ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS [See entire ACT]
CHAPTER I General Provisions
- Article 1 (Purpose)
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The purpose of this Act is to contribute to the employment promotion and vocational rehabilitation of for persons with disabilities so that they may live a decent live through work suited to their abilities.
Enforcement Ordinance
- Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on Employment Promotion and Vocational Rehabilitation for Persons with Disabilities and those necessary for the enforcement thereof.
- Article 2 (Definitions)
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The definitions of terms as used in this Act shall be as follows:
1. “Handicapped” means those who, because of physical or mental disability, are subject to considerable restriction in their working lives for a long period of time, as more fully defined in the Presidential Decree;
2. “Vocational rehabilitation” means to make disabled persons strive for self-support in their working lives through taking measures for them provided in this Act, such as vocational guidance, vocational training, introduction of employment and otherwise;
3. “Business owner” means a person who carries on a business using workers; and
4. “Worker” means a person as prescribed in Article 14 of the Labor Standards Act.
Enforcement Ordinance
- Article 2 (Definition)
The definitions of the terms, as used herein, shall be governed by the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons (hereinafter referred to as the “Act”), the Framework Act on Employment Policy and the Employment Security Act.
Enforcement Ordinance
- Article 3 (Criteria for Disabled Persons)
(1) A disabled person defined in subparagraph 1 of Article 2 of the Act refers to a person falling under any of the following subparagraphs:
1. A person meeting the criteria for disabled persons specified in Article 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities; and
2. A person falling within the degree of injury specified in Article 14 (3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State.
(2) The Minister of Employment and Labor may confirm whether a person falls under each subparagraph of paragraph (1) on the basis of any of the following materials:
1. A registration certificate for disabled person under Article 32 of the Act on Welfare of Persons with Disabilities;
2. A certificate for person of distinguished services to the State under Article 101 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State; or
3. A medical report on disability under Article 32 of the Act on Welfare of Persons
Enforcement Ordinance
- Article 4 (Criteria for Persons with Severe Disabilities)
(1) Persons with severe disabilities defined in subparagraph 2 of Article 2 of the Act refers to persons falling under any of the following subparagraphs:
1. Among disabled persons meeting the criteria described in Article 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities, a person who falls into the disability grade prescribed by the Ordinance of the Ministry of Employment and Labor or a higher grade;
2. Among disabled persons meeting the criteria described in Article 2 of the Enforcement Decree of the Welfare of Disable Persons Act, a person who falls into the disability grade that is one grade lower than that stated in subparagraph 1 and has a disability of brain lesion, visual disability, intellectual disorder, autistic disorder, mental disorder, cardiac dysfunction, respiratory dysfunction, cerebro-electrical disorder or upper limb disorder; and
3. Among those falling into the disability grade specified in Article 14 (3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, a person who falls into the third degree of injury or higher.
(2) The Minister of Employment and Labor may confirm whether a person falls under each subparagraph of paragraph (1) on the basis of any of the following materials:
1. A registration certificate for disabled person under Article 32 of the Act on Welfare of Persons with Disabilities;
2. A certificate for person of distinguished services to the State under Article 101 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State; or
3. A medical report on disability under Article 32 of the Act on Welfare of Persons with Disabilities, which is issued by a medical specialist relating to the relevant type of disability, and can verify that a person falls under each subparagraph of paragraph (1).
Enforcement Ordinance
- Article 5 (Workers Excluded from Application)
“Any person whose fixed working hours fall short of the working hours set by the Presidential Decree” in the proviso to subparagraph 5 of Article 2 of the Act means a person whose monthly fixed working hours is less than 60 hours.
- Article 3 (Responsibilities of State and Local Governments)
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(1) The State and local governments shall continually promote education, publicity and employment promotion campaigns for disabled persons, in order to enhance the understanding of employers and the general public on the employment promotion and vocational rehabilitation of disabled persons.
(2) The State and local governments shall take measures for vocational rehabilitation that considers the characteristics of disabled persons, and for providing support to employers, disabled persons and other related persons, and for comprehensively and effectively implement policies necessary for promoting the employment of disabled persons. In this case, the State and local governments shall lay stress on the employment promotion and vocational rehabilitation of persons with severe disabilities and female disabled persons.
- Article 4 (State Liability)
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(1) The State may finance each year part of the expenses required for projects for the employment promotion and vocational rehabilitation of disabled persons from its general account.
(2) The State shall actively support each year the expenses required for executing projects for the employment promotion and vocational rehabilitation of disabled persons within the limits of its budgets.
- Article 5 (Obligations of Employers)
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(1) Employers shall have the obligation to cooperate with the government in implementing policies on the employment of disabled persons, provide them with employment opportunities by evaluating their abilities fairly, and conduct employment management for them in a proper way.
(2) Employers shall not discriminate against any worker in personnel management, such as hiring, promotion, transfer, education and training, etc., merely on the ground that the worker is a disabled person.
(3), (4)<2017.11.28.>
- Article 5-2 of the Act (Education to Improve Awareness of Persons with Disabilities in the Workplace)
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① The employer must create a stable working environment for workers with disabilities by educating against prejudice in the workplace against those with disabilities.
② The employer and workers shall receive education to improve awareness of those with disabilities pursuant to paragraph 1.
③ The Minister of Employment and Labor may inspect whether education has taken place according to paragraphs 1 and 2.
④ The Minister of Employment and Labor shall develop and distribute educational materials to ensure that workplace education on improving awareness of persons with disabilities is carried out pursuant to paragraph 1.
⑤ The content, methods, and number of educational sessions pursuant to paragraphs 1 and 2 shall be set by Presidential Decree. [This Article Newly Inserted by Act No. 15110, Nov. 28, 2017]
Enforcement Ordinance
- Article 5-2 (Education to Improve Awareness of Persons with Disabilities in the Workplace)
(1) The employer shall conduct education to improve awareness of persons with disabilities in the workplace once per year for 1 hour or more in accordance with Article 5-2 of the Act.
(2) The education pursuant to paragraph (1) shall include the following:
1. Definition of disability and types of disability;
2. Human rights of persons with disabilities at work, prohibition of discrimination against persons with disabilities and furnishing appropriate accommodations;
3. Laws and systems related to employment promotion and vocational rehabilitation for those with disabilities;
4. Other matters necessary to improve awareness of persons with disabilities in the workplace.
(3) The employer may conduct the education under paragraph (1) in consideration of business size, characteristics, etc., through collective education such as worker training, morning sessions, meetings, online education using an information communication network, like the Internet, etc., and empirical education.
(4) The employer may conduct the education pursuant to paragraph 1 using an instructor pursuant to paragraph 3 of Article 5 of the Act.
(5) Employers who do not have the obligation to hire persons with disabilities pursuant to Article 28 of the Act may conduct education to improve awareness of persons with disabilities by distributing or publishing educational materials distributed by the Minister of Employment and Labor, or through e-mail.
<This Article Inserted by Presidential Decree May. 28, 2018>
- Article 3 (Education to Improve Awareness of Persons with Disabilities)
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① The employer shall refer education to an institution designated by the Minister of Employment and Labor (hereinafter an ""educational institution to improve awareness of persons with disabilities"").
② The head of the educational institution to improve awareness of persons with disabilities shall provide education as defined by the Ministry of Employment and Labor, and shall keep educational data for three years.
③ Educational institutions to improve awareness of persons with disabilities shall have at least one instructor designated by the Ministry of Employment and Labor.
④ The Minister of Employment and Labor may cancel the designation if any of the following clauses apply to the educational institution to improve awareness of persons with disabilities: Provided, if clause 1 applies, the designation shall certainly be cancelled.
1. If the designation was gained by false or other unjust means
2. If the instructor in paragraph 3 is not kept for more than 6 months without good reason
⑤ If the Minister of Employment and Labor seeks to cancel the designation of an educational institution to improve awareness of persons with disabilities in accordance with paragraph 4, the Minister must call a hearing to do so.
- Article 6 (Self-Reliance Efforts of Disabled Persons, etc.)
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(1) Every disabled person shall make efforts to become a self-reliant competent career person by striving to develop and enhance his/her abilities with self-consciousness as a career person.
(2) Family members or guardians of disabled persons shall cooperate with the government in implementing policies for disabled persons, and make active efforts to promote the self-reliance of disabled persons.
- Article 7 (Basic Plans, etc. for Employment Promotion and Vocational Rehabilitation of Disabled Persons)
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(1) The Minister of Employment and Labor shall, in consultation with the head of a related central administrative agency, devise a basic plan for the employment promotion and vocational rehabilitation of disabled persons (hereinafter referred to as a “framework plan”) .
(2) The following matters shall be contained in the basic plan under paragraph (1)：
1. Evaluation of the immediately previous framework plan;
2. Matters concerning the employment promotion and vocational rehabilitation of disabled persons;
3. Matters concerning the fund for the employment promotion and vocational rehabilitation of disabled persons under Article 68;
4. Matters concerning the installation and operation of, and support to, facilities for disabled persons;
5. Other matters that the Minister of Employment and Labor considers necessary for the employment promotion and vocational rehabilitation of disabled persons.
(3) Important matters concerning the basic plan under paragraph (1) and the employment promotion and vocational rehabilitation of disabled persons shall be subject to deliberation by the Employment Policy Council (hereinafter referred to as “Employment Policy Council”) under Article 10 of the Framework Act on Employment Policy.
(4) Deleted.
(5) Deleted.
(6) Deleted.
- Article 8 (Coordination with Ministry of Education and Ministry of Health and Welfare)
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(1) The Minister of Education shall, if it is deemed necessary for the employment promotion of persons subject to special education under the Act on Special Education for Disabled Persons, etc., consult with the Minister of Employment and Labor on the contents, etc. of vocational education.
(2) The Minister of Health and Welfare shall closely cooperate with the Minister of Employment and Labor to ensure the efficient implementation of vocational rehabilitation projects, etc.
<Title of This Article Amended by Act No. 8852, Feb. 29, 2008 and Act No. 9932, Jan. 18, 2010>
