ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS [See entire ACT]
CHAPTER Ⅱ Employment Promotion and Vocational Rehabilitation of Disabled Persons
- Article 9 (Vocational Rehabilitation Institutes for Disabled Persons)
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(1) Every institution responsible for the execution of vocational rehabilitation of persons with disabilities (hereinafter referred to as the "vocational rehabilitation institution") shall develop various projects for the vocational rehabilitation of persons with disabilities and provide them directly, and make full efforts to execute the vocational rehabilitation particularly with an aim of enhancing self-supporting abilities of persons with severe disabilities.
(2) Each vocational rehabilitation institution shall fall under any of the following categories:
1. Special educational institutions for persons with disabilities under subparagraph 10 of Article 2 of the Act on Special Education for Persons with Disabilities, Etc.;
2. Local community rehabilitation facilities for persons with disabilities under Article 58 (1) 2 of the Act on Welfare of Persons with Disabilities;
3. Vocational rehabilitation facilities for persons with disabilities under Article 58 (1) 3 of the Act on Welfare of Persons with Disabilities;
4. Welfare organizations for persons with disabilities under Article 63 of the Act on Welfare of Persons with Disabilities;
5. Vocational skills development training establishments under subparagraph 3 of Article 2 of the Act on the Development of Vocational Skills of Workers;
6. Other institutions that the Minister of Employment and Labor recognizes as being capable of performing vocational rehabilitation projects for persons with disabilities, which shall be specified by Ordinance of the Ministry of Employment and Labor.
- Article 10 (Vocational Guidance)
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(1) In order to enable disabled persons to find jobs suited to their abilities, the Minister of Employment and Labor and the Minister or Health and Welfare shall conduct job counseling, job aptitude tests, and evaluation of vocational skills, and provide vocational guidance, such as furnishing employment information, etc.
(2) In order to enable disabled persons to have a working life suited to their abilities, the Minister of Employment and Labor and the Minister of Health and Welfare shall endeavor to develop types of jobs suitable for disabled persons.
(3) If special professional knowledge and technology are deemed necessary for providing vocational guidance under paragraph (1), the Minister of Employment and Labor and the Minister of Health and Welfare may request a related specialized institute, such as rehabilitation institutes, etc., to provide such guidance and pay the relevant expenses.
(4) The Minister of Employment and Labor and the Minister of Health and Welfare may provide loans or subsidies for the expenses incurred by any person who provides or intends to provide vocational guidance.
(5) Necessary matters concerning criteria for the payment of, and loans or subsidies for, expenses under paragraphs (3) and (4) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 15 (Support for Vocational Guidance)
(1) When conducting vocational guidance, such as job counseling, job aptitude tests and vocational skills evaluation, etc., pursuant to Article 10 (1) of the Act, the Minister of Employment and Labor and the Minister of Health and Welfare shall provide information on matters necessary for the employment and vocational rehabilitation of the disabled person concerned according to type and degree of disability.
(2) When providing loans or subsidies to those who conduct or intend to conduct vocational guidance under Article 10 (4) of the Act, the criteria therefor shall be determined and announced by the Minister of Employment and Labor, in consultation with the Minister of Health and Welfare, after taking account of the following matters：
1. Business performance；
2. Status of available facilities and equipment；
3. Personnel exclusively for such business；
4. Disabled persons’ accessibility to the facilities concerned；and
5. Demand for vocational guidance by disability type, etc.
- Article 11 (Vocational Adaptation Training)
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(1) The Minister of Employment and Labor and the Minister of Health and Welfare may, if deemed necessary to enable disabled persons to have a working life suited to their expectations, aptitude, abilities, etc., provide vocational adaptation training for their adaptation to a working environment.
(2) The Minister of Employment and Labor and the Minister of Health and Welfare may, if deemed necessary for the efficient implementation of vocational adaptation training under paragraph (1), determine separate training standards, etc.
(3) In order to develop and improve the vocational skills of disabled persons, the Minister of Employment and Labor and the Minister of Health and Welfare may provide loans or subsidies to a person who installs and operates, or intends to install and operate a vocational adaptation training facility or training courses to cover the required expenses (including training expenses).
(4) The Minister of Employment and Labor and the Minister or Health and Welfare may provide training allowances to disabled persons who receive vocational adaptation training at a vocational adaptation training facility.
(5) Necessary matters concerning the criteria for loans and subsidies and for the payment of training allowances, etc. under paragraphs (3) and (4) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 16 (Support for Vocational Adaptation Training for Disabled Persons)
(1) The vocational adaptation training under Article 11 (1) and (2) of the Act shall include vocational preparation training to facilitate the employment of disabled persons and other training aimed at improving their vocational skills, aside from the training specified in the Workers Vocational Skills Development Act.
(2) The curriculum, facility and equipment criteria, etc. of vocational adaptation training pursuant to paragraph (1) shall be determined and announced by the Minister of Employment and Labor, in consultation with the Minister of Health and Welfare, after considering the degree of adaptability necessary for working life based on the individual abilities of each disabled person seeking employment.
(3) The criteria for providing loans or subsidies to a person who installs or operates or intends to install or operate a vocational adaptation training facility or training course pursuant to Article 11 (3) of the Act to cover the required expenses shall be determined and announced by the Minister of Employment and Labor, in consultation with the Minister of Health and Welfare, after considering the following matters:
1. Training plan;
2. Current state of training facilities, equipment, vocational training instructors, etc.; and
3. Training performance, etc.
(4) The criteria for granting training allowances under Article 11 (4) of the Act shall be determined and announced by the Minister of Employment and Labor, in consultation with the Minister of Health and Welfare, after taking consideration of the Workers Vocational Skills Development Act.
- Article 12 (Vocational Skills Development Training)
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(1) The Minister of Employment and Labor shall provide vocational skills development training for disabled persons so that they can have a working life suited to their expectations, aptitude, abilities, etc.
(2) In order to develop and improve the vocational skills of disabled persons, the Minister of Employment and Labor may provide loans or subsidies to a person who installs and operates or intends to install and operate, a vocational skills development training facility or training courses to cover the required expenses (including training expenses).
(3) The Minister of Employment and Labor may provide training allowances to a disabled person who receives vocational skills development training at a vocational skills development training facility.
(4) Necessary matters concerning the criteria for loans and subsidies and for the payment of training allowances, etc. under paragraphs (2) and (3) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 17 (Promotion of Vocational Skills Development Training for Disabled Persons)
(1) The Minister of Employment and Labor may give preference to disabled persons in conducting vocational development training in the types of occupations deemed necessary for the employment promotion and vocational rehabilitation of disabled persons under Article 12 (1) of the Act.
(2) Matters concerning loans and subsidies for training expenses and support for training allowances under Article 12 (2) and (3) of the Act shall be determined and announced by the Minister of Employment and Labor in consideration of the contents, level, etc. of loans and subsidies specified in the Workers Vocational Skills Development Act.
Article 18 (Implementation of Supportive Employment and Support Therefor)
The contents of support necessary for implementing a supportive employment system under Article 13 of the Act shall include those described in the following subparagraphs, and detailed criteria for such support shall be determined and announced by the Minister of Employment and Labor in consultation with the Minister of Health and Welfare.
1. Training allowances for trainees;
2. Subsidies for employers; and
3. Allowances for vocational advisors assigned to workplaces.
- Article 13 (Supportive Employment)
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(1) The Minister of Employment and Labor and the Minister of Health and Welfare shall implement a supportive employment system and provide required supports, in order to enable persons with severe disabilities who may have difficulties in performing their duties in a business place run by an employer to fulfill their duties.
(2) Necessary matters concerning the contents of, and standards, etc. for, the support under paragraph (1) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 18 (Implementation of Supportive Employment and Support Therefor)
The contents of support necessary for implementing a supportive employment system under Article 13 of the Act shall include those described in the following subparagraphs, and detailed criteria for such support shall be determined and announced by the Minister of Employment and Labor in consultation with the Minister of Health and Welfare.
1. Training allowances for trainees；
2. Subsidies for employers；and
3. Allowances for vocational advisors assigned to workplaces.
- Article 14 (Sheltered Employment)
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The State and local governments shall furnish a specific working environment for disabled persons who may hardly work under normal working conditions, and implement a sheltered employment system so as for such persons to be able to work in the relevant working environment.
- Article 15 (Job Placement, etc.)
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(1) The Minister of Employment and Labor shall arrange a job suitable for a disabled person on the basis of employment information and in consideration of his/her expectations, aptitude, abilities, type of job, etc.
(2) The Minister of Employment and Labor shall devise policies for the employment promotion of disabled persons in order to enable them to become self-reliant through working life.
(3) The Minister of Employment and Labor may, if it is necessary for job placement and employment promotion under paragraphs (1) and (2), request related specialized agencies such as rehabilitation institutes, etc., to carry out part of his/her business, and pay the relevant expenses.
(4) The Minister of Employment and Labor may provide loans or subsidies to a person who installs and operates, or intends to install and operate a job placement facility to cover the required expenses (including subsidies for job placement).
(5) Necessary matters concerning the payment of expenses and the criteria for loans and subsidies under paragraphs (3) and (4) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 19 (Support for Job Placement)
(1) The Minister of Employment and Labor may provide, pursuant to Article 15 (2) of the Act, employment support for the promotion of employment of persons with severe disabilities, such as job search counseling, vocational skills development training, etc.
(2) Matters required for operation etc. of employment support for persons with severe disabilities shall be determined and announced by the Minister of Employment and Labor.
(3) If a job placement facility establishes a job placement computer network pursuant to Article 15 (4) of the Act, the Minister of Employment and Labor may provide loans or subsidies for the establishment expenses required, and if a person running a free-of-charge job placement business under Article 18 of the Employment Security Act successfully places a disabled person in a job and maintains his/her employment for a set period or more, the Minister of Employment and Labor may pay necessary subsidies.
(4) The criteria for providing loans or subsidies for the costs required to establish a job placement computer network in accordance to paragraph (1) shall be determined and announced by the Minister of Employment and Labor in consideration of the following matters：
1. The capability of the facility concerned to exchange information on available jobs and job seekers with the Korea Employment Agency for the Disabled (hereinafter referred to as the “Agency”) under Article 43 of the Act；and
2. Accessibility, etc. of the facility for disabled persons seeking employment.
- Article 16 (Coordination, etc. between Job Placement Agencies)
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(1) In order to expand employment opportunities for disabled persons, the Minister of Employment and Labor shall take such measures as building a computer network for job placement to ensure efficient coordination between rehabilitation institutes providing job placement services with regard to exchanges of information on job seekers and job offerers, and management of disabled workers, and to enable the Korea Employment Agency for the Disabled under Article 43 to perform the comprehensive and centralized management thereof.
(2) When taking such measures as building a job placement computer network, etc. under paragraph (1), the Minister of Employment and Labor shall ensure coordination with the employment security agencies under subparagraph 1 of Article 2-2 of the Employment Security Act.
- Article 17 (Support for Self-employed Disabled Persons)
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(1) The Minister of Employment and Labor may provide loans to a disabled person who intends to run a business independently for the necessary costs of establishing an enterprise or lease him/her a place to do the business.
(2) Notwithstanding the provisions of the State Properties Act, the yearly rental fee for a place of business under paragraph (1) shall be an amount obtained by multiplying the value of the property concerned by 10/1000 or more, as determined by the Minister of Employment and Labor, and may be calculated on a monthly or daily basis.
(3) Necessary matters concerning the criteria, etc. for loans or lease under paragraph (1) and (2) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
- Article 18 (Support for Disabled Workers)
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(1) The Minister of Employment and Labor may provide loans to a disabled worker as necessary for his/her stable working life.
(2) Necessary matters concerning the criteria for loans under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
- Article 19 (Post-employment Adaptation Guidance)
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(1) The Minister of Employment and Labor and the Minister of Health and Welfare shall, if deemed necessary for the employment security of disabled persons, provide disabled persons employed in a workplace with guidance necessary for adapting themselves to their working environments.
(2) Necessary matters concerning the details, etc. of guidance under paragraph (1) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 20 (Support for Post-Employment Adaptation Guidance)
To help a disabled worker employed in a workplace to effectively adapt to his/her working environment pursuant to Article 19 (1) of the Act, the Minister of Employment and Labor and the Minister of Health and Welfare may provide guidance described in any of the following subparagraphs, and specific details of such guidance shall be determined and announced by the Minister of Employment and Labor, in consultation with the Minister of Health and Welfare.
1. Visits to the workplace and checks on working conditions；
2. Listening to and counseling on complaints by disabled persons；and
3. Support for the assignment, etc. of a sign language interpreter, etc.
- Article 19-2 (Provision of Personal Assistance Services)
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(1) The Minister of Employment and Labor may provide necessary services, such as sending a person who assists persons with severe disabilities in their working life, etc. (hereinafter referred to as “personal assistant”), so that persons with severe disabilities can lead a working life in a stable and sustainable manner.
(2) Necessary matters concerning the selection of those eligible for personal assistance services and cancellation thereof, the method of providing personal assistance services, etc., shall be prescribed by the Presidential Decree.
<This Article Newly Inserted by Act No. 10460, Mar. 9, 2011>
Enforcement Ordinance
- Article 20-2 (Selection, etc. of Those Eligible for Personal Assistance Services)
(1) Services under Article 19-2 (1) of the Act (hereinafter referred to as "personal assistance services") shall be provided to workers with severe disabilities who, although they have the ability to perform the duties in their charge, experience difficulties in performing those duties due to their disabilities, and workers with severe disabilities specified in the following subparagraphs shall be given preference:
1. Workers with severe disabilities whose degree of disability is relatively more severe;
2. Severely disabled female workers; and
3. Workers with severe disabilities employed in small and medium enterprises under Article 2 (1) of the Framework Act on Small and Medium Enterprises.(hereinafter referred to as 'small and medium enterprises')
(2) A severely disabled worker who intends to receive personal assistance services shall apply to the Minister of Employment and Labor as prescribed by the Ordinance of the Ministry of Employment and Labor.
(3) If the Minister of Employment and Labor has received an application under paragraph (2), he/she may provide personal assistance services deemed necessary for the number of hours determined by the Minister of Employment and Labor within the limits of the budget after taking into consideration the duties and abilities of the severely disabled worker concerned, and may have the severely disabled worker bear part of the required costs.
(4) The Minister of Employment and Labor may, if a severely disabled worker selected as a person eligible for personal assistance services falls under any of the following subparagraphs, revoke his/her selection as a person eligible for personal assistance services and suspend the provision of personal assistance services: Provided that in the case of subparagraph (1), the Minister of Employment and Labor shall revoke his/her selection as a person eligible for personal assistance services and suspend the provision of personal assistance services:
1. Where the severely disabled worker was selected as a person eligible for personal assistance services in a false or any other fraudulent way;
2. Where provided personal assistance services are used for unintended purposes;
- Article 20 (Employment Guidance to Employers)
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The Minister of Employment and Labor shall, if deemed necessary for the employers who employ or intend to employ disabled persons, provide them with guidance on technical matters concerning employment, placement, work aids, work equipments, working environments and other matters concerning the employment management of disabled persons.
- Article 21 (Support for Employers who Employ Disabled Persons)
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(1) The Minister of Employment and Labor may provide loans or subsidies to an employer who employs or intends to employ disabled persons for the expenses or equipment described in any of the following subparagraphs and needed for the employment of disabled persons. In this case, an employer who employs or intends to employ persons with severe disabilitiess or disabled women shall be preferentially treated：
1. Expenses incurred for the purchase, installment, repair, etc. of necessary facilities and equipment for the employment of disabled persons；
2. Work assistance engineering instrument, equipment etc. needed for working life of disabled persons；
3. Expenses incurred for the placement of counsellors for working life of disabled persons, work instructors, Korean sign language interpreters, readers, etc. for the proper employment management of disabled persons；and
4. Other expenses or equipment equivalent to those under subparagraphs (1) through (3) as necessary for the employment of disabled persons.
(2) Necessary matters concerning the criteria, etc. for loans or subsidies under paragraph (1) shall be prescribed by the Presidential Decree.
- Article 22 (Support for Standard Workplace for Disabled Persons)
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(1) The Minister of Employment and Labor may provide loans or subsidies to an employer who establishes and operates or intends to establish and operate a standard workplace for disabled persons to cover the expenses necessary for the establishment and operation.
(2) When providing loans or subsidies pursuant to paragraph (1), the Minister of Employment and Labor shall preferentially treat employers prescribed in any of the following subparagraphs：
1. Employers who employ or intend to employ persons with severe disabilitiess or disabled women；and
2. Employers who establish and operate or intend to establish a standard workplace for disabled persons through the active participation of a community by receiving support from a local government or finance from a non-profit corporation or other private companies, etc.
(3) If an employer who has the obligation to employ disabled persons pursuant to Article 28 (1) has actual control over a standard workplace for disabled persons in terms of the criteria prescribed by the Presidential Decree, such as the total number of issued stocks, total amount of investment, etc., when applying Articles 28, 29 and 33, the workers employed at the standard workplace for disabled persons shall be included in the number of workers employed by the employer (however, the number of disabled persons excluding women and the severely disabled means a half of the total number, and the figure shall be rounded up to the nearest whole number) and the standard workplace for disabled persons concerned shall be considered a workplace of the employer concerned.
(4) Notwithstanding paragraph (3), if not less than two employers obligated to employ disabled persons own or invest in the stocks of a standard workplace for disabled persons, the number of workers corresponding to their respective ownership or investment percentages (the figure shall be rounded down to the nearest whole number) shall be included in the number of workers employed by each employer：Provided that if among not less than two employers obligated to employ disabled persons, there is an actually controlling employer specified in paragraph (3), the number of workers excluding the number of workers corresponding to the percentage by which the other employers own or invest in the stocks shall be included in the number of workers employed by the actually controlling employer.
(5) The Minister of Employment and Labor may request necessary cooperation from the heads of central administrative agencies, local governments, public institutions, etc., under Article 4 of the Act on the Management of Public Institutions, such as by asking them to preferentially purchase the goods produced by standard workplaces for disabled persons, etc.
(6) Necessary matters concerning the criteria, etc. for loans or subsidies under paragraph (1) and (2) shall be prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 21 (Criteria for Support for Employers Employing Disabled Persons, etc)
(1) In determining whether to grant loans or subsidies to an employers who employs or intends to employ disabled persons or to a person who establishes and operates or intends to establish and operate a standard workplace for disabled persons pursuant to Article 21 and Article 22 of the Act, the amount of such loan or subsidy, etc., the Minister of Employment and Labor shall give consideration to the following matters：
1. Employment ratio of disabled persons；
2. Whether it is possible to employ disabled persons；
3. Validity of the information provided on the application for such loans or subsidies；
4. Ability to repay loans；and
5. Deleted.
(2) An employer eligible to be provided with work-related assistive technology devices, equipment, etc., shall be an employer with disabilities who employs no worker or fewer than four workers at the time of applying for such support and employs or intends to employ disabled persons.
(3) Necessary matters concerning the procedures, etc., for providing a loan or subsidy to an employer employing disabled persons, other than those provided for in paragraphs (1) and (2), shall be determined by the Minister of Employment and Labor.
Enforcement Ordinance
- Article 21-2 (Criteria for Actual Control over Standard Workplace for Disabled Persons)
“Actual control over a standard workplace for disabled persons in terms of the criteria prescribed by the Presidential Decree” under Article 22 (3) means holding more than 50/100 of the total number of stocks issued by or total amount invested in the relevant standard workplace for disabled persons.
<This Article Newly Inserted by Presidential Decree No. 20522, Jan. 3, 2008>
- Article 22-2 (Special Cases Related to Prohibition of Unfair Trade Practices)
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(1) If an employer who substantially dominates a standard workplace for disabled persons pursuant to Article 22 (3) provides support to the affected standard workplace for disabled persons on a reasonable basis disclosed in advance as prescribed by Presidential Decree, it shall not be considered an Unfair Trade Practice pursuant to subparagraph 7 of Article 23 (1) of the Act on Monopoly Regulation and Fair Trade.
<This Article Newly Inserted by Act No. 11570, Dec. 18, 2012>
Enforcement Ordinance
- Article 21-4 (Publication of Standard for Support of Standard Workplace for Disabled Persons)
Before providing support, reasonable standards, such as target and method, etc., for providing support to a standard workplace for disabled persons shall be made public by an employer who is willing to provide a standard workplace for disabled persons.
<This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013>
- Article 22-3 (Preferential Purchasing of Products from a Standard Workplace for Disabled Persons)
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(1) When signing a contract for goods and services, the head of a public institution pursuant to subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets (hereinafter in this Article referred to as “public institution”) shall preferentially purchase goods and services produced and provided by a standard workplace for disabled persons (hereinafter referred to as “products from a standard workplace for disabled persons”).
(2) The head of a public institution shall submit plans to purchase products from a standard workplace for disabled persons and records of actual purchases made the previous year to the Minister of Employment and Labor as prescribed by Presidential Decree. In this case, presented in the plans shall be the target business for purchase of products from a standard workplace for disabled persons corresponding to the ratio determined by the Minister of Employment and Labor or more within the limits of 1/100 of the amount of total purchases of each public institution.
(3) The head of a public institution may purchase products from a standard workplace for disabled persons through a private contract. In this case, procedure and method, etc. of such private contract shall be governed by a relevant Act or subordinate statute including the Act on Contracts to which the State is a Party, etc.
(4) Records of actual purchases of products from a standard workplace for disabled persons shall be included by the head of the public institution when appraising such a workplace to the relevant institution, etc.
(5) In the interest of checking on implementation of purchase plans, the Minister of Employment and Labor may ask the head of the public institution to submit records of actual purchase of products from a standard workplace for disabled persons. In this case, the head of the public institution shall comply with the request unless there is a special reason not to do so.
(6) The Minister of Employment and Labor shall post the purchase record for the previous year and the purchase plan for the relevant year submitted by the heads of public institutions pursuant to paragraph (2) on the website of the Ministry of Employment and Labor, as prescribed by Presidential Decree.
<This Article Newly Inserted by Act No. 11570, Dec. 18, 2012>
Enforcement Ordinance
- Article 21-5 (Submission of Purchasing Plans for Products from a Standard Workplace for Disabled Persons)
(1) The head of a public institution according to subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets (hereinafter referred to as “public institution”) pursuant to Article 22-3 (2) shall submit purchasing plans for products from a standard workplace for disabled persons of the year concerned and records of actual purchases from the previous year to the Minister of Employment and Labor as prescribed by Presidential Decree no later than the last day of February of every year.
(2) The Minister of Employment and Labor shall collect and announce the plans for purchase and the purchase records that the heads of public institutions submitted on the website of the Ministry of Employment and Labor as prescribed by Article 22-3 paragraph (6) by April 30 every year.
(3) Matters necessary for submission of purchasing plans and records of actual purchases of products from a standard workplace for disabled persons shall be determined by Ordinance of the Ministry of Employment and Labor.
<This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013>
- Article 22-4 (Certification and Repudiation of Certification of Standard Workplace for Disabled Persons)
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(1) A person who is willing to operate a standard workplace for disabled persons shall prepare the standards of subparagraph 8 of Article (2) and receive certification from the Minister of Employment and Labor.
(2) If any of the following subparagraphs apply to the standard workplace for disabled persons, the Minister of Employment and Labor may repudiate the certification pursuant to paragraph (1). Provided that, if subparagraph 1 applies, the certification shall be repudiated：
1. Where certification is received in false or other fraudulent ways；
2. Where standards of subparagraph 8 of Article (2) are not met；
3. Where the Minister of Employment and Labor is requested to repudiate certification for unavoidable managerial reasons.
(3) The Minister of Employment and Labor shall make an announcement when certifying standard workplaces for disabled persons pursuant to paragraph (1) or repudiating certification pursuant to paragraph (2).
(4) Necessary matters including method and procedure for certification and repudiation of certification of a standard workplace for disabled persons pursuant to paragraph (1) and (2), etc., shall be prescribed by Ordinance of the Ministry of Employment and Labor.
(5) A person who has not received certification pursuant to paragraph (1) shall not use “standard workplace for disabled persons” or a similar term.
(6) A person who has received certification pursuant to paragraph (1) shall not make any other person to operate the standard workplace for disabled persons in the certification-receiver’s own name or company name or lend the certification to another person.
<This Article Newly Inserted by Act No. 11570, Dec. 18, 2012>
- Article 23 (Collection of Unlawful Loans or Subsidies, etc., and Restrictions on Payment)
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(1) In the event that any of the following subparagraphs apply to a person who has received loans or subsidies in accordance with Article 21 and 22, the Minister of Employment and Labor shall annul the concerned loans or support and collect the relevant amount of money or an amount of money equivalent to the support：
1. Where he/she has received the loans or subsidies in a false or other fraudulent ways；and
2. Where the loans or support were repeatedly made by the State or local government (including entrusted institutes) for the same reason；
3. Where no correction is made after receiving two or more correction requests pursuant to paragraph (2) for the same reason；
4. Where a request for cancelation of loans or support is made.
(2) The Minister of Employment and Labor may designate a certain period and ask for correction if any of the following subparagraphs apply to a person who has received loans or support pursuant to Article 21 or Article 22：
1. Where conditions for loans and support are not implemented；
2. Where loans and subsidies are not administered for the purpose prescribed in any subparagraph of Article 21 (1), 21 (2) and 22 (1)；
3. Cases which are determined and announced by the Minister of Employment and Labor.
(3) If a person commits any act in any subparagraph of paragraph (1), the Minister of Employment and Labor may restrict loans or subsidies for three years from the date on which such an act is committed.
(4) Matters necessary for cancelation, collection, correction requests and restrictions on payment, etc., shall be determined by Ordinance of the Ministry of Employment and Labor.
<This Article Newly Inserted by Act No. 11570, Dec. 18, 2012>
Enforcement Ordinance
- Article 21-3 Deleted.
Enforcement Ordinance
- Article 21-4 (Disclosure of Criteria for Support for Standard Workplace for Disabled Persons)
An employer who is willing to provide a standard workplace for disabled persons pursuant to Article 22-2 shall reveal reasonable requirements including target and method, etc. for supporting a standard workplace for disabled persons on an internet website or media source such as a newspaper or TV/radio broadcast, etc.
<This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013>
Enforcement Ordinance
- Article 21-5 (Submission of Purchase Plan, etc. of Products from a Standard Workplace for Disabled Persons)
(1) The head of a public institution pursuant to subparagraph 2 of Article 2 of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets shall submit purchasing plans for products from a standard workplace for disabled persons of the year concerned and records of actual purchases from the previous year to the Minister of Employment and Labor no later than the last day of February of every year.
(2) Matters necessary for submission of purchasing plans and records of actual purchases of products from a standard workplace for disabled persons shall be determined by Ordinance of the Ministry of Employment and Labor.
<This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013>
- Article 24 (Preferential Treatment of Excellent Employers who Employ Disabled Persons)
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(1) The Minister of Employment and Labor may select those employers setting a model of employing disabled persons as excellent employers employing disabled persons, and take such measures as supporting their business, etc. (hereinafter referred to as the “preferential treatment”).
"(2) The State, local governments and public institutions as determined in Article 4 of the Act on the Management of Public Institutions may give priority to good business proprietors employing persons with disabilities when concluding a contract for goods or services.
(3) Necessary matters concerning the selection, preferential treatment, etc. of such good business proprietors in the employment of persons with disabilities under paragraph (1) shall be prescribed by Presidential Decree.
- Article 24 (Preferential Treatment of Excellent Employers who Employ Disabled Persons)
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(1) The Minister of Employment and Labor may select those employers setting a model of employing disabled persons as excellent employers employing disabled persons, and take such measures as supporting their business, etc. (hereinafter referred to as the “preferential treatment”).
(2) Necessary matters concerning the selection, preferential treatment, etc. of excellent employers employing disabled persons under paragraph (1) shall be prescribed by the Presidential Decree.
- Article 24 (Preferential Treatment of Excellent Employers who Employ Disabled Persons)
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(1) The Minister of Employment and Labor may select those employers setting a model of employing disabled persons as excellent employers employing disabled persons, and take such measures as supporting their business, etc. (hereinafter referred to as the “preferential treatment”).
(2) Necessary matters concerning the selection, preferential treatment, etc. of excellent employers employing disabled persons under paragraph (1) shall be prescribed by the Presidential Decree.
- Article 25 (Provision of Data to Employers)
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The Minister of Employment and Labor shall provide employers who employ or intend to employ disabled persons with information and other data on such matters as the physical and mental conditions, vocational skills, etc. of disabled persons.
- Article 26 (Survey on Actual Status of Disabled Persons)
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(1) The Minister of Employment and Labor shall, for the employment promotion and vocational rehabilitation of disabled persons, conduct a nationwide survey every year on the actual status of the employment conditions of disabled persons, such as types of jobs, forms of labor, length of continued service, levels of wages, etc., and the actual status of disabled workers’ industrial accidents.
(2) Matters to be included in the survey on the actual state as prescribed in paragraph (1) and the survey methods and procedures shall be determined by Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 8507, Jul. 13, 2007>
- Article 26-2 (Holding of Skills Competitions for Disabled Persons)
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(1) The Minister of Employment and Labor and the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Do Governor, or Special Self-Governing Province Governor may hold a skills competition for disabled persons for the purpose of calling the attention of the society and enterprises to the employment of disabled persons and enhancing the skills of disabled persons.
(2) The Minister of Employment and Labor may partially subsidize the cost necessary to hold a skills competition for disabled persons prescribed in paragraph (1).
(3) Matters necessary for participating in and holding a skills competition for disabled persons prescribed in paragraph (1), including the qualifications for participation, etc., shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 14789, Apr. 18, 2017]
- Article 26-3 (Holding of International Abilympics, etc.)
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(1) The Minister of Employment and Labor may dispatch a team of players to the International Abilympics, or hold the event in the Republic of Korea, in order to enhance the skills of disabled persons through international exchange and to promote their social participation.
(2) Matters necessary for participating in and holding the International Abilympics prescribed in paragraph (1), including the criteria for selecting players to participate in the International Abilympics, etc., shall be prescribed by Presidential Decree.
(3) Where it is necessary to prepare for and operate the International Abilympics prescribed in paragraph (1) to be held in the Republic of Korea, the Minister of Employment and Labor may request administrative and financial support from the relevant central administrative agencies, local governments, and corporations, institutions and organizations such as public institutions prescribed in the Act on the Management of Public Institutions.
<This Article Newly Inserted by Act No. 14789, Apr. 18, 2017>
Enforcement Ordinance
- Article 22-2 (Hosting of Abilympics)
(1) The Minister of Employment and Labor shall host national-level abilympic games (hereinafter referred to as “national abilympics”) on a yearly basis except in special cases as prescribed by Article 26-2 paragraph (1).
(2) City mayors or governors shall host abilympic games (hereinafter “local abilympics”) at the level of special metropolitan city, metropolitan city, metropolitan autonomous city or special self-governing province (hereinafter referred to as “city/province”) except in special cases as prescribed by Article 26-2 paragraph (1). Individual abilympic games may be open only to persons with developmental disabilities as prescribed by Article 2 subparagraph (1) of the Act on Guarantee of Rights of and Support for Persons with Developmental Disabilities (hereinafter referred to as “abilympics for persons with developmental disabilities.”)
(3) In cases where a mayor or a governor cannot host local abilympics or abilympics for persons with developmental disabilities due to special circumstances, the Minister of Employment and Labor may host them in his/her stead.
(4) In order to successfully host the abilympic games, the Minister of Employment and Labor may discuss the following matters with the mayor or governor in advance:
1. The date and place for the national abilympics
2. The date and place for local abilympics or abilympics for persons with developmental disabilities and determination of their hosting
3. Other matters deemed necessary for success of the abilympics.
(5) The Minister of Employment and Labor or the mayor or governor shall announce the place and date of the event, sport entries and participation qualifications two months before the abilympics begin.
(6) Matters necessary for the hosting of the event other than those determined in paragraphs (1) through (5) shall be decided and announced by the Minister of the Employment and Labor or the mayor or governor.
Enforcement Ordinance
- Article 22-3 (Qualification and Applications to Participate)
(1) Those eligible to participate in the abilympic games shall be persons with disabilities as prescribed by Article 3 and be at least fifteen years of age on the opening date of the event.
(2) Those eligible to participate in national abilympics shall be prize winners of local abilympics or abilympics for persons with developmental disabilities that qualify for the standards established by the Minister of Employment and Labor.
(3) Persons to whom any of the following subparagraphs apply, notwithstanding paragraphs (1) and (2), shall not participate in abilympics:
1. Those who have already won a prize in the same sport entry during international or national abilympics.
2. Those found to have committed foul play in an abilympic games event, three years having not passed since the event .
(4) Those who intend to participate in an abilympic games event shall apply by submitting documents (including electronic documents) to the Minister of Employment and Labor or the mayor or the governor as prescribed by Ordinance of the Ministry of Employment and Labor or as determined by the mayor or governor.
This means some confusing time after 3 years after the event. Are you certain this should not simply say “three years having not passed since the event”? That would be far clearer and simpler to calculate.
Enforcement Ordinance
- Article 22-4 (Standards of Selection for International Abilympics etc.)
(1) The Minister of Employment and Labor shall select the players to participate in international abilympics from among prize winners of national abilympics as prescribed by Article 26-3 paragraph (1) of the Act through selection contests: Provided, That in cases where it is difficult to select among prize winners of national abilympics due to a sport being newly introduced or for other justifiable reasons, the Minister of Employment and Labor may hold a selection contest for those who meet the standards established and announced by the Minister of Employment and Labor (those to whom Article 22-3 paragraph (3) subparagraph (2) apply are excluded).
(2) Those who intend to participate in a selection contest as prescribed in paragraph (1) shall apply by submitting documents to the Minister of Employment and Labor as determined by Ordinance of the Ministry of Employment and Labor.
(3) Matters necessary for the selection of players for international abilympics and hosting of selection contests etc. besides matters determined by paragraphs (1) and (2) shall be determined and announced by the Minister of Employment and Labor.
Enforcement Ordinance
- Article 22-5 (Awards and Prize Money)
(1) The Minister of Employment and Labor or the mayor or the governor may grant awards, classified as gold, silver, and bronze prizes, to those who have given brilliant performances in abilympics.
(2) Awards and decorations may be conferred on those who win prizes in national abilympics or international abilympics as prescribed by the Awards and Decorations Act or the Governmental Citation Regulations.
(3) The Minister of Employment and Labor or the mayor or the governor may confer prize money on prize winners at national or international abilympics.
(4) The Minister of Employment and Labor or the mayor or the governor may nullify awards conferred on those who won it through dishonesty, and may order a deduction of the prize money or its return. Determination of dishonesty or fraud in winning awards shall be determined and announced by the Minister of Employment and Labor or the mayor or the governor.
(5) The type of prize money conferred, the scope of recipients, the amount of prize money, the standards for conferment of prize money as prescribed by paragraph (3), and matters necessary for nullification of awards, deductions or orders for return as prescribed by paragraph (4) shall be determined and announced by the Minister of Employment and Labor or the mayor or the governor.
[Newly Inserted to the Act October 17, 2017]
