South Korea – Welfare law for Persons with Disabilities

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THE WELFARE LAW FOR PERSONS WITH DISABILITIES
MINISTRY OF HEALTH AND WELFARE REPUBLIC OF KOREA
(AMENDED AS LAW NO. 4179, PROMULGATED ON DECEMBER 30TH 1989)

CHAPTER 1. GENERAL PROVISIONS

Article 1. (Purpose)

The purpose of this Law is to define measures for persons with disabilities subject to administration of the national and local govern-ments, to seek comprehensive welfare measures for persons with disabilities by establishing the necessary provisions for disability preven-tion, medical care, educational rehabilitation, promotion of employment and provision of allowances, and to promote the welfare of persons with disabilities by means including stabilization of livelihood by establishing necessary provisions for self-reliance and care of persons with disabilities.

Article 2. (Definition)

For purposes of this Law, “persons with disabilities” encompasses those people with physical disabilities, visual disabilities, audio-lingual disabilities, mental retardation or other mental defects (hereinafter referred to as “persons with disabilities”) who have suffered substantially in his/her daily living or social life due to disabilities. Degrees of disability shall be specified by the Presidential Decree.

Article 3. (Human Dignity)

Paragraph 1.

Persons with disabilities shall be guaranteed the rights of human dignity, worth and just treatment.

Paragraph 2.

No one who has a disability shall be subject to discrimination in the area of political, economic, social and cultural life due to his/her disability.

Paragraph 3.

All persons with disabilities shall be guaranteed the opportunity of political, economic, social and cultural activities as a member of society.

Article 4. (Efforts for Self-Support)

Paragraph 1.

Persons with disabilities shall endeavour to partici-pate in social and economic life by utilizing their capabilities to the utmost.

Paragraph 2.

Family members of persons with disabilities shall endeavour to provide encouragement to them.

Article 5. (National Responsibility)

Paragraph 1.

The national and local governments shall be re-sponsible for raising the nation’s concern of disability prevention and early detection, and for supporting the self-reliance and care and promot-ing the welfare of persons with disabilities.

Paragraph 2.

Nations shall be responsible for cooperating in the prevention and early detection of disabilities and promotion of the welfare of persons with disabilities.

Article 6. (The Committee for Welfare of Persons with Disabilities)

Paragraph 1.

A central committee for welfare of persons with disabilities shall be established in the Ministry of Health and Social Affairs, and local committees for welfare of persons with disabilities in Seoul city, directly controlled municipalities, and provinces, charged with reviewing and recommending matters about welfare of persons with disabilities.

Paragraph 2.

When deemed necessary, committees for welfare of persons with disabilities may demand appearance and explanation of related staffs and submission of materials from administrative bodies concerned.

Paragraph 3.

The provisions for constitution and management of committees for welfare of persons with disabilities shall be specified by Presidential Decree.

Article 7. (Counselors for Welfare of the Persons with Disabilities)

Paragraph 1.

District offices in Seoul city and directly controlled municipalities as well as offices of other cities and countries, shall appoint counselors to consult and advise on promotion of welfare of persons with disabilities.

Paragraph 2.

Counselors shall respect the confidentiality of business affairs and shall not violate personal privacy.

Paragraph 3.

Appointments, responsibility, remuneration and other matters of the counselors shall be prescribed by the Presidential Decree.

CHAPTER 2. ADOPTION OF WELFARE MEASURES

Article 8. (Prevention of Disability)

The national and local governments shall promote investigation and research into causes and prevention of disability, seek necessary measures such as delivery of information for prevention of disability, reinforcement of mother and child’s health enterprise, and early detection and treatment of illnesses which contribute to disabilities.

Article 9. (Treatment and Protection)

Paragraph 1.

The national and local governments shall provide treatment, necessary for persons with disabilities to learn and recover the ability of living, and shall seek measures necessary for providing rehabili-tation aids appliances, and other equipment needed to compensate for disabilities.

Paragraph 2.

The national and local governments shall take measures necessary in the performance of proper protection, treatment, advice, training for of function, referring persons with disabilities to welfare institutions according to age, nature and extent of disability.

Article 10. (Protection of Persons with Severe Disabilities)

The national and local governments shall provide proper protection throughout their lifetime for persons with disabilities who are considered dependent due to severe disability.

Article 11. (Consideration for Guardians)

The national and local governments shall give special considera-tion to parents and guardians of persons with disabilities so that they need not worry about the living conditions of persons with disabilities after the parents or guardians are deceased.

Article 12. (Education)

Paragraph 1.

The national and local governments shall take measures necessary such as improvement of quality and method of education and establishment of educational institutions for persons with disabilities, so that persons with disabilities may receive an adequate education according to age, ability, nature and extent of disability of persons with disabilities.

Paragraph 2.

The national and local governments shall promote research on education of persons with disabilities.

Paragraph 3.

The national and local governments shall develop systems of vocational education for persons with disabilities.

Paragraph 4.

Educational institutions shall not discriminate against persons with disabilities upon their application for admission or entrance into school due to his/her disabilities.

Paragraph 5.

All educational institutions shall equip their facilities and take necessary action so that persons with disabilities may receive an education without inconvenience.

Article 13. (Vocational Guidance)

Paragraph 1.

The national and local governments shall develop policies necessary for vocational guidance, vocational training, etc so that persons with disabilities may have suitable jobs according to their capabilities and aptitudes.

Paragraph 2.

The national and local governments shall promote research on types of suitable occupation and occupation group.

Article 14. (Supply of Housing)

The national and local governments shall develop policies neces-sary for supply and equipment of housing suitable for daily life of persons with disabilities.

Article 15. (Equipment and Culture Facilities)

The national and local governments shall develop policies neces-sary for establishment of related facilities, equipment of environment, supply of culture and sports activities and others so that persons with disabilities may participate in leisure and sports activities positively.

CHAPTER 3. WELFARE MEASURES

Article 16. (Reduction of Economic Burdens)

Paragraph 1.

The national and local governments shall develop policies necessary for tax relief, reduction of entrance fees of public facilities and others so that persons with disabilities and their legal proxies may reduce their economic burdens and become independent.

Paragraph 2.

Agents for transportation business managed by the national and local governments and local public corporations and agen-cies shall develop policies necessary for reduction of fares of persons with disabilities and their develop proxies and the others in order to reduce their economic burdens and promote self-reliance of persons with disabilities.

Article 17. (Legal Measures)

The national and local governments shall take legal and financial measures necessary for achievement of the purpose of this law.

Article 18. (Investigation)

Paragraph 1.

The Minister of Health and Social Affairs shall investigate the actual condition of persons with disabilities every five years for the proper implementation of the law.

Paragraph 2.

The provisions necessary for method and contents of the investigation mandated by Paragraph 1 shall be defined by the Presidential Decree.

Article 19. (Registration of Persons with Disabilities)

Paragraph 1.

Persons with disabilities and their legal proxies or protectors defined by the Presidential-Decree, shall register the condition of disability and other matters defined by the Minister of Health and Social Affairs to the mayors of Seoul city, directly controlled municipali-ties or provincial governors (hereinafter referred to as “mayors/governors”).

Paragraph 2.

Mayors/governors shall deliver certificates of disability (hereinafter referred to as “certificate”) to registered persons with disabilities in accordance with paragraph 1, who conform to the criteria of Article 2.

Paragraph 3.

Mayors/governors shall inform persons who apply for registration of the intent of the law when the registered person with disabilities under Paragraph 1 does not conform to the criteria of Article 2.

Paragraph 4.

Recipients of certificates under Paragraph 2 or their legal proxy or guardian defined by the Presidential Decree, shall return the certificate without delay when persons with disabilities concerned no longer conforms to the criteria of Article 2 or is deceased.

Paragraph 5.

In case of not returning the certificate under Para-graph 4, refusal of an order of diagnosis of disability under Paragraph 6 or violation of Paragraph 7, mayors/governors may order return of the certificate.

Paragraph 6.

Mayors/governors may order diagnosis of disability to determine the degree of disability in accordance with changes in actual condition of disability, establish a central review committee of disability in the Ministry of the Health and Social Affairs, and local review committees of disability in Seoul city, directly controlled munici-palities and provinces for the purpose of administering assessment of the degree of disability of persons with disabilities.

Paragraph 7.

Certificates shall not be transferred or loaned to any other person.

Paragraph 8.

The provisions necessary for registration of persons with disabilities, delivery and return of certificates, diagnosis of disability and the review committees of disability shall be defined by the Enforce-ment Decree of the Minister of Health and Social Affairs.

Article 20. (Rehabilitation Counselling and Measures for Admission to an Institute)

Paragraph 1.

The Minister, the mayors of Seoul city and directly controlled municipalities, governors and district leaders (restricted to Seoul city and directly controlled municipalities, hereinafter the same), mayors and magistrates of countries (hereinafter referred to as “welfare administrators”) shall provide medical examinations and counselling services to persons with disabilities and when deemed necessary, the following measures shall be provided by welfare administrators.

  1. Referring persons with disabilities to national and/or public hospi-tals, health centers or their branches, and other medical institutes {hereinafter referred to as “medical facilities”) for medical care and health guidance.
  2. Providing institutional or clinical care for persons with disabilities at welfare institutions established by national or local govern-ments.
  3. Referring persons with disabilities to welfare institutions established by legally constituted social welfare and other non-profit organiza-tions.
  4. Recommending persons with disabilities who need vocational training or job placement at public and private vocational training institutions to institutions concerned and to employment stabilization offices.
Paragraph 2.

In order to implement a guidance service for rehabilitation, welfare administrators shall instruct their counselors to visit the homes of persons with disabilities and welfare or medical institutes being utilized for persons with disabilities. At such time appropriate guidance and advice may be given.

Paragraph 3.

Medical facilities requested to provide medical treatment or health guidance under the provision of Item 1 of Paragraph 1 above shall provide their utmost cooperation for medical treatment or health guidance.

Article 21. (Grant of Medical Expenses)

Paragraph 1.

Welfare administrators may grant reimbursements for medical treatment according to the extent of disability to persons with disabilities whose difficulty in bearing expenses is recognized.

Paragraph 2.

The provisions for scope, criteria and methods of grants of medical expenses under Paragraph 1 shall be specified by the Enforcement Decree of the Minister of Health and Social Affairs.

Article 22. (Grant of Educational Expenses for Children)

Paragraph 1.

Welfare administrators may grant educational expenses to the children of persons with severe disabilities.

Paragraph 2.

The provisions for scope, criteria and methods of grants under Paragraph 1 shall be specified by the Enforcement Decree of the Minister of Health and Social Affairs.

Article 23. (Delivery of Rehabilitation Aids and Appliances)

Paragraph 1.

Welfare administrators, upon application by persons with disabilities who find it difficult to buy rehabilitation aids and appliances or pay the cost of their repair, may deliver or repair artificial limbs, braces, wheelchairs, hearing aids and appliances, braille slates, styli, white canes and other rehabilitation aids and appliances prescribed by the Minister or may alternatively grant the expenses necessary for buying or repairing such aids or appliances.

Paragraph 2.

Grants for the expenses outlined in the above Paragraph 1 shall be provided only in cases where delivery or repair of the aids or equipment is recognized as being difficult.

Paragraph 3.

Qualifications of beneficiaries and payment of expenses prescribed in Paragraph 1, shall be specified by the Presidential Decree.

Article 24. (Support of Enterprise Producing Rehabilitation Aids and Appliances)

Paragraph 1.

The national and local governments shall develop necessary supportive measures such as payment of a subsidy and techni-cal assistance for enterprises producing rehabilitation aids and appliances to improve and expand delivery of rehabilitation aids and appliances, according to the provisions specified by the Presidential Decree.

Paragraph 2.

The national and local governments may grant special subsidies or loans to enterprises designated as excellent among the companies which produce rehabilitation aids and appliances and in special need of support.

Paragraph 3.

The provisions for subsidy grants, technology support, designation of excellent enterprises, loans and other support under Paragraphs 1 and 2, shall be defined by the Enforcement Decree of the -Minister of Health and Social Affairs.

Article 25. (Loan of Funds)

The national and local governments may loan funds necessary for persons with disabilities, according to the provisions specified by the Presidential Decree, to support commencement of business, employment, education and other necessary training for persons with disabilities.

Article 26. (Support of Livelihood)

Paragraph 1.

In case governments issue permits or concessions for shops dealing in necessities including groceries, stationery, newspaper, etc. or establishment of banding machines within public facilities estab-lished and managed by the national and local governments, other public organizations, the national and local governments shall make efforts to accord favourable prior consideration to applications of persons with disabilities for such shops.

Paragraph 2.

Those who receive permits or concessions under the provision specified in Paragraph 1 above, shall engage in work as long as there is no due reason preventing such work.

Paragraph 3.

Welfare administrators in cooperation with mana-gers of public facilities shall examine places of establishment for shops or banding machines and kind of goods for sale under the provisions specified in Paragraph 1 above, and shall take measures to inform persons with disabilities of the results.

Article 27. (Appointment of Tobacco Sales Agents and Red Ginseng Sales Agents)

Paragraph 1.

In case persons with disabilities apply to govern-ment for designation as tobacco sales agents or red Ginseng sales agents in accordance with the provisions specified the Tobacco Business Law and Ginseng Business Law, the Minister of Finance or Korean Tobacco and Ginseng Corporation shall make efforts to designate persons with disabilities as tobacco sales agents or red Ginseng sales agents.

Paragraph 2.

The provisions specified in Paragraph 2, Article 26, shall be applied to persons with disabilities authorized under Paragraph 1 above.

Article 28. (Permission for Postal Sales Shop)

Paragraph 1.

In case persons with disabilities apply to postal authorities for permission to open domestic postal sale shops under Postal Law, the government shall make efforts to issue permits for domestic postal sale shops to persons with disabilities prior to non–disabled persons.

Paragraph 2.

The provisions specified in Paragraph 2, Article 26, shall be applied to persons with disabilities authorized under Paragraph 1 above.

Article 29. (Provisions of Self-Reliance Training Allowances )

Paragraph 1.

Welfare administrators may provide self-reliance training allowances or, in particular circumstances, equivalent sums in kind for persons with disabilities under the provisions specified in Item 2 or Item 3 of Paragraph 1, Article 20 in which persons with disabilities are to be provided with effective training as part of the care provided them.

Paragraph 2.

The matters with regard to the provisions of self–reliance training allowances or of equivalent sum in kind shall be specified in the Enforcement Decree of the Minister of Health and Social Affairs.

Article 30. (Promotion of Employment)

Paragraph 1.

The national and local governments shall provide the following projects for promotion of employment of persons with disabilities;

  1. Job-development and diffusion of suitable jobs for persons with disabilities.
  2. Vocational aptitude tests and vocational guidance for persons with disabilities.
  3. 3ork adjustment training.
Paragraph 2.

The national and local governments shall endeavour to employ persons with disabilities in their public projects according to the capabilities and aptitudes of persons with disabilities.

Paragraph 3.

The national and local governments may encourage enterprises who have suitable jobs to employ persons with disabjlities according to each individual’s capabilities and aptitudes.

Article 31. (Purchase of Goods)

Paragraph 1. When welfare institutions for persons with disabili-ties solicit purchases of goods made by persons with disabilities, the national and local governments and other public organizations shall make every effort to accept the request.

Paragraph 2.

The national and local governments and other public organizations may make a private contract with welfare institu-tions for persons with disabilities with respect to the list of articles specified by the Minister of Health and Social Affairs, according to provisions specified in other laws.

Article 32. (Priority in the Use of Facilities)

When deemed necessary, the national and local governments and other public organizations may give first priority to persons with disabili-ties in the use of government facilities or other public organizations for the purpose of promoting self-support of persons with disabilities.

Article 33. (Barrier-Free Public Facilities)

Paragraph 1. The national and local governments shall develop measures on the structure of facilities and design of equipment for the convenience of persons with disabilities in using transportation and other public facilities.

Paragraph 2.

Persons who construct public facilities, such as roads, parks, public buildings, transport facilities, communication systems, apartment houses and other public facilities, shall endeavour to provide suitable facilities and equipment for the convenience of persons with disabilities.

Paragraph 3.

Provisions with regard to standards for facilities and equipment under Paragraph 2 shall be established by the Presidential Decree.

Paragraph 4.

Welfare institutions may request persons who have established facilities and equipment below the standards of Paragraph 3 to correct the deficiencies.

Paragraph 5.

Recipients of requests under Paragraph 4 shall comply so far as no special reasons obtain.

Article 34. (Living Allowances)

Paragraph 1.

The national and local governments may provide living allowances for persons with severe disabilities who are considered dependent.

Paragraph 2.

The provisions of scope, criteria and methods of payment of the living allowances in Paragraph 1 above shall be specified by the Presidential Decree.

Article 35. (Sign Language and Captioning)

Paragraph 1.

The national and local governments may request a head of broadcasting station to televise sign language and captioned news, or to rebroadcast such media on national important affairs for persons with hearing disabilities.

Paragraph 2.

The recipient of a request under Paragraph 1 shall comply with requirement above, so far no special reasons obtain.

Article 36. (Research on Rehabilitation)

Paragraph 1.

The national and local governments may refer research projects on prevention of disability, medical treatment, education and vocational rehabilitation to professional rehabilitation research institutions so as to practice comprehensive and systematic investigation, research and valuation on rehabilitation of persons with disabilities.

Paragraph 2.

The national and local governments may grant subsidies required for carrying out research projects under Paragraph 1 within the limits of the budget.

CHAPTER 4. WELFARE INSTITUTIONS FOR PERSONS WITH DISABILITIES

Article 37. (Welfare Institutions for Persons with Disabilities)

Welfare institutions for persons with disabilities are defined as follows:

  1. Rehabilitation institutions for persons with disabilities

    A Rehabilitation institution for persons with disabilities with physical, visual, hearing or speech disabilities, mental retardation or similar disabilities shall be one which provides counselling treatment, and training necessary for rehabilitation of such persons.

  2. Sanatorium for persons with disabilities

    A sanatorium for persons with disabilities shall be an institution which provides counselling, treatment and recuperation for persons with disabilities who need continuing care.

  3. Fee-charging welfare institutions for persons with disabilities

    Fee-charging welfare institutions for persons with disabilities shall be rehabilitation institutions and sanatoria for persons with disabilities which provide counselling, treatment and recuperation for persons with disabilities, collecting the total sum of its expenditures for their services from the beneficiaries.

  4. Utilization institutions for persons with disabilities

    Utilization institutions for persons with disabilities shall be those which provide the convenience of counselling, treatment, training, promotion of interaction with society, making use of leisure time for persons with disabilities comprehensively with minimal or no charges.

  5. Vocational rehabilitation institutions for persons with disabilities

    Vocational rehabilitation institutions for persons with disabilities shall include workplace which provides proper jobs for persons with disabilities and sheltered workshops which provide adequate training and proper jobs for persons with disabilities who are considered difficult to employ.

  6. Braille Library

    A braille library shall be an institution which provides braille print publications and tape-recorded books with minimal or no charge for persons with visual disabilities.

  7. Braille publishing and tape-recorded book production facilities

    Braille publishing and tape-recorded book production facilities shall mean institutions which produces braille or tape-recorded books for persons with visual disabilities with minimal or no charge.

Article 38. (Establishment of Welfare Institutions for Persons with Disabilities)

Paragraph 1.

The national and local governments may establish welfare institutions for persons with disabilities.

Paragraph 2.

Legally recognized social welfare foundations and non-profit organizations may establish such welfare institutions with approval from mayors or governors.

Paragraph 3.

The provisions for establishment of standards and requirements necessary to obtain approval for establishing such institu-tions shall be defined by the Enforcement Decree of the Minister of Health and Social Affairs.

Article 39. (Abolition and Suspension)

In case of abolition or suspension of a welfare institution for persons with disabilities established under the provisions of Paragraph 2 of Article 38, the social welfare foundation or other non-profit organiza-tion shall report in advance to mayors/governors in accordance with the related Presidential Decree.

Article 40. (Duty to Accept Referral)

Upon receiving a referral described under Item 3, Paragraph 1 of Article 20 with respect to welfare administrators, an institution shall not decline such referral without due reason.

Article 41. (Supervision)

Paragraph 1.

The Minister or mayors/governors may instruct relevant officers to inspect the operational conditions of an institution, its records and other documents, or instruct persons who have established and manage such welfare institution to submit reports with regard to the institution’s management.

Paragraph 2.

When conducting the inspection specified in Para-graph 1 above, the appointed officers shall present an official warrant showing their authority to the relevant parties.

Article 42. (Cancellation of Approval)

Mayors/governors may order suspension or termination of opera-tion of a welfare institution for persons with disabilities in case of violation of any conditions specified below, or they may cancel their approval under the provision of Paragraph 2, Article 38.

  1. In case an institution does not comply with the standards prescribed in Paragraph 3, of Article 38.
  2. In case of refusal to accept referral against the provisions of Article 40.
  3. In case reports are not presented as required under the provisions of Article 41 or are presented falsely, or when an investigation and inspection is evaded or refused.
  4. In case an institution fails to obtain approval from mayors/ governors, and collects the expenditures from the beneficiaries against the provision of Paragraph 2, of Article 48.

CHAPTER 5. SUPPORT ORGANIZATION OF AN D FOR PERSONS WITH DISABILITIES

Article 43. (The Day of Persons with Disabilities)

The government shall establish “The Day of Persons with Disabili-ties” and “The Week of Persons with Disabilities” to raise the level of public understanding and the will of persons with disabilities to rehabili-tate themselves.

Article 44.(Promotion of Sports for Persons with Disabilities)

The national and local governments shall hold sports games for persons with disabilities or shall support organizations of persons with disabilities to hold such games once a year.

Article 45. (Protection and Support of Organizations)

Paragraph 1.

The national and local governments shall make efforts to protect and support organizations of persons with disabilities and for persons with disabilities to promote the welfare of persons with disabilities and self-reliance of persons with disabilities themselves.

Paragraph 2.

The national and local governments may grant subsidies necessary for all or part of the activities, management or other required expenses of organizations under the provision of Paragraph 1.

Article 46. (Korea Sports Association for Persons with Disabilities)

Paragraph 1.

The government shall establish a foundation, Korean Sports Association for persons with disabilities (hereinafter referred to as “Sports Association”, to promote sports for persons with disabilities, and so on.

Paragraph 1.

The Sports Association’s activities and functions are set forth in the statute of Association.

Paragraph 3.

The national and local governments may assist with necessary expenses for management of Sports Association, and reduce or exempt taxes under the Tax Reduction and Exemption Regulation, allowing income tax deductions for property contributed to the Sports Association.

CHAPTER 6. EXPENDITURES

Article 47. (Allotment of Expenditures)

For the execution of welfare activities under the provision speci-fied in Paragraph 1 of Article 20, Paragraph 1 of Article 21, Paragraph 1 of Article 22, Paragraph 1 of Article 23, Paragraph 1 of Article 29 and Paragraph 1 of Article 34 and for the establishment of welfare institutions for persons with disabilities under the provisions specified in Paragraph 1 of Article 38, required expenditures shall be allotted within the limits of the budget of the welfare administrators or the social welfare programs under the Appropriation Law for Social Welfare Programs in accordance with the related Presidential Decree.

Article 48. (Collection of Expenses)

Paragraph 1.

Welfare administrators, who have allotted expendi-tures for the provisions specified in Item 1, Paragraph 1, of Article 20 may collect a part or all of the total equivalent sum of its expenditures from the beneficiaries, either persons with disabilities themselves or their responsible supporters, under the provisions of the related Presidential Decree.

Paragraph 2.

The foundations which have established free–charging welfare institutions under the provisions specified in Paragraph 2 of Article 38, shall obtain approval from the governors to collect expenses for their services from the beneficiaries, however, when the total expenses do not exceed the limits established by the Minister, the above requirement shall not apply.

Paragraph 3.

The entities which have established charged welfare institutions under the provisions specified in Paragraph 2 of Article 38 shall report to governors on collection of expenses for their services from the beneficiaries.

Article 49. (Assistance of Expenditure)

The national and local governments may grant subsidies necessary for the establishment and management of welfare institutions for persons with disabilities under the provision of the related Presidential Decree.

CHAPTER 7. SUPPLEMENTAL PROVISIONS

Article 50. (Approval for the Manufacture and Repair of Rehabilitation Aids and Appliances)

Paragraph 1.

Persons who intend to operate an enterprise for the manufacture and repair of rehabilitation aids and appliances shall obtain approval from the mayors/governors.

Paragraph 2.

Provisions with regard to the types of rehabilitation aids and appliances, and the conditions and other requirements of the approval pertaining to the above Paragraph, shall be established by the Enforcement Decree of the Minister of Health and Social Affairs.

Article 51. (Cancellation of Approval for the Manufacture and Repair of Rehabilitation Aids and Appliances)

Mayors/governors may order suspension or termination of the business activities of the manufacture and repair of rehabilitation aids and appliances or cancellation of approval in cases of violation of the standards of approval listed in Article 5O.

Article 52. (Prohibition of Attachment)

The payment and articles provided under this Law for persons with disabilities shall not be attached under any circumstances whatso-ever.

Article 53. (Reduction and Exemption of Tax)

The payments and articles provided under this Law for persons with disabilities shall be reduced or exempted under the Tax Reduction and Exemption Control Act.

Article 54. (Request for Reconsideration)

Paragraph 1.

In case of an objection to the welfare provisions of this Law, a person with disabilities, his legal proxy, or guardian as defined by the Presidential Decree, may apply to the welfare administra-tor for reconsideration.

Paragraph 2.

Upon the receipt of an application for reconsidera-tion mentioned in Paragraph 1 above, the welfare administrator shall conclude its judgement within one month and notify the result to the concerned applicant.

Paragraph 3.

In case of an objection to the result of judgement specified in Paragraph 2 above, the applicant may submit an appeal within one month from the date of receipt of the notice.

Article 55. (Delegation of Authority)

Mayors/governors may delegate part of their authority provided by this Law to district officers (Seoul special city and directly controlled municipalities only) and/or mayors, magistrates of countries.

CHAPTER 8. PENAL PROVISIONS

Article 56. (Penal Provisions)

Persons violating any of the following clauses shall be punished by a maximum of one year imprisonment or fined up to a maximum of 1,000,000 Won.

Paragraph 1.

Persons who have established and operated welfare institutions for persons with disabilities without obtaining approval under the provision of Paragraph 2 of Article 38.

Paragraph 2.

Persons who have operated an enterprise for the manufacture and repair of rehabilitation aids and appliances without obtaining approval under the provision of Paragraph 1 of Article 5O.

Article 57.(Penal Provisions)

Persons violating any of the following clauses shall be fined up to a maximum of 5OO,OOO Won.

  1. Persons who have taken discriminatory action on application of persons with disabilities for admission or entrance into school against the provisions of Paragraph 4 of Article 12.
  2. Persons who have refused an order to return the certifying Card for Persons with Disabilities provided by Paragraph S of Article 19.
  3. Persons who have refused a request under Paragraph S of Article 33 without due reason.
  4. Persons who have not reported in advance to mayors/governors against the provision of Article 39.
  5. Persons who have refused a referral against the provision of Article 40.

Article 58. (Compatible Penal Provisions)

In case of violation of Article 58 and/or Article 57 by the representative of a foundation or legal entity, the proxy of an individual, or an employee in performing the business of a corporation or an individual, not only the person in question who has committed the violation shall be punished, but also the related legal entity or individual shall be fined according to this article.

Addenda

  1. (Date of enforcement)
    This Law shall come into effect on the date of its promulgation.
  2. (Interim measures for Sports Association)
    At the time of enforcement of this Law, the existing foundation, the Korean Sports Association for the Disabled shall be considered as the Korean Sports Association for the Disabled established under this Law.
  3. (Interim measures for welfare institutions for persons with disabili-ties)
    At the time of enforcement of this Law, the existing welfare institutions established under the Social Welfare Service Law, which have been caring for persons with disabilities shall be considered as welfare institutions for persons with disabilities permitted by this Law.
  4. (Interim measures for facilities and vocational rehabilitation institu-tions for persons with disabilities)
    At the time of enforcement of this Law, comprehensive rehabi-litation centers for persons with disabilities and sheltered workshops managed by the existing social welfare foundations and other nonprofit organizations shall obtain approval as facilities or vocational rehabilitation institutions satisfying all requirements for being considered as regular welfare institutions within one year of its enforcement.