ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS [See entire ACT]
CHAPTER Ⅳ Korea Employment Agency for the Disabled
- Article 43 (Establishment of Korea Employment Agency for the Disabled)
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(1) The Korea Employment Agency for the Disabled (hereinafter referred to as the “Agency”) shall be established for the purposes of helping disabled persons to become self-reliant through working life and providing professional assistance to employers in employment of disabled persons.
(2) The Agency shall carry out the following services：
1. Collection, analysis, furnishing of information on the employment promotion and vocational rehabilitation of disabled persons, and surveys and research thereon；
2. Vocational guidance, such as job counseling, job aptitude tests, evaluation of vocational skills, etc., for disabled person；
3. Vocational adaptation training, vocational skills development training, job placement and post-employment adaptation guidance, for disabled persons；
4. Fostering and training of specialized personnel, such as counselors for working life of disabled persons, etc.；
5. Provision of assistance to employers in improving the employment environment for disabled persons and fulfilling the obligation to employ them；
6. Provision of guidance and support to employers and related agencies on technical matters concerning vocational rehabilitation and employment management；
7. Operations of vocational adaptation training facilities, vocational skills development training facilities and standard workplaces for disabled persons；
8. Creation and management of computer networks for job placement between job placement agencies for the employment promotion of disabled persons, and related services, such as publicity, education, skills contests of disabled persons, etc.；
9. Coordination of and support for work between public and private institutions relating to the employment promotion and vocational rehabilitation of disabled persons；
10. International cooperation for the employment of disabled persons；
11. Other services necessary for the employment promotion and vocational rehabilitation of disabled persons, and services delegated by the Minister of Employment and Labor or the head of a central administrative agency；and
12. Services incidental to the services described in subparagraphs 1 through 11.
(3) In order to efficiently carry out the services under paragraph (2), the Agency may entrust, with approval from the Minister of Employment and Labor, part of its services to a corporation or an organization.
<Title of This Article Amended by Act No. 9791, Oct. 9, 2009>
- Article 44 (Juridical Personality)
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The Agency shall be a juristic person.
- Article 45 (Offices)
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(1) The location of the principal office of the Agency shall be determined by the articles of incorporation.
(2) The Agency may, if deemed necessary, establish branch offices after obtaining approval from the Minister of Employment and Labor.
Enforcement Ordinance
- Article 48 (Approval for Establishment of Branch Office)
If the Agency intends to obtain approval for establishment of a branch office pursuant to Article 45 (2) of the Act, it shall submit to the Minister of Employment and Labor an application for such approval that contains the following matters；
1. Name；
2. Location；
3. Purpose of establishment；
4. Planned date of establishment；
5. Organization and fixed number of employees；and
6. Business description.
- Article 46 (Registration of Establishment)
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(1) The Agency shall be constituted upon registration at the location of its principal office.
(2) The registration of establishment under paragraph (1), the establishment and transfer of branch offices and other necessary matters relating to registration shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 49 (Registration for Establishment)
The following matters shall be registered for the establishment of Agency pursuant to Article 46 of the Act：
1. Purpose；
2. Name；
3. Location of the principal and branch offices；
4. Location of its affiliated agencies under Article 55 of the Act；
5. Name and address of officers；
6. Total value of assets；and
7. Notice method.
Enforcement Ordinance
- Article 50 (Registration for Establishment of Branch Office)
(1) If the Agency establishes a branch office (including affiliated agencies under Article 55 of the Act；hereinafter the same shall apply) pursuant to Article 45 (2) of the Act, it shall register in accordance with the following classification：
1. Area where the principal office is located：the name and location of the newly established branch office shall be registered within three weeks of the establishment：Provided that if the Agency and its branch office are established at the same time, the establishment of the branch office shall be registered when the establishment of the Agency is registered；
2. Area where the newly established branch office is located：matters prescribed in each subparagraph of Article 49 shall be registered within three weeks of the establishment；and
3. Area where an existing branch office is located：the name and location of the newly established branch office shall be registered within three weeks of the establishment.
(2) If a new branch office is established within the jurisdiction of a registration office that has jurisdiction over the principal office or an existing branch office, only the name and location of the new branch office shall be registered within three weeks of establishment.
Enforcement Ordinance
- Article 51 (Registration of Transfer)
(1) If the Agency transfers its principal or branch office to the jurisdiction of a different registration office, it shall register the new location and date of transfer within two weeks at the previous location, and the matters described in each subparagraph of Article 49 within three weeks at the new location.
(2) If the Agency transfers its principal or branch office within the jurisdiction of the same registration office, it shall register the new location and date of transfer within three weeks.
Enforcement Ordinance
- Article 52 (Registration of Change)
If any change is made to matters described in each subparagraph of Article 49, the Agency shall register such change within two weeks at the location of its principal office and within three weeks at the location of its branch office.
Enforcement Ordinance
- Article 53 (Documents to Be Attached to Registration Application)
When applying for registration according to this Decree, the following documents shall be attached to the application；
1. Registration for establishment under Article 49：articles of incorporation of the Agency；
2. Registration for establishment of branch offices under Article 50：approval of the establishment of branch offices from the Minister of Employment and Labor；
3. Registration for transfer under Article 51：documents proving the transfer of principal or branch offices；or
4. Registration for changes under Article 52：documents proving the changes concerned.
Enforcement Ordinance
- Article 54 (Estimation of Registration Period)
When matters regarding registration under this Decree require authorization or approval from the Minister of Employment and Labor, the registration period shall be counted from the date on which such certificate of authorization or approval is received.
- Article 47 (Articles of Incorporation)
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(1) The following matters shall be stated in the Agency‘s articles of incorporation：
1. Purpose；
2. Title；
3. The principal and branch offices, and the establishment and operation of affiliated agencies under Article 55；
4. Businesses and execution thereof；
5. Assets and accounting；
6. Officers and employees；
7. Operation of the board of directors；
8. Alterations to the articles of incorporation；
9. Method of public notification；
10. Establishment, revision and abolition of internal regulations；and
11. Dissolution.
(2) The articles of incorporation of the Agency shall be subject to authorization of the Minister of Employment and Labor. The same shall apply to the amendment thereof.
- Article 48 (Appointment and Dismissal of Officers)
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(1) The Agency shall have ten or more but not more than fifteen directors including one president, and appoint one auditor.
(2) Three directors including the president shall be permanent.
(3) The appointment and dismissal of the officers shall be subject to Article 26 of the Act on the Management of Public Institutions, and one third of permanent directors and non-permanent directors shall be appointed from among disabled persons.
(4) Deleted.
(5) Deleted.
Enforcement Ordinance
- Article 55 (Officers)
(1) The ex officio non-standing directors of the Agency shall be appointed by the head of the relevant institution from among public officials of Grade III (including special public servants and limited term public servants equivalent thereto) in the Ministry of Strategy and Finance, Ministry of Health and Welfare, and Ministry of Employment and Labor or public officials who are involved in duties relating to disabled persons and members of the senior civil service.
(2) Those with extensive knowledge and experience with disabled persons shall become non-standing directors, other than ex officio non-standing directors, of the Agency.
- Article 49 (Term of Office for Officers)
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The term of office for the president shall be three years, and that of office for the directors and auditor shall be two years and renewable on a yearly basis.
- Article 50 (Duties of Officers)
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(1) The president shall represent the Agency, and preside over the Agency’s business.
(2) If the president is unable to perform his/her duties for inevitable reasons, one of the permanent directors shall act on behalf of him/her under the terms of the articles of incorporation, and if no permanent director exists or is able to act on behalf of the president, an officer determined in accordance with the articles of incorporation shall act on his/her behalf.
(3) The directors shall participate in deliberating and making decisions on agenda items brought forward to the board of directors, and the permanent directors shall carry out the affairs of the Agency under the terms of the articles of incorporation.
(4) The auditor shall inspect the business of the Agency, and audit its accounting in accordance with the accounting standards prescribed in Article 32 (5) of the Act on the Management of Public Institutions and submit his/her opinions to the board of directors.
- Article 51 (Disqualifications of Officers)
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A person who fall under any of the following subparagraphs shall not be the officers：
1. A person who falls under the reasons for disqualification under Article 33 of the State Public Officials Act；and
2. A person who falls under Article 34 (1) 2 of the Act on the Management of Public Institutions
- Article 52 (Restriction on Concurrent Offices of Officers and Employees)
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(1) The permanent officers and employees of the Agency shall not be engaged in any business, other than their duties, to make profits.
(2) If a permanent officer obtains permission from the person authorized to appoint and propose the officer and if an employee obtains permission from the president, he/she may concurrently carry on another business not for profit.
<This Article Wholly Amended by Act No. 9791, Oct. 9, 2009>
- Article 53 (Board of Directors)
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(1) The Agency shall have a board of directors to deliberate and decide on the matters prescribed in each subparagraph of Article 17 (1) of the Act on the Management of Public Institutions.
(2) The board of directors shall be composed of directors including the president.
(3) The president shall chair the board of directors.
(4) A meeting of the board of directors shall be convened at the request of the president or at least one third of all directors and a decision shall be made with the approval of a majority of all directors.
(5) The auditor may attend a meeting of the board of directors and state his/her opinions.
<This Article Wholly Amended by Act No. 9791, Oct. 9, 2009>
- Article 54 (Appointment and Dismissal of Employees)
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The president shall appoint and dismiss the employees of the Agency under the conditions as determined by the articles of incorporation. In this case, he shall consider employing disabled persons.
- Article 55 (Affiliated Agencies)
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(1) The Agency may set up affiliated agencies required for effectively performing the services under Article 43 (2), with approval from the Minister of Employment and Labor.
(2) The president of the Agency shall control and supervise its affiliated agencies.
(3) Matters necessary for the establishment and operations, etc. of affiliated agencies shall be determined by the articles of incorporation of the Agency.
Enforcement Ordinance
- Article 56 (Advisory Committee and Support Committee)
(1) The Agency may establish an Advisory Committee to seek advice on its major business regarding employment promotion and vocational rehabilitation for disabled persons.
(2) The Agency may establish a Support Committee to efficiently conduct its business and ensure effective cooperation with relevant agencies.
(3) Matters necessary for the composition, operation, etc. of the Advisory Committee and the Support Committee under paragraph (1) and (2), respectively, shall be determined by the articles of incorporation of the Agency.
- Article 56 (Free Lease of State Property, etc.)
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The State may, if necessary for the establishment and management of the Agency, lease any property and commodities owned by the State to the Agency free of charge pursuant to the State Properties Act and the Commodity Management Act.
Enforcement Ordinance
- Article 57 (Disposal, etc. of Major Property)
The Agency shall obtain approval from the Minister of Employment and Labor before delegating, acquiring, leasing, exchanging, or offering as collaterals, any property specified in the following subparagraphs：
1. Any land, forest and building of the Agency；
2. Educational facilities, diagnosis and checkup equipment, and other relevant major equipment；or
3. Other property that may critically contribute to the increase or decrease of the Agency’s property.
- Article 57 (Borrowing of Funds)
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The Agency may, if necessary for conducting services under Article 43 (2), borrow funds (including loans from international organizations, foreign governments or foreigners) with approval from the Minister of Employment and Labor.
Enforcement Ordinance
- Article 58 (Application for Approval for Borrowing of Funds)
If the Agency intends to obtain approval for borrowing of funds pursuant to Article 57 of the Act, it shall submit to the Minister of Employment and Labor an application for such approval that contains the following matters：
1. Purpose of loan；
2. Lender；
3. Amount of loan；
4. Conditions of loan；
5. Method and duration of repayment；and
6. Other matters necessary for loans and repayment thereof.
- Article 58 (Accounting of Agency)
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(1) The business year of the Agency shall coincide with the fiscal year of the government.
(2) The Agency shall establish its accounting rules, and obtain approval from the Minister of Employment and Labor for them.
- Article 58-2 (Agency Revenues)
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The revenues of the Agency are as follows：
1. Contributions or donations from the government or persons other than the government；
2. Contributions from the Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons under Article 68；
3. Loans under Article 57；and
4. Other revenues of the Agency.
<This Article Inserted by Act No. 10969, Jul. 25, 2011>
- Article 59 Deleted.
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- Article 60 (Formulation, etc. of Budget)
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(1) Every fiscal year the president shall formulate a draft budget for the following fiscal year in accordance with the business objectives established under Article 46 of the Act on the Management of Public Institutions and the business guidelines notified under Article 50 of the same Act, and determine the budget after discussion by the board of directors and approval from the Minister of Employment and Labor no later than the beginning of the following fiscal year. The same shall apply in the case of modifying the budget.
(2) Once determining a budget pursuant to paragraph (1), the Agency shall establish an operating plan according to the budget for the fiscal year after discussion by the board of directors, and submit the operating plan to the Minister of Employment and Labor within two months after the determination of the budget. The same shall apply in the case of changing the operating plan due to modifications to the budget.
<This Article Wholly Amended by Act No. 9791, Oct. 9, 2009>
- Article 61 (Submission of Settlement of Accounts)
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The Agency shall prepare the settlement of accounts of revenue and expenditure each business year, undergo an audit by a certified public accountant selected in accordance with the rules of the Board of Audit and Inspection or an accounting corporation established under Article 23 of the Certified Public Accountant Act and submit the results to the Minister of Employment and Labor within two months after end of each fiscal year.
<This Article Wholly Amended by Act No. 9791, Oct. 9, 2009>
- Article 61 (Submission of Settlement of Accounts)
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The Agency shall prepare the settlement of accounts of revenue and expenditure each business year, undergo an audit by a certified public accountant selected in accordance with the rules of the Board of Audit and Inspection or an accounting corporation established under Article 23 of the Certified Public Accountant Act and submit the results to the Minister of Employment and Labor within two months after end of each fiscal year.
<This Article Wholly Amended by Act No. 9791, Oct. 9, 2009>
Enforcement Ordinance
- Article 61 (Submission of Settlement of Revenue and Expenditure Accounts)
When submitting the settlement of revenue and expenditure accounts each business year to the Minister of Employment and Labor pursuant to Article 61 of the Act, the Agency shall attach the following documents:
1. Business plan of the relevant year and a comparison of the cash flow plan and the actual results of its execution of the relevant year;
2. Income statements and balance sheet of the relevant year;
3. Statements from the Agency's auditor and a certified public accountant designated by the Minister of Employment and Labor; and
4. Other reference documents that can verify the settlement of accounts.
Article 62 (Application for Permission for Establishment of Management Organization)
If the Agency intends to establish a management organization after obtaining permission from the Minister of Employment and Labor pursuant to Article 64 (2) of the Act, it shall submit to the Minister of Employment and Labor a application for such permission that contains the following matters:
1. Needs to establish a management organization;
2. Business overview; and
3. Other matters necessary for the establishment of the management organization.
- Article 62 (Disposal of Surplus Cash)
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The Agency may, if any surplus9 earnings accrue as a result of settlement of accounts at the end of each business year, replenish the losses brought forward, and carry over the balance for the use in the following year.
- Article 63 (Collection of Fees)
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The Agency may receive fees and other actual expenses for the services under Article 43 (2).
- Article 64 (Investments, etc.)
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(1) Where necessary for efficiently implementing the services, the Agency may invest in or contribute to the services under Article 43 (2) 7 and 11.
(2) The Agency may establish a management organization after obtaining permission from the Minister of Employment and Labor for the management and operation of the facilities established for the purpose of leasing places of business under Article 17. In this case, the management organization shall be a juristic person.
(3) The Agency shall direct and supervise the duties of the management organization established under paragraph (2).
(4) Matters necessary for the investment and contribution and the establishment of a management organization under paragraphs (1) and (2) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 62 (Application for Permission for Establishment of Management Organization)
If the Agency intends to establish a management organization after obtaining permission from the Minister of Employment and Labor pursuant to Article 64 (2) of the Act, it shall submit to the Minister of Employment and Labor a application for such permission that contains the following matters：
1. Needs to establish a management organization；
2. Business overview；and
3. Other matters necessary for the establishment of the management organization.
Enforcement Ordinance
- Article 63 (Approval of Internal Regulations)
If the Agency intends to establish or amend any internal regulations on the following matters, it shall obtain approval from the Minister of Employment and Labor：
1. Matters concerning the organization and fixed number of employees of the Agency；
2. Matters concerning the accounting and management of properties and goods；
3. Matters concerning the remuneration and service of officers and employees；
4. Matters concerning the business delegated to the Agency under Article 82 (2)；and
5. Other matters critical to the operation of the Agency.
- Article 65 (Guidance and Supervision over Business)
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(1) The Minister of Employment and Labor shall guide and supervise the Agency’s business.
(2) The Minister of Employment and Labor may have the Agency report on necessary matters concerning its business, accounts and property, or take other necessary measures.
- Article 64 (Supervision)
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A public official inspecting the books, documents and other belongings of the Agency pursuant to Article 65 of the Act shall carry a certificate indicating his/her authority and produce such certificate to a relevant person.
- Article 65-2 (Prohibition of Secret Divulgence)
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A person who serves or used to serve as an officer or employee of the Agency shall not divulge and illegally use confidential information that he/she acquired while performing his/her duties.
- Article 66 (Prohibition of Use of Similar Title)
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No one other than the Agency shall use the title of “Korea Employment Agency for the Disabled” or any title similar to it.
- Article 67 (Application Mutatis Mutandis of Civil Act)
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The provisions of the Civil Act concerning juridical foundations shall apply mutatis mutandis to the Agency, except as otherwise provided in this Act and the Act on the Management of Public Institutions.
