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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DEINSTITUTIONALISATION AND SETTLEMENT SUPPORT FOR PERSONS WITH DISABILITIES

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON DEINSTITUTIONALISATION AND SETTLEMENT SUPPORT FOR PERSONS WITH DISABILITIES

Article 1 (Purpose) The purpose of this Ordinance is to prescribe necessary measures for disabled persons who have left residential facilities to live independently in a local community as independent people and achieve full social integration.

Article 2 (Definitions) The terms used in this Ordinance are defined as follows:
1. The term "persons with disabilities" refers to persons with disabilities as prescribed in Article 2 of the Act on Welfare of Persons with Disabilities;
2. The term “residential facility for persons with disabilities” refers to the facilities as prescribed in subparagraph 1 (a), (b) in Table 4 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities;
3. The term "deinstitutionalisation of persons with disabilities" (hereinafter referred to as "deinstitutionalisation") refers to disabled persons who have lived in residential facilities living autonomously in the local community according to his or her own will.
4. The term "supportive housing for persons with disabilities" (hereinafter referred to as "supportive housing") refers to housing as prescribed in subparagraph 1 of Article 2 of the Seoul Metropolitan Government Ordinance on Supply and Management of Supportive Housing.
5. The term “independent residential housing for persons with disabilities" (hereinafter referred to as "independent residential housing") refers to a house as prescribed in subparagraph 5 of Article 2 of the Seoul Metropolitan Government Ordinance on Support for Independent Living of Persons with Disabilities.
6. The term “residential facility conversion” refers to the conversion of a Seoul Metropolitan Government-supported residential facility for persons with disabilities into an institution that provides residential support, community integration, and social services for persons with disabilities that are deinstitutionalized.




Article 3 (Persons Eligible for Support) The Ordinance applies to persons with disabilities who are living in a residential facility under the jurisdiction of the Seoul Metropolitan Government or have been discharged from a residential facility.




Article 4 (Basic Principles) (1) Policies shall be devised and implemented from the perspective of persons with disabilities to enable them to live independently in the local community.
(2) The protection of the human rights of persons with disabilities in the local community shall be the utmost priority, and sufficient public resources for deinstitutionalisation and settlement in the local community shall be supported.
(3) Persons with disabilities shall participate in all processes for integration in the local community and make their own decisions.




Article 5 (Duties of the Mayor) The Mayor of Seoul Metropolitan City (hereinafter referred to as the "Mayor") shall fulfill the following duties to integrate persons with disabilities into the community through deinstitutionalisation:
1. Securing and supporting necessary human and material resources;
2. Establishing and implementing a master plan for deinstitutionalisation policies;
3. Establishing of a close cooperation system with autonomous Gu and the private sector;
4. Other matters necessary for the implementation of deinstitutionalisation projects.




Article 6 (Master Plan) (1) The Mayor shall formulate a deinstitutionalisation master plan (hereinafter referred to as “master plan") every 5 years to effectively promote and support deinstitutionalisation policies.
(2) The master plan shall include the following:
1. Basic direction of policies;
2. Operation and support system;
3. Key performance standards and annual targets;
4. Securing and allocating necessary funds;
5. Other matters necessary for policy implementation.
(3) The Mayor shall develop an annual deinstitutionalisation implementation plan in accordance with the master plan.




Article 7 (Consultative Body) The mayor may organize a public-private consultative body to advise on deinstitutionalisation policies.




Article 8 (Project Scope) The Mayor may promote the following projects to support the deinstitutionalisation of persons with disabilities:
1. Management of supportive housing and independent residential housing;
2. Support for independent living for local community settlement;
3. Providing additional activity support services;
4. Providing jobs in the public sector to ensure income security;
5. Support for residential facility conversion;
6. Survey, research, and education related to deinstitutionalisation;
7. Other projects necessary for deinstitutionalisation.




Article 9 (Budget Support) (1) Within the limits of the budget, the Mayor may support all or part of the cost of carrying out deinstitutionalisation projects to autonomous Gus or non-governmental organizations that are carrying out the projects.
(2) Other than the matters prescribed in this Ordinance, matters necessary for the support and management of subsidies shall be in accordance with the Seoul Metropolitan Government Ordinance on Local Subsidy Management.




Article 10 (Enforcement Rule) Matters necessary for enforcing this Ordinance shall be prescribed by rule of the Seoul Government.




ADDENDUM <Ordinance No. 8438, Jul. 11, 2022>
This Ordinance shall enter into force on the date of its promulgation.