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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON SUPPORT FOR THE PROMOTION OF EMPLOYMENT AND VOCATIONAL REHABILITATION OF DISABLED PERSONS

Article 1 (Purposes) The purpose of this Ordinance is to contribute to stable living and active participation of persons with disabilities in communities by helping them live independently in communities through the promotion of employment and vocational rehabilitation for those living in Seoul Metropolitan Government pursuant to the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities. <Amended by Ordinance No. 5891, May 14, 2015>

Article 2 (Definition) The definitions of terms used in this Ordinance shall follow the terms of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities.
[This Article Newly Inserted by Ordinance No. 6725, Jan. 4,2018]

Article 3 (Responsibilities and Duties of Mayor) (1) The Mayor of Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall continuously promote policies for education, public relations and the promotion of employment of persons with disabilities in order to improve the business owners' and citizens' understanding on the promotion of employment and vocational rehabilitation for persons with disabilities.
(2) The Mayor shall improve the rate of mandatory employment of persons with disabilities in the public sector and formulate diverse policies for the promotion of employment and vocational rehabilitation for persons with disabilities in consideration of their characteristics. In such cases, he/she shall preferably consider the promotion of employment and vocational rehabilitation for persons with severe disabilities and females with disabilities. <Amended by Ordinance No. 5891, May 14, 2015>

Article 3-2 (Gathering Opinions from Persons with Disabilities, etc.) When the Mayor determines and implements policies for the promotion of employment and vocational rehabilitation for persons with disabilities pursuant to this Ordinances, he/she shall gather opinions from persons with disabilities, their parents, spouse, or guardians, etc.
[This Article Newly Inserted by Ordinance No. 6725, Jan. 4,2018]

Article 4 (Formulation of Implementation Plan for Promotion of Employment and Vocational Rehabilitation for Persons with Disabilities) (1) The Mayor shall formulate and execute an implementation plan necessary for the promotion of employment and vocational rehabilitation of persons with disabilities so that they may be engaged in occupations suitable to their aptitudes and abilities.
(2) The following matters shall be included in an implementation plan referred to in paragraph (1):
1. Directions and implementing procedures for programs for the promotion of employment and vocational rehabilitation for persons with disabilities;
2. Establishment and operation of facilities necessary for the promotion of employment and vocational rehabilitation for persons with disabilities;
3. Detailed matters for the expansion of jobs for persons with disabilities;
4. Programs to provide jobs for persons with disabilities in the public sector;
5. Favorable treatment on persons with severe disabilities and females with disabilities, such as job creation for them;
6. Work adjustment training for persons with disabilities for their vocational life suitable to their aptitudes and abilities;
7. Construction of networks with institutions related to employment services for persons with disabilities;
8. Discovery of and publicity for excellent cases of employment of persons with disabilities;
9. Other matters the Mayor deems necessary.
(3) If necessary in order to formulate an efficient implementation plan, the Mayor may conduct a variety of fact-finding surveys.

Article 5 (Mandatory Employment Rate of Persons with Disabilities) (1) When the Mayor employs persons with disabilities, he/she shall comply with Article 27 (1) of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (hereinafter referred to as the "Act"), and a City-invested or funded institution shall comply with Articles 28-2 of the Act. <Amended by Ordinance No. 6725, Jan. 4, 2018>
(2) Notwithstanding the provision of paragraph (1), the Mayor shall endeavor to raise the employment rate of persons with disabilities up to six percent of the fixed number of public officials of the Seoul Government, and a City-invested or funded institution shall endeavor to raise the employment rate of persons with disabilities up to five percent of the number of regular employees.

Article 6 (Surveys of Current Status of Mandatory Employment of Persons with Disabilities) In relation to Articles 27 and 28 of the Act, the Mayor shall survey the current status of the employment rate of persons with disabilities in the Seoul Government, each autonomous Gu and each City-invested or funded institution every year, and where the results thereof do not reach the mandatory employment rate, he/she shall recommend the head of the relevant institution the mandatory employment of persons with disabilities and officially announce the content thereof.

Article 7 (Creation of Jobs in Public Sector) The Mayor shall proactively endeavor to promote the following programs in order to provide persons with disabilities with jobs in the public sector: <Amended by Ordinance No. 6277, Jul. 14, 2016>
1. Employment of persons with disabilities who have aptitudes and abilities suitable to programs directly conducted by the Seoul Government or entrusted to the private sector;
2. Protected employment, such as the creation of specific working conditions for persons with disabilities who have difficulties in working in normal working conditions;
3. Job creating business in the pubic sector for persons with disabilities accredited pursuant to Article 82 (1) of the Medical Service Act;
4. Other programs creating jobs creating in the pubic sector, which are deemed necessary by the Mayor.

Article 8 (Promotion of Employment of Persons with Disabilities) (1) The Mayor shall endeavor to promote the following vocational rehabilitation and employment promotion programs in order to provide persons with disabilities with jobs in the public sector: <Amended by Ordinance No. 5891, May 14, 2015; Ordinance No. 6725, Jan. 4,2018 >
1. Vocational counseling, evaluations of vocational ability and vocational guidance that provides employment information so that persons with disabilities may find a job suitable to their ability;
2. Appropriate job placement and recommendation in consideration of desires and aptitudes of persons with disabilities, types and characteristics of disability, types of occupation, etc.;
3. Support to a person who establishes and operates, or intends to operate a work adjustment training facility or course for vocational ability development and improvement of persons with disabilities;
4. Formulation of a supporting plan for stable vocational life of low-income workers with disabilities;
5. Public relations and education for the promotion of employment of persons with disabilities;
6. Preferential purchase of goods produced by welfare facilities for persons with disabilities and welfare organizations for persons with disabilities;
7. Holding job fairs for persons with disabilities for job offerings of enterprises and job seeking of persons with disabilities;
8. Support for skill contests of persons with disabilities in order to discover and foster excellent skilled persons with disabilities.
(2) Where necessary to promote programs referred to in paragraph (1), the Mayor may establish and operate a related specialized institution or entrust a private specialized institution with the promotion of programs and pay expenses incurred in the promotion thereof.

Article 8-2 (Job Creation, etc. for Severely Disabled Persons) (1) The Mayor shall proactively discover and promote policies to create jobs for persons with severe disabilities.
(2) The Mayor shall ascertain internal demand for jobs for persons with severe disabilities at the main office of the Seoul Metropolitan Government, the Seoul Metropolitan Council Secretariat, and institutions or offices under the Seoul Government's jurisdiction every year to promote the employment of persons with severe disabilities; and shall reflect such demand when formulating an implementation plan under Article 3.
(3) The Mayor may directly employ the number of persons meeting internal demand under paragraph (2) and may separately determine matters necessary for their recruitment, assignment, etc. In such cases, he/she shall endeavor to assign a job for the person employed at the shortest commute distance.
(4) The Mayor shall conduct an appropriate vocational education for persons with severe disabilities among the employee under his/her jurisdiction for their efficient job performance. If necessary, he/she may entrust such education to a nonprofit corporation or nonprofit civil organization.
(5) The Mayor may organize and operate the Seoul Government Monitor Team of Business for Persons with Severe Disabilities (hereinafter referred to as the "Monitor Team") to perform any of the following activities to facilitate job performance of persons with severe disabilities among the employee under his/her jurisdiction. In such cases, detailed matters necessary for the organization and operation of the Monitor Team shall be determined separately:
1. Examining job performance of persons with severe disabilities;
2. Counseling persons with severe disabilities;
3. Other necessary activities recognized by the Mayor to facilitate job performance of persons with severe disabilities.
(6) The Mayor may grant official commendations to a person with severe disabilities with an outstanding job performance or an excellent Monitor Team member.
[This Article Newly Inserted by Ordinance No. 6725, Jan. 4,2018]

Article 9 (Adjustment Guidance after Employment) The Mayor may provide guidance necessary for persons with disabilities to get used to working conditions for their job stability.

Article 10 (Employment Guidance on Business Owners) The Mayor may provide guidance on the employment of and job assignments to persons with disabilities, working conditions, such as working apparatus and working facilities, and other technical matters concerning employment management of persons with disabilities for business owners who employ or intend to employ persons with disabilities.

Article 11 (Support to Business Owners Who Employ Persons with Disabilities) (1) If necessary, the Mayor may formulate and execute the following supporting plans for business owners who employ or intend to employ persons with disabilities: <Amended by Ordinance No. 5729, Jul. 17, 2014; Ordinance No. 6016, Oct. 8, 2015; Ordinance No. 6725, Jan. 4,2018>
1. Expenses for the installation a workplace, expenses incurred in strengthening functions, operating expenses, etc. due to the promotion of employment and vocational rehabilitation of persons with disabilities;
2. Provision of funds for the promotion of small and medium enterprises under the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Small and Medium Business Support Fund;
3. Providing services for the provision of various funds provided by the Government;
4. Preferential purchase of goods produced by the relevant workplace;
5. Supporting a person who establishes and operates or intends to establish an enterprise owned or operated by a person with disabilities under Article 2 (2) of the Act on the Facilitation of Entrepreneurial Activities of Persons with Disabilities;
6. Surveys, research, public relations and the holding of various contests for the promotion of employment of persons with disabilities;
7. Other programs the Mayor deems necessary for the promotion of employment and vocational rehabilitation for persons with disabilities.
(2) When the Mayor promotes programs referred to in paragraph (1), he/she may provide favorable treatment for business owners deemed excellent for promoting employment and vocational rehabilitation for persons with severe disabilities and women with disabilities. <Amended by Ordinance No. 6725, Jan. 4,2018>
(3) Where the Mayor deems it necessary in order to promote programs referred to in paragraph (1), he/she may provide subsidies within the budget. <Amended by Ordinance No. 6725, Jan. 4,2018>
(4) Where the Mayor provides subsidies referred to in paragraph (3), if a business owner receives subsidies for similar purpose from other agencies, such as the State, he/she shall not pay the amount equivalent thereto.

Article 12 (Requesting Related Institutions to Provide Cooperation) (1) Where necessary to promote programs for the promotion of employment and vocational rehabilitation for persons with disabilities, the Mayor may request related institutions and enterprises to provide cooperation, such as the submission of data.
(2) Where necessary to promote programs for the promotion of employment and vocational rehabilitation for persons with disabilities, the Mayor may enter into an agreement, etc. for mutual cooperation with related institutions and enterprises.

Article 13 (Enforcement Rule) Matters necessary for the enforcement of this Decree shall be provided by rule.