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Since 2000, the Disability Rights Education and Defense Fund has collected country-based laws that protect the rights of individuals with disabilities. DREDF is providing this collection of laws and summaries in order to foster sharing of information and encourage the international dialogue on disability anti-discrimination. We have made every effort to collect up-to-date and accurate information based on existing written and Internet sources, but we make no guarantee, undertaking or warranty regarding the accuracy, completeness or currency of the materials published herein. In all cases, users are referred to official legislative and parliamentary publications for the original legal texts and language. Go to the complete collection.

 


 

ACT RELATING TO EMPLOYMENT PROMOTION, ETC. OF THE HANDICAPPED
LAW No.4219, JAN. 13, 1990
CHAPTER I.
GENERAL PROVISIONS
Article 1
(Purpose)
The purpose of this Act is to strive for the employment promotion, vocational rehabilitation and employment security of the handicapped in order that they may live a decent life through working life suited to their ability.
Article 2 (Definitions)
1.

2.
The terms used in this Act shall be defined as follows:
3.
"The handicapped" means those who because of physical or mental handicap, are subject to considerable restriction in their working life for a long time, as more fully defined in the Presidential Decree;

"Vocational rehabilitation" means to strive for self-support of the handicapped in working life through taking measures for them provided in this Act, such as vocational guidance, vocational training, employment exchange and others;

"Employer" means a person who carries on a business using workers; and

"Worker" means a person as prescribed in Article 14 of the Labour Standards Act.
4.
Article 3 (Duties of the State and Local Governments)
The State and local governments shall, together with enlightening the people in general including employers on the employment of the handicapped endeavour synthetically and effectively to promote the measures necessary for striving for the employment security and




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Republic of Korea
promotion of the handicapped such as taking measures to aid employers, the handicapped and others concerned, and particular measures of vocational rehabilitation deemed appropriate for the handicapped.
Article 4
(Duties of Employers)
1. Employers shall, with respect to employment of the handicapped, cooperate with the measures of the State, offer them employment opportunities with appreciation of the handicapped and carry out proper employment management.

2. Employers shall not discriminate against workers by physical or mental handicap with regard to personnel management of employ-ment, promotion, transfer to another position, education and training, etc.
Article 5
(Self-Support Efforts of the Handicapped)
Workers who are the handicapped shall exert themselves for self-support as capable workers through being aware of themselves as working persons and by voluntarily striving for the development and improvement of their capabilities.
Article 6 (Basic Plan, etc. for Promoting Employment
of the Handicapped)

(1) The Minister of Labour shall establish the plan for promoting employment of the handicapped.

(2) The following matters shall be covered in the basic plan men-tioned in Paragraph (1 ):

1. Matters concerning promoting employment of the handi-capped and employment promotion fund for the handicapped;

2. Matters concerning vocational rehabilitation of the handicapped;

3. Matters concerning establishment, operation and support of the facilities for the handicapped; and

4. Other matters approved by the Minister of Labour necessary for promoting employment of the handicapped.

(3) In order to deliberate important matters concerning basic plan of Paragraph (1) and employment promotion of the handicapped, the Employment Promotion of the Handicapped Committee (hereinafter referred as "Committee") shall be established in the Ministry of Labour.

(4) The Committee shall establish not exceeding five full-time re-searchers in order to investigate and study special matters con-cerning employment promotion of the handicapped.



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(5) Among the Committee, members not less than one-third shall be the handicapped.

(6) The matters necessary for the organization, function, researchers and operation of the Committee shall be determined by the Presidential Decree.
Article 7 (Vocational Guidance, etc. for the Handicapped)


(1) The Minister of Labour shall, to enable the handicapped to obtain jobs suitable for their ability, give them vocational guidance such as carrying out aptitude tests and furnishing employment informa-tion, etc.

(2) If it, technical knowledge and technique, is deemed specially necessary for the vocational guidance under Paragraph (1), the Minister of Labour may request a professional institute concerned to carry out vocational guidance.
Article 8
(Vocational Training, etc. for the Handicapped)
(1)
The Minister of Labour shall endeavour to promote measures of vocational training for promoting employment of the handicapped.

The Minister of Labour shall, when deemed necessary, carry out the adjustment training for handicapped job applicants for the purpose of enabling them to adapt more readily to working environment suitable for their ability and in such cases training allowances may be supplied to the handicapped undergoing adjustment training.

The matters necessary for the institutes conducting vocational and adjustment training, and others shall be determined by the Presidential Decree.
(2)
(3)
Article 9 (Adjustment Guidance after Employment)

If it is deemed necessary for the employment security of the handicapped, the Minister of Labour shall also give handicapped workers guidance after employment to adjust themselves to working environment.
Article 10 (Supply of Information to Employers)

The Minister of Labour shall provide employers who are employ-ing or intend to employ the handicapped information on employment matters such as physical and mental conditions, vocational ability, etc. of the handicapped.



Article 11
(Employment Guidance to Employers)
If it is deemed necessary for the employers who are employing or intend to employ the handicapped, the Minister of Labour shall give them technical guidance concerning matters of employment, placement, work aids, work equipment, working environment and other employment management of the handicapped.
Article 12
CHAPTER II.
EMPLOYMENT PROMOTION
AGENCY FOR
THE HANDICAPPED
(Establishment of the Agency)
(1) The Employment Promotion Agency for the Handicapped {herein-after referred to as "Agency") shall be established for the purposes of enabling the handicapped to become self-supporting through working life and of carrying out the service relating to employ-ment promotion effectively.

(2) The Agency shall carry out the services under any of the following Subparagraphs:

1. Collecting, analysis and offer of employment information and placement services for the handicapped;

2. Surveys and research concerning employment promotion and vocational rehabilitation of the handicapped;

3. Adjustment training for the handicapped and cultivation and training for the handicapped's working life counsellor;

4. Guidance and aid concerning technical matters relating to vocational rehabilitation and employment management of the handicapped for the employers and organs concerned;

5. Aptitude tests, vocational guidance, evaluation and education of knowledge and skill, etc. necessary for the occupation of the handicapped;

6. Operation of the vocational training institute and the standard workplace for the handicapped;

7. Publicity and education for employment promotion of the handicapped and services concerned such as skill contest of the handicapped, etc.;



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8. Other services necessary for employment promotion of the handicapped and delegated by the Minister of Labour or the head of the central administrative agency; and

9. Services accompanied by the services of Subparagraphs (1)-(8).
(3) The Agency shall, to provide the necessary services for pro-moting employment of the handicapped and improving their working life, assign the handicapped's working life counsellor possessing the qualification provided by the Ordinance of the Ministry of Labour.
Article 13
(Juridical Personality)
The Agency shall be a juridical person.
Article 14
(Office)
(1) The location of the principal office of the Agency shall be set by the Articles of the Agency.

(2) The Agency may establish branch offices at locations where deemed necessary after obtaining approval of the Minister of Labour.
Article 15
(Registration of Establishment)
(1) The Agency shall be established upon registration at the place of principal office.

(2) The registration of establishment under the provision of Paragraph (1), establishment and transfer of branch offices and other necessary matters relating to registration shall be prescribed by the Presidential Decree.
Article 16 (Articles of the Agency)

(1) The following matters shall be stated in the Articles of the Agency:
1. Purpose;

2. Name;

3. Matters concerning principal and branch offices and affiliated
organizations under the provision of Article 24;

4. Matters concerning business;

5. Matters concerning property and accounts;

6. Matters concerning executive and employees;



7. Matters concerning the board of directors;

8. Matters concerning modification of the Articles of the Agency;

9. Matters concerning public notices;

10. Matters concerning enactment, revision and abrogation of internal regulations; and

11. Matters concerning dissolution.

(2) The Articles of the Agency shall be subject to approval of the Minister of Labour. The same applies to amendment thereof.
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Article 17
(Appointment and Dismissal of Officers)
(1) The Agency shall set up within it one auditor and not less than ten no more than fifteen directors including one executive director.
(2) The Executive Director, five directors and the auditor shall be full-time officers.

(3) The President shall appoint and dismiss the Executive Director upon the recommendation of the Minister of Labour and the Minister of Labour shall appoint and dismiss directors upon the recommendation of the Executive Director, excepting legal counsel directors specified by the Presidential Decree.

(4) Among both in full-time and part-time directors, one third or more of each class of directors, shall consist of handicapped persons.

(5) The Minister of Labour shall appoint and dismiss the auditor.
Article 18
(Term of office of Officers)
The terms of office of the Executive Director and directors shall be up to three years, the term of office of the auditor shall be up to two years and the officers may be reappointed. However, the term of office of legal counsel directors shall be during their tenure as legal officials.
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Article 19
(Duties of Officers)
(1) The Executive Director shall represent the Agency and preside over the business thereof.

(2) Directors who are in full-time service shall, pursuant to the Articles of the Agency, take partial charge of the business of the Agency and perform their duties, as set forth by the Articles of the Agency, as a representative of the Executive Director if he is in trouble.

(3) The auditor shall inspect the business and audit financial accounts of the Agency.



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Article 20 (Disqualifications of Officers)
Persons who fall under either of the following Subparagraphs shall not be qualified to be officers of the Agency:
1. Those who are not Korean nationals; and

2. Those who fall under each Subparagraph of Article 33 of the Government Officials Act.
Article 21
(Prohibition on Concurrent Offices)
Neither the Executive Director, full-time directors nor the auditor shall hold another Office concurrently without the approval by the Minister of Labour.
Article 22
(Board of Directors)
(1) The Agency shall, for the purpose of deliberating on and deciding important matters concerning its business, have a board of direc-tors consisting of the Executive Director and the directors.

(2) The Executive Director shall convoke a board of directors and shall preside at the meeting.

(3) A decision of the board of directors shall be made by an affirmative vote of the majority of the members presenting with the presence of the majority of all member of the board.

(4) The auditor may attend at the meetings and state his opinions.

(5) Matters concerning meetings shall be set forth in the Artjcles of the Agency.
Article 23
(Appointment and Dismissal of Personnel)
The Executive Director shall appoint and dismiss the personnel of Agency as authorized in the Articles of the Agency.
Article 24
(Affiliated Organizations)
(1) The Agency may, if necessary, set up affiliated organizations to carry out effectively the services provided in Paragraph (2) of Article 12 with the approval of the Minister of Labour.

(2) The Executive Director of the Agency shall manage and supervise the Agency.

(3) Necessary matters concerning the establishment and management, etc. of the affiliated organizations shall be provided in the Articles of the Agency.



Article 25
(Free Loan of National Properties, etc.)
The Government may, in case of need, loan the national properties and commodities free of charge to establish and manage the Agency under the provisions of the National Property Act and the Commodities Administration Act.
Article 26
(Borrowing the Money)
The Agency may, when deemed necessary, borrow money (in-cluding loans from international organizations, foreign nations and foreigners) to carry out the services provided in Paragraph (2) of Article 12 with the approval of Minister of Labour.
Article 27
(Audit of the Agency)
(1) The business year of the Agency shall be the same as the fiscal year of the Government.

(2) The regulations of finance of Agency shall be obtained the approval by the Minister of Labour.
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Article 28
(Approval of the Business Programme, etc.)
The Agency shall, in working out its business programme, for each annual budget, obtain the approval of the Minister of Labour pursuant to the Presidential Decree. The same applies to amendments thereof.
Article 29 (Submission of Balance Sheets)
The Agency shall, upon completing its balance sheets of revenue and expenditure each fiscal year and obtaining an audit by a certified public accountant designated by the Minister of Labour, submit the audited financial statement to the Minister of Labour by the last day of February in the next year.
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Article 30 (Disposal of Surplus Cash)

The Agency shall, in any fiscal year when any profit remains in the accounts after settling losses carried forward, retain the residue of the surplus as income of the Fund.
Article 31
(Guidance and Supervision over the Business)
(1) The Minister of Labour shall guide and supervise the business of the Agency.



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(2) The Minister of Labour may require the Agency to report the necessary matters concerning the business, accounts and property or, to take other necessary measures.
Article 32 (Prohibition of Use of Similar Name)
Those who are not the Agency shall not use the name "Korea Employment Promotion Agency for the Handicapped" or similar names.
Article 33
(To Apply Mutatis Mutandis of the Civil Code)
The provisions concerning foundations established under the Civil Code shall be applicable mutatis mutandis to the Agency, except as otherwise provided in this Act.
CHAPTER III.
EMPLOYMENT PROMOTION OF THE HANDICAPPED
Article 34
(Obligation of the State and Local Governments for Employment of the Handicapped)
(1) The State and local governments shall endeavour to employ the handicapped in numbers not less than 2 per cent of the total number of their regular personnel.

(2) Every examiner shall ho1d examinations so that the handicapped totalling not less than 2 per cent of openly-employed personnel can be employed.

(3) Paragraphs (1) and (2) may not be applied to those fields, types, and classes of job which are inappropriate for the handicapped, as specified in the Presidential Decree.
Article 35
(Obligation of Employers for Employment of the Handicapped)
Employers who are employing workers not less than the number fixed in the Presidential Decree shall employ the handicapped over the rate fixed in the Presidential Decree within the extent of



1-5 per cent of the total number of workers (hereinafter referred as "standard employment quota rate", when there is any fraction less than one person, such fraction shall be omitted). Provided however, that in cases in which a considerable number of jobs are of a type regarded as unsuitable to be filled by handicapped employees, a number of workers equal to the exclusion rate fixed by the Minister of Labour through committee discussion may be subtracted from the total hiring quota.

(2) Notwithstanding the provision of Paragraph {1) as to types of jobs
regarded as suitable for the ability of specified handicapped persons, an employment quota rate may be specially prescribed by the Presidential Decree.
Article 36 (Programme for Employing the Handicapped by Employers, etc.)

(1) The Minister of Labour may give employers an order to formulate and submit a programme concerning the employment of the handicapped and to report on the status of implementation thereof under the Presidential Decree.

(2) The Minister of Labour may, when he regards a programme mentioned in Paragraph (1) as inappropriate, order the employer to change it.

(3) The Minister of Labour may, when an employer has been unusually deficient in formulating a programme for employing the handicapped or in carrying out employment duties under the provision of Paragraph {1) of Article 35 without justifiable reason, publicize such fact.
Article 37 (Allowance Payable for Employing the Handicapped, etc.)

(1) The Minister of Labour may, when the employers employ the handicapped beyond the standard employment quota rate under the provision of Paragraph (1) of Article 35, pay the employers concerned an emp1oyment allowance (hereinafter referred to as "allowance") in proportion to the excess number of the handi-capped above the quota.

(2) The Minister of Labour shall fix the allowance in consideration of the basic amount of the levy under the provision of Paragraph (3) of Article 38.

(3) The Minister of Labour may, when the employers to whom Paragraph (1) of Article 35 is not applicable employ the handi-capped, supply subsidy within the extent limit of allowance. Those who want to receive the subsidy, however, shall request the Minister of Labour.
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(4) The matters necessary for the supply and request of the allowance under the provision of Paragraph (1) and the subsidy under the provision of Paragraph (3) in this Article shall be prescribed by the Presidential Decree.
Article 38
(Payment of Levy concerning Employment of the Handicapped, etc.)
(1) Employers employing fewer handicapped persons than the standard employment quota rate shall pay a levy for employing the handicapped (hereinafter referred to as "levy") every year to the Minister of Labour as prescribed in the Presidential Decree.
(2) The amount of the levy shall be an annual sum obtained by multiplying the basic amount of levy under the provision of Paragraph (3) by the total number of the handicapped the employer should employ according to the standard employment quota rate under the provision of Paragraph (1) of Article 35 less than number of the handicapped actually employed on the 1st day of each month.

(3) The Minister of Labour, shall fix the basic amount of levy through committee discussion on the basis of the average monthly expenses for each of the following Subparagraphs necessary for employing the handicapped, and notify such levy rate 30 days prior to the commencement of every fiscal year. The basic amount of levy shall be not less than 60 per cent of the minimum wage for the year when it is notified:

1. Expenses necessary for establishment or repair of the facilities or equipment for employing the handicapped;

2. Expenses necessary for measures for proper employment management of the handicapped; and

3. Any other special expenses necessary for employing the handicapped.

(4) Employers shall submit a declaration on matters provided in the Ordinance of the Ministry of Labour and pay the amount of levy of the year concerned to the Minister of Labour within 60 days after the first day of the next year (in case the business is discontinued or closed during the year concerned, after the day when the business concerned is discontinued or closed).

(5) In case an employer fails to submit the declaration or to pay the levy within the time fixed in Paragraph (4), the Minister of Labour may investigate this and collect the levy.



Republic of Korea
(6) The Minister of Labour shall, when he regards the amount of levy paid by employers to be different than the amount of levy actually due or to be based on a false report, investigate this and collect in addition or return the difference.

(7) The levy may be paid by instalments as provided in the Presiden-tial Decree.
Article 39
(Collection of Surcharge and Arrears)
(1) If the Minister of Labour collects levies in accordance with Article 38 (5) and (6), he shall additionally collect 10 per cent of the levy due as a surcharge unless otherwise provided for by the Presidential Decree.

(2) If a person liable to pay levy fails to pay within the time limit, the Minister of Labour shall collect the amount in arrears calculated at the rate as prescribed by the Presidential Decree within the limit of 0.07 won per day for 100 won of such amount on the basis of the number of days from the day next to the day on which the period of payment is terminated, to the day prior to the day on which the amount due under this Act is paid in full, except otherwise prescribed by the Presidential Decree.
Article 40
(Notification)
If the Minister of Labour intends to collect levies under the provisions of Article 38 (5) and (6), he shall notify the obligor for payment of the amount due and the payment deadline in writing pursuant to the Ordinance of the Ministry of Labour.
Article 41
(Urging of Payment and Disposition in Arrears )
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(1) If the levy or other amounts due under this Act are not paid, the Minister of Labour shall urge the payment thereof by setting a period for payment.

(2) If the Minister of Labour urges payment in accordance with Paragraph (1), he shall do so in writing. In this case, the payment period shall be 10 days or more after written notice.

(3) If a person who been urged under Paragraph (1), fails to pay the levy and other amount to be collected within the prescribed time limit, the Minister of Labour may collect them according to the case of the disposition of national taxes in arrears.
Article 42
(Priority of Collection)
The priority given to the collection of levies and other amounts due under this Act shall follow that given to national and local taxes.



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Article 43
(Service of Documents)
Concerning service of documents regarding collection of levies and other amounts due under this Act, the provisions of Article 8 to 12 of the Basic National Tax Act shall apply mutatis mutandis.
Article 44
(Prescription)
If the rights to collect levies or other amounts due under this Act or to receive allowances and subsidies are not exercised for three years, they shall be extinguished by prescription.
Article 45
(Interruption of Prescription)
(1) The period of prescription under the provision of Article 44 shall be interrupted for the reasons in any of the following Subparagraphs:

1. Request for payment in accordance with Article 40;

2. Urging of payment in accordance with Article 41;

3. Request for delivery made in accordance with the procedures for disposition for arrears in accordance with Article 41; and

4. Request for allowance and subsidy in accordance with Article 37.
(2) The period of prescription interrupted in accordance with Para-graph (1) shall begin to run anew after passage of the following terms:
1. Term for payment in the notification under provisions of Article 40;

2. Term for payment specified and urged in writing; and

3. Term during which the request for delivery remains effective.
Article 46
(Treatment as Deficit)
In any of the following cases, the Minister of Labour may treat levies or other amounts due under this Act as deficits in its accounts:
1. If the disposition for arrears are concluded and the amount to be allotted to amounts due in arrears is less than the delinquent amounts;
2. If the prescription has run under the provision of Article 44; and

3. If there is no possibility of collection as provided for in the Presidential Decree.



Republic of Korea
CHAPTER IV.
EMPLOYMENT PROMOTION
FUND FOR THE HANDICAPPED
Article 47
(Establishment of the Employment Promotion Fund for the Handicapped)
The Minister of Labour shall establish an Employment Promo-tion Fund for the Handicapped (hereinafter referred to as "Fund") in order to conduct the business of promoting employment for the handicapped such as running the Agency, granting allowances and subsidies, etc.
Article 48 (Resources of the Fund)
(1) The Fund shall be prepared with the resources as follows:
1. Contributions or donations from the Government or non-government persons;
2. Levy of employer in accordance with Article 38;

3. Yield from the operation of the Fund and other revenues; and
4. Loans under the provision of Article 26.

(2) The government may appropriate its contribution under the provi-sion of Subparagraph 1 of Paragraph (1) based on the estimated expenditures for each fiscal year.
The Fund shall be used for payment of expenses provided by each Subparagraph as follows:

1. Expenses needed to conduct the business of the Agency;

2. Allowances under the provision of Paragraph (1) of Article 37 and subsidies under the provision of Paragraph (3) in the same Article;

3. Financing and supporting the employers with the expenses necessary for establishment or repair of facilities or equipment for employing the handicapped and expenses necessary for measures for administering employment of the handicapped;

4. Grant-in-aid to agencies carrying on education or training for the handicapped; and
Article 49 (Use of the Fund)



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5. Other expenses necessary for the business provided in the Presi-dential Decree for promoting employment of the handicapped, and expenses incidental to conducting the business in Paragraphs (1) to (4).
Article 50 (Operation and Management of Fund)

(1) The Fund shall be operated and managed by the Minister of labour.

(2) The fiscal year of the Fund shall be depended on the government fiscal year.

(3) The yield shall be ensured to its maximum extent in operating the Fund and the Fund shall be operated by the method falling under following Subparagraph:

1. Depositing to the financial institutes or government offices for communications in accordance with the provisions of Bank Act or other laws;

2. Purchasing of bonds issued by the State or local governments;

3. Purchasing of bonds guaranteed by the financial institutes in accordance with the provisions of the Bank Act or other laws, or by others determined by the Presidential Decree;

4. Depositing in financial fund under the provision of Paragraph {1) of Article 8 in the Treasury loans and Investment Special Accounts Act; and

5. Other methods determined by the Presidential Decree.
Article 51
{2)
(Accounting Organization of the Fund)
(1) The Minister of Labour shall appoint the accounting manager for the Fund who is responsible for the affairs of expense created sources from the Fund and the affairs of collection of the Fund, and shall appoint the accounting official for the Fund who is responsible for the accounting and expenses among the assigned government officials.

(2) The provisions of the Act on the Responsibilities of Accounting Related Officials, etc., with respect to the financier and the revenue official shall apply to the accounting, manager of the Fund and the provisions of the Act with respect of the expenditure official and accounting official shall apply to the accounting official of the Fund.
Article 52
(Creation of the Fund Account)
The Minister of Labour shall make the accounting official create the Employment Promotion Fund Account in the Bank of Korea.



Republic of Korea
CHAPTER V.
SUPPLEMENTARY PROVISIONS
Article 53
(Handicapped's Working Life Counsellor)
(1) Employers who employ handicapped workers not fewer in number than the number fixed in the Presidential Decree shall select and appoint a handicapped's working life counsellor for counselling and guidance concerning their working life.

(2) Handicapped's working life counsellors shall be persons with the qualifications provided in the Ordinance of the Ministry of Labour.
Article 54 (Report on Dismissal)
Employers shall, in case they dismiss any worker who is handicapped, report to that fact to the Minister of Labour within 7 days.
Article 55
(Report and Inspection, etc.)
(1) The Minister of Labour may have a public official concerned to enter a workplace and ask questions of interested persons on inspect related documents or make a necessary report.

(2) In a case as referred to in Paragraph (1), the public official shall present to the interested person a certificate indicating his authority.
Article 56 (Preservation of Documents)
The Employer shall preserve documents concerning the employ-ment programme for the handicapped, matters on appointment and dismissal thereof, levy, allowance or subsidy for three years.
Article 57 (Exemption)
The allowances and subsidies of Subparagraph 2 of Article 49 (1) -and support under Subparagraph 3 in the same Paragraph, and grant-in--aid of Subparagraph 4 therein are exempted from taxes under the Tax Reduction and Exemption Control Act.
Article 58 (Subsidies)
The State and local governments may support all or a portion of the expenses necessary for the execution of employment promoting projects for the handicapped as provided in the Presidential Decree.



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Article 59
(Exception for the State and Local Governments)
The provisions of Articles 36 to 46 shall not apply to the State and local governments.
Article 60 (Cooperation)

The Agency, vocational training facilities for the handicapped, welfare facilities thereof provided in the Handicapped Persons' Welfare Act, and other agencies and organizations relevant to the handicapped shall cooperate in the measures taken by the Minister of Labour.
Article 61
(Power Delegation)
The Minister of Labour may delegate any part of the power provided in this Act to the mayors of Seoul Special City or other direct cities, to governors of provinces, or may entrust the Agency with such powers.
CHAPTER VI.
PENAL PROVISIONS
Article 62
(Penal Provisions)
Any employer who falls under any of the following Subparagraphs shall be punished by a fine not exceeding three million won:

1. A person who has failed to comply with the orders under the provisions of Article 36 (1) or (2); and

2. A person who refuses, interferes with, or evades the inspec-tion under Article 36 (1) or (2).
Article 63
(Joint Penal Provisions)
If a representative of a juridical person or an agent, employee or other hired person of a juridical person or individual, has committed an offense as prescribed in Article 62 with respect to affairs of the juridical person or individual, the fine as prescribed in the said Article shall also be imposed on such juridical person or individual, in addition to punishment of the actual offender.
Article 64 (Fine for Negligence)

(1) Any person who falls under any of the following Subparagraphs, shall be punished by a fine for negligence not exceeding one hundred won:



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1. A person who has violated the provisions of Article 32;

2. A person who has violated the provisions of article 53 (1), 54 and 56; and

3. A person who fails to make a report under Article 55 (1) or made a false report, who fails to comply with an order to present related documents, who refuses to answer questions of a public official concerned or answer falsely, or who refuses, interferes with or evades an inspection.

(2) The fine for negligence as referred to in Paragraph (1) shall be imposed and collected by the Minister of Labour under the conditions prescribed by the Presidential Decree.

(3) Any person who is dissatisfied with the disposition of fine for negligence under Paragraph (2) may lodge an objection against the Minister of Labour within thirty days after he is informed of such a disposition.

(4) If a person who is subject to a disposition of fine for negligence under Paragraph (2), has made an objection under Paragraph (3), the Minister of Labour shall notify it without delay to the competent court, which holds, upon such a notification, a trial of the case under .the Procedure in Non-Contentions Cases Act.

(5) If an objection is not made and a fine for negligence is not paid in a period as referred to in Paragraph {3), it shall be collected according to example of disposition for tax in arrears.
Addenda
Article 65
(Fictitious Public Official in the Application of the Penal Provision)
The officers or the personnel of the Agency entrusted the business of this Act under the provision of Article 61 shall be treated as public officials in the application of Articles 129 to 132 in the Criminal Code.
(1) (Date of Enforcement) This Act shall come into force on the January 1, 1990. However, the standard employment quota rate under the provision of Article 35 shall be applicable at rate of 50/100 till December 31, 1991, and 80/100 till December 31, 1992.