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ENFORCEMENT DECREE OF THE ACT ON EMPLOYMENT PROMOTION AND VOCATIONAL REHABILITATION FOR DISABLED PERSONS

Wholly Amended by Presidential Decree No. 20308, Oct. 10, 2007 Amended by Presidential Decree No. 20522, Jan. 3, 2008 Amended by Presidential Decree No. 20681, Feb. 29, 2008 Article 1 (Purpose)

The purpose of this Decree is to prescribe matters delegated by the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons and those necessary for the enforcement thereof.

Article 2 (Definition)

The definitions of the terms, as used herein, shall be governed by the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons (hereinafter referred to as the "Act"), the Basic Employment Policy Act and the Employment Security Act.

Article 3 (Criteria for Disabled Persons)

Disabled persons as defined in subparagraph 1 of Article 2 of the Act refer to those falling under any of the following subparagraphs:

1. A person meeting the criteria for disabled persons as specified in Article 2 of the Enforcement Decree of the Welfare of Disabled Persons Act;

2. A person falling within the degree of injury as specified in Article 14 (3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, Etc. of Distinguished Services to the State; or

Article 4 (Criteria for Persons with Severe Disabilities) Persons with severe disabilities as prescribed in subparagraph 2 of Article 2 of the Act refer to those falling under any of the following subparagraphs:

1. Of the disabled persons meeting the criteria described in Article 2 of the Enforcement Decree of the Welfare of Disabled Persons Act, a person who falls within the disability grade as determined by the Ordinance of the Ministry of Labor or a higher grade thereof;

2. Of the disabled persons meeting the criteria described in Article 2 of the Enforcement Decree of the Welfare of Disable Persons Act, a person who falls within the disability grade that is one grade lower than that stated in subparagraph 1 and has a disability resulting from cerebral palsy, blindness, mental retardation, developmental disorder, heart disabilities or upper limb disorder;

3. Of those falling within the disability grade specified in Article 14 (3) of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, Etc. of Distinguished Services to the State, a person who falls within the third degree of injury or higher; or

Article 5 (Workers Excluded from Application)

"Any person whose fixed working hours fall short of the working hours set by the Presidential Decree" in the proviso of subparagraph 5 of Article 2 of the Act means a person whose monthly fixed working hours is less than 60 hours. Article 6 (Composition, etc. of the Disabled Persons Employment Promotion Committee)

(1) The Disabled Persons Employment Promotion Committee (hereinafter referred to as the "Committee") under Article 7 (3) of the Act shall consist of not more than 20 members including a Chairman and a Vice Chairman.

(2) Members of the Committee shall be commissioned by the Minister of Labor and appointed from among public officials of Grade (including special or contract public officials with equivalent status) in the Ministry of Strategy and Finance, the Ministry of Education and Science Technology, the Ministry of Public Administration and Security, the Ministry of Knowledge and Economy, the Ministry for Health Welfare and Family Affairs, the Ministry of Labor, and Ministry of Patriots and Veterans Affairs by the head of the agency concerned, or those belonging to the Senior Civil Service, who are involved in affairs related to disabled persons, of those falling within the following subparagraphs: In this case, the number of members referred to in subparagraph 1 shall be equal to the number of those specified in subparagraph 2.

1. A person who represents workers;

2. A person who represents employers;

3. A person who has extensive knowledge and experience on disabled persons;

4. Members who are recommended by civic groups (non-profit private groups as referred to in Article 2 of the Assistance for Nonprofit Non-Governmental Organizations Act); and

5. Disabled persons. (3) Members commissioned by the Minister of Labor shall serve a two-year term which may be renewed: Provided that vacancies shall be filled for the unexpired term only. (4) For the handling of Committee affairs, a secretary, appointed by the Minister of Labor, from among public officials of Grade or higher in the Ministry of Labor or general public officials belonging to the Senior Civil Service, shall be assigned to the Committee.

Article 7 (Functions of the Committee)

The Committee shall deliberate on the following matters:

1. Matters concerning the basic plan and major policies on employment promotion and vocational rehabilitation for disabled persons;

2. Matters concerning the determining of the basic amount of shares under Article 33 (3) of the Act;

3. Critical matters concerning the operation and administration of the Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons under Article 68 of the Act; and

4. Other matters motioned by the Minister of Labor as critical to the employment promotion and vocational rehabilitation for disabled persons.

Article 8 (Chairman and Vice Chairman)

The Vice Minister of Labor shall assume the chairmanship of the Committee, and the Vice Chairman thereof shall be elected from among its members.

Article 9 (Duties of the Chairman, etc.)

(1) The Chairman shall represent the Committee and supervise over its affairs.

(2) The Vice Chairman shall assist the Chairman and, if the Chairman cannot perform his duties for some inevitable reasons, the Vice Chairman shall act on his behalf.

Article 10 (Meetings)

(1) The Chairman shall convene and preside at meetings of the Committee.

(2) Committee meetings shall be convened at the request of at least one-third of its members on the register or when deemed necessary by the Chairman.

(3) Decisions at a Committee meeting shall require the presence of the majority of its members including the Chairman and the approval of the majority of those present. Article 11 (Working Committee)

(1) The Committee shall review, in advance, the agenda to be deliberated by the Committee and may establish a Working Committee that would handle such matters as cooperation with pertinent organizations.

(2) The composition and operation of the Working Committee and other necessary matters thereof shall be voted upon by the Committee and determined by the Chairman thereafter. Article 12 (Allowances for Members)

Members of the Committee who attend a Committee or Working Committee meeting may be given allowances and travel expenses within the budget limit: Provided that this shall not apply to public official members who attend a meeting directly related to their duties.

Article 13 (Research Members)

(1) Full-time research members under Article 7 (4) of the Act shall be appointed by the Minister of Labor from among those falling under any of the following subparagraphs:

1. A person who holds a master's degree or higher in such fields as rehabilitation, education, psychology, medical science, technology, social services, economics and business administration for the employment promotion and vocational rehabilitation of disabled persons;

2. A person who holds a bachelor's degree or higher in such fields as rehabilitation, education, psychology, medical science, technology, social services, economics and business administration for the employment promotion and vocational rehabilitation for the disabled and also has at least two years of experience in the relevant field; or

3. A person whose educational background and career is equal to or greater than those specified in subparagraphs 1 and 2 and recognized as having extensive knowledge and experience on disabled persons;

(2) Full-time research members may be given allowances and travel expenses within the budget limit.

Article 14 (Hearing of Opinion, etc)

The Chairman may, when deemed necessary to perform his duties, have an expert or other relevant person with in-depth knowledge and experience appear before the Committee to present their opinion or request for the cooperation of relevant agencies, organizations, etc in submitting materials and comments. In this case, the Committee may pay for the expenses incurred within the budget limit.

Article 15 (Vocational Guidance Support)

(1) When conducting vocational guidance, such as vocational counseling, vocational aptitude tests and vocational skills evaluation, pursuant to Article 10 (1) of the Act, the Minister of Labor and the Minister of Health and Welfare shall provide information on matters necessary for the employment and vocational rehabilitation for the disabled person concerned according to the type and degree of the disability. (2) When providing loans or financial assistance for those who conduct or intend to conduct vocational guidance as specified in Article 10 (4) of the Act, the criteria therefor shall be determined and announced by the Minister of Labor, in consultation with the Minister for Health, Welfare and Family Affairs, after taking account of the following subparagraphs:

1. Business performance;

2. Status of available facilities and equipments;

3. Personnel exclusively for business;

4. Disabled persons' accessibility to facilities concerned; and

5. Demand for vocational guidance by disability type, etc. Article 16 (Vocational Adaptation Training Support for Disabled Persons)

(1) The vocational adaptation training under Article 11 (1) and (2) of the Act shall include vocational preparation training to facilitate the employment of disabled persons and other training aimed at improving their vocational skills, aside from the training specified in the Employee Skills Development Act. (2) The curriculum, facilities' and equipments' criteria, etc. of vocational adaptation training pursuant to paragraph (1) shall be determined and announced by the Minister of Labor, in consultation with the Minister for Health, Welfare and Family Affairs, after considering the level of adaption necessary to maintain employment based on the individual capability of the disabled person seeking employment.

(3) The criteria for providing financial assistance or loans to a person who installs or operates or intends to install or operate a vocational adaptation training facility or training course pursuant to Article 11 (3) of the Act, for the expenses required to do so, shall be determined and announced by the Minister of Labor, in consultation with the Minister for Health, Welfare and Family Affairs, after considering the following subparagraphs:

1. Training plan;

2. Current state of training facilities, equipments, vocational trainers, etc.; and

3. Training performance, etc. (4) The criteria for granting training allowances under Article 11 (4) of the Act shall be determined and announced by the Minister of Labor, in consultation with the Minister for Health, Welfare and Family Affairs, after taking consideration of the Employee Skills Development Act.

Article 17 (Promotion of Vocational Skills Development Training for Disabled Persons)

(1) The Minister of Labor may give preference to disabled persons in conducting vocational development training of occupations deemed necessary for the employment promotion and vocational rehabilitation of the disabled as specified in Article 12 (1) of the Act.

(2) Matters concerning financial assistance and loans for training expenses and financial assistance for training allowances under Article 12 (2) and (3) of the Act shall be determined and announced by the Minister of Labor in consideration of the contents, level, etc. of financial assistance and loans as specified in the Employee Skills Development Act.

Article 18 (Implementation and Assistance of Supportive Employment) The assistance of supportive employment under Article 13 of the Act shall include following subparagraphs but the detailed criteria for such assistance shall be determined and announced by the Minister of Labor in consultation with the Minister for Health, Welfare and Family Affairs.

1. training allowances for trainees;

2. subsidies for employers; and

3. allowances for vocational advisors assigned to a workplace. Article 19 (Job Placement Support)

(1) If a job placement facility establishes a job placement computer network pursuant to Article 15 (4) of the Act, the Minister of Labor may provide support or loans for the establishment expense required, and if a person running a free-of-charge job placement business under Article 18 of the Employment Security Act successfully places a disabled person who maintains employment for a set period or more, the Minister of Labor may render the necessary financial assistance.

(2) The criteria for providing loans or financial assistance for the costs required to establish a job placement computer network in accordance to paragraph (1) shall be determined and announced by the Minister of Labor in consideration of the following subparagraphs:

1. The capability of the facility concerned to exchange information on available jobs and job seekers with the Korea Employment Promotion Agency for the Disabled (hereinafter referred to as the "Agency") under Article 43 of the Act; and

2. Accessibility, etc. of the facilities for disabled persons seeking employment

Article 20 (Post-Employment Adaptation Guidance Support) To help a disabled worker effectively adapt to his/her workplace pursuant to Article 19 (1) of the Act , the Minister of Labor and the Minister for Health, Welfare and Family Affairs may conduct the guidance of the following subparagraphs, which is to be determined and announced by the Minister of Labor, in consultation with the Minister for Health, Welfare and Family Affairs.

1. Visits to the workplace and working conditions inspections;

2. Listening to and counseling of complaints by disabled persons; and

3. Support for the assignment, etc. of a sign language interpreter, etc.

Article 21 (Criteria for Support of Employers Employing Disabled Persons, etc)

In determining whether to grant loans or financial assistance, the amount thereof, etc. to employers who employ or intend to employ disabled persons or to those who establish and operate or intend to establish and operate standard workplaces for disabled persons pursuant to Article 21 and Article 22 of the Act, the Minister of Labor shall give consideration to the following subparagraphs:

1. Employment rate of disabled persons;

2. Whether disabled persons can be employed;

3. Feasibility of the loan or financial assistance application;

4. Repayment capability; and

5. Other matters, such as business outlook, as determined and announced by the Minister of Labor.

Article 21-2 (Dominating Standard of A Standard Workplace for Disabled Persons)

"To dominate a standard workplace for disabled persons substantially in accordance with standards defined by the Presidential Decree" under Article 22(3) means possessing exceeding 50/100 of total number of issued stocks or total amount of investment at the standard workplace for disabled persons concerned.

Article 21-3 (Return Order, etc. of Unlawful Loans or Other Fund Collected)

(1) In case determining the collection of loans or subsidies pursuant to Article 23(1) of the Act, the payment of the amount shall be notified to a person liable to pay without delay. (2) A person who has received a notification under paragraph (2) shall pay the amount within 30 days of the date receiving the notification,

Article 22 (Selection and Preferential Treatment of Excellent Employers who Employ Disabled Persons)

(1) When deemed necessary for the selection of excellent employers who employ disabled persons pursuant to Article 24 (1) of the Act, the Minister of Labor may request the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor (hereinafter referred to as "Governors of Cities and Dos") to make recommendations on such employers.

(2) The criteria for the selection and preferential treatment of excellent employers as specified in Article 24 (2) of the Act shall be determined and announced by the Minister of Labor in consideration of the employment rate of disabled persons, the number of disabled persons employed, size of business, etc. In this case, additional points may be given for persons with severe disabilities and disabled females.

Article 23 (Submission of the Employment Plan, etc. of Disabled Public Officials)

Pursuant to Article 27 (6) of the Act, the head of a central agency falling within any of the following subparagraphs, the head of a local government at each grade, and superintendents under the Local Education Autonomy Act shall submit an annual plan on the employment of disabled persons no later than January 31 of that year and a report on the

implementation of such employment plan no later than January 31 of the following year.

1. The Minister concerned under subparagraph 4 of Article 2 of the Decree on the Appointment of Public Officials; or

2. The Secretary-General of the National Assembly, Minister of Court Administration, Secretary-General of the Constitutional Court Administration and Secretary-General of the National Election Commission.

Article 24 (Estimation, etc. of Actual Construction Value )

(1) The actual construction value of a construction business under Article 28 (1) of the Act shall be equal to the actual total construction value minus the value of construction work which was legally subcontracted pursuant to the Framework Act on the Construction Industry and other pertinent laws.

(2) For construction businesses of which the number of workers is difficult to identify pursuant to Article 28 (1) of the Act, the total number of workers shall be estimated as follows (If the number should turn out to be a fraction, round it down and only leave the integer):

The actual construction value as estimated pursuant to paragraph (1) × 50 personsThe amount determined and announced by the Minister of Labor pursuant to Article 28 (1) of the Act

(3) In applying the provisions of Article 28 (1) of the Act, the number of workers shall be estimated by dividing the total number of workers employed for 16 days or more (i.e. the number of days in the payroll period is 16 days or more) per month of that year by the number of working months (the months in which the number of working days is less than 16 shall not be counted) of the same year. In this case, for businesses that manage common housings under the Housing Act, the number of workers shall be calculated on a workplace basis.

Article 25 (Mandatory Employment Rate for Employers) The mandatory employment rate of disabled workers, pursuant to Article 28 (1) of the Act, shall be 2/100: Provided that for employers who establish and operate vocational rehabilitation facilities for disabled persons as described in Article 9 (2) 3 of the Act, the disabled workers under such facilities shall be counted in the number of disabled workers employers are obligated to employ.

Article 26 (Employment Rate, etc. of Persons with Specific Disabilities) Pursuant to Article 28 (2) of the Act, occupations deemed suitable for persons with specific disabilities and the scope and employment rate of such disabled persons shall be as specified in the attached Table 1.

Article 27 (Submission of Plan on Employment of Disabled Persons, etc.)

In accordance to Article 29 (1) of the Act the Minister of Labor may require an employer obliged to employ a disabled person under Article 28 (1) of the Act to submit an annual plan on employment of disabled persons within 90 days of the beginning of that year and a report on the implementation of such employment plan within 90 days of the beginning of the following year in accordance to the conditions determined by the Ordinance of the Ministry of Labor.

Article 28 (Payment of Employment Subsidies)

An employer who wishes to receive employment subsidies, pursuant to Article 30(1) of the Act, shall file an application with the Minister of Labor in accordance to the conditions prescribed by the Ordinance of the Ministry of Labor. Article 29 (Restrictions on Payment of Employment Subsidies) An employer, who has received subsidies or financial assistance after the disabled worker who he had been employed pursuant to Article 30(4) of the Act satisfied the eligibility requirements for receiving the subsidies or financial assistance under the Employment Insurance Act and the Industrial Accident Compensation Insurance Act, shall not, throughout the duration of such payment, be eligible for the subsidies pursuant to this Act.

Article 30 (Order, etc. to Return Fraudulent Claims or Other Payments)

(1) If an employment subsidy is to be collected or additionally collected pursuant to Article 31 (1) of the Act, the person subject to such payment shall be notified, without delay, of the payment of the amount due.

(2) A person who has been notified pursuant to paragraph (1) shall pay the amount due within 30 days of the receipt of notice. Article 31 (Report, etc. of Fraudulent Claims for Employment Subsidies)

(1) A person (hereinafter referred to as "fraudulent claimant") who has received employment subsidies under Article 32 of the Act by false or other fraudulent means shall be reported to the regional labor office or the Agency as determined by the Ordinance of the Ministry of Labor.

(2) An investigating authority shall inform, without delay, the Agency of any report it has received regarding a fraudulent claimant of employment subsidies pursuant to Article 32 of the Act.

(3) A person, who wishes to receive a bounty (hereinafter referred to as "bounty") under Article 32 of the Act for reporting or accusing a fraudulent claimant of employment subsidies pursuant to the provisions of the same Article, shall file for the bounty with the Minister of Labor in accordance to the conditions prescribed by the Ordinance of the Ministry of Labor.

Article 32 (Criteria for Bounty Payment)

The bounty shall be paid by the Minister of Labor, with a maximum limit of 10 million won, in accordance to the following criteria: In this case, the amount below the one thousand won unit of the estimated bounty shall be considered invalid.

1. If the amount of the employment subsidy received by false or other fraudulent means (referred to as "amount of fraudulent claim" in this Article) exceeds 100 million won: 6 million won + (amount of fraudulent claim in excess of 100 million won×3/100);

2. If the amount of fraudulent claim is 20 million won or greater but less than 100 million won: 2 million won (amount of fraudulent claim in excess of 20 million won ×5/100); and

3. If the amount of fraudulent claim is less than 20 million won: Amount of fraudulent claim×10/100.

Article 33 (Duration of Reporting or Accusing)

The bounty shall be given only for reports or accusations that were made within three years from the date of receipt of the fraudulent claim.

Article 34 (Payment of Bounty Upon Concurrent Reports or Accusations)

(1) If two or more persons report or accuse the same fraudulent claim of an employment subsidy, such reports, in this case, shall be deemed as a single report with respect to the estimation of the bounty.

(2) In the case of paragraph (1), the bounty shall be properly divided to the informers in consideration of the level of contribution made to the identification of a fraudulent claim, etc. If the persons entitled to the bounty have agreed in advance on the division of the bounty, then such bounty shall be paid as agreed upon.

Article 35 (Duration of Bounty Payment)

Upon the notice to collect unlawful profits (Additional collections are included; This shall apply in this Article) pursuant to Article 31 (1) of the Act, the bounty shall be paid after the objection period has expired or when the disposal of collection of the unlawful profits has been confirmed upon conclusion of the objection procedure.

Article 36 (Payment, etc. of Shares Concerning Employment of Disabled Persons)

(1) Employers shall, pursuant to Article 33 (1) of the Act, report and pay shares pertinent to the employment of disabled persons (hereinafter referred to as "shares") of that year to the Minister of Labor by filing a report that contains the following matters:

1. Name of employer and title and location of the workplace;

2. Number of workers employed for 16 days or longer per month of that year and number of disabled workers employed for 16 days or longer per month of that year (For businesses established in the middle of that year, the months following the month in which the business was established, and for businesses that were closed in the middle of that year, the months preceding the month in which the business was closed);

3. Amount of shares for that year and list of monthly payments (If no shares are due, shall specify so);and

4. Other matters determined by the Minister of Labor. (2) The report specified in paragraph (1) shall be accompanied by documents that can prove that the disabled workers of the workplace concerned meet the criteria of disabled persons as prescribed in this Decree.

(3) The Minister of Labor shall give a payment period of 10 days or longer when collecting or additionally collecting shares pursuant to Article 33 (6) and (7) of the Act.

Article 37 (Notice of Shares Refund)

The Minister of Labor shall notify, without delay, an employer of any overpayment or erroneous payment of shares pursuant to Article 33 (7) of the Act.

Article 38 (Payment of Shares in Installments)

(1) Payment of shares in installments pursuant to Article 33 (8) of the Act shall only be admissible in cases where the shares to be paid for that year is estimated at one million won or more.

(2) When paying the shares in installments pursuant to paragraph (1), the employer shall pay in equal amounts on a quarterly basis with the initial installment due within 90 days of the beginning of that year, second installment on the 31st of May, third installment on the 31st of July and fourth installment on the 30th of September.

(3) A person who intends to pay the shares in installments pursuant to paragraphs (1) and (2) shall file an application for payment of shares in installments with the Minister of Labor. (4) The "amount that is set by the Presidential decree" in the latter part of Article 33 (8) of the Act shall be 3/100 of the shares' amount.

Article 39 (Appropriation and Refund of Overpayment or Erroneous Payment of Shares, etc.)

(1) The "order prescribed by the Presidential Decree" in Article 34 of the Act means the order set forth in the following subparagraphs: In this case, if there are two or more shares or other payments falling within the same order, then the one due on an earlier date shall be given higher priority.

1. Fees associated with the disposition on default under Article 37 of the Act;

2. Arrears under Article 35 (2) of the Act;

3. Surcharges under Article 35 (1) of the Act; and

4. Shares under Article 33 of the Act. (2) If an employer, who is subject to payment of shares or other payments due, is entitled to employment subsidies pursuant to Article 30 of the Act or a refund in accordance to Article 33 (7) of the Act, he may file with the Minister of Labor for such subsidies or refunds to be appropriated of the payment of such shares or other payments due in accordance to Article 34 of the Act.

(3) The Minister of Labor shall notify employers of any employment subsidies or overpayment or erroneous payment of shares, etc. to be appropriated for payment of shares or other payment due or any refunds of the balance thereof pursuant to Article 34 of the Act.

Article 40 (Collection of Arrears)

(1) Where a person subject to payment of shares fails to pay such shares within the due date as prescribed in Article 35 (2) of the Act, the Minister of Labor shall collect a payment, in arrears, equal to 12/1000 of the amount of the deferred payment and an additional payment, in monthly arrears, equal to 12/1000 thereof following the expiration of the payment period.

(2) If the total length of period of arrears payable pursuant to paragraph (1) exceeds 36 months, the period of arrears payable shall be set at 36 months.

Article 41 (Exceptions for Collecting Surcharges or Arrears) (1) The surcharges under Article 35 (1) of the Act shall be exempted in any of the following events pursuant to Article 35 (3) of the Act:

1. If the amount of surcharges is less than 3000 won; or

2. In cases of natural disasters or other unavoidable circumstances deemed beyond control by the Minister of Labor.

(2) The arrears under Article 35 (2) of the Act shall be exempted in any of the following events pursuant to Article 35 (3) of the Act:

1. If the amount of arrears is less than 3000 won;

2. If the demand for payment has been made by public notice because the address, residence, place of business or office of the obligor is unknown; or

3. In cases of natural disasters or other unavoidable circumstances deemed beyond control by the Minister of Labor.

Article 42 (Collecting Priority of Deferred Payments) When collecting shares or other payments due by means of disposition pursuant to Article 37 (3) of the Act, the provisions of Article 39 (1) shall apply mutatis mutandis with respect to the order in which such shares or other payments due are to be collected.

Article 43 (Entrusting, etc. Vicarious Execution of Public Sale) (1) If the Minister of Labor commissions the Korea Asset Management Corporation to perform the public sale of a seized property pursuant to Article 37 (4) of the Act, he shall forward thereto a commission request form specifying the following matters;

1. Name, address and residence of the obligor;

2. Type, quantity, quality and location of the property to be sold at public sale;

3. List and payment due date of shares and other payments due with regard to the seizure; and

4. Other matters required for the public sale of the seized property.

(2) When entrusting vicarious execution of public sale pursuant to paragraph (1), the Minister of Labor shall notify the following persons:

1. the obligor;

2. owner of the collateral;

3. any person with the right to lease on a deposit basis, pledge right, mortgage or other rights in the property concerned; and

4. the person under whose custody the seized property is maintained.

Article 44 (Transfer of Seized Property)

(1) In entrusting the public sale of a seized property pursuant to Article 43 (1) of the Act, the Minister of Labor may transfer the seized property in the possession of the Agency or placed under the custody of a third party to the Korea Asset Management Corporation: Provided that the transfer of the property placed under the custody of a third party may be done by handing over the certificate of custody of the property concerned.

(2) Upon receiving a seized property pursuant to paragraph (1), the Korea Asset Management Corporation shall issue a certificate of transfer.

Article 45 (Request to Terminate Entrustment of Public Sales) (1) The Korea Asset Management Corporation may, if a property is not purchased at a public sale for two years upon receiving a request to sell such property, file a motion for termination of the entrusted public sale with the Minister of Labor. (2) Upon receiving a motion for termination pursuant to paragraph (1), the Minister of Labor shall comply with such motion except in special circumstances.

Article 46 (Details Concerning Entrustment of Public Sales) Except as otherwise provided in this Decree, necessary matters regarding public sales performed by the Korea Asset Management Corporation pursuant to Article 37 (4) of the Act shall be determined by the Minister of Labor in consultation with the Korea Asset Management Corporation.

Article 47 (Disposal of Deficits of Shares or Other Payments Due) (1) The disposal of deficits under subparagraph 3 of Article 42 of the Act shall be authorized in the following circumstances:

1. If the whereabouts of the obligor is unknown or such person is found to have no property;

2. If the execution of the disposition on defaults is suspended, because the estimated value of the total property subject to the disposition is less than arrears, additional charge or the disposition fee on defaults;

3. If the property subject to disposition on defaults is used as collateral for credit following the right to lease on a deposit basis, pledge right or mortgage right established one year prior to the due date of shares or other payments due, and the execution of the disposition on defaults is suspended because its estimated value of sales is expected to have no remainder, after being appropriated for payment of surcharges, arrears and fees associated with the disposition on defaults; or

4. If the debtor has been exempted from the obligation to pay shares, etc. pursuant to Article 251 of the Debtor Rehabilitation and Bankruptcy Act.

(2) Where the disposal of deficits is to be carried out pursuant to subparagraph 1 of paragraph (1), the Minister of Labor shall inquire with the district tax office or local government organization to investigate and verify the whereabouts of the obligor and the status of his property: Provided that this shall not apply to cases where the amount of deferred payment is less than 100,000 won.

(3) When disposing of deficits under paragraph (1) and then finding other property that can be seized, the Minister of Labor shall cancel the disposition without delay and deliver another disposition on default.

Article 48 (Approval of Establishing Branch Office) When attempting to obtain approval to establish a branch office pursuant to Article 45 (2) of the Act, the Agency shall submit to the Minister of Labor an application for branch office establishment approval that contains the following matters;

1. Title;

2. Location;

3. Purpose of establishment;

4. Planned date of establishment;

5. Organization and fixed number of employees; and

6. Business description. Article 49 (Registration for Establishment)

The following matters shall be registered for Agency establishment pursuant to Article 46 of the Act:

1. Purpose;

2. Title;

3. Location of principal and branch offices;

4. Location of its affiliated agencies under Article 55 of the Act;

5. Name and address of officers;

6. Total value of assets; and

7. Notice method. Article 50 (Registration for Establishment of Branch Office) (1) Upon the establishment of a branch office (including affiliated agencies under Article 55 of the Act; the same shall apply hereinafter) pursuant to Article 45 (2) of the Act, the Agency shall register in accordance to each of the following subparagraphs:

1. Title and location of the branch office newly established in the location of the principal office, within three weeks of establishment: Provided that if the Agency and its branch office are established at the same time, the registration for the establishment of the branch office in the location of the principal office shall be done along with the registration for the establishment of the Agency;

2. Each of the subparagraphs of Article 49 in the location of the branch office newly established, within three weeks of establishment; and

3. Title and location of the branch office newly established in the location of an existing branch office, within three weeks of establishment.

(2) If a new branch office is established within the jurisdiction of a registration office that has jurisdiction over a principal office or an existing branch office, only the title and location of the new branch office shall require registration within three weeks of establishment.

Article 51 (Registration of Transfer)

(1) When transferring its principal or branch office to the jurisdiction of a different registration office, the Agency shall register the new location and date of transfer within two weeks at the previous location, and the matters described in the subparagraphs of Article 49 within three weeks at the new location.

(2) When transferring its principal or branch office within the jurisdiction of the same registration office, the Agency shall register the new location and date of transfer within three weeks.

Article 52 (Registration of Change)

In the event of any changes with respect to the

subparagraphs of Article 49, the Agency shall register such changes within two weeks at the location of its principal office and within three weeks at the location of its branch office. Article 53 (Documents to be Attached to Registration Application) When applying for registration as according to the provisions of this Decree, the following documents shall be attached to the application;

1. Articles of Incorporation of the Agency in the case of registration for establishment under Article 49;

2. Approval of branch office establishment by the Minister of Labor in the case of branch office establishment registration under Article 50;

3. Documents proving the transfer of principal or branch office in the case of registration of transfer under Article 51; or

4. Documents proving the changes concerned in the case of registration of changes under Article 52.

Article 54 (Estimation of Registration Period)

When matters regarding registration under this Decree require the authorization or approval of the Minister of Labor, the registration period shall be determined according to the date on which such certificate of authorization or approval was received.

Article 55 (Officers)

(1) The ex officio directors under Article 41 (3) of the Act shall be appointed from among public officials of Grade (including special and contract public officials with equivalent status) in the Ministry of Strategy and Finance, Ministry of Health, Welfare and Family Affairs, and Ministry of Labor by the head of the agency concerned or those belonging to the Senior Civil Service, who are involved with disability services. (2) The part-time directors, aside from the ex officio directors, of the Agency shall command extensive knowledge and experience with disabled persons.

Article 56 (Advisory Committee and Support Committee) (1) The Agency may establish an Advisory Committee to seek advice on major projects regarding employment promotion and vocational rehabilitation for disabled persons. (2) A Support Committee may be established under the Agency in order to efficiently conduct its projects and ensure effective cooperation with relevant agencies.

(3) Matters necessary for the composition, operation, etc. of the Advisory Committee and the Support Committee under paragraph (1) and (2), respectively, shall be determined by the Articles of Incorporation of the Agency.

Article 57 (Disposal, etc. of Major Property)

The Agency shall obtain approval from the Minister of Labor before delegating, acquiring, leasing, exchanging, or offering as collaterals, any property specified in the following subparagraphs:

1. Any land, forest and building of the Agency;

2. Educational facilities, diagnosis and checkup equipments, and other relevant major equipments; or

3. Other property that may critically contribute to the increase or decrease of the Agency's properties.

Article 58 (Application for Approval to Borrow Funds) When attempting to obtain approval to borrow funds pursuant to Article 57 of the Act, the Agency shall submit to the Minister of Labor an application for approval that contains the following matters:

1. Purpose of loan;

2. Lender;

3. Amount of loan;

4. Conditions of loan;

5. Method and duration of repayment; and

6. Other matters necessary for loans and repayment thereof. Article 59 (Business Plan and Draft Budget)

(1) The Agency shall submit to the Minister of Labor an annual budget request for the following year to which the following documents are attached, no later than April 30 of that year pursuant to Article 59 of the Act: When intending to modify the said budget request, documents in which such change and reason therefor are specified shall be submitted to the Minister of Labor.

1. Business plan and cash flow plan for the following year;

2. Estimated profit and loss statement and estimated balance sheet of the following year;

3. Business plan and draft budget submitted to the Agency by the Minister for Health, Welfare and Family Affairs pursuant to Article 60 of the Act; and

4. Other documents necessary for the clarification of the budget request.

(2) The business plan under subparagraph 1 of paragraph (1) shall separately describe the goals, policies, key points and required budget of the business.

(3) When intending to modify the approved draft budget or any key points of the business plan, the Agency shall obtain approval to do so by submitting the modification and reason therefor to the Minister of Labor.

Article 60 (Allotment Ratio)

The allotment ratio of the amount requested by the Minister for Health, Welfare and Family Affairs and that required for the implementation of the Agency's services under Article 60 (3) of the Act shall be two-thirds and one-third, respectively. Article 61 (Submission of Settlement of Income and Expenditure Accounts)

When submitting the settlement of income and expenditure accounts of each business year to the Minister of Labor pursuant to Article 61 of the Act, the Agency shall attach the following documents:

1. Business plan of that year and a comparison of the cash flow plan and the actual results of its execution of that year;

2. Profit and loss statement and balance sheet of that year;

3. Statements from a public accountant and Agency auditor designated by the Minister of Labor; and

4. Other referral documents that can verify the settlement of accounts.

Article 62 (Application for License to Establish Management Agency) If the Agency intends to establish a management agency by obtaining the relevant license from the Minister of Labor pursuant to Article 64 (2) of the Act, it shall submit a license application which contains the following matters to the Minister of Labor:

1. Necessity of the management agency;

2. Business overview; and

3. Other matters necessary for the establishment of the management agency.

Article 63 (Approval of Internal Regulations)

When enacting or amending any internal regulations pertinent to the following subparagraphs, the Agency shall obtain approval from the Minister of Labor:

1. Matters concerning the organization and fixed number of employees of the Agency;

2. Matters concerning the accounting and management of properties and goods;

3. Matters concerning the remuneration and service of officers and employees;

4. Matters concerning the projects delegated to the Agency under Article 82 (2); and

5. Other matters critical to the operation of the Agency. Article 64 (Supervision)

A public official inspecting the books, documents and other belongings of the Agency pursuant to Article 65 of the Act shall carry a certificate indicating his authorities and present such certificate to the relevant personnel.

Article 65 (Government Contributions)

(1) If the government plans to contribute to the Employment Promotion and Vocational Rehabilitation Fund for Disabled Persons (hereinafter referred to as the "Fund") pursuant to Article 69 (1) 1 of the Act or if the expenses required to perform the Agency's businesses is to be taken out from the Fund pursuant to subparagraph 1 of Article 71 of the Act, the Minister of Labor shall do so by appropriating from the budget or the Fund management plan under Article 70.

(2) The Minister of Labor shall, upon confirmation of the budget or Fund management plan under paragraph (1), notify the Agency of such confirmation.

(3) When intending to receive expenses required to perform its businesses, the Agency shall submit to the Minister of Labor an application for delivery of business expenses to which quarterly business plans and quarterly budget execution plans are attached.

(4) Upon the receipt of the application under paragraph (3), if the quarterly business plan and quarterly budget execution plan are deemed reasonable, the Minister of Labor shall provide the expenses required for the Agency to perform its business accordingly.

Article 66 (Contributions, etc. of a Person Aside From the Government) When a person aside from the government intend to make any contribution or donation pursuant to Article 69 (1) 1 of the Act, the Minister of Labor may determine the method, etc. of contribution or donation in consultation with the person. Article 67 (Usage of Fund)

Pursuant to subparagraph 14 of Article 71, the Fund may cover the costs and expenses for the following subparagraphs:

1. Supportive employment projects under Article 18;

2. Management and operation of the Fund; and

3. Projects delegated to the Governors of Cities and Dos or those entrusted to the Agency pursuant to Article 82 of the Act.

Article 68 (Entrustment of Fund Payments)

The Minister of Labor may entrust the responsibilities regarding loans and assistance from the Fund or payment of subsidies to any financial institution or postal service agency prescribed under the Banking Act or other pertinent laws. Article 69 (Operation and Management of Fund)

(1) The accounting of the Fund shall be based on generally accepted accounting principles.

(2) Any surplus resulting from the settlement of the Fund may be appropriated to reserves of the Fund.

(3) Matters necessary for the operation of the Fund reserves or any surplus following expenditure shall be determined by the Minister of Labor.

(4) The "level as prescribed by the Presidential Decree" in Article 72 (3) of the Act means the earning rate determined by the Minister of Labor in consideration of the interest rate for a fixed deposit maturing in one year of a financial institution whose business district is the whole nation among financial institutions authorized by the Banking Act.

(5) The "others defined by the Presidential Decree" in Article 72 (3) 3 of the Act mean State or local governments. Article 70 (Fund Management Plan)

(1) The Minister of Labor shall develop a Fund management plan containing each of the following matters:

1. Matters concerning income and expenditure of the Fund;

2. Matters concerning the business plan, commitment of expenditure plan and financial plan of that year;

3. Matters concerning the handling of the balance carried forward from the previous year;

4. Matters concerning accumulated fund; and

5. Other matters necessary for the management of the Fund. (2) In drawing up the fund management plan under paragraph (1), the quarterly plan on commitment of expenditures and the monthly financial plan shall be determined in consultation with the Minister of Strategy and Finance. This shall also apply to cases where any modification is made to such plans. Article 71 (Fund Management Assistants)

The Minister of Labor may, when deemed necessary for the effective management of the Fund, assign fund management assistants to aid the accounting agency of the Fund under Article 73 of the Act.

Article 72 (Fund Account)

The Minister of Labor shall establish an Employment Promotion and Vocational Rehabilitation Fund Account for Disabled Persons (hereinafter referred to as the "Fund Account") in the Bank of Korea in which the income of the Fund is distinguished from the expenditure thereof for the purpose of clarifying the income and expenditure of the Fund. Article 73 (Procedure for Receipt of Fund Revenues) (1) Where revenue of the Fund is to be collected, the Fund revenue collection officer shall inform the person subject to the payment to render such payment into the Fund Account. (2) Upon receiving the Fund revenue, the Bank of Korea shall issue a receipt to the payer and immediately forward the notice of receipt to the Fund revenue collection officer. (3) The Bank of Korea shall place the Fund revenue received pursuant to paragraph (2), in the Fund Account established in its principal office in adherence to the procedure for handling national funds.

Article 74 (Procedure for Fund Expenditure)

(1) When making a commitment of expenditure, the Fund financial officer shall forward documents related to the commitment of expenditure to the Fund disbursing officer. (2) If, after the Fund financial officer made a commitment of expenditure, there are funds that were undistributed for some inevitable reason in that fiscal year, such remainder may be carried forward to the following fiscal year to be disbursed. Article 75 (Limit Concerning Commitment of Fund Expenditure) (1) The Minister of Labor shall assign a quarterly limit on commitments of expenditure to each Fund financial officer within the scope of the quarterly plan on commitment of expenditure under Article 70.

(2) When a quarterly limit on commitments of expenditure is assigned pursuant to paragraph (1), the Minister of Labor shall notify the Fund financial officer concerned and the Minister of Strategy and Finance of such limit.

(3) The Fund financial officer shall be prohibited from making commitments of expenditure in excess of the limit assigned pursuant to paragraph (1).

Article 76 (Fund Expenditure Limit)

(1) The Minister of Labor shall assign a monthly spending limit of the Fund to each Fund disbursing officer within the scope of the monthly financial plan under Article 70. (2) When a monthly spending limit is assigned pursuant to paragraph (1), the Minister of Labor shall notify the Governor of the Bank of Korea of such limit.

Article 77 (Report of Fund Management Status)

The Minister of Labor may determine the issues to be reported with respect to the management and operation of the Fund.

Article 78 (Report of Fund Settlements)

The Minister of Labor shall draft an annual report on Fund settlements, to which the following documents regarding settlements of the Fund are attached, and file the report with the Minister of Strategy and Finance no later than 60 days following the end of the fiscal year of the Fund.

1. General status of the Fund;

2. Overview of settlements;

3. Comparison of the Fund management plan and its actual results;

4. Statement of income and expenditure accounts;

5. Record of loan status;

6. Statement of property status; and

7. Statement of annual status of financial resources provided to the Fund.

Article 79 (Application Mutatis Mutandis of Other Laws) With regard to the operation and management of the Fund, laws pertinent to budget and accounting shall apply mutatis mutandis to matters not provided for in the provisions of the Act and this Decree.

Article 80 (Appointment of Vocational Counselors for Disabled Persons) (1) Employers with 10 or more disabled workers on a regular basis shall be obligated to appoint vocational counselors for disabled persons (hereinafter referred to as "counselor") pursuant to Article 75 (2) of the Act: Provided that the appointment of counselors by employers with less than 10 disabled workers on a regular basis shall be prescribed by the Ordinance of the Ministry of Labor in consideration of the nature of the type of disability.

(2) Employers who are obligated to assign a counselor shall appoint a counselor within 90 days from the date on which such circumstances arise.

Article 81 (Support of Expenses)

State and local governments may, pursuant to Article 78 of the Act, provide employers or rehabilitation agencies that conduct any of the following projects or any other disability welfare-related organization that offers employment promotion services for disabled persons, with the expenses required, in whole or in part, to conduct such projects or services, within the budget limit:

1. Employment promotion and vocational rehabilitation projects for disabled persons;

2. Surveys, research, promotional campaigns and various contests aimed at employment promotion for disabled persons; or

3. Other projects deemed necessary by the head of a State or local government for the employment promotion and vocational rehabilitation for disabled persons.

Article 82 (Delegation and Entrustment of Authority (1) The Minister of Labor shall, pursuant to Article 82 of the Act, delegate the authorities regarding each of the following subparagraphs to the head of the regional labor office:

1. Order to submit employment plans for disabled persons and the implementation status thereof, order to modify such employment plans, and public disclosure of the employment details pursuant to Article 29 of the Act;

2. Reports and inspections under Article 76 of the Act (limited to cases where necessary to handle the delegated responsibilities);

3. Matters concerning the imposition and collection of fines for negligence under Article 86 of the Act; and

4. Approval of disposition on defaults and disposal of deficits of the payments due pursuant to paragraph (3). (2) The Minister of Labor shall, pursuant to Article 82 of the Act, entrust the authorities regarding the following subparagraphs to the Agency:

1. Vocational guidance under Article 10 of the Act;

2. Vocational adaptation training under Article 11 of the Act;

3. Vocational skills development training under Article 12 of the Act;

4. Supportive employment under Article 13 of the Act;

5. Job placement services under Article 15 of the Act;

6. Establishment, etc. of job placement computer networks under Article 16 of the Act;

7. Support for self-employed disabled persons under Article 17 of the Act;

8. Support for disabled workers under Article 18 of the Act;

9. Adaptation guidance after employment under Article 19 of the Act;

10. Employment guidance for employers under Article 20 of the Act;

11. Loans or assistance to employers employing disabled workers under Article 21 of the Act;

12. Loans or assistance to standard workplaces of disabled persons under Article 22 of the Act;

13. Collection of Unlawful Loans or Subsidies, etc. and Restrictions on Payment under Article 23 of the Act;

14. Selection of and preferential treatment for exemplary employers employing disabled workers under Article 24 of the Act;

15. Provision of materials regarding disabled persons to employers under Article 25 of the Act;

16. Survey on the employment status of disabled persons under Article 26 of the Act;

17. Receipt of employment plans, implementation status thereof and modified plans resulting from the order to submit employment plans for disabled persons and

implementation status thereof, and the order to modify such employment plan as prescribed in Article 29 of the Act;

18. Payment of subsidies for the employment of disabled persons as prescribed in Article 30 of the Act;

19. Collection of unlawful profits and restrictions on payments pursuant to Article 31 of the Act;

20. Collection and reduction of shares, additional payment of employment subsidies, additional collection and refund of shares and payment of shares in installments as prescribed in Article 33 of the Act;

21. Appropriation and refund of overpayment or erroneous payment of shares, etc. under Article 34 of the Act;

22. Collection of surcharges and arrears under Article 35 of the Act;

23. Notification of the collection, imposition and refund of shares under Article 36 of the Act;

24. Pressing of payment and disposition for recovery of arrears and commission of public sales as prescribed in Article 37 of the Act;

25. Disposal of deficits under Article 42 of the Act;

26. Loans, assistance, contributions and subsidies regarding the Fund under subparagraphs 3 through 10, 12 and 14 of Article 71 of the Act;

27. Matters concerning specialized personnel, such as vocational counselors, for disabled persons as prescribed in Article 75 of the Act;

28. Reports and inspections under Article 76 of the Act (limited to cases where necessary to handle entrusted responsibilities);

29. Acceptance of the application for bounties under Article 31 (3); and

30. Payment of bounties under Article 32; (3) The Agency shall obtain prior approval from the Minister of Labor in any of the following events:

1. Disposition for recovery of arrears, as prescribed in subparagraph 24 of paragraph (2); or

2. Disposal of deficits under subparagraph 25 of paragraph (2). Article 83 (Imposition and Collection of Fines for Negligence) (1) When intending to impose a fine for negligence pursuant to Article 86 of the Act, the Minister of Labor shall investigate and confirm the violation in question and send a notice specifying the violation, amount of fine for negligence, etc. to the person subject to the fine for negligence.

(2) When intending to impose a fine for negligence pursuant to paragraph (1), the Minister of Labor shall set a period of ten days or longer to provide the person subject to the fine for negligence with an opportunity to make his/her statement, either orally or in writing (including electronic documents). In this case, if no statement is made within the set period, it shall be considered that he/she has no statement to make. (3) The Minister of Labor shall give consideration to the motive of the violation concerned, consequences thereof, etc. in determining the amount of fine for negligence. The criteria for imposing such fines shall be as specified in the attached Table 2. (4) The procedure for collecting fines for negligence shall be determined by the Ordinance of the Ministry of Labor. Addenda Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Article 2 (Transitional Provisions Concerning the Criteria, etc. of Disabled Persons)

With respect to a disabled person or a severely disabled person who are included in an employment plan and the report on the status of its implementation under Article 22 and 26 when the Enforcement Decree of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons was executed, the previous provisions shall apply until he registers as an disabled person according to the Welfare of Disabled Persons Act despite the revised provisions of subparagraph 3 of Article 3 and subparagraph 4 of Article 4 of the Enforcement Decree of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons. Article 3 (Relations with Other Acts and Subordinate Statutes) In case where other Acts and subordinate statutes quote or such Act is applicable mutatis mutandis the Enforcement Decree of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons, and if this Decree contains any provisions corresponding to them, this Decree or the corresponding Articles and paragraphs of this Decree shall be deemed to have been quoted or applied mutatis mutandis in lieu of the previous provisions.

Addenda Article 1 (Enforcement Date)

This Decree shall enter into force on the date of its promulgation.

Articles 2 and 4 Omitted.

Article 5 (Revisions of Other Laws)

(1) through (17) Omitted.

(18) Parts of the enforcement Decree of the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons shall be revised as follows:

"Ministry of Finance and Economy, Ministry of Education and Human Resources Development, Ministry of Commerce, Industry and Energy, Ministry of Labor, Ministry of Planning and Budget, Ministry of Patriots and Veterans Affairs and the Civil Service Commission" in Article 6 (2) shall be revised to read "Ministry of Strategy and Finance, the Ministry of Education and Science Technology, the Ministry of Public Administration and Security, the Ministry of Knowledge and Economy, the Ministry for Health Welfare and Family Affairs, the Ministry of Labor, and Ministry of Patriots and Veterans Affairs".

"Minister of Health and Welfare" in the parts except each subparagraph of Article 15(1) and (2), the parts except each subparagraph of Article 16(2) and (3), and (4), the parts except each subparagraph of Article 18, the parts except each subparagraph of Article 20, and Article 59(1)3 and 60 shall be changed to "Minister of Health, Welfare and Family Affairs." "Ministry of Health and Welfare, Ministry of Labor and Ministry of Planning and Budget" in Article 55(1) shall be changed to "Ministry of Strategy and Finance, Minist of Health, Welfare and Family Affairs, and Ministry of Labor."

"The quarterly plan on commitment of expenditures shall be determined in consultation with the Minister of Budget and Planning and the monthly financial plan shall be determined in consultation with the Minister of Finance and Economy" in Article 70(2) shall be changed to "the quarterly plan on commitment of expenditures and the monthly financial plan shall be determined in consultation with the Minister of Strategy and Finance." (19) through <20> Omitted.

Table 1. Occupations, scope and employment rate of such disabled persons [concerning Article 26]

Table 2. Criteria for imposing fines by the kind of violation [concerning Article 83 (3)]