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SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON SUPPORT FOR THE SELF-RELIANCE OF PERSONS WITH DISABILITIES

SEOUL METROPOLITAN GOVERNMENT ENFORCEMENT RULE OF THE ORDINANCE ON SUPPORT FOR THE SELF-RELIANCE OF PERSONS WITH DISABILITIES

Article 1 (Purpose) The purpose of this Rule is to prescribe matters delegated by the Seoul Metropolitan Government Ordinance on Support for the Self-Reliance of Persons with Disabilities and matters necessary to enforce the Ordinance. <Amended on Oct. 10, 2019>


Article 2 (Support Plan for the Self-Reliance of Persons with Disabilities, etc.) (1) The support plan for the self-reliance of persons with disabilities under Article 5 of the Seoul Metropolitan Government Ordinance on Support for the Self-Reliance of Persons with Disabilities (hereinafter referred to as the Ordinance) shall be composed of the comprehensive plan for the self-reliance of persons with disabilities (hereinafter referred to as the Comprehensive Plan) and the annual enforcement plan for the self-reliance of persons with disabilities (hereinafter referred to as the Enforcement Plan). <Amended on Oct. 10, 2019>
(2) The Mayor of Seoul Metropolitan City (hereinafter referred to as the Mayor) shall formulate the Comprehensive Plan every five years and the Enforcement Plan every year on the basis of the Comprehensive Plan.
(3) The following shall be included in the Comprehensive Plan and the survey on the self-reliance of persons with disabilities (hereinafter referred to as the Survey) under Article 5 (1) of the Ordinance:
1. Comprehensive Plan:
(a) Analysis of the self-reliance of persons with severe disabilities;
(b) Seoul Metropolitan City (hereinafter referred to as the Seoul City) strategy and direction of the support project for the self-reliance of persons with disabilities;
(c) Scale and details of the Seoul City support project for the self-reliance of persons with disabilities;
(d) Matter concerning the education and training of fellow counselors of persons with disabilities;
(e) Matter concerning the installation and operation of the Seoul City support center for the self-reliance of persons with disabilities and support for housing for self-reliance;
(f) Matter concerning the financial management of support projects for the self-reliance of persons with disabilities;
(g) Matter concerning the organization and operation of the policy counsel for the self-reliance of persons with disabilities;
(h) Matter concerning the inspection and evaluation of the performance of the Comprehensive Plan; and
(i) Other matters necessary for the promotion and improvement of the self-reliance of persons with severe disabilities.
2. Survey:
(a) General characteristics of persons with severe disabilities;
(b) Residence;
(c) Income guarantee;
(d) Employment;
(e) Activity support service;
(f) Self-reliance support;
(g) Desire for the self-reliance of persons with disabilities in facilities or at home and women with disabilities; and
(h) Other matters necessary for the understanding of the self-reliance of persons with severe disabilities.
(4) The Mayor may request an external agency to conduct the survey under paragraph (3) above and may omit the survey under the Ordinance and this Rule, where it is possible to use the survey of persons with disabilities conducted by the Minister of Health and Welfare under Article 31 of the Act on Welfare of Persons with Disabilities.


Article 3 (Support of the Center) (1) Where the support center for the self-reliance of persons with disabilities (hereinafter referred to the Center) under Article 6 of the Ordinance falls under any of the following subparagraphs, the Mayor may provide, within a budgetary limit, the necessary operating expense and project cost: <Amended on Oct. 10, 2019; Dec. 31, 2020>
1. Center that is established and operated by the social welfare corporation registered under Article 16 of the Social Welfare Services Act: Provided, That the same shall not apply to the social welfare corporation that operates the residential homes for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities;
2. Center that is established and operated by the incorporated association or incorporated foundation registered under Article 32 of the Civil Act and Article 4 of the Rules for Establishment and Supervision of Nonprofit Corporation under Jurisdiction of the Ministry of Health and Welfare; or
3. Center that is established and operated by the organization registered under Article 32 of the Civil Act or Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act.
(2) The necessary expenses shall be provided under the following criteria:
1. Each autonomous Gu shall, in principle, provide support for 1 or more Centers.
2. Notwithstanding paragraph (1) above, the Mayor may adjust the number of Centers in light of the demand for support for the self-reliance of persons with disabilities, scope of budget, etc.
3. The support period of the Centers shall be 3 years.
(3) The subsidy shall, in principle, be provided through public subscription: Provided, That the findings of evaluation under Article 39-2 (2) of the Enforcement Rule of the Act on Welfare of Persons with Disabilities may be reflected in the following public subscription.


Article 4 (Sanctions against the Center) The Mayor may discontinue the provision of subsidy, where the Center subsidized falls under any of the followings:
1. Where the subsidy is received or accounted for improperly;
2. Where employee salaries are misused; or
3. Where illegal acts, such as violation of human rights of employees and users, and other wrongful acts are found.


Article 5 (Evaluation, Guidance, and Supervision of the Center) The Center whose expenses are subsidized under Article 3 shall accept the regular evaluation, constant guidance and supervision by the Seoul City, autonomous Gu, or other organization designated by the Seoul City. Furthermore, the evaluation shall be conducted more than once every three years in accordance with Article 27-2 of the Enforcement Rule of the Social Welfare Services Act.


Article 6 (Operating Committee) Detailed matters, such as organization, term of office and others relating to the Operating Committee under Article 8 of the Ordinance shall be governed by Article 36 of the Social Welfare Services Act and the criteria determined by the Minister of Health and Welfare.


Article 7 (Education on Human Rights and Self-Reliance of Persons with Disabilities) The following shall be included in the education on human rights and self-reliance of persons with disabilities for employees of residential homes for persons with disabilities and the persons with disabilities who reside in such residential homes under Article 14 of the Ordinance: <Amended on Dec. 31, 2020>
1. The Act on the Prohibition of Discrimination against Persons with Disabilities and Remedy against Infringement of their Rights; international treaties and common law on the human rights of persons with disabilities; UN Declaration on the Rights of Disabled Persons, etc.;
2. Cases of discrimination and violation of human right against persons with disabilities;
3. Procedures for reporting, mediation, remedy, etc. against the discrimination against persons with disabilities and violation of human rights;
4. Education essential for the self-reliance of persons with disabilities, such as technical training for the self-reliance of persons with disabilities, participation in local community activities, and occupational activities; and
5. Other matters necessary for the human rights and self-reliance of persons with disabilities.


Article 8 (Housing Support, etc.) Housing support (provision of rental house deposit) and housing renovation under Article 17 of the Ordinance shall be provided at the request of persons with disabilities. The support shall be provided for the following: <Amended on Oct. 10, 2019>
1. Housing support (provision of rental house deposit): Household that satisfies all of the following requirements:
(a) Where a householder is a person with severe disability under Attached Table 1 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities;
(b) Household of persons with disabilities that fall under the eligible recipient and the second-lowest income bracket under the National Basic Living Security Act; and
(c) Household of persons with disabilities that reside on monthly rent, when applying for the rental house.
2. Support for housing renovation: Persons with disabilities that satisfy all of the following requirements:
(a) Person with severe disability under Attached Table 1 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities;
(b) Person who falls under the eligible recipient and the second-lowest income bracket under the National Basic Living Security Act;
(c) Where it is urgent to renovate housing due to restrictions on activity caused by disability; and
(d) If an owner of housing is different from an applicant, where the owner allows the renovation.


Article 9 (Detailed Provision) Matters required to enforce this Rule may be prescribed separately by the Mayor.


Addendum (Comprehensive Reorganization Rules for Upper Statutes and Ordinances of the Seoul Metropolitan Government Rules) <No. 4381, Dec. 31, 2020>
This Rule shall enter into force on the date of its promulgation;