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Laws of the Republic of Korea |
ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS
Act No. 4219, Jan. 13, 1990
Amended by Act No. 4975, Aug. 4, 1995
Wholly Amended by Act No. 6166, Jan. 12, 2000
Amended by Act No. 6400, Jan. 29, 2001
Act No. 6836, Dec. 30, 2002
Act No. 7154, Jan. 29, 2004
Act No. 7298, Dec. 31, 2004
Act No. 7468, Mar. 31, 2005
Act No. 7568, May 31, 2005
Act No. 7828, Dec. 30, 2005
Act No. 8135, Dec. 30, 2006
Act No. 8367, Apr. 11, 2007
Act No. 8483, May 25, 2007
Act No. 8491, May 25, 2007
Act No. 8507, Jul. 13, 2007
Act No. 8817, Dec. 27, 2007
CHAPTER I
General Provisions
Article 1 (Purpose)
The purpose of this Act is to contribute to the employment promotion and vocational rehabilitation of disabled persons so that they may live decent lives through the works suited to their abilities.
Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "disabled persons" means those who, due to physical or mental disability, are subject to considerable restrictions on their vocational life for a long period of time, and who correspond to the standards defined by the Presidential Decree;
2. The term "persons with severe disabilities" means those who have markedly lost their working abilities, from among the disabled persons, and who correspond to the standards defined by the Presidential Decree;
3. The term "employment promotion and vocational rehabilitation" means to enable the disabled persons to become self- supporting through their vocational life, by - 2 -
taking the measures provided in this Act with respect to the vocational guidance, vocational adjustment training, vocational skills development training, mediation of employments, employments, adjustment guidance after employment, etc. for the disabled persons;
4. The term "employer" means a person who carries on or intends to carry on a business by employing the workers;
5. The term "worker" means a worker as provided in subparagraph 1 of paragraph (1) Article 2 of the Labor Standards Act: Provided that any person (excluding persons with severe disabilities) whose fixed working hours fall short of the working hours set by the
Presidential Decree shall be excluded;
6. The term "vocational skills development training" means the training as prescribed in subparagraph 1 of Article 2 of the Act on the Development of Occupational Abilities of Workers;
7. The term "vocational skills development training facility" means the facility as prescribed in subparagraph 3 of Article 2 of the Act on the Development of Occupational Abilities of Workers; and
8. The term "standard workplace for disabled persons" means a workplace meeting the criteria as provided by the Ordinance of the Ministry of Labor on the number of persons, ratio, facility and wages for the employment of disabled persons (excluding the vocational rehabilitation facility for disabled persons under subparagraph 3 of paragraph (1) of Article 58 of the Welfare of Disabled Persons Act).
Article 3 (Responsibilities of State and Local Governments) (1) The State and local governments shall continually promote the education, publicity and employment promotion movement for disabled persons, in order to enhance an understanding of the employers and the general public on the employment promotion and vocational rehabilitation of the disabled persons.
(2) The State and local governments shall take measures for vocational rehabilitation in consideration of assisting the employers, disabled persons and other related persons and the characteristics of disabled persons, and promote comprehensively and effectively the policies necessary for promoting the employment of disabled persons. In this case, the State and local governments shall lay stress on the employment promotion - 3 -
and vocational rehabilitation of persons with severe disabilities and female disabled persons.
Article 4 (State Liability)
(1) The State may share each year a part of expenses required for the projects of employment promotion and vocational rehabilitation of disabled persons by its general account.
(2) The State shall actively support each year the expenses required for executing the projects of employment promotion and vocational rehabilitation of disabled persons within the scope of its budgets.
Article 5 (Obligations of Employers)
(1) Employers shall cooperate in the government policies on the employment of disabled persons, and have such obligations as providing disabled persons with employment opportunities with an adequate evaluation of their abilities, and concurrently performing the adequate employment management.
(2) Employers shall not discriminate against the workers by reasons of their disabilities, in the personnel management such as a recruitment, promotion, and transfer of positions. (3) Employers shall provide an education to improve recognition of disabled persons with the aim of creating stable working conditions and expanding employment for disabled workers.
(4) The Minister of Labor shall develop and distribute education materials, etc. to facilitate employers' education to improve recognition of disabled persons under paragraph (3). Article 6 (Self-Supporting Efforts of Disabled Persons, etc.) (1) Disabled persons shall endeavor after self-support as the competent career people by striving to develop and enhance their capabilities with a self-consciousness as the career persons. (2) Family members or guardians of the disabled persons shall cooperate with the government policies for the disabled persons, and positively strive for the promotion of their self-supports.
Article 7 (Basic Plans, etc. for Employment Promotion and Vocational Rehabilitation of Disabled Persons)
(1) The Minister of Labor shall, in consultation with the Minister for Health, Welfare and Family Affairs, devise the basic plan for the employment promotion and vocational rehabilitation - 4 -
of the disabled persons.
(2) The following matters shall be contained in the basic plan under paragraph (1):
1. Matters concerning the employment promotion and vocational rehabilitation of the disabled persons;
2. Matters concerning the fund for employment promotion and vocational rehabilitation of the disabled persons under Article 68;
3. Matters concerning the installation, operation and support of facilities for the disabled persons; and
4. Other matters deemed necessary for the employment promotion and vocational rehabilitation of the disabled persons by the Minister of Labor.
(3) In order to deliberate on the important matters concerning the basic plan under paragraph (1) and the employment promotion and vocational rehabilitation of disabled persons, the Disabled Persons Employment Promotion Committee (hereinafter referred to as the "Committee") shall be established in the Ministry of Labor. (4) The Committee shall consist of not more than five full-time researchers in order to survey and study the specialized matters concerning the employment promotion and vocational rehabilitation of disabled persons.
(5) Not less than one-third of the Committee members shall be the disabled persons.
(6) Matters necessary for the organization, function, research members and operation of the Committee shall be prescribed by the Presidential Decree.
Article 8 (Coordination with Ministry of Education and Human Resources Development and Ministry of Health and Welfare) (1) The Minister of Education, Science and Technology shall, in case where deemed necessary for the employment promotion of the persons subject to a special education under the Act on the Promotion of Education for the Handicapped, consult with the Minister of Labor on the contents, etc. of vocational education. (2) The Minister for Health, Welfare and Family Affairs shall closely cooperate with the Minister of Labor for the purpose of an efficient implementation of vocational rehabilitation projects, etc.
CHAPTER II
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Employment Promotion and Vocational Rehabilitation of Disabled Persons
Article 9 (Execution Agencies of Vocational Rehabilitation for Disabled Persons)
(1) Execution agencies of vocational rehabilitation for disabled persons (hereinafter referred to as the "execution agencies of rehabilitation") shall develop diverse projects for vocational rehabilitation of disabled persons, and directly furnish them to such persons, and particularly endeavor to perform the vocational rehabilitation aiming at enhancing the selfsupporting capability of the persons with severe disabilities. (2) Execution agencies of rehabilitation shall be as follows:
1. Educational institutes for the handicapped under subparagraph 3 of Article 2 of the Act on the Promotion of Education for the Handicapped;
2. Welfare centers for disabled persons under Article 58 (1) 2 of the Welfare of Disabled Persons Act;
3. Vocational rehabilitation facilities for disabled persons under Article 58 (1) 3 of the Welfare of Disabled Persons Act;
4. Welfare organizations for disabled persons under Article 63 of the Welfare of Disabled Persons Act;
5. Vocational skills development training facilities under subparagraph 3 of Article 2 of the Act on the Development of Occupational Abilities of Workers; and
6. Other agencies deemed capable of conducting vocational rehabilitation projects for disabled persons by the Minister of Labor, and which are determined by the Ordinance of the Ministry of Labor.
Article 10 (Vocational Guidance)
(1) The Minister of Labor and the Minister for Health, Welfare and Family Affairs shall, in order to enable the disabled persons to obtain jobs suited to their ability, perform a vocational counsel, vocational aptitude tests, evaluation of vocational skills, and implement a vocational guidance such as furnishing employment information, etc.
(2) The Minister of Labor and the Minister for Health, Welfare and Family Affairs shall, in order to enable the disabled persons to make a vocational living suited to their abilities, endeavor to develop the types of occupation suitable for the disabled persons.
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(3) The Minister of Labor and the Minister for Health, Welfare and Family Affairs may, in case where deemed that the professional knowledge and technology are particularly required for performing a vocational guidance under paragraph (1), request a related specialized institute such as rehabilitation executing facilities, etc. to carry out such guidance, and pay the relevant expenses.
(4) The Minister of Labor and the Minister for Health, Welfare and Family Affairs may finance or support the required expenses to the person who carries out or intends to carry out a vocational guidance.
(5) Matters necessary for the criteria for payment, finance, support, etc. of the expenses under paragraphs (3) and (4) shall be prescribed by the Presidential Decree.
Article 11 (Vocational Adaptation Training)
(1) The Minister of Labor and the Minister for Health, Welfare and Family Affairs may, in case where deemed necessary to enable the disabled persons to make a vocational living suited to their wish, aptitude, capability, etc., perform a vocational adaptation training for adapting the disabled persons to their vocational environments.
(2) The Minister of Labor and the Minister for Health, Welfare and Family Affairs may, in case where deemed necessary for an efficient implementation of vocational adaptation training under paragraph (1), determine the separate training standards, etc.
(3) In order to develop and improve the vocational skills of disabled persons, the Minister of Labor and the Minister for Health, Welfare and Family Affairs may finance or support a person who installs and operates, or intends to install and operate, a vocational adaptation training facility or training courses, for the required expenses (including training expenses). (4) The Minister of Labor and the Minister for Health, Welfare and Family Affairs may support the disabled persons undergoing a vocational adaptation training at a vocational adaptation training facility, for their training allowances. (5) Matters necessary for the criteria for a loan and supports and those for a payment of training allowances, etc. under paragraphs (3) and (4) shall be prescribed by the Presidential Decree.
Article 12 (Vocational Skills Development Training) (1) The Minister of Labor shall perform a vocational skills - 7 -
development training for disabled persons, in order that they may make a vocational living suited to their wish, aptitude, capability, etc.
(2) In order to develop and improve the vocational skills of disabled persons, the Minister of Labor may finance or support a person who installs and operates, or intends to install and operate, a vocational skills development training facility or training courses, for the required expenses (including training expenses).
(3) The Minister of Labor may support the disabled persons undergoing a vocational skills development training at a vocational skills development training facility, for their training allowances.
(4) Matters necessary for the criteria for a loan and supports and those for a payment of training allowances, etc. under paragraphs (2) and (3) shall be prescribed by the Presidential Decree.
Article 13 (Supported Employment)
(1) The Minister of Labor and the Minister for Health, Welfare and Family Affairs shall perform a supported employment and provide the required supports, in order to enable the disabled persons, from among those with severe symptoms, who may hardly perform the duties in a business place run by an employer, to fulfill their duties. (2) Matters necessary for the details of, and standards, etc. for, the supports under paragraph (1) shall be prescribed by the Presidential Decree.
Article 14 (Protective Employment ---> Sheltered Employment) The State and local governments shall furnish a specified working environment for such disabled persons as may hardly work under normal working conditions from among the disabled persons, and implement a sheltered employment so as to be capable of working in the relevant working environment. Article 15 (Mediation of Employment, etc.)
(1) The Minister of Labor shall mediate the jobs suited to the disabled persons on the basis of employment information, in consideration of their wish, aptitude, ability, and work types, etc. (2) The Minister of Labor shall devise the policies for an employment promotion for the disabled persons, in order to enable them to become self-supporting through their vocational living.
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(3) The Minister of Labor may, in case where deemed necessary for performing a mediation of employment and an employment promotion under paragraphs (1) and (2), request the related specialized agencies such as a rehabilitation executing agency, etc. to carry out a part of his business, and pay the relevant expenses.
(4) The Minister of Labor may finance or support a person who installs and operates, or intends to install and operate an employment mediation facility, for the required expenses (including the supporting money for employment mediations). (5) Matters necessary for the payment of expenses and for the criteria for loan and supports under paragraphs (3) and (4) shall be prescribed by the Presidential Decree.
Article 16 (Coordination, etc. between Employment Mediation Agencies)
(1) The Minister of Labor shall take such measures as building the computer networks for employment mediation, so as to ensure an efficient coordination between rehabilitation executing agencies, which perform the employment mediation affairs for expanding the employment opportunities for disabled persons, in an exchange of help-wanted and situation-wanted information, and in a management of working disabled persons, and to enable the Korea Employment Promotion Agency for Disabled Persons under Article 43 to make their comprehensive and concentrated management.
(2) The Minister of Labor shall, in case where he devises such measures as building the employment mediation computer networks, etc. under paragraph (1), ensure the coordination with the employment security agencies under subparagraph 1 of Article 4 of the Employment Security Act.
Article 17 (Support of Self-employed Disabled Persons) (1) The Minister of Labor may finance a disabled person, who intends to run a business independently, the funds required for establishing an enterprise or lease him a place to do the business.
(2) A yearly rental fee for the place of business under paragraph (1) shall be the amount obtained by multiplying the value of the property concerned by 10/1000 or more as determined by the Minister of Labor, which is computable by the allocation of dates or months, notwithstanding the provisions of the State Properties Act.
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(3) Matters necessary for the standards, etc. for loan or lease under paragraph (1) and (2) shall be prescribed by the Ordinance of the Ministry of Labor.
Article 18 (Support of Disabled Workers)
(1) The Minister of Labor may finance necessary funds in order to ensure a stable vocational living of the disabled workers. (2) Matters necessary for the standards for loan under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor.
Article 19 (Work Adjustment after Employment)
(1) The Minister of Labor and the Minister for Health, Welfare and Family Affairs shall, in case where deemed necessary for the employment security of disabled persons, provide the disabled persons employed in workplace with work adjustment required for adapting themselves to the working environment.
(2) Matters necessary for the details, etc. of a guidance under paragraph (1) shall be prescribed by the Presidential Decree.
Article 20 (Employment Guidance to Employers)
The Minister of Labor shall, in case where deemed necessary for the employers who employ or intend to employ the disabled persons, provide them with a guidance on technical matters concerning the employment, placement, work aids, work equipments, working environments and other employment management of disabled persons.
Article 21 (Support of Employers who Employ Disabled Persons) (1) The Minister of Labor may finance or support the employers who employ or intend to employ disabled persons with expenses or equipment of the following subparagraphs needed for the employment of disabled persons. In this case, the employers who employ or intend to employ severely disabled persons or disabled women shall be provided a preferential treatment:
1. Expenses for purchase, installment, repair, etc. of necessary facilities and equipment for the employment of disabled persons;
2. Work assistance engineering instrument, equipment etc. needed for the vocational life of disabled persons;
3. Expenses necessary for the placement of vocational counsellors for disabled persons, work instructors, sign - 10 -
language interpreters, etc. for the proper employment management of disabled persons; and
4. Necessary expenses or equipment for the employment of disabled persons under paragraphs (1) through (3). (2) Matters necessary for the criteria, etc. of the loan or support under paragraph (1) shall be prescribed by the Presidential Decree.
Article 22 (Support of a Standard Workplace for Disabled Persons) (1) The Minister of Labor may finance or support the employers who establish and operate or intend to establish and operate a standard workplace for disabled persons with expenses necessary for the establishment and operation.
(2) When financing or supplying pursuant to paragraph (1), the Minister of Labor shall provide a preferential treatment for the employers under the following subparagraphs:
1. Employers who employ or intend to employ severely disabled persons 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) In case the employer who has an obligation to employ disabled persons pursuant to Article 28 (1) dominates a standard workplace for disabled persons substantially in accordance with standards defined by the Presidential Decree including total number of issued stocks, total amount of investment, etc. shall include the worker employed at the standard workplace for disabled persons in the number of workers who are employed by the
employer in the application of the provisions of Articles
28, 29 and 33, (however, disabled persons excluding
disabled women and
severely disabled persons mean a
half of the total number, and if there is any fraction of
less than 1 person in this number, such
fraction shall be
rounded off) and the standard workplace for disabled
persons concerned shall be considered as the workplace
of the employer concerned.
governments, and government-affiliated institutions, etc. prescribed
in subparagraph 1 of Article 2 of the Framework Act on the
Management of Government-Affiliated Institutions to purchase
the goods produced by a standard workplace for disabled
persons ahead
of other goods.
(5) Matters necessary for the criteria, etc. of loan and
support under paragraph (1) and (2) shall be prescribed by the
Presidential
Decree.
Article 23 (Collection of Unlawful Loans or Subsidies, etc.
and Restrictions on Payment)
(1) In the event that any person who has received the loans
or support in accordance with Article 21 and 22 falls under any
case
of the following subparagraphs, the Minister of Labor shall
collect the corresponding amount of money and the money
corresponding
to the support concerned:
1. Where he has received the loans or support by means of
false and unlawfulness; and
2. Where the employer fails to execute the finance or
subsidies for the purpose of the business prescribed in
each subparagraph
of Article 21 (1) and 22 (1).
(2) In case where falling under each of the subparagraphs of
paragraph (1), loans or support may be restricted for three
years
from the date.
(1) The Minister of Labor may select those employers setting
a model of employing disabled persons as the excellent
employers employing
disabled persons, and take such measures
as supporting their business, etc. (hereinafter referred to as the
"preferential treatment").
(2) Matters necessary for the selection, preferential treatment,
etc. of the 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 Labor shall provide the employers who
employ or intend to employ disabled persons with the
information and other
data on such matters as physical and
mental conditions, vocational skills, etc. of disabled persons.
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Article 26 (Survey on Actual Status of Disabled Persons)
The Minister of Labor shall, for the employment promotion
and vocational
rehabilitation of disabled persons, conduct a
nationwide survey every two years on the actual status of the
employment conditions
of disabled persons, such as the type of
job, forms of labor, length of continued service, level of wages,
etc. and the actual
status of disabled workers' industrial
accidents.
CHAPTER III
Obligation to Employ Disabled Persons, and Shares
Article 27 (Obligation of State and Local Government to Employ
Disabled Persons)
(1) The State and the head of local government shall
employ disabled persons up to not less than 3 percent of the
full strength
of public officials belonging thereto.
(2) The head of each examining agency (hereinafter referred
to as "each class agency") shall
hold examinations so that the
disabled persons may be employed up to 3/100 of newly
employed personnel (6/100 in the case where
the number of
disabled public officials is less than 3/100 of the competent
fixed number): Provided, that in the new appointment
of
teachers under the provisions of Article 11 (1) of the Public
Educational Officials Act, if the number of disabled applicants
for examination or of disabled successful candidates falls short
of scheduled disabled appointment personnel, such insufficient
personnel may be appointed by those who are not the disabled
persons.
(3) In case where the head of an agency entrusted with
appointment rights recruits public officials without an open
employment,
the provisions of paragraph (2) shall apply mutatis
mutandis.
(4) The provisions of paragraphs (1) and (2) shall not apply
to the public safety position group public officials, public
prosecutors,
police, fire fighting and guard public officials,
military personnel, etc.: Provided, that the State and the heads
of local governments
shall strive for making the disabled
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persons to be employed also to the public safety position group
public officials, etc.
(5) The upper-limit age of disabled persons for participating
in an examination for employment and recruitment under the
provisions
of paragraph (2) and (3) shall be respectively
extended by age of 3 years for the persons with severe
disabilities and by age of
2 years for other disabled persons.
(6) The head of a central agency in charge of personnel
affairs under the State Public Officials
Act and the head of a
local government shall submit to the Minister of Labor the
plans for employment of disabled public officials,
including the
plans for employment of public officials in each class agency
under his command, and the report on the status of
its
implementation, under the conditions as prescribed by the
Presidential Decree.
(7) The Minister of Labor may, in case where he deems that
an employment plan for disabled public officials under
paragraph (6)
is inadequate, request the person who submitted
an employment plan for disabled public officials to alter such
plans, and where
actual results of implementing the employment
obligation under paragraph (1) are markedly stagnant, he may
publicize the relevant
details.
Article 28 (Obligation of Employers for Employment of Disabled
Persons)
(1) Any employer who employs not less than 50 full-time
workers (in case where a confirmation of workers' number is
difficult in
the construction business, any employer whose work
contract amount is in excess of the amount of prescribed and
notified by the
Minister of Labor) shall employ the disabled
persons equivalent to more than the rate fixed by the
Presidential Decree within the
scope of 5 percent of total
number of workers (hereinafter referred to as "obligatory
employment rate", and if there is any fraction
of less than 1
person in this number, such fraction shall be omitted).
(2) Notwithstanding the provisions of paragraph (1), with
respect to job types deemed suited to a capability of specified
disabled persons, the relevant employment rate may be
separately
prescribed by the Presidential Decree. In this case,
such rate shall not be considered as the obligatory employment
rate.
(3) The obligatory employment rate shall be set every 5
years taking into account the ratio of the disabled to the total
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number of population, the ratio of disabled workers to the total
number of workers and the number of disabled persons without
jobs,
etc.
Article 29 (Devising Plans for Employing Disabled Persons by
Employers, etc.)
(1) The Minister of Labor may order the employers to
prepare and submit a plan for the employment of disabled
persons and the report
on the status of implementation thereof,
under the conditions as prescribed by the Presidential Decree.
(2) The Minister of Labor
may, in case where a plan under
paragraph (1) is deemed inadequate, order the employer to alter it.
(3) The Minister of Labor may,
in case where an employer
has been markedly deficient in devising a plan for employing
disabled persons or in carrying out employment
duties under
Article 28 (1) without any justifiable reasons, publicize the
relevant details.
Article 30 (Paying Subsidy for Employing Disabled Persons)
(1) The Minister of Labor may, for the purpose of an
employment promotion
and vocational security of disabled
persons, pay an employment subsidy to the employer who has
employed disabled persons (including
those employers to whom
the provisions of Article 28 (1) are not applied).
(2) The amount of employment subsidy shall be the amount
obtained by multiplying the total number of the disabled (the
provisions of the proviso of Article 24 (1) shall not be applied
and any friction falling short of one person shall be written off)
employed full-time each month subtracting from the total
number
of disabled persons to be employed under the
obligatory employment rate (the same rate shall be applied in
paying an employment
subsidy to the employer to whom the
provisions of Article 28 (1) are not applied) by a unit cost of
payments under paragraph (3):
Provided that in case where the
employer shall pay the shares under Article 33, the amount of
subsidy shall be obtained by subtracting
such shares.
(3) The unit amount of payment for the employment
subsidy may be set otherwise within the scope of the minimum
wage
amount that is calculated monthly by the Minister of
- 15 -
Labor in accordance with the Minimum Wages Act taking into
account the basic amount of shares provided for in Article 33
(3), whether
the obligatory payment of the amount of shares for
the employment of the disabled is applied and the amount of
wages paid to the
relevant disabled workers, etc.: Provided that
the unit cost of payments for severely disabled persons and
female disabled persons
may be set forth separately within the
scope of twofold of the unit cost of payments that are applied
to those other than severely
disabled persons and female
disabled persons.
(4) The payment of employment subsidies to disabled workers
eligible for support payments and subsidies under the Employment
Insurance
Act and the Industrial Accident Compensation
Insurance Act and to other disabled workers prescribed by the
Presidential Decree
may be restricted under the conditions as
prescribed by the Presidential Decree.
(5) Matters necessary for the payment of and application for
employment subsidy under paragraph (1) shall be prescribed by
the
Presidential Decree, and those for the period and
procedures of payment, etc. shall be determined by the Minister
of Labor.
Article 31 (Collection of Unlawful Profits and Restrictions on
Payment)
(1) In the event that any person who has received the
employment subsidy in accordance with Article 30 falls under
any case of
the following subparagraphs, the Minister of Labor
shall collect the employment subsidy in question: Provided, that
in case of
subparagraph 1, the double amount of money that
has been paid shall be collected additionally:
1. Where he has received the employment subsidy by means
of false and unlawfulness; and
2. Where the employment subsidy has been paid by mistake.
(2) Additional collection may be exempted for a person who
reports voluntarily
his unjustifiable act within three months of
the date on which he applies for the payment of an
employment subsidy by false or
other unlawful methods in the
additional collection under the partial proviso aside from each
subparagraphs of paragraph (1).
(3) With respect to any person who has received or
intended to receive the employment subsidy in a false and
unlawful way, the
Minister of Labor may restrict the payment
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of any employment subsidy to him for two years from the date
on which he received or intended to receive the employment
subsidy.
Article 32 (Reward)
Any person who reports or informs on a person who is
paid an employment subsidy referred to in Article 30 by false
or other unlawful
methods to the competent local labor agency,
the Korea Employment Promotion Agency for the Disabled
under Article 43 or the competent
criminal investigation agency
shall be entitled to receive a reward under the conditions as
prescribed by the Presidential Decree.
Article 33 (Payment of Shares Concerning Employment of Disabled
Persons)
(1) Any employer (excluding any employer who employs
full-time workers ranging from not less than 50 to not more
than 100 in their
number) employing the disabled persons short
of the obligatory employment rate shall pay a share for
employing disabled persons
(hereinafter referred to as the
"share") to the Minister of Labor every year, under the
conditions as prescribed by the Presidential
Decree.
(2) The amount of shares shall be an annual aggregate
obtained by multiplying the total number of disabled persons to
be employed by the employer according to the obligatory
employment rate subtracting from the number of disabled
persons employed
full-time each month by the basic amount of
shares under paragraph (3). In this case, for the employer who
employs seriously disabled
persons the amount of shares may
reduce an amount obtained by the multiplication of 1/2 of the
basic amount of shares by the number
of seriously disabled
persons within the scope of 1/2 of the total amount of shares
that he is liable to pay.
(3) The Minister of Labor shall set the basic amount of
shares via a deliberation of the committee on the basis of
average amount
of expenses under the following subparagraphs
that are required every month when employing disabled
persons, and publish the amount
of shares and may add an
amount thereto within the scope of 1/2 of the basic amount of
shares according to the employment rate
of disabled persons
(the ratio of the total number of disabled persons employed to
the total number of full-time workers who are
monthly
employed): Provided that the basic amount of shares shall be
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not less than 60/100 of the minimum wages of the relevant
year when it is notified publicly:
1. Expenses necessary for an installation or repair of
facilities or equipments required for employing disabled
persons;
2. Expenses necessary for measures for adequate employment
management of disabled persons; and
3. Other expenses specially required for employing disabled
persons.
(4) The Minister of Labor may reduce or exempt the
amount of shares for the employers, who provide the vocational
rehabilitation
facilities or the standard workplaces and other
self-reliant workplaces designated by the Minister of Labor for
disabled persons
under the Welfare of Disabled Persons Act and
the Industrial Accident Compensation Insurance Act with
production equipments, raw
materials and technology, etc. and
take exclusive charges of the production management and sale
of products, or those who grant
an independent contract to the
vocational rehabilitation facilities and self-reliant workplaces for
the disabled and receive the
delivered products.
(5) Employers shall submit a declaration on matters
provided by the Ordinance of the Ministry of Labor, and pay
the amount of shares
for the relevant year, to the Minster of
Labor within 90 days after the first day of next year (within 60
days after the day when
the relevant business is discontinued
or closed, in case where a business is discontinued or closed
during the year).
(6) The Minister of Labor may, in case where an employer
fails to submit the declaration or to pay the shares within the
period
fixed in paragraph (5), investigate it and collect the
shares.
(7) The Minister of Labor shall, in case where the amount
of shares paid by employers differs from the amount actually
due, or
where deemed to be caused by a false report,
investigate it and collect in addition or return the difference.
(8) The shares may
be paid by installments under the
conditions as provided by the Presidential Decree. In this case,
if the amount of shares that
is allowed to be paid in
installments is paid in full within the payment deadline referred
to in paragraph (5), an amount that
is set by the Presidential
Decree within the scope of 5/100 of the amount of shares may
be deducted.
(9) Matters necessary for the standards for a contract, other
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requisites and standards, etc. for reducing or exempting the
shares under paragraph (4) shall be determined by the Minister
of
Labor.
Article 34 (Appropriation and Refund of Overpayment or Erroneous
Payment of Amount of Shares, etc.)
When the Minister of Labor intends to refund any overly or
erroneously paid amount to any employer from among the
amount that the
employer has paid as the amount of shares,
the amount of collection or expense for disposition on default
under this Act or intends
to pay any employment subsidy to
the employer in accordance to the provisions of Article 30, he
may first appropriate them to the
amount of shares that is to
be paid according to the order prescribed by the Presidential
Decree and the amount of collection under
this Act, and then
refund or pay the balance thereof to the relevant employer.
Article 35 (Collection of Surcharge and Arrears)
(1) The Minister of Labor shall, in case where he collects
the shares pursuant to Article 33 (6) and (7), additionally collect
as a surcharge the amount equivalent to 10/100 of the shares,
with respect to the shares to be paid by the employers, unless
otherwise
provided for by the Presidential Decree.
(2) The Minister of Labor shall, in case where an obligor of
the shares under the provisions
of Article 33 fails to pay the
shares by the time limit of payment, collect the amount in
arrears by unit of month under the conditions
prescribed by the
Presidential Decree within the limit of not exceeding 36 months
to the relevant overdue period by taking account
of the
overdue interests rate, etc. of financial institutions under the
provisions of Article 2 of the Banking Act.
(3) The surcharge or the amount in arrears under the
provisions of paragraphs (1) and (2) shall not be collected in
case where
the Presidential Decree prescribes, such as a case
where the amount is a small one or it is admitted that the
collection is inadequate.
Article 36 (Notification)
The Minister of Labor shall, in case where he intends to
collect under Article 33 (6) and (7), notify in writing the obligor
of
the relevant amount and the term of payment, under the
conditions as determined by the Ordinance of the Ministry of
Labor.
Article 37 (Pressing of Payment and Disposition for Recovery of
- 19 -
Arrears)
(1) The Minister of Labor shall, in case where an obligor of
the shares and other amounts due under this Act fails to pay
them,
urge the payment thereof by fixing the term of such
payments.
(2) The Minister of Labor shall, in case where he urges a
payment under paragraph (1), do so in writing. In this case, the
payment
period of 10 days or more shall be given.
(3) If a person who has been urged under paragraph (1)
fails to pay the shares and other
amounts to be collected under
this Act within the specified time limit, the Minister of Labor
may collect them according to the
example of a disposition
taken to collect national taxes in arrears.
(4) In the event that the public sale of any property that is
seized according to the example of a disposition taken to collect
national taxes in arrears under paragraph (3) requires expert
knowledge or it is recognized as being inappropriate to put the
property up for the public sale on the grounds of special
circumstances, the Minister of Labor may commission the public
sale thereof
to Korea Asset Management Corporation established
pursuant to the Act on the Efficient Disposal of Non-Performing
Assets, etc.
of Financial Institutions and the Establishment of the
Korea Asset Management Corporation (hereinafter referred to as
the "Corporation")
under the conditions as prescribed by the
Presidential Decree. In this case, the public sale of such
property shall be deemed to
be peformed by the Minister of
Labor.
(5) The Minister of Labor may, if the Corporation is
commissioned to perform the public sale of any property in
accordance with
paragraph (4), pay fees to the Corporation
under the conditions as prescribed by the Ordinance of the
Ministry of Labor.
(6) In the event that the Corporation is commissioned to
perform the public sale of any property in accordance with
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 38 (Priority of Collections)
The priority given to the collection of shares and other
amounts due under this Act shall be next to the national and
local taxes.
- 20 -
Article 39 (Service of Documents)
With regard to the service of documents concerning the
collection of shares and other amounts due 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 the shares or other amounts due
under this Act, to receive the refund thereof, and to receive the
employment
subsidies 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 by the reasons falling under any of the following
subparagraphs:
1. Claims for the employment subsidy under Article 30;
2. Order given to refund any redeemed employment subsidy
under Article 31 (1);
3. Claim for the refund of the amount of shares under
Article 33 (7);
4. Notification of the payment under Article 36;
5. Urging of the payment under Article 37;
6. Claims for the delivery to be made in accordance with
the procedures for disposition for arrears under 37; and
7. Other reasons for the interruption of prescription prescribed
by the Civil Act.
1. Payment deadline that is set by a return order;
2. Period during which a claim is filing for the refund of
the amount of shares;
3. The term of payment notified under Article 36;
4. The term of payment based on an urging; and
5. The term during which a request for delivery remains
effective.
Article 42 (Disposal of Deficit)
The Minister of Labor may, in case where there exist any
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reasons falling under any of the following subparagraphs on the
defaulters, make the disposal of deficits of shares or other
amounts
due under this Act:
1. Where the disposition for arrears is concluded and the
amounts to be allocated to delinquent amounts are less
than the relevant
delinquent amounts;
2. Where the extinctive prescription is completed under
Article 40; and
3. Where there is no possibility of collection pursuant to the
Presidential Decree.
CHAPTER IV
Korea Em ploym ent Prom otion Agency for Disabled Persons
Article 43 (Establishment of Korea Employment Promotion Agency
for Disabled
Persons)
(1) The Korea Employment Promotion Agency for Disabled
Persons (hereinafter referred to as the "Agency") shall be
established for
the purposes of supporting disabled persons to
become self-supporting through a vocational living and
professionally supporting
the employment of disabled persons
by the employers.
(2) The Agency shall carry out the services falling under
any of the following subparagraphs:
1. Collection, analysis, furnishing of the information on
employment promotion and vocational rehabilitation of
disabled persons,
and the survey and research thereon;
2. Vocational guidance such as vocational counsel, vocational
aptitude tests, evaluation of vocational skills, etc. for the
disabled
person;
3. Vocational adaptation training, vocational skills development
training, employment mediation and adaptation guidance
after employment,
for disabled persons;
4. Fostering and training of specialized personnel such as
the disabled persons' vocational living counselor;
5. Supports to the improvement of environment of the
employment of disabled persons and implementation of
employment obligations
by employers;
6. Guidance and supports to the technical matters concerning
vocational rehabilitation and employment management for
- 22 -
the employers and related agencies;
7. Operations of the vocational adaptation training facilities,
vocational skills development training facilities and
standard workplaces
for disabled persons;
8. Creation and management of computer networks for
employment mediation between employment mediation
agencies for the employment
promotion of disabled
persons, and related services such as publicity, education,
skill contests of disabled persons, etc.;
9. Support for work cooperation among public and private
institutions in order to facilitate the employment of the
disabled and
the vocational rehabilitation for them;
10. International cooperation for the employment of disabled
persons;
11. Other services necessary for employment promotion and
vocational rehabilitation of disabled persons, and services
delegated
by the Minister of Labor or the head of the
central administrative agencies; and
12. Services incidental to the services of subparagraphs 1
through 11.
(3) In order to efficiently carry out the services under
paragraph (2), the Agency may entrust, by obtaining an
approval of the
Minister of Labor, a part of its services to
corporations and organizations.
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 an approval of the Minister of Labor.
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.
Article 47 (Articles of Incorporation)
(1) The following matters shall be stated in the Agency`s
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articles of incorporation:
1. Purpose;
2. Title;
3. Matters concerning the principal and branch offices, and
affiliated agencies under Article 55;
4. Matters concerning businesses;
5. Matters concerning the assets and accounting;
6. Matters concerning the officers and employees;
7. Matters concerning the board of directors;
8. Matters concerning the alterations of the articles of
incorporation;
9. Matters concerning the public notices;
10. Matters concerning the institution, revision and abrogation
of internal regulations; and
11. Matters concerning dissolution.
(2) The articles of incorporation of the Agency shall be
subject to an authorization of the
Minister of Labor. The same
shall apply to the amendment thereof.
Article 48 (Appointment and Dismissal of Officers)
(1) The Agency shall have not less than 10 and not more
than 15 directors including
one chief director, and appoint one
auditor.
(2) Three directors including the chief director shall be the
full-time officers.
(3) The President shall appoint and dismiss the chief
director upon the recommendation of the Minister of Labor, and
the said Minister
shall appoint and dismiss directors upon the
recommendation of the chief director (one half of part-time
directors shall be recommended
by the Minister for Health,
Welfare and Family Affairs), except for the ex officio directors
as defined by the Presidential Decree.
(4) Of the full-time and part-time directors, one third or
more shall consist of disabled persons, respectively.
(5) The Minister
of Labor shall appoint and dismiss the
auditor.
Article 49 (Term of Office for Officers)
The term of office for the chief director and directors shall
be 3 years, and that of office for the auditor shall be 2 years,
and they may be reappointed: Provided that the term of office
of ex officio directors shall be during their term of office.
Article
50 (Duties of Officers)
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(1) The chief director shall represent the Corporation, and
preside over the Agency's business.
(2) Directors in full-time service shall, pursuant to the
articles of incorporation, take partial charge of the Agency's
business,
and if the chief director has an accident, they shall act
on behalf of him in such order as determined by the articles of
incorporation.
(3) The auditor shall inspect the business of the Agency,
and audit its accounting.
Article 51 (Disqualifications of Officers)
Persons who fall under any of the following subparagraphs
shall not become the officers of the Agency:
1. Those who are not Korean nationals; and
2. Those who fall under any of subparagraphs of Article 33
of the State Public Officials Act.
Article 52 (Restriction on Concurrent Offices of Officers)
The chief director and the full-time directors shall not hold
another
office concurrently without an approval of the Minister
of Labor.
Article 53 (Board of Directors)
(1) The Agency shall, for the purpose of deliberating and
resolving important matters concerning its business, set up a
board of
directors consisting of the chief director and the
directors.
(2) The chief director shall convene and preside over at a
meeting of the board of directors.
(3) A resolution of the board of directors shall be made by
a presence of the majority of all members and the consenting
votes
of the majority of the members present.
(4) The auditor may attend a meeting of the board of
directors, and state his opinions.
(5) Matters necessary for the board of directors shall be
determined by the articles of incorporation of the Agency.
Article 54
(Appointment and Dismissal of Employees)
The chief director shall appoint and dismiss the employees
of the Agency under the conditions
as determined by the articles
of incorporation. In this case, he shall take an employment of
disabled persons into consideration.
Article 55 (Affiliated Agencies)
(1) The Agency may set up the required affiliated agencies
- 25 -
in order to effectively perform the services under Article 43 (2),
by obtaining an approval of the Minister of Labor.
(2) The chief
director 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.
Article 56 (Free Lease of National Properties, etc.)
The State may, if necessary to establish and manage the
Agency, lease the
national properties and commodities to the
Agency without compensation, pursuant to the State Properties
Act and the Commodity
Management Act.
Article 57 (Borrowing Funds)
The Agency may, if necessary for the services under Article
43 (2), borrow funds (including the borrowing from international
organizations,
foreign governments or foreigners) by obtaining
an approval of the Minister of Labor.
Article 58 (Accounting of Agency)
(1) Business year of the Agency shall be in accordance with
the fiscal year of the Government.
(2) The Agency shall set forth its accounting rules, and
obtain an approval of the Minister of Labor for them.
Article 59 (Approval
of Business Plans, etc.)
The Agency shall prepare its business plan and draft budget
for each business year and obtain an approval of the Minister
of Labor
for them, under the conditions as prescribed by the
Presidential Decree. In this case, the Minister of Labor shall
consult with
the Minister for Health, Welfare and Family
Affairs. The same shall apply to the amendments thereto.
Article 60 (Special Cases
Concerning Preparation of Business Plans
and Draft Budget)
(1) For the purpose of vocational rehabilitation of disabled
persons, etc., the Minister for Health, Welfare and Family
Affairs
may request the Agency to prepare the business plans
and draft budget for the following year not later than April 20
of each year
for the services under Articles 10 through 16 and
19, and to reflect them on the business plans and draft budget
under Article
59. In this case, the Agency shall reflect the
business plans and draft budget requested by the Minister for
Health, Welfare and
Family Affairs on the business plans and
- 26 -
draft budget under Article 59, unless there exist any special
reasons.
(2) The aggregate amount summing up the amount of draft
budget requested by the Minister for Health, Welfare and
Family Affairs
under paragraph (1) and the amount required by
the Agency for the implementation of the services contained in
the business plans
under Articles 10 through 16 and 19, shall
be the amount corresponding to one third of the shares for
employing disabled persons
in the preceding year under Article
33.
(3) The allotment ratio to the amount requested by the
Minister for Health, Welfare and Family Affairs under
paragraph (2)
and the amount required for the implementation
of the Agency's services, shall be prescribed by the Presidential
Decree.
Article 61 (Submission of Settlement of Accounts)
The Agency shall prepare the settlement of accounts of
revenue and expenditure
in each business year, undergo an
audit by a certified public accountant designated by the Minister
of Labor, and submit it to
the Minister of Labor not later than
the end of February in the following business year.
Article 62 (Disposal of Surplus Cash)
The Agency may, in case where any profit accrues as a
result of settlement of accounts at the end of each business
year, replenish
the losses brought forward, and use the
remainder by bringing it forward to the following year.
Article 63 (Collection of Fees)
The Agency may receive the fees and other actual expenses
for the services under the provisions of Article 43 (2).
Article 64 (Investments,
etc.)
(1) Where necessary for efficiently implementing the services,
the Agency may invest or contribute to the services under
subparagraphs
7 and 11 of paragraph (2) of Article 43.
(2) The Agency may establish a management organization
after obtaining a permit of the
Minister of Labor for the
management and operation of the facilities for the purpose of a
rent of the business places under the
provisions of 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 the provisions of
- 27 -
paragraph (2).
(4) Matters necessary for the investment and contribution
and the establishment of management organization under the
provisions
of paragraphs (1) and (2) shall be prescribed by the
Presidential Decree.
Article 65 (Guidance and Supervision over Business)
(1) The Minister of Labor shall guide and supervise the
Agency's business.
(2) The Minister of Labor may have the Agency report on
necessary matters concerning its business, accounts and
property, or take
other necessary measures.
Article 65-2 (Prohibition of Secret Divulgence)
Executive members and officers who work or had worked in the
Agency shall not divulge and appropriate a secret that they have
known
while performing their job.
Article 66 (Prohibition of Use of Similar Title)
Nobody other than the Agency shall use the title of "Korea
Employment Promotion Agency for Disabled Persons" or any
titles similar
to it.
Article 67 (Application Mutatis Mutandis of Civil Act)
The provisions concerning juridical foundations specified in
the Civil Act
shall be applicable mutatis mutandis to the
Agency, except as otherwise provided in this Act.
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 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 employment promotion and vocational
rehabilitation of disabled persons,
such as running the Agency,
granting employment subsidies, etc.
Article 69 (Financial Resources of Fund)
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(1) The Fund shall be created with financial resources falling
under any of the following subparagraphs:
1. Contributions or donations from the Government or
nongovernment persons;
2. Shares, surcharge and arrears under Articles 33 and 35;
3. Profits accrued from the operation of the Fund, and other
revenues of the Agency;
4. Loans under the provisions of Article 57; and
5. Borrowings that are made in accordance with Article 70.
(2) The government shall appropriate in each fiscal year its
contributions
under paragraph (1) 1 to its estimated budget of
expenditures.
Article 70 (Borrowings)
In the event that any shortage accrues or is expected to
accrue from the expenditures of the Fund, borrowings may be
made from
financial institutions, other funds, other financial
resources, etc. at the Fund's expense.
Article 71 (Use of Fund)
The Fund shall be used for the payment of expenses
defined in each of the following subparagraphs:
1. Expenses required for performing the Agency's business;
2. Employment subsides under Article 30;
3. Expenses required for the survey and research on the
policies for employment promotion and vocational
rehabilitation of disabled persons;
4. Financing and support of expenses required for the
installation and repair of facilities and equipments for the
vocational guidance,
vocational adaptation training,
vocational skills development training, employment
mediation or for employment of disabled persons;
5. Loan and support to the expenses and apparatus, etc. for
the employer who employs or intends to employ;
6. Loan and support to the expenses for the employer who
establishes and operates or who intends to establish and
operate the standard
workplace for disabled persons;
7. Financing and support of expenses required by persons
who carry out vocational guidance, employment mediation
and adaptation
guidance after employment;
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;
- 29 -
9. Loans for a foundation fund of self-supporting disabled
persons, and for a vocational living stabilization fund for
the disabled
workers;
10. Expenses required for placing the vocational living
counsellors for disabled persons, for the purpose of the
employment management
of disabled workers by
employers;
11. The amount of redemption for and interest on the
borrowings under Article 70;
12. The secondary absorption of funds that are loaned by
the disabled and employers from financial institutions
under this Act;
13. The reward under Article 32; and
14. Other expenses required for the business as defined by
the Presidential Decree for employment promotion and
vocational rehabilitation
of disabled persons, and expenses
incidental to the implementation of business under
subparagraphs 1 through 10.
Article 72 (Operation and Management of Fund)
(1) The Fund shall be operated and managed by the
Minister of Labor.
(2) Fiscal year of the Fund shall depend on the government
fiscal year.
(3) In operating the Fund, its profits shall be ensured to
exceed the level as prescribed by the Presidential Decree, and
the Fund
shall be operated by the method falling under any of
the following subparagraphs:
1. Deposits in the financial institutions or postal service
agencies under the Banking Act or other Acts;
2. Purchase of the bonds issued by the State or local
governments;
3. Purchase of the bonds whose payment is guaranteed by
the financial institutions under the Banking Act or other
Acts, or by others
defined by the Presidential Decree;
4. Deposits in the Public Fund Management Fund under the
Public Fund Management Fund Act; and
5. Other methods as prescribed by the Presidential Decree.
Article 73 (Accounting Agency of Fund)
(1) The Minister of Labor shall appoint the Fund revenue
collection officer, the Fund financial officer, the Fund disbursing
officer
and the Fund accounting official in order to carry on the
- 30 -
affairs of revenue and expenditure for the Fund, from among
public officials under his jurisdiction.
(2) In the event that the Minister of Labor entrusts the
Agency with the business of extending loans to employers in
accordance
with Article 82, he shall appoint a director in charge
of the Fund revenue, a director in charge of the receipts and
disbursements
of the Fund and a director in charge of the
causative acts of the Fund expenditure from among standing
directors of the Agency,
and the Fund disbursing employee and
the Fund accounting employee from among employees of the
agency, respectively. In this case,
the director in charge of the
Fund revenue shall do the business of the Fund revenue
collection officer, the director in charge
of the causative acts of
the Fund expenditure do that of the Fund financial officer, the
Fund disbursing employee do that of the
Fund disbursing
officers, and the Fund accounting employees do that of the
Fund accounting official, respectively.
Article 74 (Creation of Fund Account)
The Minister of Labor shall have the Fund disbursing officer
create the Fund Account in the Bank of Korea.
CHAPTER VI
Supplementary Provisions
Article 75 (Disabled Persons' Vocational Living Counsellor, etc.)
(1) The Minister of Labor shall foster the specialized
personnel
such as the disabled persons' vocational living
counsellors in charge of the affairs for employment promotion
and vocational rehabilitation
of disabled persons, including
vocational guidance, vocational adaptation training, vocational
skills development training, adaptation
training after
employment, etc. for disabled persons.
(2) Employers employing the disabled workers of not less
than the number defined by the Presidential Decree shall
employ a disabled
persons' vocational living counsellor under
paragraph (1).
(3) The Minister of Labor shall, if deemed necessary,
support the rehabilitation executing facilities under Article 9 (2)
upon
receipt of a request for the cooperation concerning the
specialized personnel under paragraph (1).
(4) Matters necessary for the kind, fostering, placing, role
- 31 -
and qualifications, etc. of the specialized personnel under
paragraph (1) shall be determined by the Ordinance of the
Ministry
of Labor.
Article 76 (Report and Inspection, etc.)
(1) The Minister of Labor may, where necessary for an
implementation of business, such as an investigation of actual
status of
disabled persons, an investigation of implementation of
employment obligations of disabled persons, a subsidy for
employment and
various supports to employers, a collection of
shares, etc., have the related public officials enter a workplace,
ask questions
of the interested persons, or inspect the related
documents or make them report on necessary matters.
(2) Public official entering
the workplaces under paragraph
(1) shall carry and present a certificate to the interested persons,
indicating his competence.
In this case, the said certificate may
be substituted by his 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 (Subsidies to Expenses)
The State and local governments may support the persons
performing the employment promotion projects for disabled
persons with
all or a part of the expenses required therefor,
under the conditions as prescribed by the Presidential Decree.
Article 79 (Exception
for State and Local Governments)
The provisions of Articles 28 through 42 shall not apply to
the State and local governments.
Article 80 (Cooperation)
(1) The State agencies, local governments, rehabilitation
executing facilities and other agencies or organizations relevant
to
disabled persons shall cooperate in the policies executed by
the Minister of Labor for the purpose of ensuring the
employment promotion
and vocational rehabilitation for disabled
persons.
(2) The Minister of Labor may grant the necessary supports
- 32 -
to the persons who carry out the policies under paragraph (1)
(excluding State agencies and local governments).
Article 81 (Request
for Furnishing Material)
(1) The Minister of Labor may, if it is deemed necessary to
facilitate the employment of the disabled and to efficiently
operate
the vocational rehabilitation project for them, ask central
administrative agencies, local governments, and institutions and
organizations
involved in the facilitation of the employment of
the disabled and the vocational rehabilitation project for them to
furnish necessary
material.
(2) The Agency, etc. that is delegated or entrusted with part
of the authority of the Minister of Labor pursuant to Article 82
may, if it is deemed necessary to per form the delegated or
entrusted authority, ask the National Tax Service, local
governments,
administrative agencies concerned, institutions and
organizations, etc. involved in the facilitation of the employment
of the disabled
and the occupational rehabilitation project to
furnish necessary material.
(3) Any person shall, upon receiving the request for
furnishing the material under paragraphs (1) and (2), comply
with the request
unless the justifiable grounds exist that make it
impossible for him to do so.
Article 82 (Delegation or Entrustment of Authority)
The Minister of Labor may delegate part of his authority
under this Act to
the head of every local labor agency, the
Special Metropolitan City Mayor, Metropolitan City Mayor or
Do governor, or entrust the
Agency with such authorities.
Article 83 (Relations with Other Acts)
With regard to the matters that are not provided in this
Act, the provisions of labor-related Acts, such as the Labor
Standards
Act, Employment Security Act, Vocational Training
Promotion Act, etc. shall apply.
Article 84 (Penal Provisions)
Any person who has received the payment of employment
subsidy provided for in Article 31 (1) 1 in a false and illegal
way shall
be punished by imprisonment for not more than 5
years or by a fine not exceeding 10 million won.
Article 84-2 (Penal Provisions)
Any person who has divulged and appropriated a secret in
violation of Article 65 (2) shall be punished by imprisonment
- 33 -
for not more than 2 years or by a fine not exceeding 10 million
won.
Article 85 (Joint Penal Provisions)
(1) If the representative of a corporation or the agent, the
employed or any other employee of a corporation commits an
act of
violating Article 84 in relation with the business of the
corporation, such corporation shall be fined in addition to the
punishment
of the actor.
(2) If the agent, the employed or any other employee of an
individual commits an act of violating Article 84 in relation
with the
business of the individual, such individual shall be
fined in addition to the punishment of the actor.
Article 86 (Fine for Negligence)
(1) Any person who violates an order issued under Article
29 (1) or (2) shall be punished by a fine for negligence of not
more
than three million won.
(2) Any person who falls under any of the following
subparagraphs shall be punished by a fine for negligence of not
more than two
million won:
1. Where he fails to make a declaration under Article 33 (5),
or makes a false declaration; and
2. Where he refuses, obstructs or evades the inspection
under Article 76 (1), or fails to make a report, or makes
a false report.
(3) Any person who falls under any of the following subparagraphs
shall be punished by a fine for negligence of not more than
one
million won:
1. Where he violates the provisons of Article 66;
2. Where he violates the provisions of Article 75 (2); and
3. Where he refuses, obstructs or evades answering questions
under Article 76 (1), or answers falsely.
(4) The fine for negligence under paragraphs (1) through (3)
shall be imposed and collected by the Minister of Labor under
the
conditions as prescribed by the Presidential Decree.
(5) Any person who is dissatisfied with the disposition of
the fine for negligence
under paragraph (4) may make an
objection against the Minister of Labor within thirty days after
he is informed of such a disposition.
(6) If a person subjected to a disposition of the fine for
negligence under paragraph (4) files an objection under
paragraph (5),
the Minister of Labor shall notify without delay
the competent court, and the court so notified shall hold a trial
- 34 -
of the case under the Non-Contentious Case Litigation Procedure
Act.
(7) If neither an objection is made nor a fine for negligence
is paid within the period under paragraph (5), it shall be
collected
according to the example of a disposition on national
taxes in arrears.
Article 87 (Fictitious Public Official in Application of Penal
Provisions)
Officers or the personnel of the Agency which is entrusted
with the affairs of this Act under Article 82 shall be regarded
as public
officials in the application of Articles 129 through 132
of the Criminal Act.
ADDENDUM
This Act shall enter into force six months after the date of
its promulgation: Provided, That the amended provisions of
Article
26 shall enter into force on January 1, 2008.
ADDENDUM
This Act shall enter into force on Jan. 1, 2008: Provided,
That the amended provisions of Article 65(2) and 84(2) shall
enter into
force on the date three months after the
promulgation, and the amended provisions of Article 27 on Jan.
1, 2009.
ADDENDUM
This Act shall enter into force on the date of promulgation:
Provided, That ...(omitted)...among the revised acts under Article
- 35 -
6 of the Supplementary Rules, the revised parts of the act that
was promulgated before the enforcement of this Act but the
enforcement
date has not arrived, shall be enforced on the
promulgation date of the act concerned.
Articles 2 through 5 Omitted.
Articles 6 (Revision of Other Laws)
(1) through (535) Omitted.
(536) Parts of the Act on Employment Promotion and
Vocational Rehabilitation for Disabled Persons shall be revised
as follows:
"Minister of Health and Welfare" as prescribed in Article 7
(1) shall be changed to "Minister for Health, Welfare and
Family Affairs."
"(Coordination with Ministry of Education and Human
Resources Development and Ministry of Health and Welfare)" in the title
of
Article 8 shall be changed to "(Coordination with Ministry of
Education, Science and Technology and Ministry of Health, Welfare
and Family Affairs)."
"Minister of Education and Human Resources Development"
in article 8(1) shall be changed to "Minister of Education, Science and
Technology."
"Minister of Health and Welfare" as prescribed in Article
8(2), 10(1) through (4), 11(1) through (4), 13(1), 19(1), 48(3),
former
part of Article 59, former and latter part of 60(1) and
(2), (3) shall be changed to "Minister for Health, Welfare and
Family Affairs."
(537) through (760) Omitted.
Articles 7 Omitted.
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