ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS

CHAPTER I General Provisions

Article 1 (Purpose)

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)

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)

(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)

(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)

(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)

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)

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.)

(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)

(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)

(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>

CHAPTER Ⅱ Employment Promotion and Vocational Rehabilitation of Disabled Persons

Article 9 (Vocational Rehabilitation Institutes for Disabled Persons)

(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)

(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)

(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)

(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)

(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)

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.)

(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)

(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)

(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)

(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)

(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)

(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)

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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

(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)

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)

(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)

(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.)

(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]

CHAPTER Ⅲ Obligation to Employ Disabled Persons, and Contributory Charges

Article 27 (Obligation of State and Local Governments to Employ Disabled Persons)

(1) The State and the heads of local governments shall employ persons with disabilities at least at the ratio according to the following classification in proportion to the fixed number of public officials under his, her, or its jurisdiction:

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 : 38/1000

(2) Where the heads of agencies of the State or local governments (hereinafter referred to as "agencies of various levels") conduct examinations for new employment, they shall ensure that persons with disabilities are employed at least at the applicable ratio according to the subparagraphs of paragraph (1) for the relevant year in proportion to the total number of persons to be newly employed (where the number of public officials with disabilities currently in service accounts for less than the applicable ratio according to the subparagraphs of paragraph (1) for the relevant year, twice such applicable rate).

(3) Paragraph (2) shall apply mutatis mutandis where the head of a government agency with delegated power for employment and appointment recruits public officials without publicly offering such job opportunities.

(4) Paragraphs (1) and (2) shall not apply to public officials in the occupational group of public security service, public prosecutors, police officers, fire officers, public officials in security guard service, military personnel, etc.: Provided, That the State and the heads of local governments shall also strive to employ persons with disabilities as public officials in the occupational group of public security service as set forth in the main sentence of this paragraph.

(5) The maximum age limit for application for examinations and invitations for employment under paragraphs (2) and (3) shall be extended by three years for persons with severe disabilities, and by two years for other persons with disabilities, respectively.

(6) The head of any of the following agencies shall submit his or her plan to employ public officials with disabilities for subordinate agencies in various levels, including a plan to employ public officials and the status of implementation to the Minister of Employment and Labor, as prescribed by Presidential Decree:

1. The heads of State agencies determined by Presidential Decree, such as the Secretary General of the National Assembly, the Minister of National Court Administration, the Secretary General of the Department of Court Administration of the Constitutional Court, the Secretary General of the National Election Commission, and heads of central administrative;

2. The heads of local governments referred to in the Local Autonomy Act;

3. The superintendents of the offices of education referred to in the Local Education Autonomy Act.

(7) If a plan to employ public officials with disabilities submitted under paragraph (6) is deemed inappropriate, the Minister of Employment and Labor may request the person who submitted such a plan to revise it, and if the obligation to employ persons with disabilities under paragraph (1) is substantially neglected, he or she may publish the details thereof.

Enforcement Ordinance

Enforcement Ordinance

Article 23 (Submission of Plan, etc. for Employment of Disabled Public Officials)

(1) “The head of a national organization determined by Presidential Decree” means the head of a national organization described in the following subparagraphs.
1. The Secretary-General of the National Assembly, Minister of Court Administration, Secretary-General of the Constitutional Court Administration and Secretary-General of the National Election Commission.
2. The head of a national organization under item A of subparagraph 3 of Article 2 of the Decree on the Appointment of Public Officials;or
(2) The head of an institution described in subparagraphs of Article 27 (6) shall submit the status of implementation of the employment plans for disabled public servants of the previous year and employment plans for the year concerned by Jan. 31 of every year, and progress of the employment plan implementation for the first half of the year of the year concerned by Jul. 31 of the year concerned to the Minister of Employment and Labor.
This Article Wholly Amended by Presidential Decree No. 24614, Jun. 17, 2013>

Article 28 (Mandatory Employment of Disabled Persons by Employers)

(1) An employer who ordinarily employs not less than 50 workers (an employer whose value of construction work is equal to or higher than the amount determined and announced by the Minister of Employment and Labor, if it is difficult to identify the number of workers in the construction business) shall employ disabled persons at a ratio (any fraction less than one shall be discarded) equal to or higher than the ratio prescribed by the Presidential Decree (hereinafter referred to as “mandatory employment ratio”) within the extent of five percent of the total number of workers (if it is difficult to identify the total number of workers in the construction business, the total number of workers shall be calculated by converting the value of construction work, as prescribed by the Presidential Decree).
(2) Notwithstanding the provisions of paragraph (1), with respect to job types deemed suited to the abilities of specific disabled persons, the relevant employment ratio may be separately prescribed by the Presidential Decree. In this case, such ratio shall not be considered the mandatory employment ratio.
(3) The mandatory employment ratio shall be set every five years after taking into account the ratio of disabled persons to total population, the ratio of disabled workers to the total number of workers, the number of disabled persons without jobs, etc.
(4) Necessary matters concerning the calculation of the number of workers ordinarily employed and the value of construction work in the construction business under paragraph (1) shall be prescribed by the Presidential Decree.

Enforcement Ordinance

Article 24 (Estimation, etc. of Value of Construction Work)

(1) The value of construction work in the construction business under Article 28 (1) of the Act shall be equal to the value of total construction work minus the value of construction work which is legally subcontracted under the Framework Act on the Construction Industry or other relevant Acts and subordinate statutes.
(2) For the construction business in which the number of workers is difficult to identify pursuant to Article 28 (1) of the Act, the total number of workers shall be a number calculated according to the following formula (any fraction less than one shall be discarded):
The value of construction work under paragraph (1)/The amount determined and announced by the Minister of Employment and Labor pursuant to Article 28 (1) of the Act * 50persons
(3) In applying Article 28 (1) of the Act, the number of workers ordinarily employed shall be calculated by dividing the total number of workers employed for 16 days or more (referring to cases where the number of days in the payroll period is 16 days or more) each month of the relevant year by the number of working months (the months in which the number of working days is less than 16 shall not be counted) in the same year. In this case, for businesses that manage common housings under the Housing Management Act, the number of workers ordinarily employed shall be calculated on a workplace basis.

Article 25 (Mandatory Employment Ratio for Employers)
The mandatory employment ratio of ordinarily employed disabled workers, applicable to employers who have the obligation to employ disabled persons pursuant to Article 28 (1) of the Act, is as follows:Provided that if an employer directly establishes and operates a vocational rehabilitation facility for disabled persons under Article 9 (2) 3 of the Act, disabled workers in such a facility shall be included in the number of disabled workers the employer is obligated to employ:
1. From Jan. 1, 2015 to Dec. 31, 2016:27/1000
2. From Jan. 1, 2017 to Dec. 31, 2018:29/1000
3. From 2019:31/1000

Article 26 (Employment Ratio, etc. of Specific Disabled Persons)
Pursuant to Article 28 (2) of the Act, types of jobs deemed suitable for specific disabled persons and the scope and employment ratio of such disabled persons are provided for in the attached Table 1.

Enforcement Ordinance

Article 26 (Employment Ratio, etc. of Specific Disabled Persons)

Pursuant to Article 28 (2) of the Act, types of jobs deemed suitable for specific disabled persons and the scope and employment ratio of such disabled persons are provided for in the attached Table 1.

Article 28-2 (Special Case Concerning Mandatory Employment Ratio of Disabled Persons in Public Institutions)

Notwithstanding Article 28, public institutions prescribed in the Act on the Management of Public Institutions, local government-invested public corporations and local government public corporations prescribed in the Local Public Enterprises Act, and local government-invested institutions and local government-funded institutions referred to in the Act on the Operation of Institutions Provided with Investments or Funds by Local Governments shall employ disabled persons at least at the rate according to the following classification in proportion to the total number of their regular employees. In such cases, numbers below the decimal shall be rounded off in calculating the number of disabled persons equivalent to the mandatory employment rate:
1. From January 1, 2017 to December 31, 2018: 32/1,000;
2. From 2019: 34/1,000.
<This Article Wholly Amended by Act No. 14500, Dec. 27, 2016>

Article 28-3 (Special Case Concerning Calculation of Number of Disabled Persons to Be Employed)

In the case of calculating the number of disabled persons to be employed pursuant to Articles 27, 28, 28-2, 29, 33, and 79, the employment of a persons with severe disabilities shall be regarded as the employment of two disabled persons:Provided that persons with severe disabilities whose contractual working hours are less than what is prescribed by the Presidential Decree shall be excluded.
<This Article Newly Inserted by Act No. 9791, Oct. 9, 2009>

Enforcement Ordinance

Article 26-2 (Persons with Severe Disabilities Excluded from Special Case concerning Calculation of Number of Disabled Persons Employed)

“persons with severe disabilities whose contractual working hours are less than what is prescribed by the Presidential Decree” in the proviso to Article 28-3 of the Act refers to persons with severe disabilities whose contractual working hours are less than 60 hours a month.
<This Article Newly Inserted by Presidential Decree No. 21962, Dec. 31, 2009>

Article 29 (Establishment, etc. of Plans for Employment of Disabled Persons by Employers)

(1) The Minister of Employment and Labor may order employers to prepare and submit a plan for the employment of disabled persons and a report on the status of implementation thereof, under the conditions as prescribed by the Presidential Decree.
(2) The Minister of Employment and Labor may, if a plan under paragraph (1) is deemed inadequate, order the employer to revise it.
(3) If an employer under Article 28 (1) fails to perform substantially, without justifiable reasons, his/her obligation to establish a plan for the employment of disabled persons or to employ disabled persons, the Minister of Employment and Labor may publish the details of such failure to the general public.

Enforcement Ordinance

Article 27 (Submission of Plan on Employment of Disabled Persons, etc.)

Pursuant to Article 29 (1) of the Act, the Minister of Employment and Labor may require an employer obligated to employ disabled persons under Article 28 (1) of the Act to submit a report on implementation of plans for employment of disabled people for the previous year and employment plans for the current year by January 31st and a report on implementation of employment plans for the 1sthalf year for the current year by July 31st, as prescribed by Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Presidential Decree No. 20522, Jan. 3, 2008>

Article 30 (Payment of Subsidy for Employing Disabled Persons)

(1) The Minister of Employment and Labor may pay an employment subsidy to any employer who employs disabled persons (including employers to whom Article 28 (1) does not apply) for the employment promotion and job security of disabled persons.
(2) The amount of the employment subsidy shall be an amount obtained by subtracting the total number of disabled persons to be employed at the mandatory employment ratio (the same ratio shall be applied in paying an employment subsidy to an employer not subject to Article 28 (1)) from the total number of disabled workers (the figure shall be rounded up to the nearest whole number) employed ordinarily each month and then multiplying the resulting number by the payment unit under paragraph (3):Provided that in case where the employer shall pay contributory charges under Article 33, the amount of subsidy shall be obtained by subtracting such charges.
(3) The payment unit and period of the employment subsidy may be set otherwise but within the amount of minimum wages calculated monthly by the Minister of Employment and Labor in accordance with the Minimum Wages Act, after taking into account the basic amount of contributory charges under Article 33 (3), whether to apply the obligation to pay contributory charges, the wages paid to the disabled worker, the employment period, the degree of disability, etc., In this case, a preferential payment unit and period shall apply to persons with severe disabilities and disabled women.
(4) For disabled workers eligible for grants and subsidies under the Employment Insurance Act and the Industrial Accident Compensation Insurance Act and other disabled workers prescribed by the Presidential Decree, including those receiving support from the State or local governments for their employment promotion and job security, the payment of the employment subsidy may be restricted under the conditions as prescribed by the Presidential Decree.
(5) Necessary matters concerning the payment of and application for the employment subsidy under paragraph (1) shall be prescribed by the Presidential Decree, and the payment period, procedures, etc., shall be determined by the Minister of Employment and Labor.

Enforcement Ordinance

Article 28 (Payment of Employment Subsidies)

An employer who intends to receive an employment subsidy pursuant to Article 30 (1) of the Act shall apply for such subsidy to the Minister of Employment and Labor, as prescribed by the Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 29 (Restrictions on Payment of Employment Subsidies)

If an employer has received a grant or subsidy under any of the following Acts as disabled workers employed by him/her are subject to the payment of such grant or subsidy, he/she shall not be paid any grant under this Act during the duration of such grant or subsidy pursuant to Article 30 (4) of the Act:

1. Employment Insurance Act;

2. Industrial Accident Compensation Insurance Act; and

3. Social Enterprise Promotion Act.

Article 32-2 (Payment of Contributory Charges by the State, Local Government, etc. for failure to employ persons with Disabilities)

(1) Of those institutions to whom every subparagraph of Article 27 paragraph (6) applies, the head of an institution whose employment rate of persons with disabilities does not meet the mandatory employment rate as prescribed in paragraph (1) of the same Article shall pay a contributory charge for employment of persons with disabilities (hereinafter referred to as “contributory charge”) to the Minister of Employment and Labor on a yearly basis.
(2) With regards to payment of this contributory charge, paragraphs (2) through (11) of Article 33, Article 33-2, Articles 34 through 36, Articles 38 through 40, Article 41 (paragraph (1) subparagraph 6 and paragraph (2) subparagraph 6 are excluded) shall apply mutatis mutandis. In such cases, the “business proprietor” shall be deemed “the head of the agency as prescribed in every subparagraph of Article 27 paragraph (6),” the “mandatory employment rate” “mandatory employment rate as prescribed in Article 27 paragraph (1),” the “workers” as “civil servants.

Article 31 (Collection of Undue Benefits and Restrictions on Payment)

(1) In the event that any person who has received an employment subsidy in accordance with Article 30 falls under any of the following subparagraphs, the Minister of Employment and Labor shall collect the amount paid under the respective subparagraphs:Provided that in case of subparagraph 1, an amount prescribed by the Ordinance of the Ministry of Employment and Labor but not exceeding five times the amount paid shall be collected additionally:
1. Where he has received the employment subsidy in a false or any other fraudulent way;and
2. Where the employment subsidy has been paid by mistake.
(2) In executing additional collection under the proviso to paragraph (1) in the part other than each subparagraph, a person who reports voluntarily his/her fraudulent conduct within three months of the date on which he/she applies for employment subsidy in a false or any other fraudulent way may be exempted from such additional collection.
(3) With respect to any person who has received or attempted to receive an employment subsidy in a false or any other fraudulent way, the Minister of Employment and Labor shall restrict the payment of any employment subsidy to him/her for one year:Provided that this shall not apply if three years have passed since the employment subsidy was received.
(4) In applying paragraph (3), the period during which the payment of an employment subsidy is restricted shall be counted from the day when the Minister of Employment and Labor restricts that payment.

Enforcement Ordinance

Article 30 (Order, etc. to Return Undue Benefits or Other Payments)

(1) If a decision has been made to collect an employment subsidy or collect an additional amount pursuant to Article 31 (1) of the Act, the person liable for such payment shall be notified, without delay, of the payment of the amount.
(2) A person who has received a notification pursuant to paragraph (1) shall pay the amount due within 30 days of the date on which the notification is received.

Article 32 (Reward)

A person who reports or informs on a person who receives the employment subsidy referred to in Article 30 in a false or other fraudulent ways to a local employment and labor office, the Korea Employment Agency for the Disabled under Article 43 or an investigation agency shall be entitled to receive a reward, as prescribed by the Presidential Decree.

Enforcement Ordinance

Article 31 (Report, etc. of Fraudulent Recipients of Employment Subsidies)

(1) A person who intends to report a person (hereinafter referred to as “fraudulent recipient”) who has received an employment subsidy under Article 32 of the Act by false or other fraudulent means shall make that report to a local employment and labor office or the Agency as prescribed by the Ordinance of the Ministry of Employment and Labor.
(2) An investigating authority shall inform, without delay, the Agency of any report it has received regarding a fraudulent recipient of employment subsidy pursuant to Article 32 of the Act.
(3) If a person who has reported or accused a fraudulent recipient of employment subsidy under Article 32 of the Act intends to receive a reward (hereinafter referred to as “reward”) under the same Article, he/she shall request a reward to the Minister of Employment and Labor as prescribed by the Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 32 (Criteria for Payment of Rewards)

A reward shall be paid by the Minister of Employment and Labor in accordance with the following criteria and shall not exceed ten million won. In this case, the amount below the one thousand won unit of the estimated reward shall not be paid.
1. Where the amount of the employment subsidy received by false or other fraudulent means (hereinafter referred to as “fraudulently received amount” in this Article) is 100 million won or more:6 million won+(fraudulently received amount in excess of 100 million won×3/100);
2. Where the fraudulently received amount is 20 million won or more but less than 100 million won:2 million won+(fraudulently received amount in excess of 20 million won×5/100);and
3. Where the fraudulently received amount is less than 20 million won:fraudulently received amount×10/100.

Enforcement Ordinance

Article 33 (Deadline for Report or Accusation)

A reward shall be paid only for reports or accusations that are made within three years from the date on which the fraudulent recipient receives the employment subsidy.

Enforcement Ordinance

Article 34 (Payment of Rewards Upon Concurrent Reports or Accusations)

(1) If two or more persons report or accuse the same fraudulent receipt of an employment subsidy, such reports or accusations shall be regarded as a single report or accusation in calculating rewards.
(2) In the case of paragraph (1), the reward shall be properly divided among the informers in consideration of the extent to which each informer contributes to the finding of the fraudulent receipt, and so on, but if the persons entitled to the reward have agreed in advance on the division of the reward, then such reward shall be paid as agreed upon.

Enforcement Ordinance

Article 35 (Timing of Payment of Rewards)

A reward shall be paid after end of the objection period after the fraudulent recipient is notified of the collection of undue benefits (including the collection of additional amounts; hereinafter the same shall apply in this Article) under Article 31 (1) of the Act or after confirmation of the decision to collect undue benefits following conclusion of the objection procedure.

Article 33 (Payment of Contributory Charges Concerning Employment of Disabled Persons)

(1) A business owner who employs persons with disabilities (excluding business owners who regularly employ not exceeding 100 employees), but fails to meet the mandatory employment ratio shall pay a contributory charge to the Minister of Employment and Labor each year, as prescribed by Presidential Decree.

(2) The amount of contributory charges shall be the annual aggregate of the amount calculated by multiplying the total number of persons with disabilities whom the business owner is obligated to employ at the mandatory employment ratio less the number of persons with disabilities regularly employed each month by the base amount of contributory charges set forth in paragraph (3).

(3) The base amount of contributory charges shall be determined and publicly notified by the Minister of Employment and Labor, to an extent not less than 60/100 of the minimum wage calculated on a monthly basis under the Minimum Wage Act, subject to deliberation by the Employment Policy Deliberative Council, on the basis of average expenses incurred each month in employing persons with disabilities, as specified in the following, but may be increased according to the employment ratio of persons with disabilities (which means the ratio of the total number of persons with disabilities employed, to the total number of employees regularly employed each month) within up to one half of the base amount of contributory charges: Provided, That the base amount of contributory charges to be paid by a business owner shall be the minimum wage calculated on a monthly basis under the Minimum Wage Act for the month in which at least one person with disabilities is not regularly employed:

1. Expenses incurred in installing and repairing facilities and equipment required for the employment of persons with disabilities;

2. Expenses incurred in taking measures necessary for the proper management of employment of persons with disabilities;

3. Other expenses incurred particularly in employing persons with disabilities.

(4) The Minister of Employment and Labor may reduce or exempt the contributory charge payable by a standardized workplace for persons with disabilities that obtains certification prescribed in Article 22-4 (1), or a business owner that awards a contract to vocational rehabilitation facilities for persons with disabilities prescribed in Article 58 (1) 3 of the Act on Welfare of Persons with Disabilities to be supplied with the products thereby manufactured by such facilities.

(5) Any business owner shall prepare and declare matters prescribed by Presidential Decree and necessary for calculating contributory charges and pay the contributory charge for the pertinent year to the Minster of Employment and Labor by no later than January 31 of the following year (within 60 days from the date he or she discontinues or closes his or her business during the year).

(6) Where a business owner fails to declare by time limit set forth in paragraph (5), the Minister of Employment and Labor may investigate the business to collect the contributory charge.

(7) Where a business owner who has declared or paid a contributory charge under paragraph (5) (including where he or she has filed a revised declaration prescribed in paragraph (8); hereafter in this Article the same shall apply), falls under any of the following, the Minister of Employment and Labor may investigate the relevant matters and collect the amount of the contributory charge payable by the relevant business owner:

1. Where the amount of a contributory charge declared by a business owner falls short of the actual amount payable by him or her;

2. Where the amount of a contributory charge paid by a business owner falls short of the amount of the contributory charge declared by him or her;

3. Where a business owner has failed to pay the amount of a contributory charge he or she has declared.

(8) Where the amount of a contributory charge a business owner has declared under paragraph (5) is less than the actual amount of the contributory charge payable by him or her, he or she may file a revised declaration and pay the difference by the end of February of the relevant year, as prescribed by Presidential Decree.

(9) Where the amount of a contributory charge a business owner has paid is greater than the actual amount of the contributory charge payable by him or her, the Minister of Employment and Labor shall refund the amount calculated by adding the amount of interest computed by applying the interest rate prescribed by Presidential Decree to the excess amount, as prescribed by Presidential Decree.

(10) The contributory charge may be paid in installments, as prescribed by Presidential Decree. In such cases, where the contributory charge payable in installments is fully paid by the time limit for payment set forth in paragraph (5), a certain amount prescribed by Presidential Decree may be deductible by up to 5/100 of the amount of the contributory charge.

(11) Matters necessary for the standards of contracts under paragraph (4), and other requisites, criteria, etc. for the reduction or exemption of the contributory charge shall be determined by the Minister of Employment and Labor.

Article 33-2 (Payment of Contributory Charges, etc. with Credit Cards, etc.)

(1) A person obliged to pay a contributory charge or any other charge under this Act (hereafter in this Article referred to as “contributory charge, etc.”) may pay a contributory charge, etc. with a credit card, debit card, etc. (hereafter in this Article referred to as “credit card, etc.”) through a credit card company, etc., permitted by Presidential Decree to provide the service for vicarious payment of contributory charges, etc. (hereafter in this Article referred to as “service provider for payment of contributory charges, etc.”).
(2) Where a contributory charge, etc. is paid by a credit card, etc., the date of approval by a service provider for payment of contributory charges, etc. shall be deemed the date of payment of the contributory charge, etc.
(3) A service provider for payment of contributory charges, etc. may receive fees from a person obliged to pay contributory charges, etc. in return for the service for vicarious payment of contributory charges, etc. by a credit card, etc.
(4) Matters necessary for the operation, fees, etc. of service providers for payment of contributory charges, etc. shall be prescribed by Presidential Decree.
<This Article Newly Inserted by Act No. 14500, Dec. 27, 2016>

Enforcement Ordinance

Article 36 (Payment, etc. of Contributory Charges Concerning Employment of Disabled Persons)

(1) Employers shall, pursuant to Article 33 (1) and (5) of the Act, report and pay contributory charges concerning employment of disabled persons (hereinafter referred to as “contributory charges”) for the relevant year to the Minister of Employment and Labor by filing a report that contains the following matters:

1. Name of the employer and name and location of the workplace;

2. Number of workers employed for 16 days or longer each month of the relevant year and number of disabled workers employed for 16 days or longer each month of the relevant year (referring to each month following the month containing the commencement date of business if business commences in the middle of the relevant year, and each month preceding the month containing the closure date of business if business is closed in the middle of the relevant year);

3. Amount of contributory charges for the relevant year and a list of monthly payments (If no contributory charges are due, this shall be specified);and

4. Other matters determined by the Minister of Employment and Labor.

(2) The report specified in paragraph (1) shall be accompanied by documents that can prove that the disabled workers of the workplace concerned meet the criteria for disabled persons under this Decree.

(3) The Minister of Employment and Labor shall give a payment period of 10 days or longer when collecting contributory charges or additional charges pursuant to Article 33 (6) and (7) of the Act.

Enforcement Ordinance

Article 37 (Refund of Contributory Charges)

(1) In cases where an employer has overpaid contributory charges, the Minister of Employment and Labor shall determine the exceeding amount as a contributory charge refund and immediately notify the employer of this fact in accordance with Article 33 paragraph (9) of the Act.
(2) In cases where the Minister of Employment and Labor notifies an employer of the amount of contributory charge refund in accordance with paragraph (1), the Minister shall determine the amount of money calculated by the interest rate of the additional payments on national tax refunds over the period from the day following the day as prescribed in the following subparagraphs to the date of refund as prescribed by Article 43-3 paragraph (2) of the Enforcement Decree to the Framework Act on National Taxes as an additional payment on tax refunds and notify the employer of this at the same time.
1. Where a refund is taking place after discovery of erroneous or double payment or other mistaken payment: the date of the payment. Provided, That if the contributory charges were paid in two or more installments, the date shall be determined as follows:
a. Where the contributory charge refund is less than or equal to the last installment: the date of the last installment
b. Where the contributory charge refund is larger than the last installment: the retroactive date of the installment in chronological order
2. Where the refund is taking place due to a reduction of contributory charges or other reason besides subparagraph 1: the date of determination.
(3) In addition to matters prescribed in paragraphs (1) and (2), those necessary for the payment of a contributory charge refund and additional payments on tax refunds shall be determined by the Minister of Employment and Labor.

Enforcement Ordinance

Article 38 (Payment of Contributory Charges in Installments)

(1) Payment of contributory charges in installments pursuant to Article 33 (10) of the Act shall be limited to cases where the contributory charges to be paid for the relevant year amount to one million won or more.
(2) When paying contributory charges in installments pursuant to paragraph (1), the employer shall divide the amount equally into the four quarters of the relevant year and pay the initial installment within 90 days of the beginning of the relevant year, second installment by the 31st of May, third installment by the 31st of July and fourth installment by the 30th of September.
(3) A person who intends to pay contributory charges in installments pursuant to paragraphs (1) and (2) shall submit to the Minister of Employment and Labor an application for payment of contributory charges in installments, prescribed by the Ordinance of the Ministry of Employment and Labor.
(4) “Amount set by the Presidential Decree” in the latter part of Article 33 (10) of the Act shall be 3/100 of the amount of contributory charges.

Enforcement Ordinance

Article 38-2 (Payment of Contributory Charges with Credit Cards etc.)

(1) The term “credit card businesses etc. determined by Presidential Decree” in Article 33-2 paragraph (1) means the institutions in the following subparagraphs:
1. Financial telecommunications and clearings institutes established by the Financial Services Commission as prescribed in Article 32 of the Civil Act;
2. Institutions that the Minister of Employment and Labor designates and announces in consideration of the facilities, performance capabilities, amount of capital etc. of institutions that provide the credit card, debit card etc. (referred to as “credit card etc.” in this Article).
(2) The Minister of Employment and Labor shall accept a payment commission as prescribed in Article 33-2 paragraph (3) after comprehensive consideration of the management expenses of institutions as determined in the subparagraphs of paragraph (1) etc. This payment commission shall not exceed one one-thousandth of the amount that is paid.
(3) In addition to matters prescribed by paragraphs (1) and (2), the Minister of Employment and Labor shall determine and announce contributory charges paid with credit card etc. and matters necessary for payment of the collected amount.

Article 34 (Appropriation and Refund of Overpayment or Erroneous Payment of Contributory Charges, etc.)

When the Minister of Employment and Labor intends to refund contributory charges or other charges under this Act or fees associated with the disposition on default paid erroneously by an employer or has to pay an employment subsidy to an employer under Article 30, he/she may appropriate them first for the contributory charges required to be paid and other charges under this Act, following the order prescribed by the Presidential Decree, and then refund or pay the balance thereof to the relevant employer.

Enforcement Ordinance

Article 39 (Appropriation and Refund of Overpayment or Erroneous Payment of Contributory Charges, etc.)

(1) "The order prescribed by the Presidential Decree” in Article 34 of the Act means the order set forth in the following subparagraphs: In such cases, if there are two or more contributory charges or other charges falling into the same priority category in the order, then the one due on an earlier date shall take priority:

1. Fees associated with the disposition on default under Article 37 of the Act;

2. Arrears under Article 35 (2) of the Act;

3. Additional charges under Article 35 (1) of the Act; and

4. Contributory charges under Article 33 of the Act.

(2) If when paying contributory charges or other charges, an employer is entitled to receive an employment subsidy under Article 30 of the Act or a refund under Article 33 (7) of the Act, he/she may request the Minister of Employment and Labor to appropriate such subsidy or refund for the payment of the contributory charges or other charges under Article 34 of the Act.

(3) If the Minister of Employment and Labor intends to appropriate any employment subsidy or overpaid or erroneously paid contributory charges, etc. for the payment of contributory charges or other charges or to refund the balance thereof pursuant to Article 34 of the Act, he/she shall inform the employer of this.

Article 35 (Collection of Additional Charges and Arrears)

(1) The Minister of Employment and Labor shall, if he/she collects contributory charges pursuant to Article 33 (6) and (7) subparagraphs 1, collect as additional charges an amount equivalent to 10/100 of the contributory charges that the employer is required to pay.
(2) Notwithstanding paragraph (1), with respect to the difference to be additionally paid by a business proprieter following a revised declaration prescribed in Article 33 (8), the Minister of Employment and Labor may reduce the surcharge referred to in paragraph (1) by half.
(3) The Minister of Employment and Labor shall, whenever a person obliged to pay a contributory charge fails to pay it within the deadline for payment prescribed in Article 33 (5) (it shall be by the end of February in the case of a business proprietor who has filed a revised declaration under paragraph (8) of the same Article), collect overdue charge on a monthly basis as prescribed by Presidential Decree for the overdue period of not more than 36 months, considering the overdue interest rate of banks as defined in Article 2 of the Banking Act.
(4) The collection of the surcharge or overdue charge pursuant to paragraphs (1) through (3) may be waived, if is deemed that the amount thereof is negligible or that the collection thereof is considered improper, or there is any other relevant ground prescribed by Presidential Decree.

Enforcement Ordinance

Article 40 (Collection of Arrears)

(1) If a person obligated to pay contributory charges fails to pay such contributory charges until the payment deadline, the Minister of Employment and Labor shall collect arrears equivalent to 12/1000 of the overdue amount and additionally collect arrears equivalent to 12/1000 of the overdue amount each month after end of the payment deadline pursuant to Article 35 (2) of the Act.

(2) If the period during which arrears are imposed pursuant to paragraph (1) exceeds 36 months, the period of imposition of arrears shall be 36 months.

Enforcement Ordinance

Article 41 (Exceptions to Collection of Additional Charges and Arrears)

(1) Additional charges under Article 35 (1) of the Act shall be exempted in any of the following cases pursuant to Article 35 (4) of the Act:
1. Where the amount of additional charges is less than 3000 won;
2. Where the Minister of Employment and Labor deems that there is a natural disaster or any other unavoidable circumstance.
(2) Arrears under Article 35 (3) of the Act shall be exempted in any of the following cases pursuant to Article 35 (4) of the Act:
1. Where the amount of arrears is less than 3000 won;
2. Where the payment is urged through the sending of a public notice because the address, residence, place of business or office of the obligor is unknown;or
3. Where there is suspension of collection pursuant to Article 140 of Debtor Rehabilitation and Bankruptcy Act
4. Where the Minister of Employment and Labor deems that there is a natural disaster or any other unavoidable circumstance.

Article 36 (Notification)

The Minister of Employment and Labor shall, if intending to collect under Article 33 (6) and (7), notify in writing the obligor of the relevant amount and the term of payment, as prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 37 (Urging of Payment and Disposition on Default)

(1) If a person who owes contributory charges and/or any other charge under this Act fails to pay them, the Minister of Employment and Labor shall urge the person to make that payment within the time period set by the Minister.
(2) The Minister of Employment and Labor shall, if he/she urges a payment under paragraph (1), do so in writing. In this case, the payment period of ten days or more shall be given.
(3) If a person who has been urged under paragraph (1) fails to pay contributory charges or any other charge under this Act within the specified time limit, the Minister of Employment and Labor may collect them according to the example of the disposition on default of national taxes.
(4) In the event that a public sale of any property that is seized according to the example of the disposition on default under paragraph (3) requires expert knowledge or it is deemed inappropriate to execute such public sale directly due to special circumstances, the Minister of Employment and Labor may ask the Korea Asset Management Corporation established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation (hereinafter referred to as the “Corporation”) to execute it vicariously as prescribed by the Presidential Decree. In this case, the public sale of such property shall be deemed to be executed by the Minister of Employment and Labor.
(5) The Minister of Employment and Labor may, if the Corporation execute a public sale vicariously in accordance with paragraph (4), pay fees to the Corporation, as prescribed by the Ordinance of the Ministry of Employment and Labor.
(6) If the Corporation executes a public sale vicariously under paragraph (4), the officers and employees of the Corporation shall be deemed pubic officials in the application of Articles 129 through 132 of the Criminal Act.

Article 36 (Notification)

The Minister of Employment and Labor shall, if intending to collect under Article 33 (6) and (7), notify in writing the obligor of the relevant amount and the term of payment, as prescribed by the Ordinance of the Ministry of Employment and Labor.

Article 37 (Urging of Payment and Disposition on Default)

(1) If a person who owes contributory charges and/or any other charge under this Act fails to pay them, the Minister of Employment and Labor shall urge the person to make that payment within the time period set by the Minister.
(2) The Minister of Employment and Labor shall, if he/she urges a payment under paragraph (1), do so in writing. In this case, the payment period of ten days or more shall be given.
(3) If a person who has been urged under paragraph (1) fails to pay contributory charges or any other charge under this Act within the specified time limit, the Minister of Employment and Labor may collect them according to the example of the disposition on default of national taxes.
(4) In the event that a public sale of any property that is seized according to the example of the disposition on default under paragraph (3) requires expert knowledge or it is deemed inappropriate to execute such public sale directly due to special circumstances, the Minister of Employment and Labor may ask the Korea Asset Management Corporation established under the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation (hereinafter referred to as the “Corporation”) to execute it vicariously as prescribed by the Presidential Decree. In this case, the public sale of such property shall be deemed to be executed by the Minister of Employment and Labor.
(5) The Minister of Employment and Labor may, if the Corporation execute a public sale vicariously in accordance with paragraph (4), pay fees to the Corporation, as prescribed by the Ordinance of the Ministry of Employment and Labor.
(6) If the Corporation executes a public sale vicariously under paragraph (4), the officers and employees of the Corporation shall be deemed pubic officials in the application of Articles 129 through 132 of the Criminal Act.

Enforcement Ordinance

Article 42 (Order of Priority in Collection of Overdue Charges)

If contributory charges or other charges are collected in accordance with the disposition on default under Article 37 (3) of the Act, Article 39 (1) shall apply mutatis mutandis with respect to the order in which such contributory charges or other charges are to be collected.

Enforcement Ordinance

Article 43 (Request, etc. for Vicarious Execution of Public Sale)

(1) If the Minister of Employment and Labor requests the Korea Asset Management Corporation to execute a public sale of seized property vicariously pursuant to Article 37 (4) of the Act, he/she shall send the Korea Asset Management Corporation a request form specifying the following matters;
1. Name, address and residence of the defaulter;
2. Type, quantity, quality and location of the property to be sold at a public sale;
3. Detailed list and payment deadline of contributory charges and other charges related to the seizure;and
4. Other matters necessary for executing a public sale of the seized property vicariously.
(2) In the case of requesting the vicarious execution of a public sale pursuant to paragraph (1), the Minister of Employment and Labor shall notify the following persons of it:
1. Defaulter;
2. Owner of the collateral;
3. Any person who holds the right to lease on a deposit basis, right of pledge, mortgage or other rights over the relevant property;and
4. Person who keeps the seized property in his/her custody.

Enforcement Ordinance

Article 44 (Transfer of Seized Property)

(1) In the case of requesting the vicarious execution of a public sale pursuant to Article 43 (1) of the Act, the Minister of Employment and Labor may transfer the seized property in the possession of the Agency or placed under the custody of a third party to the Korea Asset Management Corporation:Provided that the transfer of the property kept in the custody of a third party may be done by handing over the certificate of custody of the property concerned.
(2) Upon receiving a seized property pursuant to paragraph (1), the Korea Asset Management Corporation shall issue a certificate of transfer.

Enforcement Ordinance

Article 45 (Request to Terminate Vicarious Execution of Public Sale)

(1) The Korea Asset Management Corporation may, if property is not purchased at a public sale for two years from the date of receiving a request for the vicarious execution of a public sale, request the Minister of Employment and Labor to terminate the request for the vicarious execution of a public sale of the relevant property.
(2) If receiving a request for termination pursuant to paragraph (1), the Minister of Employment and Labor shall comply with such request except in special circumstances.

Enforcement Ordinance

Article 46 (Details Concerning Vicarious Execution of Public Sales)

Except as otherwise provided in this Decree, necessary matters concerning public sales executed vicariously by the Korea Asset Management Corporation pursuant to Article 37 (4) of the Act shall be determined by the Minister of Employment and Labor in consultation with the Korea Asset Management Corporation.

Article 38 (Priority of Collections)

Contributory charges and other charges under this Act (hereinafter in this Article referred to as “contributor charges, etc.”) shall be collected in preference to other claims except for national and local taxes. However, if contributor charges, etc., are collected from the proceeds from selling property, proved by the fact that creation of the claims secured by chonsegwon, pledges, mortgages or other security interest under the Act on Security over Movable Property, Claims, etc., are registered, this shall not apply to the claims secured by those chonsegwon, pledges, mortgages or other security interest under the Act on Security over Movable Property, Claims, etc.
<This Article Wholly Amended by Act No. 11570, Dec. 18, 2012>

Article 39 (Service of Documents)

With regard to the service of documents concerning the collection of contributory charges or other charges under this Act, the provisions of Articles 8 through 12 of the Framework Act on National Taxes shall apply mutatis mutandis.

Article 40 (Extinctive Prescription)

If the rights to collect contributory charges or other charges under this Act, to receive the refund thereof, and to receive the employment subsidy are not exercised for three years, their extinctive prescription shall be completed.

Article 41 (Interruption of Prescription)

(1) The extinctive prescription under Article 40 shall be interrupted for any of the following reasons:
1. Claim for the employment subsidy under Article 30;
2. Order issued to refund the employment subsidy subject to the collection under Article 31 (1);
3. Claim for the refund of the contributory charges under Article 33 (9);
4. Notification of the payment under Article 36;
5. Urging of the payment under Article 37;
6. Claim for the delivery to be made in accordance with the procedures for the disposition on default under 37;and
7. Other reasons for an interruption of extinctive prescription prescribed by the Civil Act.
(2) The extinctive prescription interrupted under paragraph (1) shall begin to run anew after the expiration of any of the following periods:Provided that the resumption of the extinctive prescription interrupted under subparagraph 7 of paragraph (1) shall be governed by the Civil Act.:
1. Deadline for the payment to be made in accordance with a return order;
2. Period during which a claim for the refund of the contributory charges is pending;
3. Deadline for the payment notified under Article 36;
4. Deadline for the payment urged;and
5. Period during which a request for delivery is pending.

Article 42 (Disposal of Deficits)

The Minister of Employment and Labor may, if a defaulter has any of the following reasons, write off any deficit of the disposition involving contributory charges or other charges under this Act:
1. Where the proceedings for the disposition on default is concluded and the amount to be allocated to the delinquent amount is less than the relevant delinquent amount;
2. Where the extinctive prescription is completed under Article 40;and
3. Where there is no possibility of collection, as prescribed by the Presidential Decree.

Enforcement Ordinance

Article 47 (Disposal of Deficits of Contributory Charges or Other Charges)

(1) The disposal of deficits under subparagraph 3 of Article 42 of the Act shall be authorized in the following circumstances:
1. Where the whereabouts of the defaulter is unknown or where the defaulter is found to have no property;
2. Where the execution of the disposition on default is suspended as the estimated value of the total property subject to the disposition on default is less than fees associated with the disposition on default;
3. Where the execution of the disposition on default is suspended as there is no possibility that anything is left after the total property subject to the disposition on default is appropriated to pay debts, such as national and local taxes, etc., that take precedence over contributory charges or other charges;and
4. Where the delinquent company has been exempted from the obligation to pay contributory charges, etc. pursuant to Article 251 of the Debtor Rehabilitation and Bankruptcy Act.
(2) Where the disposal of deficits is to be carried out pursuant to subparagraph 1 of paragraph (1), the Minister of Employment and Labor shall inquire with the district tax office or local government agency to investigate and verify the whereabouts of the defaulter and the status of his/her property:Provided that this shall not apply if the delinquent amount is less than 100,000 won.
(3) When another property that can be seized is found after the disposal of deficits under paragraph (1), the Minister of Employment and Labor shall cancel the disposition without delay and deliver another disposition on default.

CHAPTER Ⅳ Korea Employment Agency for the Disabled

Article 43 (Establishment of Korea Employment Agency for the Disabled)

(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)

The Agency shall be a juristic person.

Article 45 (Offices)

(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)

(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)

(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)

(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)

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)

(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)

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)

(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)

(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)

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)

(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.)

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)

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)

(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)

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.

Article 60 (Formulation, etc. of Budget)

(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)

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)

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)

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)

The Agency may receive fees and other actual expenses for the services under Article 43 (2).

Article 64 (Investments, etc.)

(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)

(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)

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)

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)

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)

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.

CHAPTER Ⅴ Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons

Article 68 (Establishment of Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons)

The Minister of Employment and Labor shall establish the Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons (hereinafter referred as the “Fund”) in order to carry out the business for the employment promotion and vocational rehabilitation of disabled persons, such as running the Agency, granting employment subsidies, etc.

Article 69 (Financial Resources of Fund)

(1) The Fund shall be created with the following financial resources:
1. Contributions or donations from the government or any nongovernmental entity;
2. Contributory charges, additional charges and arrears under Articles 33 and 35;
3. Earnings accrued from the operation of the Fund, and other revenues of the Agency;
4. Loans borrowed under Article 57;and
5. Loans borrowed under Article 70.
(2) The government shall appropriate the contributions under paragraph (1) 1 for its estimated budget of expenditures each fiscal year.

Enforcement Ordinance

Article 65 (Government Contributions)

(1) If the government intends to contribute to the Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons (hereinafter referred to as the “Fund”) under Article 68 of the Act or to pay from the Fund the expenses required for the Agency to perform its business pursuant to Article 69 (1) 1 and subparagraph 1 of Article 71 of the Act, the Minister of Employment and Labor shall make that contribution or payment by reflecting it in the budget or the Fund management plan under Article 70.
(2) The Minister of Employment and Labor shall, if the budget or fund management plan under paragraph (1) is confirmed, notify the Agency of such confirmation.
(3) If the Agency intends to receive the expenses required to perform its business, it shall submit to the Minister of Employment and Labor an application for payment of business expenses along with a quarterly business plan and a quarterly budget execution plan.
(4) Upon receipt of an application under paragraph (3), if the quarterly business plan and quarterly budget execution plan are deemed reasonable, the Minister of Employment and Labor shall pay the expenses required for the Agency to perform its business accordingly.

Enforcement Ordinance

Article 66 (Contributions, etc. from Persons Other Than Government)

If a person other than the government intends to make any contribution or donation pursuant to Article 69 (1) 1 of the Act, the Minister of Employment and Labor may determine the method, etc. of contribution or donation in consultation with the person.

Article 70 (Borrowings)

In the event that the Fund is or is expected to be short of money for disbursement, it may borrow a loan from a financial institution, another fund, or any other financial source on its own account.

Article 71 (Use of Fund)

The Fund shall be used for the payment of expenses specified in each of the following subparagraphs:
1. Contributions made to the Agency;
2. Employment subsides under Article 30;
3. Expenses required for surveys and research on policies for the employment promotion and vocational rehabilitation of disabled persons;
4. Loans and subsidies for the expenses required for the installation and repair of facilities and equipments for the vocational guidance, vocational adaptation training, vocational skills development training, job placement or employment of disabled persons;
5. Loans and subsidies for the expenses, apparatus, etc. of employers who employ or intend to employ disabled persons;
6. Loans and subsidies for the expenses required by employers who establish and operate or intend to establish and operate a standard workplace for disabled persons;
7. Loans and subsidies for the expenses required by persons who carry out vocational guidance, job placement and post-employment adaptation guidance;
8. Training expenses and allowances for persons who carry out vocational adaptation training and vocational skills development training for disabled persons, and for the relevant disabled persons;
9. Loans to self-employed disabled persons for starting up business, and leasing a place of business, and loans to disabled workers for the stabilization of working life, etc.;
10. Expenses required for placing counsellors for working life of disabled persons to assist employers in the employment management of disabled workers;
11. Repayment of the loans borrowed under Article 70 and interest thereon;
12. Subsidization of the difference in interest on loans that disabled persons, employers, etc., borrow from financial institutions under this Act;
13. Rewards under Article 32;and
14. Other expenses required for the business prescribed by the Presidential Decree for the employment promotion and vocational rehabilitation of disabled persons, and expenses incidental to the implementation of the business set forth in subparagraphs 1 through 10.

Enforcement Ordinance

Article 67 (Usage of Fund)

Pursuant to subparagraph 14 of Article 71, the Fund may cover costs and expenses for the following subparagraphs:
1. Supportive employment projects under Article 18;
2. Management and operation of the Fund;and
3. Projects delegated to the Governors of Cities and Provinces or entrusted to the Agency under Article 82 of the Act.

Article 72 (Operation and Management of Fund)

(1) The Fund shall be operated and managed by the Minister of Employment and Labor.
(2) The fiscal year of the Fund shall coincide with the government’s fiscal year.
(3) The Fund shall be managed to make its profits reach or exceed the level prescribed by the Presidential Decree, and the Fund shall be operated by any of the following methods:
1. Deposits in banks or postal service agencies under the Banking Act or other Acts;
2. Purchase of bonds issued by the State or local governments;
3. Purchase of bonds whose payment is guaranteed by banks under the Banking Act or other Acts, or by any other person prescribed by the Presidential Decree;
4. Deposits in the Public Fund Management Fund under the Public Fund Management Fund Act;and
5. Other methods prescribed by the Presidential Decree.

Article 73 (Accounting Agency of Fund)

(1) The Minister of Employment and Labor shall appoint the fund revenue collection officer, the fund financial officer, the fund disbursing officer and the fund accounting officer to carry out business affairs pertaining to the revenues and expenditures of the Fund, from among public officials under his/her control.
(2) If the Minister of Employment and Labor entrusts the Agency with his/her duties under Article 82, he/she shall appoint a director in charge of fund revenues and a director in charge of actions incurring fund expenditures from among the permanent directors of the Agency, and a fund disbursing employee and a fund accounting employee from among employees of the Agency, respectively. In this case, the director in charge of fund revenues shall perform the duties of the fund revenue collection officer, the director in charge of actions incurring fund expenditures shall perform the duties of the fund financial officer, the fund disbursing employee shall perform the duties of the fund disbursing officer, and the fund accounting employee shall perform the duties of the fund accounting officer, respectively.

Article 74 (Creation of Fund Account)

The Minister of Employment and Labor shall have the Fund disbursing officer open the Fund’s account in the Bank of Korea.

Article 74-2 (Designation of Officials in Charge of Support for Disabled Persons, etc.)

(1) The heads of the agencies specified in the subparagraphs of Article 27 (6) shall designate an official to be in charge of supporting persons with disabilities out of the public officials under his/her control in order to efficiently assist public officials and workers with disabilities in performing their duties, etc. at the agency concerned. In such cases, an agency which has designated an official to be in charge of policies for persons with disabilities pursuant to Article 12 (1) of the Act on Welfare of Persons with Disabilities shall be deemed to have designated an official to be in charge of supporting persons with disabilities.
(2) Matters necessary for the designation, duties, etc. of an official to be in charge of supporting persons with disabilities referred to in paragraph (1) shall be prescribed by the National Assembly Regulations, the Supreme Court Regulations, the Constitutional Court Regulations, the National Election Commission Regulations, or Presidential Decree.
<This Article Newly Inserted by Act No. 14500, Dec. 27, 2016>

Enforcement Ordinance

Article 68 (Entrustment of Fund Payments)

The Minister of Employment and Labor may entrust any financial institution or postal service agency under the Banking Act or other relevant Acts and subordinate statutes to perform duties concerning the provision of loans, support or subsidies by the Fund.

Enforcement Ordinance

Article 69 (Operation and Management of Fund)

(1) The accounting of the Fund shall be based on generally accepted accounting principles.
(2) Any surplus left after the settlement of the Fund may be put into reserves of the Fund.
(3) Matters necessary for the management of the reserves or amount left after expenditures shall be determined by the Minister of Employment and Labor.
(4) “The level prescribed by the Presidential Decree” in Article 72 (3) of the Act means the rate of return determined by the Minister of Employment and Labor in consideration of interest rates on 1-year fixed deposits in banks with nationwide operations, among banks authorized under the Banking Act.
(5) “Any other person prescribed by the Presidential Decree” in Article 72 (3) 3 of the Act means State or a local government.
(6) The term “methods determined by Presidential Decree” in Article 72 paragraph (3) subparagraph 5 of the Act means the purchase of beneficiary certificates as prescribed in Article 4 paragraph (5) of the Financial Investment Services and Capital Markets Act.

Enforcement Ordinance

Article 70 (Fund Management Plan)

(1) The Minister of Employment and Labor shall establish a fund management plan containing the following matters:
1. Matters concerning revenue and expenditure of the Fund;
2. Matters concerning the business plan, plan on actions incurring expenditures and funding plan of the relevant year;
3. Matters concerning the handling of the balance carried forward from the previous year;
4. Matters concerning fund reserves;and
5. Other matters necessary for the management of the Fund.
(2) When a fund management plan under paragraph (1) is drawn up, the quarterly plan on actions incurring expenditures and monthly funding plan shall be determined in consultation with the Minister of Strategy and Finance. The same shall apply to cases where any modification is made to such plans.

Enforcement Ordinance

Article 71 (Fund Management Assistants)

The Minister of Employment and Labor may, if deemed necessary for the effective management of the Fund, assign fund management assistants to aid the accounting agency of the Fund under Article 73 of the Act.

Enforcement Ordinance

Article 72 (Fund Account)

The Minister of Employment and Labor shall establish an Employment Promotion and Vocational Rehabilitation Fund Account for Disabled Persons (hereinafter referred to as the “Fund Account”) in the Bank of Korea in which the revenues of the Fund is separated from the expenditures thereof in order to clarify the revenues and expenditures of the Fund.

Enforcement Ordinance

Article 73 (Procedure for Receipt of Fund Revenues)

(1) If the fund revenue collection officer intends to collect fund revenues, he/she shall notify the person responsible for the payment to make such payments into the Fund Account.
(2) Upon receiving fund revenues, the Bank of Korea shall issue a receipt to the payer and send, without delay, a notice of receipt to the fund revenue collection officer.
(3) The Bank of Korea shall place the fund revenues received pursuant to paragraph (2) in the Fund Account established in its principal office in accordance with the procedure for handling national funds.

Enforcement Ordinance

Article 74 (Procedure for Fund Expenditure)

(1) If the fund financial officer has taken an action incurring expenditures, he/she shall send documents related to such action to the fund disbursing officer.
(2) If, after the fund financial officer has taken an action incurring expenditures, any amount is left undisbursed in the relevant fiscal year for an inevitable reason, it may be carried forward to the following fiscal year and then be disbursed.

Enforcement Ordinance

Article 75 (Assignment of Limit on Amount Subject to Actions Incurring Expenditures)

(1) The Minister of Employment and Labor shall assign a quarterly limit on the amount subject to actions incurring expenditures to each fund financial officer within the scope of the quarterly plan on actions incurring expenditures under Article 70.
(2) When a quarterly limit on the amount subject to actions incurring expenditures is assigned pursuant to paragraph (1), the Minister of Employment and Labor shall notify the fund financial officer concerned and the Minister of Strategy and Finance of such limit.
(3) The fund financial officer shall be prohibited from taking an action incurring expenditures in excess of the limit assigned pursuant to paragraph (1).

Enforcement Ordinance

Article 76 (Assignment of Fund Expenditure Limit)

(1) The Minister of Employment and Labor shall assign a monthly expenditure limit to each fund disbursing officer within the scope of the monthly funding plan under Article 70.
(2) When a monthly expenditure limit is assigned pursuant to paragraph (1), the Minister of Employment and Labor shall notify the Governor of the Bank of Korea of such limit.

Enforcement Ordinance

Article 77 (Report of Fund Management Status)

The Minister of Employment and Labor may determine the matters to be reported with respect to the management and operation of the Fund.

Enforcement Ordinance

Article 78 (Report of Fund Settlements)

The Minister of Employment and Labor shall draft an annual report on Fund settlements, to which the following documents regarding settlements of the Fund are attached, and file the report with the Minister of Strategy and Finance no later than 60 days following the end of the fiscal year of the Fund.
1. General status of the Fund;
2. Overview of settlements;
3. A comparison of the fund management plan and its actual results;
4. Statement of revenues and expenditures;
5. Statement of loan status;
6. Statement of property status;and
7. Statement of the annual status of financial resources provided to the Fund.

Enforcement Ordinance

Article 79 (Application Mutatis Mutandis of Other Acts and Subordinate Statutes)

With regard to the operation and management of the Fund, Acts and subordinate statutes concerning budget and accounting shall apply mutatis mutandis to matters not provided for in the Act and this Decree.

Enforcement Ordinance

Article 79-2 (Designation of Officials in Charge of Support for Persons with Disabilities and Their Tasks)

(1) Officials in charge of support for persons with disabilities as prescribed in Article 74-2 paragraph (1) shall be designated by the head of the institution falling under each subparagraph of Article 27 paragraph (6) of the Act of those in charge of the tasks relevant to each subparagraph of paragraph (2).
(2) The task of officials designated as prescribed by paragraph (1) shall be as follows:
1. Discussion and management of assistance services provided for civil servants and other workers with disabilities;
2. Creation and improvement of stable working environments for civil servants and other workers with disabilities;
3. Support with adaptation to tasks assigned to civil servants and other workers with disabilities;
4. Execution of education to improve awareness of persons with disabilities as prescribed by Article 5-2 of this Act and Article 25 of the Act on Welfare of Persons with Disabilities;
5. Other tasks determined by the Minister of Employment and Labor for the improvement of rights for persons with disabilities.

CHAPTER Ⅵ Supplementary Provisions

Article 75 (Counsellors, etc. for Working Life of Disabled Persons)

(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.)

(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)

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)

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)

(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)

(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)

(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)

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)

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)

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)

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)

(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)

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.

Addenda <Act No. 8852, Feb. 29, 2009; Revision of the Government Organization Act>

Article 1 (Enforcement Date)

This Act shall enter into force six months after its promulgation. Provided that the amendment of Article 28 (2) shall enter into force on Jan 1, 2014.

Article 2 (Application of Collection of Unlawful Loans or Subsidies, etc., and Restrictions on Payment)

The amendment to Article 23 shall be effective from the first occurrence of the reason for cancellation, collection, correction requests and receipt of fraudulently-received loans or subsidies.

Addenda (Government Organization Act)

Article 1 (Enforcement Date)

(1) This Act shall enter into force on the date of promulgation.
(2) Omitted.

Article 6 (Revision of Other Acts)

(1) through <525> Omitted.
<526> Parts of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons shall be revised as follows:
“Ministry of Education, Science and Technology” in the title of Article 8 shall be changed to “Ministry of Education”, “Minister of Education, Science and Technology” in paragraph (1) of same Article shall be changed to “Minister of Education”;
“Ministry of Public Administration and Security”, “Ministry of Land and Maritime Affairs”, “Ministry of Health and Welfare” in Article 81 (2) shall be changed to “Ministry of Security and Public Administration”, “Ministry of Health and Welfare”, and “Ministry of Land and Transport Affairs” respectively.
<527> through <710> Omitted.

Article 7 Omitted.

Addenda <Act No. 9791, Oct. 9, 2009>

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation: Provided that the amended provisions of Article 7, Article 16 (1), Article 21 (1) 3, Article 28-2, Article 28-3, Article 30 (3) and (4), Article 32, Article 33 (2) and (3), the title of Chapter IV, Article 43, Article 66 and Article 79, and Article 7 of the Addenda shall enter into force on January 1, 2010.

Article 2 (Application Example concerning Special Case concerning Mandatory Employment Ratio of Disabled Persons in Public Institutions)

The amended provisions of Article 28-2 shall apply to the calculation of a mandatory employment ratio for a period after the enforcement of the amended provisions.

Article 3 (Application Example concerning Calculation of Number of Disabled People to Be Employed)

The amended provisions of Article 28-3 and Article 30 (3) shall apply to the calculation of the number of disabled people to be employed or amount of contributory charges for a period after the enforcement of the amended provisions.

Article 4 (Special Case concerning Imposition of Contributory Charges on Public Institutions)

When a public institution pays the contributory charges under Article 22 (1), additional charges arising according to the amended provisions of Article 28-2 shall be reduced by half for three years after the enforcement date of the amended provisions.

Article 5 (Transitional Measures concerning Change of Title of Korea Employment Promotion Agency for Disabled Persons)

(1) The Korea Employment Promotion Agency for Disabled Persons at the time of the enforcement of this Act shall be considered the Korea Employment Agency for the Disabled under the amended provisions of Article 43 : Provided that its articles of incorporation shall be changed with authorization of the Minister of Employment and Labor no later than December 31, 2009.
(2) The name of the Korea Employment Promotion Agency for Disabled Persons in its registry and other official records at the time of the enforcement of this Act shall be considered the name of the Korea Employment Agency for the Disabled.

Article 6 (Transitional Measures concerning Officers)

The president, directors and auditor of the Korea Employment Promotion Agency for Disabled Persons at the time of the enforcement of this Act shall be considered the president, directors and auditor of the Korea Employment Agency for the Disabled.

Article 7 (Revision of Other Acts)

Parts of the Local Tax Act shall be revised as follows :
“Korea Employment Promotion Agency for Disabled Persons” in Article 271 (2) shall be changed to “Korea Employment Agency for the Disabled.”

Article 8 (Relations with Other Acts)

If the previous Korea Employment Promotion Agency for Disabled Persons is cited in other Acts and subordinate statues, the Korea Employment Agency for the Disabled under the amended provisions of Article 43 shall be considered to be cited.

Addenda <Act No. 9795, Oct. 9, 2009; Revision of the Employment Security Act>

Article 1 (Enforcement Date)

This Act shall enter into force three months after its promulgation.

Articles 2 through 4 Omitted.

Article 5 (Revision of Other Acts)

(1) through (3) Omitted.
(4) Parts of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons shall be revised as follows:
“Subparagraph 1 of Article 4 of the Employment Security Act” in Article 16 (2) shall be changed to “subparagraph 1 of Article 2-2 of the Employment Security Act”.
(5) through (7) Omitted.

Article 6 Omitted.

Addendum <Act No. 10460, Mar. 9, 2011>

This Act shall enter into force on the date of its promulgation.

This Act shall enter into force on the date of its promulgation : Provided that the amended proviso to Article 27 (2) shall enter into force on January 1, 2015, and the amended proviso to Article 33 (3) shall enter into force on the following respective dates :
1. Public institutions under Article 4 of the Act on the Management of Public Institutions and employers who ordinarily employ 300 workers or more : July 1, 2011
2. Employers who ordinarily employ 200 workers or more but less than 300 workers : January 1, 2012
3. Employers who ordinarily employ 100 workers or more but less than 200 workers : January 1, 2013

Addenda <Act No. 10682, May 19, 2011> (The Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation)

Article 1 (Enforcement Date)

This Act shall enter into force on the date of promulgation.

Article 2 (Revision of Other Acts)

(1) through (19) Omitted.
(20) Parts of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons shall be revised as follows:
“the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of the Korea Asset Management Corporation" in paragraph (4) of Article 37 shall be changed to “the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of the Korea Asset Management Corporation".
(21) through (24) Omitted.

Article 3 Omitted.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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