Act On Activity Assistant Services For Persons With Disabilities


Published: 2011-03-30

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CHAPTER Ⅰ GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to raise the quality of life of persons with disabilities by assisting persons with disabilities to live self-reliantly and by lifting the burden on their families through prescribing matters concerning an activity-support allowance for persons with disabilities, who are unable to lead their daily and social lives by themselves due to a physical or mental disability, etc.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 10518, Mar. 30, 2011>
1. The term "persons with disabilities" means persons with disabilities as prescribed in Article 2 of the Act on Welfare of Persons with Disabilities;
2. The term "activity-support allowance" means services, such as activity assistance, visiting bathing service, visiting nursing service as prescribed in Article 16 (1) provided for recipients;
3. The term "recipient" means a person recognized as a recipient pursuant to Article 9 (2) who is to receive or is receiving an activity-support allowance;
4. The term "activity-support project" means a project concerning an activity-support allowancethe State and local governments implement as prescribed by this Act;
5. The term "person obligated to support" means a person responsible for supporting a recipient (including an applicant pursuant to Article 6 (1); hereafter the same shall apply in this subparagraph), who is a lineal blood relative within the first degree of kinship with such recipient, spouse thereof and other persons responsible for the livelihood of such recipient as prescribed by Presidential Decree.
6. The term "institution providing activity support for persons with disabilities" means an institution designated pursuant to Article 20, which provide recipients with anactivity-support allowance;
7. The term "personnel providing activity support for persons with disabilities" means a person affiliated with an institution providing activity support for persons with disabilities, who provide anactivity-support allowance to recipients.
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 Article 3 (Responsibilities of the State and Local Governments)   print
(1) The State and local governments shall prepare measures by providing appropriate activity-support allowances for persons with disabilities in order for them to lead smooth daily and social lives.
(2) The State and local governments shall annually raise necessary finances to assist persons with disabilities to live self-reliantly and to lift the burden on their families.
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 Article 4 (Deliberation of Activity-Support Projects)   print
The Policy Coordination Committee for Persons with Disabilities pursuant to Article 11 of the Act on Welfare of Persons with Disabilities shall deliberate on the following matters concerning activity-support projects:
1. Matters concerning basic direction-setting for activity-support projects;
2. Matters concerning funding for promoting activity-support projects;
3. Matters of cooperation from relevant Ministries concerning activity-support projects;
4. Other important matters prescribed by Presidential Decree concerning the implementation of this Act.
CHAPTER Ⅱ RECOGNITION OF ACTIVITY SUPPORT ALLOWANCES
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 Article 5 (Eligibility for Activity-Support Allowances)   print
Persons eligible to apply for an activity-support allowance shall meet all the following requirements:
1. Persons with serious disabilities of a degree equal to or more severe than the degree of disability prescribed by Presidential Decree, who have difficulty in leading daily and social lives by themselves;
2. Persons who are not elderly citizens pursuant to subparagraph 1 of Article 2 of the Act on Long-Term Care Insurance for the Aged and are over the age prescribed by Presidential Decree: Provided, That in cases of former recipients pursuant to this Act and have ceased to be eligible for long-term care benefits pursuant to the Act on Long-Term Care Insurance for the Aged after 65 years of age, and meet the standards determined by the Minister of Health and Welfare, such persons are eligible to apply for an activity-support allowance;
3. Persons who do not fall under a case prescribed by Presidential Decree, such as where they are receiving another allowance similar to an activity-support allowance or they have been admitted into a social welfare facility pursuant to Article 32 of the National Basic Living Security Act.
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 Article 6 (Application for Activity-Support Allowances)   print
(1) Any person who applies for an activity-support allowance shall file an application for an activity-support allowance (hereinafter referred to as "application") to the competent Governor of a Special Self-Governing or the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply).
(2) Matters necessary for the methods, procedures, etc. of applying for an activity-support allowance pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 7 (Investigation of Application for Activity-Support Allowances)   print
(1) Upon receipt of an application as prescribed in Article 6, the competent Governor of a Special Self-Governing Province or the head of the competent Si/Gun/Gu shall investigatethe following matters, as prescribed by Ordinance of the Ministry of Health and Welfare and prepare an inspection report:
1. State of the physical and mental function of the applicant;
2. Kinds and details of an activity-support allowance necessary for the applicant;
3. Matters prescribed by Presidential Decree concerning standards of living, such as income, property, etc. of the applicant and the person obligated to support the applicant, being data necessary for calculating the principal's apportionment;
4. Other matters necessary for granting an activity-support allowance, which are prescribed by Ordinance of the Ministry of Health and Welfare.
(2) Upon receipt of an application as prescribed in Article 6, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may examine the degree of disability of the applicant as prescribed in Article 32 of the Act on Welfare of Persons with Disabilities.
(3) Where it is difficult to collect data necessary to verify matters referred to in the subparagraphs of paragraph (1) or to conduct an examination prescribed in paragraph (2), the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may require the applicant, the person obligated to support the applicant or other relevant persons to submit data necessary for verifying income, property, degree of disability, etc., as prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, or the Minister of Health and Welfare in receipt of a request from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gudeems it necessary to investigate matters referred to in the subparagraphs of paragraph (1), he/she may request data concerning national tax, local tax, land, houses, buildings, automobiles, ships, aircraft, national health insurance, national pension, employment insurance, industrial accident compensation insurance, veterans benefits, military pension, pension for private school teachers and staff, public officials pension, special post office pension, basic senior pension, pension for persons with disabilities, departure from or entry into Korea, situation of being committed to correctional institutions or facilities for medical treatment in custody, burial, cremation, funeral, resident registration, family relation registration, etc. to the heads of relevant institutions. In such cases, the heads of relevant institutions who are requested to provide data shall comply with such request unless any justifiable ground exists.
(5) Each public official who conducts investigations as prescribed in paragraph (1) shall carry a certificate indicating his/her authority and produce to interested persons.
(6) Where an applicant or a person obligated to support him/her rejects, interferes with or evades a request for the provision of documents or data necessary for investigations or examinations, or for investigations and answers to questions pursuant to paragraphs (1) and (2), or for the provision of data pursuant to paragraph (3) on two or more occasions, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may reject the application for an activity-support allowance. In such cases, he/she shall clearly state the grounds therefor in writing and notify the applicant and the person obligated to support thereof.
(7) Matters necessary for procedures for inspections pursuant to paragraph (1) and methods, procedures, etc. for examinations pursuant to paragraph (2) shall be prescribed by Presidential Decree.
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 Article 8 (Deliberation Committee on Entitlement to Activity-Support for Persons with Disabilities)   print
(1) A Deliberation Committee on Entitlement to Activity-Support for Persons with Disabilities (hereinafter referred to as "Entitlement Deliberation Committee") may be established under a Special Self-Governing Province or each Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) to deliberate on the recognition of entitlements to an activity-support allowance (hereinafter referred to as "entitlement"), the class of activity-support, etc.
(2) Entitlement Deliberation Committees shall be established in the unit of a Special Self-Governing Province or Si/Gun/Gu, however, in consideration of the number, etc. of registered persons with disabilities, two or more Entitlement Deliberation Committees may be established in each Special Self-Governing Province or Si/Gun/Gu or one Entitlement Deliberation Committee may be established by consolidating two or more of a Special Self-Governing Province, Si/Gun/Gu.
(3) Each entitlement Deliberation Committee shall consist of nine members, including a chairperson, and the chairperson shall be elected from among members of each committee.
(4) Members of each Entitlement Deliberation Committee shall be appointed or entrusted by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu from among the following persons: Provided, That in cases where one Entitlement Deliberation Committee is to be established by consolidating two or more of a Special Self-Governing Province or a Si/Gun/Gu, the method, etc. of organizing members shall be prescribed by Presidential Decree:
1. Representative of an organization of persons with disabilities in the relevant area;
2. Medical personnel as prescribed in the Medical Service Act;
3. Social workers as prescribed in the Social Welfare Services Act;
4. Public officials affiliated with a Special Self-Governing Province, Si/Gun/Gu, who are in charge of the welfare of persons with disabilities;
5. Other persons with abundant knowledge and experience in the welfare of persons with disabilities or in activity-support projects.
(5) The term of office of entrusted members among the members prescribed in paragraph (4) shall be three years.
(6) Each Entitlement Deliberation Committee shall open its sessions with the attendance of a majority of all incumbent members and pass resolutions with the consent of a majority of those present.
(7) Except as otherwise provided for in this Act, the organization and operation of Entitlement Deliberation Committees and other necessary matters shall be prescribed by Presidential Decree.
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 Article 9 (Examination, etc on Entitlement)   print
(1) Upon completion of an inspection under Article 7, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gushall submit applications, outcomes of inspection and other data necessary for deliberations to the competent Entitlement Deliberation Committee.
(2) Where an applicant meets eligibility requirements pursuant to Article 5, the competent Entitlement Deliberation Committee shall recognize such applicant as a recipient in accordance with the standards for examination of entitlement prescribed by Presidential Decree concerning the class of activity-support, such as physical or mental state, degrees in need of activity-support, etc.
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 Article 10 (Period for Examination of Entitlement)   print
(1) Each Entitlement Deliberation Committee shall finish the examination of entitlement pursuant to Article 9 (2) within 30 days from the date an applicant submits an application: Provided, That in cases where an inevitable ground for which it is impossible to finish the examination of entitlement within such period, such as where additional investigations of the applicant is needed, etc., such period may be extended up to 30 days.
(2) Where each Entitlement Deliberation Committee intends to extend the period pursuant to the proviso to paragraph (1), the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall notify the applicant or his/her agent of the details, grounds and period.
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 Article 11 (Notice of Decision on Entitlement to Activity Support)   print
(1) When the competent Entitlement Deliberation Committee finishes the examination of entitlement, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall prepare a notice of decision on entitlement to activity support stating the following matters without delay, send it to the applicant, and notify the details thereof to the entrusted institution pursuant to Article 31 (3):
1. Whether his/her entitlement is recognized;
2. Class of activity support;
3. Kinds and details of an activity-support allowance;
4. Principal's apportionment;
5. Date on which allowances are granted;
6. Other matters prescribed by Ordinance of the Ministry of Health and Welfare concerning an activity-support allowance.
(2) When the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu sends a notice of decision on entitlement to activity support as prescribed in paragraph (1), he/she shall also send a plan for standard allowances use within the monthly ceiling pursuant to Article 18 to ensure smooth use of an activity-support allowance.
(3) Matters necessary for the method, etc. of preparing a notice of decision on entitlement to activity support and a plan for standard allowances use pursuant to paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 12 (Period of Validity of Entitlement)   print
(1) The period of validity of a decision on entitlement pursuant to Article 11 (1) shall exceed at least one year and be prescribed by Presidential Decree: Provided, That if a recipient reaches 65 years of age, his/her entitlement shall be recognized until the month following that in which he/she reach reaches 65 years of age.
(2) The method of calculating the period of validity pursuant to paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
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 Article 13 (Renewal of Entitlement)   print
(1) If a recipient intends to continue receiving an activity-support allowance after the period of validity of entitlement pursuant to Article 12 expires, he/she shall apply for the renewal of entitlement to the competent Governor of a Special Self-Governing Province or the competent head of a Si/Gun/Gus.
(2) An application for the renewal of entitlement pursuant to paragraph (1) shall be filed by no later than 30 days before the period of validity expires.
(3) The provisions of Articles 5 through 12 shall apply mutatis mutandis to procedures for renewing entitlement.
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 Article 14 (Change of Class of Activity Support)   print
(1) A recipient who intends to receive an activity-support allowance after changing the class of activity-support shall file an application for change to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.
(2) The provisions of Articles 5 through 12 shall apply mutatis mutandis to procedures for changing the class of activity-support: Provided, That some matters prescribed in Article 7 (1) 3, etc., may be excluded from an inspection subsequent to an application for change, as prescribed by Presidential Decree.
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 Article 15 (Application, etc. by Proxy)   print
(1) If a person who intends to receive an activity-support allowance or a recipient is unable to file, for himself/herself, an application for an activity-support allowance, application for renewal of entitlement, application for change of class of activity-support, etc. prescribed by this Act on physical or mental health grounds, his/her family member, relative or another interested person may act on behalf of him/her.
(2) Any public official who takes full charge of social welfare pursuant to Article 14 of the Social Welfare Services Act may act on behalf of a person residing within the jurisdiction in the application, etc. for an activity-support allowance pursuant to paragraph (1) with the consent of such person or his/her family.
(3) Notwithstanding the provisions of paragraphs (1) and (2), if a person who intends to receive an activity-support allowance or a recipient is unable to file an application for an activity-support allowance, etc. pursuant to paragraph (1), a person designated by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may act on behalf of such person or recipient.
(4) Matters necessary for the methods, procedures, etc. of acting on behalf of another person in filing an application for an activity-support allowance pursuant to the provisions of paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER Ⅲ PROVISION OF ACTIVITY SUPPORT ALLOWANCES
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 Article 16 (Kinds of Activity-Support Allowances)   print
(1) The kinds of activity-support allowances pursuant to this Act shall be as follows: <Amended by Act No. 10518, Mar. 30, 2011>
1. Activity assistance: Activity support allowances assisting in physical activities, household activities, mobility assistance, etc. provided by activity assistants pursuant to Article 27, who are activity-support personnel for persons with disabilities (hereinafter referred to as "activity-support personnel"), after visiting each recipient' home, etc.;
2. Visiting bathing services: Activity support allowances providing bathing services using equipment fitted with bathing facilities by activity-support personnel after visiting each recipient' home, etc.;
3. Visiting nursing services: Activity support allowances providing nursing service, assistance in medical treatment, consultation on recuperation, oral health, etc. according to the directions of a doctor, oriental doctor or dentist (hereinafter referred to as "instructions for visiting nurse service") by nurses, etc., who are activity-support personnel after visiting each recipient' home, etc.;
4. Other activity-support allowances: Activity support allowances prescribed by Presidential Decree, such as night time protection, etc.
(2) Standards and procedures for, methods and scope of providing activity-support allowances and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 17 (Timing, etc. for Providing Activity Support Allowances)   print
(1) Recipients are entitled to receive an activity-support allowance from the date on which such allowance is granted as stated in the notice of decision on entitlement to activity-support pursuant to Article 11 (1).
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may provide recipients with activity-support allowance coupons indicating (including records by electronic or magnetic means) the quantity of activity-support allowances or an amount equivalent thereto so that recipients may receive activity-support allowances.
(3) Matters necessary for the issuance, procedures of use, etc. of activity-support allowance coupons shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 18 (Monthly Ceiling of Activity Support Allowances)   print
(1) Activity support allowances shall be provided within the monthly ceiling. In such cases, such monthly ceiling shall be calculated in consideration of the class of activity-support, etc.
(2) Standards for and methods of calculating monthly ceilings pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 19 (Restrictions on Activity Support Allowances or Suspension thereof)   print
(1) Where a person who is receiving or eligible to receive an activity-support allowance has been selected as a recipient by deceit or other fraudulent means, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall suspend an activity-support allowance or prohibit institutions providing activity support from providing such person with an activity-support allowance.
(2) Where a recipient refuses, interferes with or evades the submission of data, or a request for answers to questions or inspections pursuant to Articles 42 or 43 without justifiable grounds, or submits false data, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall suspend all or some of activity-support allowances or prohibit institutions providing activity support from providing such person with an activity-support allowance.
(3) Where a recipient falls under any of the following subparagraphs, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall suspend an activity-support allowance for the corresponding period:
1. Where he/she is admitted into a social welfare facility pursuant to Article 32 of the National Basic Living Security Act;
2. Where he/she is confined in a correctional institution or facility for medical treatment in custody pursuant to the Administration and Treatment of Correctional Institution Inmates Act or pursuant to the Medical Treatment and Custody Act after having been sentenced to imprisonment without prison labor or a heavier punishment;
3. Other cases prescribed by Ordinance of the Ministry of Health and Welfare where it is impractical for him/her to receive an activity-support allowance due to a long-time overseas stay, etc.
CHAPTER Ⅳ ACTIVITY-SUPPORT INSTITUTIONS
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 Article 20 (Designation, etc. of Activity-Support Institutions)   print
(1) Any person who intends to establish and operate an activity-support institution shall meet the standards for facilities and human resources prescribed by Ordinance of the Ministry of Health and Welfare and obtain designation from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu having jurisdiction over the location of such institution.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall designate an appropriate number of institutions providing activity support in consideration of geographical distribution of such institutions, the appropriate scale of supply, number of persons to receive activity-support allowances, etc.
(3) When the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu designates institutions providing activity support as prescribed in paragraph (2), he/she shall notify the entrusted institutions pursuant to Article 31 (3) of the details of designation.
(4) If the head of an institution providing activity support intend to modify important matters prescribed by Ordinance of the Ministry of Health and Welfare, he/she shall obtain modified designation from the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Health and Welfare. He/she shall report any other modification.
(5) Matters necessary for the kinds of institutions providing activity support and procedures, etc. for designation thereof pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 21 (Information on Activity Support Institutions)   print
(1) To enable recipients easily select an activity-support institution and to guarantee the quality of an activity-support allowance provided by institutions providing activity support, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall have the head of each institution providing activity support submit the details of activity-support allowances, data, etc. on the present state of facilities, personnel, etc. and inform the recipients of such data.
(2) Details to be informed, such as the details of activity-support allowances, data on the present state of facilities, personnel, etc. pursuant to paragraph (1), methods and procedures thereof and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 22 (Duties of Institutions Providing Activity Support)   print
(1) No institution providing activity support shall refuse a request made by a recipient to provide an activity-support allowance: Provided, That it may refuse such request if justifiable grounds such as imbalance in the supply of demand of activity-support personnel.
(2) Each institution providing activity support shall provide activity-support allowances in accordance with the standards, procedures, methods, etc. for providing activity-support allowances prescribed in Article 16 (2).
(3) The head of each institution providing activity support shall issue a detailed statement of costs for an activity-support allowance to every recipient provided with an activity-support allowance.
(4) The head of each institution providing activity support shall keep and manage data on the provision of activity-support allowances.
(5) No institution providing activity support shall recommend, mediate or induce recipients, including exempting recipients from the principal's apportionment, giving a discount thereon, providing money or other articles, etc. for the purpose of profit-making, or encourage such acts.
(6) Detailed statements of costs for an activity-support allowance pursuant to paragraph (3), details and period of preservation of data on the provision of an activity-support allowance to be kept and managed as prescribed in paragraph (4), other necessary forms, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 23 (Reporting on Closure, etc. of Institutions Providing Activity Support)   print
(1) Where an institution providing activity support intends to close or suspend its business, it shall file a report thereon to the Governor of a Special Self-Governing or the head of a Si/Gun/Gu by no later than 30 days prior to the scheduled date of closure or suspension. Upon receipt of a report, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall notify the entrusted institution pursuant to Article 31 (3) of the details thereof.
(2) Upon receipt of a report on business closure or suspension pursuant to paragraph (1), the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall recommend the relevant institution providing activity support to withdraw business closure or suspension or prepare other measures if a serious setback is feared in providing activity-support allowances, such as that no substitute institution providing activity support exists in the vicinity, etc.
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 Article 24 (Revocation, etc. of Designation of Institutions Providing Activity Support)   print
(1) Where any institution providing activity support falls under any of the following subparagraphs, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may suspend its business or revoke designation: Provided, That he/she shall revoke designation in cases falling under subparagraph 1 or 5:
1. Where such institution has obtained designation by deceit or other fraudulent means;
2. Where such institution falls short of standards for designation, such as standards for facilities, personnel, etc. prescribed in Article 20 (1);
3. Where such institution refuses to provide an activity-support allowance in violation of Article 22 (1);
4. Where such institution refuses, interferes with or evades the submission of data or requests for answers to questions or inspections pursuant to Articles 42 and 43;
5. Where such institution has charged costs for an activity-support allowance by deceit or other fraudulent means;
6. Where any activity-support personnel or any employee of an institution providing activity support has done any of the following acts:
(a) Assaulting or inflicting an injury on the body of a recipient;
(b) Sexual abuse, sexual harassment, etc. which make a recipient feel sexual humiliation;
(c) Abandoning a recipient to whom he/she or it provides activity-support allowances, or neglecting basic protection including food, clothing and shelter, nursing, etc.
(2) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu issues an administrative disposition pursuant to paragraph (1), he/she shall, without delay, notify the entrusted institution pursuant to Article 31 (3) of the details of such administrative disposition.
(3) No person subject to revocation of designation as prescribed in paragraph (1) shall be re-designated as an institution providing activity support during the period prescribed by Presidential Decree within two years from the date he/she is subjected to such disposition.
(4) Detailed standards, procedures, etc. for issuing administrative dispositions pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 25 (Management and Evaluation of Activity Support Allowances)   print
(1) After the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu evaluate whether institutions providing activity support have appropriately provided activity-support allowances in accordance with standards, procedures, methods, etc. for providing activity-support allowances pursuant to Article 16 (2), he/she may take necessary measures, such as disclosing evaluation findings to the public, etc.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall endeavor to improving the level of activity-support allowances provided by institutions providing activity support by continuously managing and evaluating the details thereof.
(3) Methods for evaluating the provision of activity-support allowances and methods for disclosing evaluation findings, and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
CHAPTER Ⅴ ACTIVITY-SUPPORT PERSONNEL
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 Article 26 (Requirements, etc. for Activity-Support Personnel)   print
Matters necessary for the scope, duties, education, etc. of activity-support personnel for a specific kind of activity-support allowances pursuant to the subparagraphs of Article 16 (1) shall be prescribed by Presidential Decree.
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 Article 27 (Activity Assistants)   print
(1) Any person who intend to be activity-support personnel (hereinafter referred to as "activity assistant") providing activity assistance allowances prescribed in Article 16 (1) 1 shall complete an educational course at an education institution for activity assistants prescribed in Article 28 (1), or meet qualifications prescribed by Presidential Decree.
(2) Educational courses prescribed in paragraph (1), details of education and other necessary matters shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 28 (Designation, etc. of Education Institutions for Activity Assistants)   print
(1) To educate activity assistants, the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall designate facilities meeting standards for designation prescribed by Ordinance of the Ministry of Health and Welfare as an educational institution for activity assistants (hereinafter referred to as "educational institution").
(2) Where an educational institution falls under any of the following subparagraphs, a Mayor/Do Governor may order it to suspend performance of duties or revoke designation: Provided, That he/she shall revoke designation in cases falling under subparagraph 1:
1. Where it has obtained designation by deceit or other fraudulent means;
2. Where it falls short of standards for designation prescribed in paragraph (1);
3. Where it fails to operate educational courses for one or more years;
4. Where it refuses, interferes with or evades the submission of data, requests for answers to questions or inspections pursuant to Articles 42 and 43, or submits false data.
(3) Matters necessary for procedures for designating education institutions pursuant to paragraph (1), detailed standards, procedures, etc. for administrative dispositions pursuant to paragraph (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 29 (Disqualification for Activity-Support Personnel)   print
None of the following persons may become activity-support personnel:
1. A mental patient prescribed in subparagraph 1 of Article 3 of the Mental Health Act: Provided, That a person deemed appropriate as activity-support personnel by a medical specialist are excluded;
2. An addict to narcotics, marijuana or psychotropic medications;
3. An incompetent or quasi-incompetent;
4. A person whose imprisonment without labor or heavier punishment has not been completely executed or exempted; 5. A person who has been sentenced to imprisonment without prison labor or heavier punishment for a crime prescribed in Articles 3 through 10 and 14 (limited to a person who is guilty of an attempted crime prescribed in Articles 3 through 9 of the same Act) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
6. A person in whose case one year has not passed since he/she lost his/her qualification for activity-support personnel by falling under Article 30 (1) 2 and 3.
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 Article 30 (Disqualification for Activity-Support Personnel)   print
(1) Where activity-support personnel fall under any of the following subparagraphs, they are disqualified for activity-support personnel:
1. Where they fall under any of the subparagraphs of Article 29;
2. Where they have become activity-support personnel by deceit or other fraudulent means;
3. Where they have been punished for any of the following acts:
(a) Allowing a recipient to use activity-support allowance coupons provided to him/her as prescribed in Article 17 (2) for purposes other than for which they are provided;
(b) Recommending, mediating or inducing recipients, or encouraging such act;
(c) An act falling under the items of Article 24 (1) 6.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may restrict activity-support personnel from providing an activity-support allowance, by which costs for an activity-support allowance are paid as prescribed by this Act, to a recipient who is his/her family member prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That no restriction is imposed in cases prescribed by Presidential Decree where such recipient resides in an area where institutions providing activity support are extremely insufficient, etc.
CHAPTER Ⅵ COSTS, ETC. FOR ACTIVITY SUPPORT ALLOWANCES
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 Article 31 (Charging and Paying Costs for Activity Support Allowances)   print
(1) Where an institution providing activity support has provided a recipient with an activity-support allowance, it shall charge costs for providing an activity-support allowance (hereinafter referred to as "allowance costs") on the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, who, in turn, shall pay them.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may pay allowance costs increased or reduced based on the evaluation findings of activity-support allowances pursuant to Article 25 (1).
(3) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may entrust relevant specialized institutions or organizations prescribed by Presidential Decree with the duties of payment, settlement of accounts, etc. of allowance costs pursuant to paragraphs (1) and (2).
(4) Matters necessary for procedures and methods for charging and paying allowance costs, standards for paying increased or reduced allowance costs, entrustment of duties, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 32 (Calculation of Allowance Costs)   print
(1) Allowance costs shall be determined and announced by the Minister of Health and Welfare based on the kinds of activity-support allowances, class of activity-support, etc.
(2) When the Minister of Health and Welfare determines allowance costs as prescribed in paragraph (1), he/she may increase or reduce such allowance costs considering whether an institution providing activity support has been funded for costs of its establishment and operation from the State and a local government, etc., as prescribed by Presidential Decree.
(3) Matters necessary for detailed methods for calculating allowance costs pursuant to paragraph (1), items thereof, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 33 (Principal's Apportionment)   print
(1) Each recipient shall be differentially apportioned some of the allowance costs (hereinafter referred to as "principal's apportionment") within 15 percent of the relevant allowance costs depending on standards of living, such as income, property, etc. of the recipient and the person obligated to support him/her prescribed by Presidential Decree.
(2) Costs for all of the following activity-support allowances shall be borne by each recipient himself/herself:
1. Activity support allowances not included in the scope of allowances pursuant to this Act and for which such recipient is not eligible;
2. Activity support allowances exceeding the monthly ceiling of activity-support allowances pursuant to Article 18.
(3) Notwithstanding the provisions of paragraph (1), any of the following persons shall bear a fixed amount of the principal's apportionment:
2. Next needy class as prescribed in subparagraph 11 of Article 2 of the National Basic Living Security Act;
3. A person whose standards of living, such as income, property, etc. falls short of the amount determined by the Minister of Health and Welfare: Provided, That in cases of a person residing in an island, secluded area, farming village, fishing village, etc., separate amount may be determined.
4. A person who is in hardship due to a reason prescribed by Ordinance of the Ministry of Health and Welfare, such as natural disasters, etc.
(4) Notwithstanding the provisions of paragraphs (1) and (3), no recipient as prescribed in the National Basic Living Security Act shall bear the principal's apportionment.
(5) Matters necessary for methods for calculating the principal's apportionment pursuant to paragraphs (1) and (3), period of validity, procedures for change, procedures for payment, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 34 (Bearing, etc. of Costs for Issuing Instructions for Visiting Nurse Service)   print
(1) Each recipients shall bear costs for issuing instructions for visiting nurse service pursuant to Article 16 (1) 3 within a limit prescribed by Ordinance of the Ministry of Health and Welfare: Provided, That no recipient as prescribed in the National Basic Living Security Act shall bear such costs.
(2) Matters necessary for methods for calculating costs for issuing instructions for visiting nurse service pursuant to paragraph (1), procedures for charging and paying costs, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare.
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 Article 35 (Collection of Wrongfully-Paid Allowances)   print
(1) Where a person who has received an activity-support allowance or a person who has received allowance costs falls under any of the following cases, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall collect an amount equivalent to the activity-support allowance or allowance costs: Provided, That in cases falling under any of subparagraphs 2 and 3, he/she shall collect an amount calculated by adding interest prescribed by Presidential Decree thereto:
1. Where a person has received an activity-support allowance in excess of the monthly ceiling of the activity-support allowance pursuant to Article 18;
2. Where a person whose activity-support allowance was restricted, etc. as prescribed in Article 19 has received an activity-support allowance;
3. Where a person charged allowance costs by deceit or other fraudulent means pursuant to Article 24 (1) 5 and has received them;
4. Where activity-support allowances or allowance costs have been mistakenly paid.
(2) In cases falling under paragraph (1), if an activity-support allowance has been provided to a person based on a false report, evidence or diagnosis, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may have another person involved in such false conduct pay the amount to be collected pursuant to paragraph (1) jointly with the person who has received such activity-support allowance.
(3) If a person obligated to return activity-support allowances or allowance costs pursuant to paragraph (1) fails to return them within the specified period, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu may collect them in the same manner as the delinquent national taxes or local taxes are collected.
(4) Where the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu deems it impossible to collect an amount equivalent to activity-support allowances or allowance costs pursuant to paragraph (3) because a person obligated to return it is missing or has no property or other extenuating circumstances exist, he/she may make a disposition of deficit, as prescribed by Presidential Decree.
CHAPTER Ⅶ FILING OBJECTIONS, ETC.
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 Article 36 (Filing Objections)   print
(1) Anyone who has an objection to a disposition issued by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu concerning the recognition of entitlement, class of activity-support and activity-support allowances pursuant to Article 11, collection of wrongfully-paid allowances pursuant to Article 35, etc. may raise an objection to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu within 90 days he/she is notified of the result of such decision, etc.: Provided, That this shall not apply where he/she vindicates that he/she has been unable to raise an objection within such period on justifiable grounds.
(2) The Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu shall examine an objection within 60 days from the date he/she receives such objection, and shall make corrections or take other necessary measures if he/she deems the relevant disposition unlawful or unreasonable: Provided, That he/she may extend the period up to 30 days in extenuating circumstances making it impossible to take such measures within the specified period.
(3) Matters necessary for the methods, procedure, operation, etc. for filing an objection as prescribed in paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Health and Welfare.
(4) Any person who files an objection under paragraph (1) may lodge an administrative appeal pursuant to the Administrative Appeals Act irrespective of such objection filed. In such cases, a person (excluding a person who has lodged an administrative appeal before he/she is notified of the result) who has filed an objection and is notified of the result may lodge an administrative appeal pursuant to the Administrative Appeals Act within 90 days from the date he/she is notified of such result.
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 Article 37 (Administrative Litigation)   print
Any person who has an objection to a disposition issued by the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu concerning the recognition of entitlement, class of activity-support and activity-support allowances pursuant to Article 11, collection of wrongfully-paid allowances pursuant to Article 35, etc., and any person dissatisfied with a ruling on the objection filed pursuant to Article 36 may institute administrative litigation, as prescribed by the Administrative Litigation Act.
CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
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 Article 38 (Delegation of Authority and Entrusting of Duties)   print
(1) The Minister of Health and Welfare may delegate part of his/her authority under to this Act to the Governor of a Special Self-Governing Province, a Mayor/Do Governor or the head of a Si/Gun/Gu.
(2) The Minister of Health and Welfare, a Mayor/Do Governor, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu may entrust the following duties under this Act to relevant specialized organizations. In such cases, the State and local governments may subsidize expenses incurred in such entrustment:
1. Investigation of an application for an activity-support allowance prescribed in Article 7;
2. Inspections into matters deliberated by the Entitlement Deliberation Committees prescribed in Articles 8 and 9;
3. Investigation of raised objections prescribed in Article 36;
4. Other matters prescribed Presidential Decree, such as the management, support, etc. of recipients.
(3) Each relevant specialized institutions entrusted with duties prescribed in paragraph (2) may establish an supporting institution to perform duties prescribed in the same paragraph in each Special Self-Governing Province, or Si/Gun/Gu: Provided, That one supporting organization may be established by consolidating two or more of a Special Self-Governing Province or Si/Gun/Gu in consideration of the number of registered persons with disabilities, present organizational state of a relevant specialized institution, etc.
(4) Matters necessary for the organization, operation, etc. of supporting institutions pursuant to paragraph (3) shall be prescribed by Presidential Decree.
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 Article 39 (Bearing Expenses)   print
(1) The State and local governments shall bear expenses incurred in performing activity-support projects pursuant to this Act.
(2) The amount to be borne by local governments pursuant to paragraph (1) shall be shared among the Special Metropolitan City, Metropolitan Cities, Dos, a Special Self-Governing Province, Sis, Guns and Gus, as prescribed by Ordinance of the Ministry of Health and Welfare.
(3) The imposition and collection of the amount to be borne by local governments, management of finances and other necessary matters shall be prescribed by Presidential Decree.
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 Article 40 (Construction and Operation of Information System on Activity Support for Persons with Disabilities)   print
To efficiently process data and information necessary for performing activity-support projects pursuant to this Act and to computerize the duties of keeping records and managing such data and information, the Minister of Health and Welfare may construct and operate an information system on activity-support for persons with disabilities, as prescribed by Presidential Decree.
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 Article 41 (Use of Electronic Documents)   print
(1) All documents relating to activity-support projects shall be recorded, managed and kept in an electronic format.
(2) The Special Self-Governing Province, Sis, Guns, Gus and institutions providing activity support request, pay, etc. allowance costs using digital media or electronic data exchange methods.
(3) No electronic format, digital media or electronic data exchange methods may be used in areas specified by the Minister of Health and Welfare, such as areas, etc. in which information and communications networks and information and communications service facilities are in poor condition, notwithstanding the provisions of paragraphs (1) and (2).
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 Article 42 (Submission, etc. of Data)   print
(1) The Minister of Health and Welfare, a Mayor/Do Governor, the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu or the head of an entrusted institution pursuant to Articles 31 (3) and 38 (2) may request the heads of relevant central administrative agencies, heads of local governments and the heads of other public institutions or relevant institutions to submit data necessary for smoothly implementing this Act.
(2) Where the Minister of Health and Welfare, a Mayor/Do Governor, the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu or the head of an entrusted institution pursuant to Articles 31 (3) and 38 (2) deems it necessary for performing activity-support projects, such as verifying the details of activity-support allowances provided, managing and evaluating activity-support allowances, etc., he/she may request any of the following persons to submit data:
1. Applicants or recipients;
2. Activity-support institutions;
3. Activity-support personnel;
4. Educational institutions;
(3) Any person in receipt of a request to submit data as prescribed in paragraphs (1) and (2) shall submit data unless justifiable grounds exist.
(4) Data provided as prescribed in paragraphs (1) and (2) shall be free from usage fees, service charges, etc.
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 Article 43 (Questions and Inspections)   print
(1) The Minister of Health and Welfare, a Mayor/Do Governor, the Governor of a Special Self-Governing Province, the head of a Si/Gun/Gu or the head of an entrusted institution pursuant to Articles 31 (3) and 38 (2) may require any of the following persons to submit data relating to activity-support allowances, such as the details of activity-support allowances provided, or an affiliated public official to ask questions to interested persons or inspect relevant documents:
1. Recipients;
2. Activity-support institutions;
3. Activity-support personnel;
4. Educational institutions;
(2) Each public official who conducts an inspection pursuant to paragraph (1) shall carry a certificate indicating his/her authority and produce it to interested persons.
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 Article 44 (Prohibition from Divulging, etc. Confidential Information)   print
No current or former public official affiliated with the Ministry of Health and Welfare, the Special Metropolitan City, Metropolitan Cities, Dos, Special Self-Governing Province, Sis, Guns or Gus, nor any current or former employee of entrusted institutions pursuant to Articles 31 (3) and 38 (2), Entitlement Deliberation Committees or institutions providing activity support shall use information, data, confidential information, etc. that they have learned in the course of performing his/her duties for purposes other than the purpose prescribed by this Act, or provide or divulge them to any third person or institution.
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 Article 45 (Hearings)   print
If a Mayor/Do Governor, the Governor or a Special Self-Governing Province, or the head of a Si/Gun/Gus intends to revoke the designation of any institution providing activity support or educational institution as prescribed in Articles 24 (1) and 28 (1), he/she shall hold a hearing.
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 Article 46 (Protection of Entitlement)   print
No entitlement to activity-support allowances may be transferred, confiscated or provided as security.
CHAPTER Ⅸ PENAL PROVISIONS
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 Article 47 (Penal Provisions)   print
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding twenty million won:
1. Any person who charges allowance costs by deceit or other fraudulent means;
2. Any person who uses, provides or divulges information, data, confidential information, etc. that he/she has learned in the course of performing his/her duties in violation of Article 44.
(2) Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding ten million won:
1. Any person who refuses to provide an activity-support allowance without justifiable grounds in violation of Article 22 (1);
2. Any person who recommends, mediates or induces recipients or encourages such acts in violation of Article 22 (5).
(3) Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding five million won:
1. Any person who receives an activity-support allowance or allows another person receive an activity-support allowance by deceit or other fraudulent means;
2. Any person who obtains designation as an activity-support institution by deceit or other fraudulent means in violation of Article 20 (1);
3. Any person who obtains designation as an educational institution by deceit or other fraudulent means in violation of Article 28 (1).
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 Article 48 (Joint Penal Provisions)   print
If the representative of a juristic person, or an agent, employee or other servant of the juristic person or an individual commits a violation under Article 47 in connection with the duties of the juristic person or the individual, in addition to the punishment of such violator, the juristic person of the individual shall be punished by a fined under the relevant Article: Provided, That this shall not apply where such juristic person or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such violation.
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 Article 49 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:
1. Any person who fails to submit data pursuant to Article 7 (3) or submits false data;
2. Any person who fails to obtain modified designation, fails to file a report or files a false report in violation of Article 20 (4);
3. Any person who fails to keep records or manage data on the provision activity-support allowances in violation of Article 22 (4);
4. Any person who fails to file a report on business closure or suspension or files a false report in violation of Article 23 (1);
5. Any person who refuses to, interferes with or evades submitting data, answering questions or inspections, or submits a false report in violation of Article 42 (2) or 43 (1).
(2) Fines for negligence pursuant to paragraph (1) shall be imposed and collected by the Minister of Health and Welfare, the Governor of a Self-Governing Province, the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. <Amended by Act No. 10518, Mar. 30, 2011>
Article 2 (Preparatory Acts for Implementation of this Act)
(1) The Minister of Health and Welfare, the Governor of a Self-Governing Province, the head of a Si/Gun/Gu may make necessary preparation for implementing this Act from the date this Act enters into force.
(2) Where the Minister of Health and Welfare, the Governor of a Self-Governing Province, the head of a Si/Gun/Gu deems it necessary for implementing this Act, they may request the heads of relevant institutions for data necessary to implement this Act as prescribed in Article 7 (4) before this Act enters into force. In such cases, the heads of relevant institutions who have been requested to provide data shall provide relevant data unless any justifiable ground exists, and such data to be provided shall be exempted from usage fees, service charges, etc.
(3) Where the Minister of Health and Welfare deems it necessary for implementing this Act, he/she may take measures necessary for building and operating an information system on activity-support for persons with disabilities pursuant to Article 40 before this Act enters into force.
Article 3 (Transitional Measures for Persons with Serious Disabilities Receiving Activity-Support Services Pursuant to the Previous Act on Welfare of Persons with Disabilities)
(1) Any person with serious disabilities receiving activity-support services pursuant to Article 55 of the previous Act on Welfare of Persons with Disabilities as at the time this Act enters into force (hereafter referred to as "person with serious disabilities receiving previous activity-support allowances" in this Article) shall be deemed a person who has applied for an activity-support allowance pursuant to Article 6 on the date this Act enters into force.
(2) Any person with serious disabilities receiving previous activity assistance allowances as at the time this Act enters into force shall be deemed subject to a decision to receive activity-support allowances as at the time this Act enters into force, notwithstanding the provisions of Articles 7 and 9.
(3) Notwithstanding the provisions of Article 7 (2), any person with serious disabilities receiving previous activity assistance allowances as at the time this Act enters into force shall be exempt from an examination on his/her degree of disability.
Article 4 Omitted.
ADDENDUM<Act No. 10518, Mar. 30, 2011>
This Act shall enter into force on October 5, 2011.