Article 1(Purpose) #
The purpose of this Decree is to prescribe matters delegated by the Act on the Support for Assistive Devices for Persons with Disabilities, Older Persons, etc. and Promotion of Use Thereof and matters necessary for enforcing said Act.
Article 2(Fact-finding surveys of assistive devices) #
The fact-finding surveys of assistive devices conducted under Article 5 (4) of the Act on the Support for Assistive Devices for Persons with Disabilities, Older Persons, etc. and Promotion of Use Thereof (hereinafter referred to as the "Act"), shall include the following matters:
1. Status of using assistive devices;
2. Demand for assistive devices, methods of supporting assistive devices, etc.;
3. Industrial trends, such as manufacturing, selling, distributing, renting, importing, repairing, etc. assistive devices;
4. Other matters that the Minister of Health and Welfare deems necessary to utilize as primary data for formulating assistive device policies.
Article 3(Scope of information on assistive devices, users) #
The scope of information on assistive devices, users, etc. collected and managed by the State and local governments pursuant to Article 11 (1) of the Act, shall be as follows:
1. Types and items of assistive devices provided to persons with disabilities, etc.;
2. Personal information of persons with disabilities who are provided with assistive devices, and types and degrees of their disabilities;
3. Public benefits provided pursuant to other statutes, to persons with disabilities who are provided with assistive devices;
4. Other matters deemed necessary and determined by the Minister of Health and Welfare, to maintain and improve quality of assistive devices, ensure safety and convenience of assistive device users, etc.
Article 4(Qualifications for assistive technology professionals) #
(1) Any person who intends to obtain a license as an assistive technology professional license under Article 15 (1) of the Act shall pass the national examination for assistive technology professionals (hereinafter referred to as the “national examination ” ) conducted by the Minister of Health and Welfare.
(2) A person who intends to apply for the national examination shall meet any of the following requirements:
1. The person shall have completed at least 10 courses related to assistive technology professionals, as specified in Appendix 1, at any of the following institutions; in such cases, the completed courses shall include at least 3 subjects in the basic field, and at least 3 subjects in the fields of application and practical skills:
(a) A school under subparagraphs 1 through 6 of Article 2 of the Higher Education Act;
(b) An education and training institution whose courses of study have been assessed and certified under Article 3 (1) of the Act on Recognition of Credits;
2. The person shall be a person with a disability registered under Article 32 of the Act on Welfare of Persons with Disabilities, and shall have completed at least 10 courses related to assistive technology professionals, as specified in Appendix 1, at an educational institution or organization recognized by the Minister of Health and Welfare; in such cases, the completed courses shall include at least 3 subjects in the basic field, and at least 3 subjects in the fields of application and practical skills, respectively.
[This Article Added on Dec. 18, 2018]
[(previous) Article 4 moved to Article 6 <Dec. 18, 2018>]
Article 5(Administration and public announcement of national examination for assistive technology professionals) #
(1) The Minister of Health and Welfare shall administer the national examination at least once a year.
(2) The Minister of Health and Welfare shall publicly announce an implementation plan for the national examination, including the following matters, on the Ministry’s website 90 days prior to the examination date; provided, the place of the examination may be announced 30 days prior to the examination date after the number of applicants has been finalized:
1. Eligibility requirements for applicants;
2. Date and place of the examination;
3. Examination subjects and criteria for determining successful applicants;
4. Date, time, and method of announcement of successful applicants;
5. Application procedures and fees;
6. Other matters necessary for the administration of the examination.
(3) The national examination shall be conducted in the form of a written test, and the subjects of the examination shall be as specified in Appendix 2.
(4) A person shall be deemed to have passed the national examination if he or she scores at least 40 points out of 100 in each subject and achieves an average of at least 60 points across all subjects.
(5) When the final list of successful applicants is determined, the Minister of Health and Welfare shall notify all applicants thereof in a manner accessible to them.
[This Article Added on Dec. 18, 2018]
[(previous) Article 5 moved to Article 7 <Dec. 18, 2018>]
Article 6(Delegation and entrustment of authority) #
(1) Pursuant to Article 10 (3) of the Act, the Minister of Health and Welfare shall delegate the authority over the quality control of assistive devices under paragraph (1) of that Article to the President of the Korea National Rehabilitation Center.
(2) Pursuant to Article 24 (2) of the Act, the Minister of Health and Welfare and the Special Metropolitan City Mayor, Metropolitan City Mayors, Special Self-Governing City Mayors, Do Governors, and Special Self-Governing Province Governors (hereinafter referred to as "Mayor/Do Governors") may entrust the following tasks to public institutions under Article 4 of the Act on the Management of Public Institutions, or to relevant corporations or organizations: <Amended on Dec. 18, 2018>
1. Projects for assistive device support and promotion of utilization thereof under Article 7 of the Act;
2. Support for the distribution, etc. of assistive devices under Article 8 (1) of the Act;
3. Collection and management of information on assistive devices, users, etc., under Article 11 (1) of the Act;
4. Issuance and re-issuance of assistive technology professional licenses under Article 15 (1) and (3) of the Act;
5. Administration and management of national examinations under Article 5 (1).
(3) If the Minister of Health and Welfare or a Mayor/Do Governor entrusts tasks under paragraph (2), he or she shall publicly notify the name of the entrusted institution, corporation, or organization, the details of the entrusted tasks, and other relevant matters.
[Moved from Article 4 <Dec. 18, 2018>]
Article 7(Processing of sensitive information and personally identifiable information) #
The Minister of Health and Welfare and the heads of local governments (including persons to whom the relevant authority or tasks have been delegated or entrusted by the Minister or such heads) may process data containing information on health prescribed in Article 23 of the Personal Information Protection Act, or resident registration numbers, driver’s license numbers, or alien registration numbers prescribed in subparagraph 1, 2, or 4 of Article 19 of the Enforcement Decree of that Act, if unavoidable for performing the following tasks: <Amended on Dec. 18, 2018>
1. Tasks relating to projects for assistive device support and promotion of utilization thereof under Article 7 of the Act;
2. Tasks relating to support for the distribution etc., of assistive devices under Article 8 (1) of the Act;
3. Tasks relating to the collection and management of information on assistive devices, users, etc., under Article 11 (1) of the Act;
4. Tasks relating to projects conducted by the central assistive device center under Article 13 (1) of the Act;
5. Tasks relating to the affairs of regional assistive device centers under Article 14 (1) of the Act;
6. Tasks relating to the issuance of assistive technology professional licenses under Article 15 (1) of the Act;
7. Tasks relating to refresher education under Article 17 of the Act;
8. Tasks relating to the administration and management of national examinations under Article 5 (1).
[Moved from Article 5 <Dec. 18, 2018>]