BUSAN METROPOLITAN CITY ORDINANCE ON SUPPORT FOR DEINSTITUTIONALIZATION AND SELF-RELIANCE OF PERSONS WITH DISABILITIES
Amended by Ordinance No. 6050, Jan. 1, 2020
- Article 1 (Purpose)
- The purpose of this Ordinance is to promote a decent life for and to promote the rights of persons with disabilities and to ensure that they live as members of the local community by prescribing matters necessary to support thedeinstitutionalization and self-reliance of persons with disabilities.
- Article 2 (Definitions)
- The terms used in this Ordinance are defined as follows:
- 1. The term "person with disabilities" means a person defined in Article 2 of the Act on Welfare of Persons with Disabilities;
- 2. The term "self-reliance" means that persons with severe disabilities live their lives independently in the local community by choosing and deciding matters on their own;
- 3. The term "activity support allowance" means a service defined in subparagraph 2 of Article 2 of the Act on Activity Assistant Services for Persons with Disabilities;
- 4. The term "self-reliance experience home" means a temporary residential space-like home, which is provided for persons with severe disabilities who are in need of self-reliance in order to enable them to enhance their capabilities and experience self-reliance;
- 5. The term "self-reliance house" means a residential space to enable deinstitutionalized persons with disabilities to lead a self-reliant life in the local community by linking and providing resources for daily life;
- 6. The term "deinstitutionalization" means that a person who uses or applies for using residential homes for persons with disabilities under Article 58 (1) 1 of the Act on Welfare of Persons with Disabilities (hereinafter referred to as the "Act") has been released from such residential homes and leads a self-reliant life in a self-reliance house, etc.
- Article 3 (Responsibilities)
- Busan Metropolitan City (hereinafter referred to as the "City") shall develop welfare policies and fund-raising plans necessary to support the deinstitutionalization and self-reliance of persons with disabilities and shall promote policies to support self-reliance according to the type of disability.
- Article 4 (Relationship to Other Statutes and Regulations)
- Except as otherwise provided in statutes and regulations or other ordinances of the City, this Ordinance shall apply to the support for the deinstitutionalization and self-reliance of persons with disabilities.
- Article 5 (Formulation and Implementation of Master Plans)
- (1) The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") shall formulate and implement a master plan to support for the deinstitutionalization and self-reliance of persons with disabilities (hereinafter referred to as "master plan") every five years.
- (2) A master plan shall include the following:
- 1. The objectives of and direction-setting for the master plan;
- 2. Matters regarding the development of policies to support the deinstitutionalization and self-reliance of persons with disabilities;
- 3. Matters regarding support prescribed in Articles 8 through 11;
- 4. Matters regarding the assistance for support centers for self-reliance for persons with disabilitiesunder Article 12;
- 5. Matters regarding the establishment and operation of the Support Group for Deinstitutionalization and Residential Transfer of Persons with Disabilities under Article 13-2;
- 6. Fund-raising plans to support the deinstitutionalization and self-reliance of persons with disabilities;
- 7. Other matters necessary to support the deinstitutionalization and self-reliance of persons with disabilities.
- (3) A master plan shall be deliberated upon by the Busan Metropolitan City Committee for Welfare of Persons with Disabilities under the Busan Metropolitan City Ordinance on the Committee for Welfare of Persons with Disabilities.
- Article 6 (Formulation and Implementation of Implementation Plans)
- Every year, the Mayor shall formulate and implement an implementation plan to support the deinstitutionalization and self-reliance of persons with disabilities as per a master plan implemented according to Article 5.
- Article 7 (Fact-Finding Surveys)
- (1) The Mayor may conduct a fact-finding survey of the deinstitutionalization and self-reliance of persons with disabilities every three years to efficiently formulate and promote a master plan under Article 5 and an implementation plan under Article 6.
- (2) A fact-finding survey under paragraph (1) may be included in a fact-finding survey of persons with disabilities under Article 31 of the Act and Article 18 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities.
- Article 8 (Support for Deinstitutionalization and Self-Reliance)
- The Mayor may provide support for following matters necessary for the deinstitutionalization and self-reliance of persons with disabilities within budgetary limits:
- 1. Activity support allowances necessary for daily life or social life;
- 2. Improvement of the environment and assistance in mobility to guarantee the right to access;
- 3. Counseling for psychological and emotional stability and counseling among fellow persons with disabilities under Article 56 of the Act (hereinafter referred to as "counseling among fellow persons with disabilities");
- 4. Education and training necessary for deinstitutionalization and self-reliance;
- 5. Education and job seeking for persons with disabilities who are seeking employment;
- 6. Rehabilitation devices necessary for daily life;
- 7. Childbirth and childcare for women with disabilities;
- 8. Self-reliance experience homes and self-reliance houses;
- 9. Self-reliance grants, etc. for deinstitutionalization of persons with disabilities;
- 10. Other matters necessary to support for the deinstitutionalization and self-reliance of persons with disabilities.
- Article 9 (Support for Residential Life)
- (1) The Mayor may support persons with disabilities byallotting or renting public rental housing units in order to ensure the deinstitutionalization and self-reliance of persons with disabilities.
- (2) The Mayor may support persons with disabilities preferentially regarding funds for purchasing, funds for borrowing, or costs for repairing such housing units within the budget in accordance with relevant statutes and regulations.
- Article 10 (Persons Subject to Preferential Support)
- Where support is provided pursuant to Article 8 or 9, the Mayor shall give preferential support to persons with disabilities who are recipients, or the second-lowest income bracket, as defined in the National Basic Living Security Act.
- Article 11 (Additional Support for Activity Support Allowances)
- The Mayor may provide additional activity support allowances for persons with severe disabilities for whom it is very difficult to lead a daily life due to the severity of the disability or other reasons, within budgetary limits.
- Article 12 (Assistance for Support Centers for Self-Reliance for Persons with Disabilities)
- (1) The Mayor may provide various support services necessary to realize the self-reliance of persons with disabilities through a support center for self-reliance for persons with disabilities (hereinafter referred to as the "center") under Article 54 of the Act .
- (2) The center may perform the following functions:
- 1. Protection of the rights and interests of persons with disabilities;
- 2. Support for individual self-reliance of persons with disabilities;
- 3. Linking resources and services in the local community for the self-reliance of persons with disabilities;
- 4. Provision of counseling among fellow persons with disabilities and relevant services under Article 56 of the Act for the self-reliance of persons with disabilities;
- 5. Support for self-reliance for the deinstitutionalization of persons with disabilities;
- 6. Other projects necessary for the self-reliance of persons with disabilities.
- (3) Where the center supports the self-reliance of persons with disabilities under paragraph (1), the Mayor may subsidize the projects of the center within budgetary limits.
- Article 13 (Operating Standards for the Center)
- The operating standards prescribed in Article 39-2 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities shall apply to decision-making, provision of services, operation, etc. of the center referred to in Article 12.
- Article 13-2 (Establishment and Operation of Support Group for Deinstitutionalization and Residential Transfer of Persons with Disabilities)
- (1) The Mayor shall establish and operate the Busan Metropolitan City Support Group for Deinstitutionalization and Residential Transfer of Persons with Disabilities in order to perform the following functions:
- 1. Providing general supervision over support necessary for the deinstitutionalization of persons with disabilities, such as preparation for deinstitutionalization, transfer, settlement, and maintenance;
- 2. Monitoring and consulting the status of the implementation of deinstitutionalization from residential homes for persons with disabilities;
- 3. Providing counseling and education and operating short-term experience programs for the deinstitutionalization of persons with disabilities;
- 4. Conducting a complete enumeration of the needs relating to the deinstitutionalization and self-reliance of persons with disabilities;
- 5. Formulating and implementing an individual plan for self-reliance for deinstitutionalized persons with disabilities;
- 6. Promoting to improve the awareness of the local society as to the deinstitutionalization of persons with disabilities;
- 7. Other projects necessary to promote policies for the deinstitutionalization of persons with disabilities.
- (2) The Mayor may entrust the management and operation of the Busan Metropolitan City Support Group for Deinstitutionalization and Residential Transfer for Persons with Disabilities as established under paragraph (1) to public corporations or public agencies established by the City pursuant to the Local Public Enterprises Act, to City-invested or City-funded institutions under Article 2 of the Busan Metropolitan City Ordinance on the Operation of Institutions Invested or Funded by Busan Metropolitan City, or to other relevant corporations or organizations.
- Article 14 (Evaluation)
- The Mayor shall regularly conduct an evaluation of facilities and projects provided with support pursuant to this Ordinance and may reflect the results of the evaluation when it comes to supporting projects for the following year.
- Article 15 (Application Mutatis Mutandis)
- Except as provided in this Ordinance, the Busan Metropolitan City Ordinance on the Management of Local Subsidies shall apply mutatis mutandis to expenses incurred in support for the deinstitutionalization and self-reliance of persons with disabilities.
- ADDENDUM <Ordinance No. 6050, Jan. 1, 2020>
- This Ordinance shall enter into force on the date of its promulgation.
