Last Change:

05/27/2025

Act on Welfare of Persons with Disabilities

Year: 1998

Type: Domestic law

Rights Category: Health, Social protection, Documentation

Description

The purpose of this Act is to contribute to social integration through improving welfare and encouraging participation in social activities of persons with disabilities by clarifying responsibilities of the State and local governments, etc. to ensure a decent life and the rights of persons with disabilities, advancing overall welfare measures for persons with disabilities through activities concerning the prevention of disability, medical care, education, rehabilitation of employment, and improvement of living environment, etc. for persons with disabilities and contributing to the stability of livelihood by deciding on matters necessary for self-reliance, protection, allowances, etc. of persons with disabilities.

 

Selected provisions
Article 32-2 - Registration as Person with a Disability by Overseas Koreans and Foreigners

(1) Any overseas Korean or foreigner who falls under any of the following subparagraphs may be registered as a person with a disability pursuant to Article 32: <Amended on Dec. 29, 2015; Dec. 19, 2017>

1. A person who has reported on his or her place of residence in Korea pursuant to Article 6 of the Act on the Immigration and Legal Status of Overseas Koreans;

2. A person who obtains resident registration as a Korean national residing abroad under Article 6 of the Resident Registration Act;

3. A person who completes registration as foreigners pursuant to Article 31 of the Immigration Act, and also has qualifications for permanent residency in Korea among qualifications for sojourn referred to in Article 10 (1) of that Act;

4. A marriage-based immigrant referred to in subparagraph 3 of Article 2 of the Framework Act on Treatment of Foreigners Residing in the Republic of Korea;

5. A person who is a recognized refugee pursuant to subparagraph 2 of Article 2 of the Refugee Act.

(2) With respect to persons with disabilities who are registered pursuant to paragraph (1), the State and local governments may restrict support for welfare-related business for persons with disabilities in consideration of budgets, etc.

[This Article Newly Inserted on Jan. 26, 2012]

Article 18 - Medical and Rehabilitation Treatment

The State and local governments shall take necessary measures, including supplying persons with disabilities with rehabilitation medical services, such as functional treatment and psychological treatment, in order for them to learn or restore their basic capabilities and supplying them with auxiliary appliances for use by those with disabilities.

Article 32 - Registration as Persons with Disabilities

(1) A person with a disability and his or her legal representative or his or her guardian prescribed by Presidential Decree (hereinafter referred to as "legal representative, etc.") shall register details of the disability and other matters prescribed by Ordinance of the Ministry of Health and Welfare with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply), and if the person with a disability who has filed an application for registration meets the standards referred to in Article 2, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall issue a registration certificate for a person with a disability (hereinafter referred to as "registration certificate") to him or her. <Amended on Feb. 29, 2008; Jan. 18, 2010; May 27, 2010; Jun. 22, 2015; Feb. 8, 2017>

(2) Deleted. <Feb. 8, 2017>

(3) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may take necessary measures for a person with a disability or his or her legal representative, etc., such as diagnosis of disability, in order to adjust the degree of disability of the person with a disability who has received a registration certificate pursuant to paragraph (1) according to a change in the conditions of disability. <Amended on Feb. 8, 2017; Dec. 19, 2017>

(4) Deleted. <Jan. 9, 2024>

(5) No registration certificate shall be transferred or lent, and no name or mark similar to a registration certificate shall be used.

(6) The Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun/Gu may request a precise examination on the degree of disability from a public institution under Article 4 of the Act on the Management of Public Institutions, as prescribed by Presidential Decree, if necessary to verify that the disability acknowledgement and assessment of a person with a disability is appropriate in registering the person with a disability under paragraph (1) and in adjusting the degree of disability according to a change in the conditions of disability under paragraph (3). <Newly Inserted on May 27, 2010; Jun. 22, 2015; Dec. 29, 2015; Dec. 19, 2017>

(7) Deleted. <Jul. 27, 2021>

(8) Where it is necessary to verify the authenticity or validity of a registration certificate by using the social security information system under Article 37 of the Framework Act on Social Security, the Minister of Health and Welfare, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu may do so. <Amended on Feb. 13, 2024>

(9) Except as provided in paragraphs (1), (3), (5), (6), and (8), matters necessary for the registration of persons with disabilities, issuance of registration certificates, diagnosis of disabilities, precise examination of the degree of disability, verification of the authenticity or validity of registration certificates, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Amended on Feb. 13, 2024>

Article 34 - Measures such as Rehabilitation Counseling

(1) The Minister of Health and Welfare, the Special Metropolitan City Mayor, Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (hereinafter referred to as "welfare services agency") shall provide medical examination and rehabilitation counseling for persons with disabilities and, when deemed necessary, take the following measures: <Amended on Feb. 29, 2008; Jan. 18, 2010; Jun. 22, 2015>

1. Providing medical care and health guidance for persons with disabilities by requesting national and public hospitals, public health centers, their branches, and other medical institutions (hereafter referred to as "medical institutions") to render the said services;

2. Providing necessary services, including accommodations, counseling, medical treatment, and training, at the welfare facilities for persons with disabilities installed by the State or a local government;

3. Providing necessary services, including accommodation, counseling, medical treatment, and training, at welfare facilities for persons with disabilities installed under Article 59 by entrusting such services to the facilities;

4. Introducing persons who need vocational training provided by public occupational capability development facilities or placement services, to related facilities or employment security service agencies.

(2) Welfare services agencies for persons with disabilities may, when deemed necessary for the rehabilitation counseling under paragraph (1), require welfare counselors for persons with disabilities under Article 33 to visit homes of the relevant persons with disabilities or the facilities or medical institutions where such services as accommodations, counseling, medical treatment, and training are rendered to the persons with disabilities, to provide counseling or necessary guidance.

(3) In the event that a user of a residential facility for persons with disabilities under Article 58 (1) 1 dies, if there is no person to perform a funeral for the person, welfare service agencies may perform the funeral or have the head of the relevant facility perform the funeral. In such cases, the head of a welfare service agency that conducts welfare for the person with disabilities or a residence facility for the person with disabilities may allocate money or securities of the deceased person for the expenses necessary for the funeral, and if there is a shortage, dispose of the articles left by the deceased and cover the cost thereof. <Newly Inserted on Dec. 29, 2020>

(4) Detailed procedures for allocating funeral expenses pursuant to the latter part of paragraph (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare. <Newly Inserted on Dec. 29, 2020>

[Title Amended on Mar. 30, 2011]

Article 51 - Recovery of Educational Expenses for Children and Disability Allowances

(1) When a person who has received educational expenses for children, and disability allowance, etc. falls under any of the following, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall recover some or all of the educational expenses for children, and disability allowance, etc. received by such person: <Amended on Jun. 22, 2015>

1. Where the person has received educational expenses for children, and disability allowances, etc. by fraud or other improper means;

2. Where reasons for receiving educational expenses for children, and disability allowances, etc. retroactively cease to exist after the receipt of educational expenses for children, and disability allowance, etc.;

3. Where activity support allowances or allowance costs have been mistakenly paid.

(2) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu requests a person who has received educational expenses for children, and disability allowances, etc. to return the educational expenses for children, and disability allowances, etc. within a specified period on the grounds referred to in the subparagraphs of paragraph (1) and the person fails to return them within such period, he or she may collect them in the same manner as delinquent national or local taxes are collected. <Amended on Jun. 22, 2015>

(3) Where the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu deems that it is impracticable to recover educational expenses for children, and disability allowances, etc. due to the unknown whereabouts of, or lack of assets owned by, persons who are supposed to return the educational expenses for children and disability allowances, etc. or other causes prescribed by Presidential Decree when collecting the educational expenses for children, and disability allowances, etc. pursuant to paragraph (2), he or she may write them off. <Amended on Jun. 22, 2015>

(4) Targets and methods of write-off under paragraph (3) and other matters necessary therefor shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jan. 26, 2012]

Article 55 - Support for Activity-Supporting Allowance

(1) The State and local governments may support activity-supporting allowances for persons with disabilities so that they can live their daily lives and carry out social activities without difficulty. <Amended on Jan. 4, 2011; Dec. 19, 2017>

(2) The State and local governments may support activity-supporting services including dispatch of a personal assistant to a woman with a disability who has difficulty in mobility due to pregnancy, etc. for medical care related to pregnancy and childbirth, etc., taking into account her financial capability, etc. <Amended on Dec. 11, 2018; Dec. 21, 2021>

(3) Deleted. <Jan. 4, 2011>

[Title Amended on Jan. 4, 2011]