ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS [See entire ACT]
CHAPTER Ⅵ Supplementary Provisions
- Article 75 (Counsellors, etc. for Working Life of Disabled Persons)
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(1) The Minister of Employment and Labor shall train specialized personnel, such as counsellors for working life of disabled persons, etc., who are in charge of the employment promotion and vocational rehabilitation of disabled persons, including vocational guidance, vocational adaptation training, vocational skills development training, and post-employment adaptation guidance for disabled persons.
(2) Employers employing disabled workers in the number not less than that prescribed by the Presidential Decree shall employ counsellors for working life of disabled persons under paragraph (1).
(3) The Minister of Employment and Labor shall, if deemed necessary, support rehabilitation institutes under Article 9 (2) upon receipt of a request for cooperation concerning specialized personnel under paragraph (1).
(4) Necessary matters concerning types, training, placement, roles, qualifications, etc. of specialized personnel under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
Enforcement Ordinance
- Article 80 (Employment of Counsellor for Working Life of Disabled Persons)
(1) Employers required to employ counsellors for working life of disabled persons (hereinafter referred to as “counselor”) pursuant to Article 75 (2) of the Act are those ordinarily employing 10 or more disabled workers：Provided that an employer ordinarily lemploying less than 10 disabled workers may employ a counselor in consideration of the characteristics of each type of disability, as prescribed by the Ordinance of the Ministry of Employment and Labor.
(2) Any employer required to employ a counselor shall employ a counselor within 90 days from the date on which such circumstances arise.
- Article 76 (Report, Inspection, etc.)
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(1) The Minister of Employment and Labor may, if deemed necessary for the implementation of business, such as the investigation of actual status of disabled persons, the monitoring of compliance with the obligation to employ disabled persons, employment subsidies and various supports for employers, the collection of contributory charges, etc., have a competent public official enter a workplace to inquire related persons, inspect relevant documents or demand a necessary report.
(2) A public official entering a workplaces under paragraph (1) shall carry an identification showing his/her authority and present it to related persons. In this case, the identification card of the public official may serve as a substitute for the said identification.
- Article 77 (Supports under Tax Systems)
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With respect to the contributions or donations from non-government persons under subparagraph 1 of Article 69, the employment subsidies under subparagraph 2 of Article 71, and the supports under subparagraphs 4 through 9 and 14 of the same paragraph, the taxes therefor shall be reduced or exempted under the conditions as prescribed by the Restriction of Special Taxation Act.
- Article 78 (Support for Expenses)
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The State and local governments may support any person who conducts a project to promote the employment of disabled persons with all or part of the expenses required therefor, under the conditions as prescribed by the Presidential Decree.
Enforcement Ordinance
- Article 81 (Support for Expenses)
The State and local governments may, pursuant to Article 78 of the Act, provide employers and rehabilitation agencies that conduct any of the following projects and other organizations involved in welfare facilities for disabled persons which carry out the work of promoting the employment of disabled persons, with all or part of the expenses within the budgetary limit：
1. Employment promotion and vocational rehabilitation projects for disabled persons；
2. Surveys, research, publicity campaigns and various contests aimed at employment promotion for disabled persons；
3. Other projects deemed necessary by the head of a state agency or a local government for the employment promotion and vocational rehabilitation of disabled persons.
- Article 79 (Special Case Concerning State and Local Governments)
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(1) Notwithstanding Article 28, where the heads of the agencies specified in the subparagraphs of Article 27 (6) have at least 50 non-public-official employees at all times, he or she shall employ persons with disabilities at least at the ratio according to the following classification in proportion to the total number of such non-public-official employees under his, her, or its jurisdiction. In such cases, if the number has a decimal point, it shall be rounded down to the nearest whole number in calculating the number of persons with disabilities constituting the mandatory employment ratio:
1. From January 1, 2021 to December 31, 2021: 34/1,000;
2. From January 1, 2022 to December 31, 2022: 36/1,000;
3. After 2024 : 38/1,0000
(2) Where non-public-official employees are employed pursuant to paragraph (1), with respect to such employees, Articles 19-2, 21, 22 (3), 22(4), 29, 33, 33-2, 34 through 36, 38 through 40, 41 (excluding paragraph (1) 6 and 2 (5) of the same Article), and 42 (excluding subparagraph 1 of the same Article) shall apply mutatis mutandis.
(3) In calculating the ratio prescribed in paragraph (1), any of the following persons shall be excluded from the total number of employees or persons with disabilities:
1. Persons who work as an intern pursuant to Article 26-4 of the State Public Officials Act;
2. Persons to be appointed as public officials who are on training (including those undergoing on-the-job training) prescribed in Article 50 (1) of the State Public Officials Act or Article 74 (1) of the Local Public Officials Act;
3. Other persons, among those prescribed by Ordinance of the Ministry of Employment and Labor, who are employed pursuant to the welfare measures, unemployment measures, etc. of the State or local governments.
[This Article Wholly Amended by Act No. 14500, Dec. 27, 2016]
- Article 80 (Cooperation)
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(1) The State agencies, local governments, rehabilitation institutes and other agencies or organizations relating to disabled persons shall cooperate in the policies executed by the Minister of Employment and Labor for the employment promotion and vocational rehabilitation of disabled persons.
(2) The Minister of Employment and Labor may grant necessary support to a person who carries out policies under paragraph (1) (excluding State agencies and local governments).
- Article 81 (Request, etc. for Furnishing Material)
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(1) The Minister of Employment and Labor may, if deemed necessary for the efficient operation of projects for the employment promotion and vocational rehabilitation of disabled persons, request central administrative agencies, local governments, and institutions and organizations involved in projects for the employment promotion and vocational rehabilitation of disabled persons to access to the relevant computer network or materials about national tax, local tax, income, property, health insurance, national pension, immigration, resident registration, family relation registration, disability registration information prescribed by Presidential Decree.
(2) The Agency, etc. that is delegated or entrusted with part of the authority of the Minister of Employment and Labor pursuant to Article 82 may request relevant administrative institutions including the Ministry of Security and Public Administration, the Ministry of Health and Welfare, the Ministry of Land and Transport Affairs, the National Tax Service and local government, etc., or institutions or organizations which are relevant to projects for the employment promotion and vocational rehabilitation of disabled persons to access to the relevant computer network or materials about national tax, local tax, income, property, health insurance, national pension, immigration, resident registration, family relations registration, disability registration information prescribed by Presidential Decree and necessary to impose and collect contributor charges, the employment promotion and vocational rehabilitation of disabled persons and other delegated or entrusted duties.
(3) The Agency, etc. that is delegated or entrusted with part of the authority of the Minister of Employment and Labor pursuant to Article 82 may use an information system pursuant to Article 6-2 (2) of the Social Welfare Services Act for the confirmation of materials under paragraph (1) and (2).
(4) Any person who is requested to access to the relevant internet network or materials under paragraphs (1) and (2) shall accept the request unless there is justifiable grounds for not doing so.
(5) A person who performed duties through a relevant internet network or materials under paragraphs (1) to (3) shall not use materials offered pursuant to paragraph (1) to (3) and information which is obtained while performing duties for any use outside of the purpose determined in this Act, nor shall receivers of such data reveal it to other persons or institutions.
(6) Accessing to the relevant internet network or materials pursuant to paragraph (1) and (2) shall be exempt from commissions and royalties, etc.
<Title of this Article Amended by Act No. 11570, Dec. 18, 2012>
Enforcement Ordinance
- Article 81-2 (Request for Provision of Materials)
"Relevant electronic networks or materials prescribed by the Presidential Decree" in Article 81 (1) and (2) of the Act refers to any of the following electronic networks or materials:
1. Electronic networks or materials concerning wage and salary incomes under Article 20 of the Income Tax Act, such as a report on the status of tax withholding, a book of wage and salary income taxes withheld for each income earner and a statement on wage and salary payment for daily workers;
2. Electronic networks or materials concerning property, such as a certified copy of the land and building register, a certified copy of the farmland register, a certified copy of the motor vehicle and construction machinery register and a certified copy of the ship register;
3. Electronic networks or materials concerning the collection of insurance premiums, delinquency in payment, etc., under the National Health Insurance Act and the National Pension Act; and
4. Electronic networks or materials concerning registration of disabled persons and disability grades, immigration control, resident registration, corporate registration, family relation registration, etc.
<This Article Newly Inserted by Presidential Decree No. 24614, Jun. 17, 2013>
Enforcement Ordinance
- Article 82 (Delegation or Entrustment of Authority)
(1) Pursuant to Article 82 of the Act, the Minister of Employment and Labor shall delegate his/her authority over the following matters to the heads of local employment and labor offices:
1. Order of submission of a plan for employment of disabled persons and a record of employment status, order of revision of a plan for employment of disabled persons and publication of details of a failure to perform the obligation relating to employment of disabled persons under Article 29 of the Act (excluding the matters referred to in paragraph (2) 17);
2. Reports and inspections under Article 76 of the Act (limited to cases where it is necessary for dealing with the delegated business affairs);
3. Matters concerning the imposition and collection of fines for negligence under Article 86 of the Act; and
4. Approval for disposition on default of charges and disposal of deficits under paragraph (3).
(2) Pursuant to Article 82 of the Act, the Minister of Employment and Labor shall entrust his/her authority over the following matters to the Agency:
1. Vocational guidance under Article 10 of the Act;
2. Vocational adaptation training under Article 11 of the Act;
3. Vocational skills development training under Article 12 of the Act;
4. Supportive employment under Article 13 of the Act;
5. Job placement services under Article 15 of the Act;
6. Establishment, etc. of job placement computer networks under Article 16 of the Act;
7. Support for self-employed disabled persons under Article 17 of the Act;
8. Support for disabled workers under Article 18 of the Act;
9. Post-employment adaptation guidance under Article 19 of the Act;
9-2. Duties relating to the provision of personal assistance services under Article 19-2 of the Act;
10. Employment guidance for employers under Article 20 of the Act;
11. Loans or subsidies for employers employing disabled workers under Article 21 of the Act;
12. Loans or subsidies for standard workplaces for disabled persons under Article 22 of the Act;
12-2. Receipt of purchase plans for products of standard workplaces for disabled persons and purchase records for the previous year under Article 22-3 (2) of the Act;
12-3. Certification of standard workplaces for disabled persons, revocation thereof and public notification of such certification and revocation under Article 22-4 of the Act;
13. Cancellation of undue loans or support, collection of undue loans or subsidies, requests for correction and restrictions on loans or support under Article 23 of the Act;
14. Selection and preferential treatment of exemplary employers employing disabled persons under Article 24 of the Act;
15. Provision of materials concerning disabled persons to employers under Article 25 of the Act;
Enforcement Ordinance
- Article 82-2 (Management of Sensitive Information and Unique Identifying Information)
The Minister of Employment and Labor (including any person to whom the authority of the Minister of Employment and Labor has been delegated and entrusted pursuant to Article 82), the Minister of Health and Welfare or the Agency may manage information on health under Article 23 of the Personal Information Protection Act, criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the same Decree if it is inevitable in order to carry out the following business affairs:
1. Business affairs concerning vocational guidance under Article 10 of the Act;
2. Business affairs concerning vocational adaptation training under Article 11 of the Act;
3. Business affairs concerning vocational skills development training under Article 12 of the Act;
4. Business affairs concerning supportive employment under Article 13 of the Act;
5. Business affairs concerning job placement, etc., under Article 15 of the Act;
6. Business affairs concerning coordination, etc., between job placement agencies under Article 16 of the Act;
7. Business affairs concerning post-employment adaptation guidance under Article 19 of the Act;
8. Business affairs concerning provision of personal assistance services under Article 19-2 of the Act;
9. Business affairs concerning support for employers who employ disabled persons under Article 21 of the Act;
10. Business affairs concerning support for standard workplaces for disabled persons under Article 22 of the Act;
11. Business affairs concerning cancellation of undue loans or support, collection of undue loans or subsidies, requests for correction and restrictions on loans or support under Article 23 of the Act;
12. Business affairs concerning plans for employment of disabled persons and reports on implementation status under Article 29 of the Act;
13. Business affairs concerning payment of subsidies for employing disabled persons under Article 30 of the Act;
14. Business affairs concerning report of illegal receipt of subsidies for employing disabled persons and payment of reward money therefor under Article 32 of the Act;
15. Business affairs concerning report, payment, etc., of contributory charges relating to employment of disabled persons under Article 33 of the Act;
16. Business affairs concerning appropriation and refund of overpaid or erroneously paid amounts under Article 34 of the Act;
17. Business affairs concerning the creation and management of computer networks for job placement and related services, such as publicity, education and skills contests for disabled persons under Article 43 (2) 8 of the Act;
18. Business affairs concerning identification of reasons for disqualification of officers under Article 51 of the Act; and
19. Business affairs concerning training of counsellors for working life of disabled persons under Article 75 of the Act.
<This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012>
Enforcement Ordinance
- Article 82-3 (Review of Regulations)
With regard to the following matters, the Minister of Employment and Labor shall review their reasonableness and take measures, such as making improvements, every three years (referring to no later than the day before the same day as the reference date of every third year) starting on the reference date referred to in the following subparagraphs:
1. Matters concerning the assignment of counselors for working life of disabled persons under Article 80: January 1st, 2014;
2. Criteria for imposition of fines for negligence under Article 83 and in Table 2: January 1st, 2014.
<This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013>
- Article 83 (Relations with Other Acts)
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Matters not provided for in this Act shall be governed by the labor-related statutes such as the Labor Standards Act, the Employment Security Act, and the Act on the Development of Vocational Skills of Workers.
- Article 84 (Penal Provisions)
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A person who receives an employment subsidy in a false or any other fraudulent way as set forth in Article 31 (1) 1 shall be punished by imprisonment for not more than five years or by a fine not exceeding ten million won.
- Article 84-2 (Penal Provisions)
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A person who divulges or illegally uses confidential information in violation of Article 65-2 shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won.
<This Article Newly Inserted by Act No. 8817, Dec. 27, 2007>
- Article 85 (Joint Penal Provisions)
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If the representative of a juristic person or, an agent, a servant or any other employee of a juristic person or an individual commits the offense prescribed in Article 84 in relation to the business of the juristic person or individual, the fine prescribed in the same Article shall be imposed on the juristic person or individual, in addition to the punishment of the offender：Provided that this shall not apply unless the juristic person or individual neglects to give considerable attention and supervision to the business concerned in order to prevent such offence.
<This Article Wholly Amended by Act No. 9791, Oct. 9, 2009>
- Article 86 (Fines for Negligence)
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(1) Any of the following persons shall be subject to an administrative fine not exceeding ten million won:
1. A person who uses the name that includes the words “standardized workplace for persons with disabilities or similar names”, in violation of Article 22-4 (5);
2. A person who allows any third person to operate a standardized workplace for persons with disabilities using his or her name or trade name, or lends his or her certificate of certification to any third person in violation of Article 22-4 (6);
3. A person who violates an order under Article 29 (1) or (2).
(2) Any of the following persons shall be subject to an administrative fine not exceeding three million won:
1. A person who fails to conduct education for improving awareness of persons with disabilities in violation of Article 5-2 (1);
2. A person who fails to retain, for three years, the materials related to conducting education for improving awareness of persons with disabilities in violation of Article 5-2(3) or Article 5-3 (2).
(3) Any of the following persons shall be subject to an administrative fine not exceeding two million won:
1. A person who fails to make a declaration under Article 33 (5) or makes a false declaration;
2. A person who refuses, obstructs, or evades an inspection under Article 76 (1), fails to make a report or makes a false report.
(4) Any of the following persons shall be subject to an administrative fine not exceeding one million won:
1. A person who violates Article 66;
2. A person who violates Article 75 (2);
3. A person who refuses, obstructs, or evades an answer to the inquiry made pursuant to Article 76 (1), or provides a false answer thereto.
(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree.
(6) Deleted.
(7) Deleted.
Enforcement Ordinance
- Article 83 (Criteria for Imposition of Fines for Negligence)
The criteria for the imposition of fines for negligence under Article 86 (1) through (3) of the Act are provided for in Table 2.
<This Article Wholly Amended by Presidential Decree No. 21962, Dec. 31, 2009>
- Article 87 (Fictitious Public Official in Application of Penal Provisions)
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An officer and employee of the Agency which is entrusted with the affairs under this Act pursuant to Article 82 shall be regarded as a public official in the application of Articles 129 through 132 of the Criminal Act.
