (2) shall submit a business plan every year for running such child care center to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu. <Amended on Dec. 29, 2020> |
| (4) | If a child care center designated pursuant to paragraph (2) falls under any of the following subparagraphs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu may revoke designation: Provided, That if such child care center falls under subparagraph 1, the designation shall be revoked: <Amended on Dec. 29, 2020> |
| 1. | If a child care center is designated pursuant to paragraph (2) of an exemplary business entity by fraud or other improper means; |
| 2. | If a ground for designation under paragraph (2) becomes invalid retroactively; |
| 3. | If a nursery school is designated erroneously by mistake; |
| 4. | If a nursery school fails to satisfy the requirements specified in any subparagraph of paragraph (2); |
| 5. | If a nursery school commits fraud or other misconduct to obtain childcare assistance under Article 22; |
| 6. | If a nursery school fails to satisfy the standards for the placement of special teachers under Article 22 (3) and infant care teachers for infants and children with disabilities; |
| 7. | If a nursery school commits fraud or other misconduct to obtain a subsidy for expenses incurred in the establishment and operation under Article 31 (5); |
| 9. | If the head of a child care center falls under any subparagraph of Article 39 (1) and is sentenced to imprisonment without labor or greater punishment. |
| (5) | Article 43 of the Child Care Act shall apply mutatis mutandis to permanent or temporary closure or reopening of a child care center designated pursuant to paragraph (2). |
| (6) | Except as under this Act, child care centers designated pursuant to paragraph (2) shall be governed by the Child Care Act. |
| (7) | Subcategories of child care centers designated pursuant to paragraph (2), according to their characteristics, such as main users, functions, and locations, shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| (8) | The method and procedure for the designation and the revocation of designation under paragraphs (2) and (4) and other matters necessary for the operation of child care centers for infants and children with disabilities shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
| Article 33 (Provision of Information by Institutions Providing Developmental Rehabilitation Services) |
| (1) | The head of an institution providing developmental rehabilitation services shall furnish the following persons with information that affects the quality of such services, including the titles of qualifications held by personnel who provide such services, the institutions that issue such qualification, the requirements for acquiring such qualifications, and the career experience of such personnel: <Amended on Dec. 29, 2020> |
| 1. | A competent Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu; |
| 2. | The head of a local center under Article 9; |
| 3. | A child with disabilities who intends to obtain developmental rehabilitation services and his or her protector. |
| (2) | When the head of an institution providing developmental rehabilitation services intends to provide information pursuant to paragraph (1), before providing such information, he or she shall take reasonable care to verify whether such information is accurate. |
| (3) | If it is found that information provided pursuant to paragraph (1) is inaccurate, the head of the relevant institution providing developmental rehabilitation services shall prove that he or she was not aware of the fact. |
| (4) | The head of a central support center for children with disabilities under Article 8 may utilize and obtain information under paragraph (1) through a local center for purposes of research on and analysis of the efficient provision of welfare support for children with disabilities. |
| (5) | Matters necessary for providing information pursuant to the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 34 (Guidance and Supervision) |
The Minister of Health and Welfare, the Mayor/Do Governor, or the head of a Si/Gun/Gu may instruct and supervise welfare support institutions and local centers as necessary to facilitate providing welfare support. <Amended on Dec. 29, 2020>
| Article 35 (Reporting and Inspections) |
| (1) | The Minister of Health and Welfare, a Mayor/Do Governor, or the head of a Si/Gun/Gu may require a person who operates a welfare support institution or local center to submit data about its facilities or a report as necessary and may authorize relevant public officials to investigate the current status of operation of its facilities or inspect books of account and other documents. |
| (2) | When a public official performs his or her duty pursuant to paragraph (1), he or she shall carry a certificate indicating his or her authority along with documents specifying the duration and scope of investigation, investigator-in-charge, applicable statutes, and other matters as prescribed by Ordinance of the Ministry of Health and Welfare, and shall present them to interested persons. <Amended on Feb. 3, 2016> |
| Article 35-2 (Cooperation in Business Affairs among Relevant Agencies) |
| (1) | A Mayor/Do Governor or the head of a Si/Gun/Gu may request the head of a relevant agency to inquire into criminal history records, etc. to verify the grounds for disqualification under Article 21-2 or 24-3. |
| (2) | Upon receiving a request under paragraph (1), the head of a relevant agency shall not refuse such request without good cause. |
[This Article Newly Inserted on Mar. 28, 2023]
When the head of a local government intends to take an administrative disposition pursuant to Article 21 (6), 24-4, or 32 (4), he or she shall hold a hearing. <Amended on Jun. 8, 2021; Mar. 28, 2023>
| Article 37 (Delegation and Entrustment) |
| (1) | The Minister of Health and Welfare or a Mayor/Do Governor may delegate part of his or her authority bestowed by this Act to a Mayor/Do Governor or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Health and Welfare may entrust part of affairs assigned to him or her under this Act to a legal entity or organization, as prescribed by Presidential Decree. |
| (1) | A person who has an objection to a determination on the selection of a welfare assistance recipient or on details of welfare support under Article 14 or any other disposition made pursuant to this Act may file an objection with a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a competent Si/Gun/Gu. <Amended on Dec. 29, 2020> |
| (2) | An objection under paragraph (1) may be filed in writing within 90 days from the date on which the petitioner becomes aware of the relevant disposition: Provided, That if a petitioner proves that he or she is unable to file a written objection due to good cause, a written objection may be filed within 60 days from the date on which such ground does not exist. |
| (3) | If a written objection is filed pursuant to paragraph (1), opportunities to make statements shall be provided to the petitioner or his or her representative: Provided, That the foregoing shall not apply where the petitioner or his or her representative fails to make an appearance without justification or it is impractical to provide opportunities to make statements because there is no address known. |
| (4) | Matters necessary for the method and procedure for filing a petition for objection under the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. |
CHAPTER VII PENALTY PROVISIONS
| Article 39 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won: <Amended on Dec. 2, 2016> |
| 1. | A person who obtains a subsidy for the establishment and operation of a welfare support institution by fraud or other improper means or a person who misuses such subsidy; |
| 2. | A person who divulges personal information of a child with disabilities and his or her family, processes such information without authority, provides such information to another person for use, or otherwise uses such information for unreasonable purposes in violation of Article 18 (2). |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Dec. 2, 2016> |
| 1. | A person who obtains, or causes other persons to obtain, welfare support by fraud or other improper means; |
| 2. | A person who illegally uses a welfare assistance voucher; |
| 3. | A person who obtains designation as a child care center pursuant to Article 32 (2) by fraud or other improper means; |
| 4. | The head of an institution providing developmental rehabilitation services who provides false information intentionally, in providing any information under Article 33. |
| Article 40 (Joint Penalty Provisions) |
If the representative of a juristic person, or an agent, employee, or any other employed person of a juristic person or individual violates Article 39 in connection with the business affairs of the juristic person or individual, such juristic person or individual shall be punished, and the juristic person or the individual shall also be punished by a fine under the relevant provisions: Provided, That the same shall not apply where the juristic person or individual is not negligent in paying due attention to or providing supervision of the relevant duties in order to prevent such violation.
| Article 41 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Mar. 28, 2023> |
| 2. | A person who refuses to submit data or report under Article 35 (1) without good cause, or submits false data or report, or refuses, interferes with, obstructs, or evades an investigation or inspection without good cause. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, the competent Mayor/Do Governor, or the head of the competent Si/Gun/Gu. |
ADDENDA <Act No. 11009, Aug. 4, 2011>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force one year after the date of its promulgation. |
| (2) | Notwithstanding paragraph (1), provisions regarding the establishment and operation of a central support center for children with disabilities under Article 8 and local centers under Article 9 shall enter into force on January 1, 2013. |
Article 2 (Implementation of Pilot Projects)
| (1) | To facilitate enforcement of this Act, the Minister of Health and Welfare may implement pilot projects for the establishment and operation of local centers under Article 9 before this Act enters into force. |
| (2) | The procedure for the establishment and implementation of plans for implementing pilot projects under paragraph (1) shall be determined by the Minister of Health and Welfare. |
Article 3 (Transitional Measure concerning Qualification of Special Teachers in Child Care Centers and Infant Care Teachers for Infants and Children with Disabilities)
Special teachers placed at a child care center and infant care teachers in charge of children with disabilities under Article 10 of the Enforcement Rule of the Child Care Act at the time this Act enters into force shall be deemed to satisfy the standards for qualification of special teachers under Article 22 (4) and infant care teachers for infants and children with disabilities respectively, as prescribed by Presidential Decree. Article 4 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDA <Act No. 11627, Jan. 23, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on March 1, 2013.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 11858, Jun. 4, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Act No. 13323, May 18, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 14004, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14332, Dec. 2, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 17789, Dec. 29, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 18218, Jun. 8, 2021>
ADDENDUM <Act No. 18416, Aug. 17, 2021>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 19300, Mar. 28, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Grounds for Disqualification of Heads and Employees of Institutions Providing Developmental Rehabilitation Services)
The amended provisions of Article 21-2 shall begin to apply to persons who become the head of an institution providing developmental rehabilitation services and persons hired as employees of an institution providing developmental rehabilitation services after this Act enters into force. Article 3 (Applicability to Qualifications for, and Grounds for Disqualification of, Caregivers for Children with Disabilities)
The qualifications of caregivers for children with disabilities under the amended provisions of Article 24-2 and the amended provisions of Article 24-3 shall begin to apply to persons employed as caregivers for children with disabilities after this Act enters into force. Article 4 (Transitional Measures concerning Caregivers for Children with Disabilities)
| (1) | A person who becomes qualified as a caregiver for children with disabilities pursuant to the previous provisions as at the time this Act enters into force shall be deemed a caregiver for children with disabilities under this Act. |
| (2) | A person whose activities as a caregiver for children with disabilities have been suspended or whose qualification has been revoked pursuant to the previous provisions as at the time this Act enters into force shall be deemed a person whose qualification as a caregiver for children with disabilities has been suspended or revoked pursuant to this Act. |