Article 1(Purpose) #
The purpose of this Act is to increase participation by persons with disabilities, senior citizens, pregnant women, etc., in social activities and to promote their welfare by ensuring their safe and convenient use of facilities and equipment and their easy access to information in daily life.
[This Article Wholly Amended on Jan. 28, 2015]
Article 2(Definitions) #
The terms used in this Act shall be defined as follows: <Amended on Jan. 19, 2016>
1. The term "persons with disabilities, etc." means persons with disabilities, senior citizens, pregnant women, etc., who experience inconvenience in traveling, using facilities, accessing information, etc., in daily life;
2. The term "amenities" means facilities and equipment for persons with disabilities, etc., to travel or use facilities conveniently and to have easy access to information in daily life;
3. The term "facility owner" means the owner or manager of a target facility (only applicable where a separate person has an obligation to manage the relevant facility) established under Article 7;
4. The term "agencies in charge of facilities" means the heads of central administrative agencies; the Special Metropolitan City Mayor; Metropolitan City Mayors; Special Self-Governing City Mayors; Do Governors; the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"); the heads of Sis/Guns/Gus (referring to the heads of autonomous Gus; hereinafter the same shall apply); and the superintendents of offices of education who direct and supervise the installation and operation of amenities;
5. The term "electronic short-term bond, etc." means any of the following items:
a. A natural park established under subparagraph 1 of Article 2 of the Natural Parks Act;
b. A park facility established under subparagraph 10 of Article 2 of the Natural Parks Act;
c. An urban park established under subparagraph 3 of Article 2 of the Act on Urban Parks and Green Areas;
d. A park facility established under subparagraph 4 of Article 2 of the Act on Urban Parks and Green Areas;
6. The term "public buildings and public facilities" means buildings and facilities prescribed by Presidential Decree, which are buildings, facilities, and appurtenances, used by the general public;
7. The term "multi-family housing" means multi-family housing established under subparagraph 3 of Article 2 of the Housing Act;
8. The term "communications facility" means a facility necessary to use communication, such as a telecommunications facility established under subparagraph 2 of Article 2 of the Framework Act on Telecommunications and postal items under subparagraph 1 of Article 1-2 of the Postal Service Act.
[This Article Wholly Amended on Jan. 28, 2015]
Article 3(Basic principle of installation of amenities) #
The following persons (hereinafter referred to as "facility owner, etc.") shall install amenities for persons with disabilities, etc. to travel the shortest distance to public buildings and public facilities by the most convenient means possible when they use the buildings and facilities:
1. A facility owner;
2. A person who is performing procedures, such as filing an application for permission or measures (including consultation under Article 29 of the Building Act) under related statutes including the Building Act, to install a target facility under Article 7.
[This Article Wholly Amended on Jan. 28, 2015]
Article 4(Right to access) #
Persons with disabilities, etc. shall have the right to use facilities and equipment which persons with no disabilities use, on equal terms and to have free access to information, in order to guarantee the right to pursue humane dignity, value, and happiness.
[This Article Wholly Amended on Jan. 28, 2015]
Article 5(Relationship to other statutes) #
Except as otherwise provided in this Act, matters concerning amenities shall be governed by other Acts.
[This Article Wholly Amended on Jan. 28, 2015]
Article 6(Obligations of State and local governments) #
The State and local governments shall formulate a range of policies for persons with disabilities, etc., to use facilities and equipment safely and conveniently and to have access to information in daily life.
[This Article Wholly Amended on Jan. 28, 2015]
Article 6-2(Convenience Promotion Day) #
(1) April 10 of each year shall be designated as Convenience Promotion Day in order to raise public awareness of amenities and expand public interest in them.
(2) The State and local governments shall endeavor to perform programs including events, that align with the purpose of Convenience Promotion Day.
[This Article Added on Mar. 28, 2023]
Article 7(Target facilities) #
Targets for installing amenities (hereinafter referred to as "target facilities") shall be any of the following, prescribed by Presidential Decree:
1. Parks;
2. Public buildings and public facilities;
3. Multi-family housing;
4. Telecommunications facilities;
5. Other buildings, facilities, and appurtenances in which amenities are required to be installed for the convenience of persons with disabilities, etc.
[This Article Wholly Amended on Jan. 28, 2015]
Article 8(Standards for installation of amenities) #
(1) The types of amenities that should be installed in each target facility shall be prescribed by Presidential Decree, based on the scale, purpose, etc., of the target facility.
(2) Detailed standards for the structure, quality of materials, etc., of amenities shall be prescribed by Decree of the Ministry of Health and Welfare. In such cases, the details of information and the design standards for information display by type of convenience facilities shall be determined together. <Amended on Jan. 15, 2019>
[This Article Wholly Amended on Jan. 28, 2015]
Article 9(Obligations of facility owners) #
Where a facility owner, etc. installs a target facility or alters any substantial part thereof (including altering use thereof) prescribed by Presidential Decree, he or she shall install, maintain, and manage amenities complying with standards for installation under Article 8 so that persons with disabilities, etc., may continually use the target facility conveniently.
[This Article Wholly Amended on Jan. 28, 2015]
Article 9-2(Verification of compliance with standards for installation of amenities) #
(1) Where a facility owner, etc., is performing procedures, such as filing an application for permission or measures (including consultation under article 29 of the Building Act) under related statutes including the Building Act, to install a target facility, an agency in charge of facilities shall verify whether such procedures comply with standards for installing amenities under Article 8 through the review, etc. of drawings and specifications.
(2) Where a target facility fails to comply with standards for installing amenities as a result of verification under paragraph (1), an agency in charge of facilities shall require the facility owner, etc., to complement the facility for a reasonable period specified.
(3) Matters necessary for verifying compliance with standards for installing amenities under paragraph (1), shall be prescribed by Decree of the Ministry of Health and Welfare.
[This Article Added on Jan. 28, 2015]
Article 9-3(Performance of duties to verify compliance with standards for installation of amenities on behalf of agency in charge of facilities) #
(1) An agency in charge of facilities may vicariously require a corporation or an organization related to persons with disabilities, prescribed by Decree of the Ministry of Health and Welfare to perform duties to verify compliance under Article 9-2(1).
(2) Matters concerning performing duties to verify compliance under paragraph (1) on behalf of an agency in charge of facilities shall be prescribed by Decree of the Ministry of Health and Welfare.
(3) Executive officers and employees of a corporation or an organization in charge of duties to verify compliance pursuant to paragraph (1), shall be deemed public officials for the purposes of penal provisions under the provisions of Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended on Jan. 28, 2015]
[Moved from Article 29 <Jan. 28, 2015>]
Article 10(Direction and supervision over amenities) #
(1) The Minister of Health and Welfare shall preside over affairs concerning installing and operating amenities.
(2) An agency in charge of facilities shall provide direction and exercise supervision necessary for installing and operating amenities with respect to the target facilities under its jurisdiction.
[This Article Wholly Amended on Jan. 28, 2015]
Article 10-2(Certification of absence of obstacles in habitats) #
(1) The Minister of Health and Welfare and The Minister of Land, Infrastructure and Transport (hereinafter in this Article, and Articles 10-5 through 10-9, referred to as the "Minister of Health and Welfare, etc."), may certify the absence of obstacles in the habitats of target facilities (hereinafter referred to as "certification") to encourage installing and operating amenities for persons with disabilities to use target facilities safely and conveniently. <Amended on Dec. 3, 2019>
(2) A facility owner who intends to obtain certification for a target facility shall file an application for certification with the Minister of Health and Welfare, etc. In such cases, the owner of a facility may apply for preliminary certification of the details reflected in the design documents, etc. of the relevant target facility before applying for certification. <Amended on Dec. 3, 2019>
(3) In any of the following facilities (hereinafter referred to as "mandatory certification facilities"), certification (including preliminary certification under the latter part of paragraph (2)) shall be mandatory. In such cases, the owner of the compulsory certification facility who has obtained certification shall obtain an extension of the validity period of the certification pursuant to Article 10-3: <Amended on Dec. 3, 2019; Jun. 8, 2021>
1. Urban parks under subparagraph 3a of Article 2 of the Act on Urban Parks and Green Areas and park facilities under subparagraph 4 of Article 2 of the same Act among parks designated, certified, or installed by the State or local governments;
2. Facilities that the State, local governments, or public institutions under the Act on the Management of Public Institutions build, extend (limited to cases where a separate building is extended on the site where a building is located; hereinafter the same shall apply), renovate (limited to the case of the entire renovation; hereinafter the same shall apply), or rebuild, which are prescribed by Presidential Decree among public buildings and public facilities such as government buildings and cultural facilities;
3. Public buildings and public facilities that the State, local governments, or persons other than public institutions under the Act on the Management of Public Institutions build, extend, renovate, or reconstruct, which are prescribed by Presidential Decree in consideration of the size, use, etc. of the facilities.
(4) The Minister of Health and Welfare, etc. may designate an institution or organization equipped with necessary professionals and facilities to efficiently conduct affairs concerning certification, as a certification agency and outsource affairs concerning certification thereto.
Article 10-3(Validity of certification) #
(1) The period of validity of certification of quality certified foods shall be 10 years from the date certification is issued. <Amended on Dec. 3, 2019>
(2) Each person who intends to extend the period of validity of certification, shall file an application for extension before the period of validity expires, as prescribed by Joint Ministerial Decree.
[This Article Added on Jan. 28, 2015]
Article 10-4(Indication of certification) #
(1) The owner of a target facility who has obtained certification can use a certification mark on the relevant target facility.
(2) No person shall use a certification mark or similar mark on any uncertified facility.
[This Article Added on Jan. 28, 2015]
Article 10-5(Follow-up management of certification) #
(1) The Minister of Health and Welfare, etc. may inspect whether a facility subject to certification is maintained and managed in compliance with criteria for certification prescribed in Article 10-2(5).
(2) If an investigation under paragraph (1) reveals that a target facility that has been maintained and managed in breach of the criteria for certification, the Minister of Health and Welfare, etc. may inform the facility owner of the details thereof and take necessary measures, such as ordering the facility owner to take corrective measures within a specified period.
(3) Procedures and methods, etc. for inspections under paragraph (1), and other necessary matters, shall be prescribed by Joint Ministerial Decree.
[This Article Added on Dec. 3, 2019]
[Previous Article 10-5 moved to Article 10-6 <Dec. 3, 2019>]
Article 10-6(Revocation of certification) #
The Minister of Health and Welfare, etc., shall revoke certification in any of the following cases: <Amended on Dec. 3, 2019>
1. When any manufacturer or importer obtains certification by fraud or other improper means;
2. Where it fails to take measures under Article 10-5(2) without justifiable grounds, which results in failure to meet criteria for certification under Article 10-2(5);
[This Article Added on Jan. 28, 2015]
[Moved from Article 10-5; previous Article 10-6 moved to Article 10-7 <Dec. 3, 2019>]
Article 10-7(Revocation of designation as certification agency) #
(1) Where a certification agency designated pursuant to Article 10-2(4) falls under any of the following, the Minister of Health and Welfare, etc. may revoke such designation as a certification agency or order the certification agency to suspend all or part of its business for a fixed period not exceeding one year; provided, where the certification agency falls under subparagraph 1 or 5, the Minister of Health and Welfare, etc., shall revoke such designation:
1. Where the trading agency has obtained the designation by fraud or other improper means;
2. Where it has granted certification, in violation of criteria for certification under Article 10-2(5);
3. Where it has failed to meet criteria for certification under Article 10-2(5);
4. Where it has failed to conduct affairs concerning certification for at least two consecutive years without just grounds;
5. Where it has conducted affairs concerning certification during a period of business suspension, in violation of an order to suspend business.
(2) Criteria for administrative measures under paragraph (1) shall be prescribed by Joint Ministerial Decree.
[This Article Added on Jan. 28, 2015]
[Moved from Article 10-6; previous Article 10-7 Moved to Article 10-8] <Dec. 3, 2019>
Article 10-8(Hearings) #
Where the Minister of Health and Welfare, etc., intends to revoke certification pursuant to Article 10-6 or to revoke designation as a certification agency pursuant to Article 10-7, he or she shall hold a hearing. <Amended on Dec. 3, 2019>
[This Article Added on Jan. 28, 2015]
[Moved from Article 10-7 <Dec. 3, 2019>]
[Previous Article 28 moved to Article 24 <Jan. 28, 2015>] (1) The Minister of Health and Welfare, etc. shall prepare and manage statistics concerning certification, such as the current status of certification by object facility, as prescribed by Joint Ministerial Decree in order to utilize them in facilitating certification and follow-up management pursuant to Article 10-5.
(2) The Minister of Health and Welfare, etc. may request the heads of related organizations and organizations to provide necessary data for the preparation and management of statistics under paragraph (1). In such cases, the head of the authority shall, upon receipt of such request, comply therewith, unless there is a compelling reason not to do so.
[This Article Added on Dec. 3, 2019]
Article 10-10(Establishment of certification operating institution) #
(1) The State may establish and operate a certification operating institution to perform the following tasks related to certification:
1. Management and support of certification agencies;
2. Certification-related research and development and technology dissemination;
3. Establishment and operation of certification-related information system;
4. Training and training for certification-related professionals;
5. Other matters prescribed by Joint Ministerial Decree to activate certification.
(2) The State may entrust the establishment and operation of a certification operating institution under paragraph (1) to an institution or organization equipped with professional manpower and facilities necessary for its business.
(3) Matters necessary for the establishment and operation of a certification operating institution under paragraph (1) and entrustment, etc. under paragraph (2) shall be prescribed by Joint Ministerial Decree.
[This Article Added on Jun. 8, 2016]
Article 10-11(Certification fees) #
(1) The owner of a facility shall pay an authentication fee where he or she intends to apply for certification and preliminary certification under Article 10-2(2) or an extension application (hereinafter referred to as "application for certification, etc.") pursuant to Article 10-3(2); provided, where the owner of a facility other than a mandatory certification facility applies for certification, the fee may be reduced or exempted.
(2) Necessary matters, such as the method and period of fee payment, standards and procedures for fee reduction or exemption, shall be determined by Joint Ministerial Decree.
[This Article Added on Jun. 8, 2016]
Article 11(Fact-finding surveys) #
(1) An agency in charge of facilities shall conduct a fact-finding survey on installing amenities to secure basic data for policies to promote amenities, and shall publish the result of the survey.
(2) An agency in charge of facilities shall annually conduct full or sample fact-finding surveys under paragraph (1), and conduct full fact-finding surveys every five years. <Added on Feb. 3, 2016>
(3) Details of and procedures for fact-finding surveys, and the scope, methods, etc., of publishing the result of such survey under paragraph (1), shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Feb. 3, 2016>
(4) An agency in charge of facilities may request a facility owner to submit data to the extent necessary for a fact-finding survey under paragraph (1). In such cases, the facility owner shall comply with such request except in extenuating circumstances. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Jan. 28, 2015]
Article 12(Formulation, implementation, and report of plans for installation) #
(1) An agency in charge of facilities shall formulate and implement a plan for installing amenities with respect to facilities under its jurisdiction, in order to facilitate installing amenities.
(2) A plan for installation of amenities under paragraph (1) shall include the following:
1. Actual conditions of amenities installed in the target facilities and a plan for improvement of such amenities;
2. A plan for installation of amenities based on the construction, major repairs, and alteration of use of the target facilities;
3. Publishing standards for installation of the target facilities and amenities;
4. Other matters prescribed by Decree of the Ministry of Health and Welfare.
(3) An agency in charge of facilities shall submit a plan for installation of amenities under paragraph (1) and the outcomes of implementing such plan to the Minister of Health and Welfare, as prescribed by Presidential Decree.
(4) The Minister of Health and Welfare shall formulate a comprehensive national plan for installation of amenities following deliberation by the Council for Deliberation on Increasing Convenience under Article 12-2, by integrating plans, etc. submitted pursuant to paragraph (3).
[This Article Wholly Amended on Jan. 28, 2015]
Article 12-2(Establishment of Council for Deliberation on Increasing Convenience) #
(1) The Council for Deliberation on Increasing Convenience (hereinafter referred to as "Deliberation Council") shall be established in the Ministry of Health and Welfare, to deliberate on important matters concerning increasing convenience of persons with disabilities, etc. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) The Deliberation Council shall deliberate on the following:
1. Matters concerning basic direction-setting for policy to increase convenience of persons with disabilities, etc.;
2. Matters concerning formulating a comprehensive national plan to install amenities, which is referred to in Article 12(4);
3. Matters concerning system improvement, etc. to guarantee increasing convenience of persons with disabilities, etc.;
4. Other matters requiring cooperation between relevant ministries to guarantee increasing convenience of persons with disabilities, etc.
(3) Matters necessary for the organization and operation of the Deliberation Council, shall be determined by Presidential Decree.
[This Article Added on Dec. 31, 2003]
Article 13(Support for installation of amenities) #
(1) The State and local governments shall take necessary measures, such as financial and technical support, to mitigate private sectors' burdens from installing amenities and to promote installing the same.
(2) Where a corporation or individual has installed amenities prescribed in this Act, a tax imposed on expenses incurred in installing amenities shall be reduced or exempted, as prescribed by tax-related statutes, such as the Restriction of Special Taxation Act and the Restriction of Special Local Taxation Act.
[This Article Wholly Amended on Jan. 28, 2015]
Article 14(Promoting research and development) #
(1) The State and local governments shall formulate policies to promote research and development concerning amenities.
(2) The Minister of Health and Welfare shall prepare and disseminate detailed standard designs of amenities to facilitate installing amenities. In such cases, the detailed standard designs of amenities for buildings shall be deemed the standard design books and drawings prescribed in Article 23(4) of the Building Act, for the relevant amenities.
[This Article Wholly Amended on Jan. 28, 2015]
Article 14-2(Provision of education) #
(1) Where deemed necessary for properly installing amenities and improving awareness of amenities, the Minister of Health and Welfare or an agency in charge of facilities may provide education to employees of architectural offices or facility owners.
(2) The Minister of Health and Welfare or an agency in charge of facilities may outsource education entrusted under paragraph (1) to a related specialized institution, corporation, or organization.
[This Article Added on Jan. 28, 2015]
Article 15(Relaxed application) #
(1) When it is impracticable or unreasonable for a facility owner, etc., to install amenities meeting detailed standards (hereinafter in this Article, referred to as "detailed standards") under Article 8(2), where the installation of amenities falls under any of the following, he or she may establish mitigated standards separate from the detailed standards, and install amenities in accordance with the mitigated standards after obtaining approval from an agency in charge of the facilities:
1. Where it is impractical to install amenities meeting the detailed standards in light of their structures;
2. Where the installation of amenities meeting the detailed standards is likely to cause serious danger in light of their safety management;
3. Where the application of the detailed standards mitigated is deemed more appropriate in light of the use and surrounding circumstances of the target facility;
4. Other matters prescribed by Presidential Decree.
(2) Where an agency in charge of facilities approves separate standards under paragraph (1), it shall ensure that persons with disabilities, etc., can use amenities without inconvenience.
(3) Procedures for granting approval under paragraphs (1) and (2) and other necessary matters, shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 28, 2015]
Article 16(Provision of convenience for using facilities) #
(1) The owner of any public building and public facility frequently used by persons with disabilities, etc., shall ensure their convenient use of such facilities by providing wheel chairs, guidebooks in braille, hearing aids, shopping carts for persons with disabilities, charging facilities for electric mobility devices (referring to facilities for charging mobility devices powered by electricity, such as electric wheelchairs; hereinafter the same shall apply), and other equipment. <Amended on Jul. 27, 2021; Dec. 20, 2024>
(2) The scope of public buildings and public facilities required to provide wheel chairs, guidebooks in braille, hearing aids, shopping carts for persons with disabilities, charging facilities for electric mobility devices, etc. under paragraph (1), and the types of such items to be provided, shall be prescribed by Decree of the Ministry of Health and Welfare. <Amended on Jul. 27, 2021; Dec. 20, 2024>
(3) In principle, no fees shall be charged for the use of wheel chairs, guidebooks in braille, hearing aids, shopping carts for persons with disabilities, charging facilities for electric mobility devices, etc. under paragraph (1), but actual expenses, such as those for repairs, may be charged. <Amended on Jul. 27, 2021; Dec. 20, 2024>
[This Article Wholly Amended on Jan. 28, 2015]
Article 16-2(Provision of convenience to persons with disabilities) #
Where a person with a disability intends to use public buildings and public facilities prescribed by Presidential Decree, he or she may request a facility owner to provide conveniences, such as a guide service and Korean sign language interpretation. In such cases, the facility owner shall comply with such request except in extenuating circumstances. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Jan. 28, 2015]
Article 17(Parking spaces reserved for persons with disabilities) #
(1) A facility owner, etc., shall provide parking spaces reserved for persons with disabilities in the relevant target facility in accordance with statutes related to parking lots and with standards for installing amenities under Article 8.
(2) The Minister of Patriots and Veterans Affairs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, shall issue a parking tag for parking spaces reserved for persons with disabilities, which indicates permission to park a motor vehicle in parking spaces reserved for persons with disabilities, where a person with a walking disability files an application for such permit. <Amended on Mar. 4, 2023>
(3) Where a person for whom a parking tag for parking spaces reserved for persons with disabilities has been issued pursuant to paragraph (2), uses such permit for unlawful purposes, such as transferring or renting such permit, the Minister of Patriots and Veterans Affairs, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, and the head of a Si/Gun/Gu, may withdraw such permit or restrict the re-issuance thereof. <Amended on Mar. 4, 2023>
(4) No person shall park a motor vehicle without a parking tag for parking spaces reserved for persons with disabilities under paragraph (2), in parking spaces reserved for persons with disabilities. The foregoing shall also apply where a person with a walking disability is not aboard a motor vehicle with a parking tag for parking spaces reserved for persons with disabilities.
(5) No person shall interfere with parking, by stockpiling goods on parking spaces reserved for persons with disabilities or blocking the passage thereto.
(6) An agency in charge of facilities may require public officials under its jurisdiction, such as public officials related to welfare or traffic, to block motor vehicles parked in parking spaces reserved for persons with disabilities, in violation of paragraph (4).
(7) Persons eligible for and procedures for issuing a parking tag for parking spaces reserved for persons with disabilities under paragraph (2), criteria and procedures for withdrawal and restriction of re-issuance under paragraph (3), criteria defining interference with parking under paragraph (5), shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 28, 2015]
Article 18 #
Deleted. <Dec. 31, 2003>
Article 19 #
Deleted. <Dec. 31, 2003>
Article 20 #
Deleted. <Dec. 31, 2003>
Article 21 #
Deleted. <Dec. 31, 2003>
Article 22(Request for submission of data and examination) #
(1) The Minister of Health and Welfare or an agency in charge of facilities may request facility owners to submit data related to installing and operating amenities or require public officials under its jurisdiction to examine whether amenities installed meet standards for installing amenities under Article 8. In such cases, the facility owners shall comply with such request except in extenuating circumstances.
(2) A public official conducting an examination pursuant to paragraph (1) shall carry an identity card indicating his or her authority and present it to related persons.
[This Article Wholly Amended on Jan. 28, 2015]
Article 23(Corrective orders) #
(1) Where a target facility violates this Act, an agency in charge of facilities may require the owner of such facility to take necessary measures, such as installing, managing, repairing, or improving amenities to meet requirements under this Act, within a fixed period, as prescribed by Presidential Decree. <Amended on Feb. 3, 2016>
(2) The Minister of Health and Welfare may request an agency in charge of facilities to take corrective measures, such as installing, managing, repairing, or improving amenities for the target facilities under its jurisdiction; and the agency in charge of facilities shall comply with such request except in extenuating circumstances. <Amended on Feb. 3, 2016>
[This Article Wholly Amended on Jan. 28, 2015]
Article 24(Charges for compelling compliance) #
(1) An agency in charge of facilities shall impose compulsory performance fine not exceeding 30 million won on a facility owner who fails to fulfill an order to take corrective action within a period after receiving such order pursuant to Article 23(1), based on expenses, etc., for installing amenities.
(2) Amounts, etc., of compulsory performance fines, based on the types of violations and the degrees of violations subject to imposing compulsory performance fines pursuant to paragraph (1), shall be prescribed by Presidential Decree.
(3) An agency in charge of facilities shall give prior written notification that it will impose and collect a compulsory performance fine under paragraph (1) before imposing said fine under paragraph (1).
(4) When an agency in charge of facilities imposes a compulsory performance fine under paragraph (1), it shall impose such fine in writing, stating the following:
1. Amount of a compulsory performance fine;
2. Grounds for imposing a fine;
3. Deadline for payment;
4. Receiving institution;
5. Methods of raising objections;
6. Agency with which objections are filed.
(5) An agency in charge of facilities may impose and collect a compulsory performance fine under paragraph (1), consecutively until an order to take corrective action is fulfilled, once annually from the date such order to take corrective action is first issued.
(6) If a person in receipt of an order to take corrective action pursuant to Article 23(1) fulfills such order, an agency in charge of facilities shall immediately suspend imposing another further compulsory performance fine, but collect a compulsory performance fine already imposed.
(7) Where a person in receipt of notification of a compulsory performance fine imposed pursuant to paragraph (4), fails to pay the compulsory performance fine by the payment deadline, an agency in charge of facilities shall collect such fine in accordance with precedents of collecting unpaid national taxes or pursuant to the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020>
[This Article Wholly Amended on Jan. 28, 2015]
[Moved from Article 28 <Jan. 28, 2015>]
Article 25(Penalty provisions) #
A person violating Article 9(1), who fails to fulfil an order to take corrective action within a period after receiving such order under Article 23(1), shall be subject to a fine not exceeding five million won.
[This Article Wholly Amended on Jan. 28, 2015]
Article 26(Joint penalty provisions) #
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 25, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article; provided, this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation.
[This Article Wholly Amended on May 23, 2012]
Article 27(Administrative fine) #
(1) Any of the following persons shall be subject to an administrative fine not exceeding 2 million won: <Amended on Feb. 3, 2016; Dec. 3, 2019; Jun. 8, 2021; Jul. 27, 2021>
1. A person who obtains certification by fraud or other wrongdoing means, or who fails to obtain an extension of the validity period of the certification (including preliminary certification), in violation of Article 10-2(3);
2. A person who uses a certification mark or similar mark, in violation of Article 10-4(2);
3. A person who fails to comply with a request for submitting data or presents false data, or who refuses, avoids, or interferes with an examination under Articles 11(4) and 22(1);
4. A person who fails to provide wheel chairs, guidebooks in braille, hearing aids, shopping carts for persons with disabilities, and other equipment under Article 16(1) and fails to comply with an order to take corrective action under Article 23(1), within a specified period after receiving such order;
5. A person failing to comply with a request for the provision of convenience under Article 16-2, who fails to comply with an order to take corrective action under Article 23(1) within a period after receiving such order.
(2) An administrative fine not exceeding one million won shall be imposed on a person who interferes with parking, in violation of Article 17(5).
(3) An administrative fine not exceeding 200,000 won shall be imposed on a person who parks a motor vehicle falling under any of the following, in parking spaces reserved for persons with disabilities, in violation of Article 17(4):
1. A motor vehicle without a parking tag for parking spaces reserved for persons with disabilities;
2. A motor vehicle with a parking tag for parking spaces reserved for persons with disabilities, in which no person with a walking disability is aboard.
(4) An agency in charge of facilities imposes and collects administrative fines under paragraphs (1) through (3), types of violations regarding which administrative fines are imposed, amounts of administrative fines depending on the degree of violation, etc. shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 28, 2015]
Article 28 #
[Previous Article 28 moved to Article 24 <Jan. 28, 2015>]
Article 29 #
[Previous Article 29 moved to Article 9-3 <Jan. 28, 2015>]