Article 1(Purpose) #
The purpose of this Decree is to provide for matters mandated by the Act on the Facilitation of Entrepreneurial Activities of Persons with Disabilities and those necessary for the enforcement of said Act.
Article 2(Definition of enterprise owned or operated by person with disability) #
(1) "Enterprise ... meets the criteria prescribed by Presidential Decree" in subparagraph 2a of Article 2 of the Act on the Facilitation of Entrepreneurial Activities of Persons with Disabilities (hereinafter referred to as the "Act") means any of the following enterprises, which is an enterprise owned or operated substantially by a person with a disability: <Amended on Jun. 28, 2013; Jun. 16, 2020; Sep. 20, 2022>
1. A company prescribed by the Commercial Act, in which a person with a disability is registered as an executive officer having authority to represent the company (hereinafter referred to as "representative of the company"); provided, where such company has at least two representatives (hereinafter referred to as "joint representatives"), it is limited to a company for which the number of stocks (including investment shares, but excluding stocks without voting rights prescribed by Article 370 of the Commercial Act; hereinafter the same shall apply) owned by joint representatives comprised of persons with disabilities, exceeds the number of stocks owned by joint representatives comprised of persons without disabilities;
2. A business entity with respect to which a person with a disability has been registered as a business entity pursuant to Article 168 of the Income Tax Act or Article 8 of the Value-Added Tax Act;
3. A cooperative defined in subparagraph 1 of Article 2 of the Framework Act on Cooperatives (hereinafter referred to as "cooperative"), which meets all of the following requirements:
a. The number of members who are persons with disabilities shall be a majority of the total number of members;
b. The aggregate number of equity shares held by members who are persons with disabilities shall be a majority of the total number of equity shares;
c. The president of a cooperative shall be a member who is a person with a disability.
(2) "Employment ratio of persons with disabilities" in subparagraph 2b of Article 2 of the Act means 30/100.
(3) Deleted. <Sep. 19, 2017>
Article 2-2(Scope of institutions or organizations requested to correct discriminatory practices) #
"Institution or organization related to small and medium enterprises prescribed by Presidential Decree" in Article 4(1) of the Act means an institution or organization determined and publicly notified by the Minister of SMEs and Startups which is funded or subsidized by the State or a local government to perform a project for supporting small and medium enterprises under statutes or regulations related to small and medium enterprises.
[This Article Added on Oct. 10, 2023]
Article 3(Basic plans for facilitation of activities of enterprises owned or operated by persons with disabilities) #
(1) To formulate a basic plan to encourage activities of enterprises owned or operated by persons with disabilities under Article 5(1) of the Act (hereinafter referred to as "basic plan"), the Minister of SMEs and Startups shall prepare guidelines on formulating a draft basic plan and notify the heads of the relevant administrative agencies of such guidelines.
(2) The heads of the relevant administrative agencies shall prepare draft basic plans for the fields under their jurisdiction in accordance with the guidelines on preparing a draft basic plan prescribed in paragraph (1) and shall submit such draft basic plans to the Minister of SMEs and Startups.
(3) The Minister of SMEs and Startups shall compile the draft basic plans for the fields under his or her jurisdiction submitted pursuant to paragraph (2), finalize a basic plan, and notify the heads of the relevant administrative agencies thereof. <Amended on May 14, 2024>
(4) The heads of the relevant administrative agencies shall prepare annual draft action plans for the fields under their jurisdiction in accordance with the basic plan and shall submit such draft action plans to the Minister of SMEs and Startups no later than January 31 of each year.
(5) The Minister of SMEs and Startups shall compile the annual draft action plans submitted by each administrative agency pursuant to paragraph (4), finalize an action plan to facilitate activities of enterprises owned or operated by persons with disabilities under Article 5(3) of the Act (hereinafter referred to as "action plan"), and notify the heads of the relevant administrative agencies of such action plan no later than March 31 of each year. <Amended on May 14, 2024>
[This Article Wholly Amended on Oct. 10, 2023]
Article 4 #
Deleted. <May 14, 2024>
Article 4-2 #
Deleted. <May 14, 2024>
Article 5 #
Deleted. <Oct. 10, 2023>
Article 6 #
Deleted. <May 14, 2024>
Article 6-2(Fact-finding surveys and preparation of statistics) #
(1) A fact-finding survey on the current status of business start-up by persons with disabilities and activities of enterprises owned or operated by persons with disabilities under Article 7(1) of the Act (hereinafter referred to as "fact-finding survey") shall include the following matters:
1. The current status of enterprises owned or operated by persons with disabilities by type of business and region and of the gender of the representatives of such enterprises;
2. The current status of funds, employed personnel, and business management;
3. Obstacles to business start-up activities by persons with disabilities and to activities of enterprises owned or operated by persons with disabilities;
4. The current status of systems for supporting business start-up by persons with disabilities and of the utilization of systems for supporting enterprises owned or operated by persons with disabilities;
5. Other matters deemed necessary by the Minister of SMEs and Startups to understand the current status of business start-up by persons with disabilities and activities of enterprises owned or operated by persons with disabilities.
(2) A fact-finding survey shall be conducted by means of either on-site survey or paper-based survey and may be conducted using information and communications networks such as electronic mail, if necessary.
(3) Where the Minister of SMEs and Startups intends to conduct a fact-finding survey, he or she shall formulate a plan for such survey that includes the period, purpose, and details thereof and other matters and shall notify a person subject to the survey of the plan in advance.
(4) Where the Minister of SMEs and Startups prepares statistics regarding business start-up by persons with disabilities and their entrepreneurial activities pursuant to Article 7(3) of the Act, he or she may utilize statistics or other data surveyed or prepared pursuant to other statutes or regulations therefor.
(5) Where the Minister of SMEs and Startups conducts a fact-finding survey or prepares statistics pursuant to Article 7(3) of the Act, he or she shall post the results thereof on the website of the Ministry of SMEs and Startups.
[This Article Added on Oct. 10, 2023]
Article 6-3(Establishment and operation of specialized workplace for persons with disabilities) #
(1) The Minister of SMEs and Startups and the head of a local government may establish and operate a specialized workplace for persons with disabilities or may provide subsidies to a person who establishes and operates such workplace to help the person cover the expenses incurred therein in order to perform the following business affairs pursuant to Article 8-2(2) of the Act; in such cases, matters regarding the establishment and operation of a specialized workplace for persons with disabilities and provision of subsidies by the Minister of SMEs and Startups shall be determined and publicly notified by the Minister of SMEs and Startups, and matters regarding the same by a local government shall be prescribed by ordinance of the relevant local government:
1. Providing education, training, and counseling for business start-up by persons with developmental disabilities and their families;
2. Providing programs for supporting business start-up by persons with developmental disabilities and their families;
3. Providing funds for business start-up by persons with developmental disabilities and their families and helping them develop markets;
4. Other business affairs deemed necessary by the Minister of SMEs and Startups or the head of a local government to ensure self-reliance of persons with development disabilities and their families and to create jobs for them.
(2) A specialized workplace for persons with disabilities under paragraph (1) shall be established in a place easily accessible by persons with developmental disabilities.
[This Article Added on Oct. 10, 2023]
Article 7(Public notice of financial support procedures) #
Where necessary for providing financial support to enterprises owned or operated by persons with disabilities pursuant to the provisions of Article 9 of the Act, the Minister of SMEs and Startups may determine and publicly notify the scope of and support procedures for, in advance, the enterprises owned or operated by persons with disabilities eligible for support. <Amended on Jul. 26, 2017>
Article 7-2(Preferential purchase ratio of public institutions) #
"Ratio determined by Presidential Decree" referred to in Article 9-2(3) of the Act, means 1/100 of the total amount of products to be purchased by the relevant institution in the relevant year; provided, the head of a public institution which has difficulty attaining the purchase ratio of at least 1/100 due to the characteristics of the public institution may separately determine the purchase ratio in consultation with the Minister of SMEs and Startups. <Amended on Jul. 26, 2017>
[This Article Added on Jul. 26, 2016]
Article 7-3(Selection of persons eligible for business assistant services) #
(1) The services referred to in Article 10-3(1) of the Act (hereinafter referred to as "business assistant services") shall be provided to persons with disabilities who have the ability to manage an enterprise but have difficulty in managing it due to such disabilities, among persons with severe disabilities as defined in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities who run an enterprise without an employee (hereinafter referred to as "entrepreneurs with severe disabilities").
(2) The scope of business assistant services to be provided shall be as follows:
1. Type 1: Business assistance (supplemental business support for entrepreneurs with severe disabilities);
2. Type 2: Communication (communication support for entrepreneurs with severe disabilities);
3. Type 3: Business management guidance (business support necessary for management activities of entrepreneurs with severe disabilities);
4. Other matters that the Minister of SMEs and Startups deems necessary.
(3) An entrepreneur with severe disabilities who intends to receive business assistant services shall submit to the Minister of SMEs and Startups an application for business assistant services and accompanying documents determined and publicly notified by the Minister of SMEs and Startups.
(4) Upon receipt of an application under paragraph (3), the Minister of SMEs and Startups shall select persons eligible for business assistance services after conducting an evaluation in terms of the details of the business, management ability, etc. of the relevant entrepreneur with severe disabilities. In such cases, priority shall be given to the following entrepreneurs with severe disabilities:
1. An entrepreneur with severe disabilities whose disability level is comparatively higher than that of others;
2. A female entrepreneur with severe disabilities.
(5) The Minister of SMEs and Startups shall provide business assistant services to entrepreneurs with severe disabilities selected as eligible for business assistant services pursuant to paragraph (4) for the hours determined by the Minister of SMEs and Startups within budgetary limits, and may require the entrepreneurs with severe disabilities to bear some of the expenses incurred therein.
(6) Where an entrepreneur with severe disabilities selected as a person eligible for business assistant services falls under any of the following cases, the Minister of SMEs and Startups may revoke the selection of a person eligible for business assistant services and suspend the provision of business assistant services; provided, in cases falling under subparagraph 1, the Minister of SMEs and Startups shall revoke the selection of a person eligible for business assistant services and suspend the provision of business assistant services:
Article 8(Incorporation of Korean Disabled Entrepreneurs Association) #
(1) When it is intended to incorporate the Korean Disabled Entrepreneurs Association (hereinafter referred to as the "Association") pursuant to the provisions of Article 11 of the Act, an inaugural general meeting shall be held by at least five promoters who are entrepreneurs with disabilities, for the Association, with the consent of at least 100 entrepreneurs with disabilities.
(2) The representative of the promoters referred to in the provisions of paragraph (1), shall file an application for permission for incorporation with the Minister of SMEs and Startups, along with the following documents: <Amended on Jul. 26, 2017>
1. A written application for permission for incorporation;
2. Articles of association;
3. Lists of promoters and consenters;
4. A written business plan and a written budget for income and expenses;
5. Certificates issued by registration offices and financial institutions, etc., regarding primary property, including an inventory of property, real estate, deposits, and securities;
6. Minutes of the inaugural general meeting.
(3) The Minister of SMEs and Startups shall publicly announce the incorporation of the Association when he or she permits its incorporation. <Amended on Jul. 26, 2017>
(4) Necessary administrative affairs during the period until the Association is incorporated and executive officers are appointed, shall be conducted by the promoters.
Article 9(Articles of association for the Association) #
The articles of association for the Association shall state the following:
1. Objectives;
2. Name;
3. Location of the principal office;
4. Content of business;
5. Membership;
6. Matters concerning executive officers;
7. Matters concerning the composition and operation of general meetings and the board of directors;
8. Matters concerning assets and accounting;
9. Matters concerning amendment of the articles of association;
10. Matters concerning the Disabled Enterprise Business Center prescribed by Article 13 of the Act.
Article 10(Incorporation of Disabled Enterprise Business Center) #
(1) The Disabled Enterprise Business Center prescribed by Article 13 of the Act (hereinafter referred to as the "Business Center") may be incorporated as an incorporated foundation under the Civil Act.
(2) The Business Center shall perform the following business affairs: <Amended on Dec. 9, 2014; Jul. 26, 2017>
1. Guaranteeing and recommending enterprises owned or operated by persons with disabilities;
2. Providing information and data to enterprises owned or operated by persons with disabilities;
3. Supporting start-up businesses by persons with disabilities;
4. Providing education, training, and workshops to entrepreneurs with disabilities;
5. Facilitating managerial and marketing activities by enterprises owned or operated by persons with disabilities;
6. Operating a consulting center to help resolve difficulties faced by enterprises owned or operated by persons with disabilities;
7. Conducting research and investigation for nurturing enterprises owned or operated by persons with disabilities;
8. Projects commissioned by the Minister of SMEs and Startups, the head of a local government, or the Chairperson of the Association, for the purpose of nurturing enterprises owned or operated by persons with disabilities;
9. Other projects provided for by the articles of association for the Business Center, which support enterprises owned or operated by persons with disabilities.
Article 11(Operation of Business Center) #
(1) The representative of the Business Center shall be appointed by the head of the Association.
(2) Necessary matters concerning the organization and operation of the Business Center shall be provided for by the articles of association or operational regulations of the Business Center.
Article 11-2(Verification of enterprise owned or operated by persons with disabilities) #
(1) A person who intends to apply for verification of an enterprise owned or operated by a person with a disability pursuant to Article 18-2(1) of the Act shall file with the Minister of SMEs and Startups an application for verification of an enterprise owned or operated by a person with a disability or verification of any changes, which is prescribed in attached Form 1, together with the documents classified in the following subparagraphs, through a comprehensive information network for public procurement of small and medium enterprise-manufactured products (hereinafter referred to as "purchase information network") under Article 25(2) of the Act on Facilitation of Purchase of Small and Medium Enterprise-Manufactured Products and Support for Development of Their Markets: <Amended on Jun. 16, 2020>
1. In the case of a company under the Commercial Act:
a. A detailed statement of changes in stocks, etc., under the Corporate Tax Act;
b. A report on status concerning collection of withholding taxes under the Income Tax Act and a list of employees with a disability (only applicable to a medium enterprise under Article 8(2) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises);
2. In the case of an individual business entity:
a. A partnership agreement (only applicable to a joint business entity);
b. A report on the status of collection of withholding taxes under the Income Tax Act and a list of employees with a disability (only applicable to a medium enterprise under Article 8(2) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises);
3. In the case of a cooperative:
a. A list of members;
b. A list of investors;
c. A report on the status of collection of withholding taxes under the Income Tax Act and a list of employees with a disability (only applicable to a medium enterprise under Article 8(2) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises.
(2) The Minister of SMEs and Startups, in receipt of an application under paragraph (1), shall verify the following through the joint use of administrative information under Article 36(1) of the Electronic Government Act; provided, if the applicant refuses to agree to the verification of the matters under subparagraphs 2 through 4, the Minister of SMEs and Startups shall have him or her attach the documents: <Amended on Apr. 23, 2024>
Article 11-3(Validity of verification of enterprises owned or operated by persons with disability) #
(1) Verification of an enterprise owned or operated by a person with a disability under the latter part of Article 18-2(2) of the Act shall be valid for three years from the date of issuance of a certificate verifying an enterprise owned or operated by a person with a disability; provided, where the time limit for re-decision on the degree of disability or wound grade of the representative with a disability is within three years from such date of issuance, the validity thereof shall be from such date of issuance to the time limit for re-decision. <Amended on Dec. 31, 2018; Jun. 16, 2020>
(2) A person who intends to continue to receive support under the Act after the expiry of the validity under paragraph (1) may file with the Minister of SMEs and Startups an application for re-verification of an enterprise owned or operated by a person with a disability. In such cases, Article 11-2 shall apply mutatis mutandis to procedures, methods, etc. for re-verification.
(3) "Period prescribed by Presidential Decree" in Article 18-2(3) of the Act means the period classified as follows: <Amended on Nov. 25, 2025>
1. Where the verification of an enterprise owned or operated by a person with a disability has been cancelled due to falling under Article 18-3(1)1 or 2-2: Three years from the date of such cancellation;
2. Where a person has caused a third party to receive support under the Act by lending the name of a person with a disability or an enterprise owned or operated by a person with a disability (excluding cases falling under subparagraph 1): Three years from the date the person who has borrowed such name receives support under the Act.
[This Article Added on Sep. 19, 2017]
Article 11-4(Entrustment of business affairs) #
The Minister of SMEs and Startups shall entrust the Disabled Enterprise Business Center under Article 13 of the Act with the following business affairs under Article 19 of the Act: <Amended on Dec. 12, 2023>
1. Establishing and operating a specialized workplace for persons with disabilities under Article 8-2(2) of the Act;
1-2. Business affairs relating to the provision of business assistant services under Article 10-3 of the Act;
2. Receiving applications for verification of enterprises owned or operated by persons with disabilities under Article 18-2(1) of the Act.
[This Article Wholly Amended on Oct. 10, 2023]
Article 12(Subsidization of expenses for commission) #
The Minister of SMEs and Startups may subsidize necessary expenses for commission where projects are commissioned to an institution or organization related to enterprises owned or operated by persons with disabilities pursuant to the provisions of Article 19 of the Act. <Amended on Jul. 26, 2017>
Article 12-2 #
Deleted. <Mar. 3, 2020>
Article 13(Processing of personally identifiable information) #
The Minister of SMEs and Startups (including persons entrusted with the affairs of the Minister of SMEs and Startups under Article 11-4) may process data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable to perform the following administrative affairs:
1. Verification of enterprises owned or operated by persons with disabilities under Article 18-2 of the Act;
2. Cancellation of verification of enterprises owned or operated by persons with disabilities under Article 18-3 of the Act;
3. Imposition and collection of administrative fines under Article 21(1) of the Act.
[This Article Added on Jun. 16, 2020]