Persons With Disability Protection Law of the Democratic People’s Republic of Korea (2013)
AGLC4 | 장애자보호법 2013 [Persons With Disability Protection Law of the Democratic People's Republic of Korea (2013)] [tr Daye Gang].
Bluebook | Jangaejabohobeob 2013 [Persons With Disability Protection Law of the Democratic People's Republic of Korea (2013)] translated in Law and North Korea by Daye Gang, https://www.lawandnorthkorea.com/.
Adopted on June 18, Juche 92 (2003), as Directive No. 3835 of the Presidium of the Supreme People’s Assembly
CHAPTER I. BASICS OF PERSON WITH DISABILITY PROTECTION LAW
Article 1 (Objectives of Persons with Disability Protection Law)
The Persons With Disability Protection Law of the Democratic People’s Republic of Korea shall strictly adopt systems and order in protecting persons with disability to guarantee the rights and interests of persons with disability in all fields of social life, and must serve to sufficiently arrange stable and profitable living environments and conditions for them.
Article 2 (Definition of persons with disability, principle of guaranteeing the rights of persons with disability)
Persons with disability are citizens who have been caused interference in participating independently in social life because of long-term bodily defects and the causes of the surrounding environment. Disabilities include vision disability, hearing disability, language disability, physical disability, intellectual disability, mental disability, and multiple disabilities. The State shall respect the character of persons with disability, and must assure their social and political rights, freedoms, and interests in the same way as healthy people.
Article 3 (Principle of investment in the persons with disability protection sector)
Protecting persons with disability is the consistent policy of the Democratic People’s Republic of Korea. The State shall systematically increase investment in the persons with disability protection sector to strengthen their material and technical foundations, and must ceaselessly improve the living environment and conditions of persons with disability.
Article 4 (Principle of preventing occurrence of disability)
Preventing the occurrence and deterioration of disability is a compulsory requirement to assure the stable standard of life of the people. The State shall detect and treat illnesses that are the causes of disability in time, and must prevent the occurrence of disabilities that are caused by different kinds of accidents and causes.
Article 5 (Investigation of the state of persons with disability and the principle of evaluating degrees of disability)
The State shall regularly investigate the true state of persons with disability, must correctly evaluate their degree of disability, and must correctly decide those standards. The work of determining evaluation standards for the degree of disability shall be done by the Cabinet.
Article 6 (Principle of cooperation for person with disability)
The State shall strengthen education work among people so that they have refined love for other humans, treat people with disability kindly and without discrimination, and must actively help them.
Article 7 (Principle of preferences for persons with disability)
The State shall societally preference and put forward soldiers disabled on duty who have been devoted to the nation and the people, and persons with disability who have rendered distinguished service to the building of socialism.
Article 8 (Exchange and cooperation in the field of protecting persons with disability)
The State shall strengthen exchange and cooperation with other countries, international organizations, and overseas Koreans’ organizations in the field of protecting persons with disability.
CHAPTER II. REHABILITATIVE TREATMENT OF PERSONS WITH DISABILITY
Article 9 (Basic requirements of rehabilitative treatment of persons with disability)
The rehabilitative treatment of persons with disability is important work to eliminate impaired functioning of persons with disability. Medical institutions and authorities concerned shall form treatment organizations for persons with disability, and ensure that they are smoothly assured the benefits of universal free medical service.
Article 10 (Command and registration over persons with disability)
Medical institutions and authorities concerned must regularly investigate and command persons with disability in their jurisdictional area without exception, and must register them by category of disability. The registration materials of persons with disability who have moved domicile must be sent to the authorities concerned in the jurisdictional area.
Article 11 (Organization of rehabilitative treatment and research institutions for persons with disability)
Specialist or comprehensive rehabilitative treatment and research institutions for persons with disability shall be organized in the required areas for the rehabilitative treatment of persons with disability. Rehabilitative treatment and research institutions for persons with disability shall conduct investigation and research activities related to specialist rehabilitative treatment for persons with disability, together with the causes and occurrence of disabilities. The work of organizing rehabilitative treatment and research institutions for persons with disability shall be done by the relevant organization forming institution.
Article 12 (Rehabilitative treatment of persons with disability by medical workers)
Rehabilitative treatment for persons with disability shall be done by the relevant treatment institution. However, rehabilitative treatment of persons with disability may also be done at institutions, enterprises, and organizations or in the family, with the assistance of medical workers.
Article 13 (Rehabilitative treatment methods for persons with disability)
Medical institutions and authorities concerned shall combine new medicine and traditional medicine in the rehabilitative treatment of persons with disability, shall also accept natural factors, shall research and develop modern rehabilitative treatment techniques, and must accept scientifically accepted treatment methods into clinical practice in time.
Article 14 (Production guarantee for aid equipment)
Public health guidance institutions and relevant institutions and enterprises shall adopt a production supply system for aid equipment required by persons with disability, such as corrective equipment, three-wheeled carts, glasses, hearing aids, and bicycles, in an orderly manner, and produce and supply them in a planned way to smoothly assure the demand for aid equipment from persons with disability in time. Aid equipment must be made so that it is designed to be convenient to use and is of good quality.
CHAPTER III. EDUCATION OF PERSONS WITH DISABILITY
Article 15 (Basic requirements of education of persons with disability)
Strengthening education for persons with disability is the foundational way to enable persons with disability to have plentiful knowledge and qualifications. The central education guidance institution and relevant authorities shall normally discover and command the true state of education for persons with disability, and shall ceaselessly improve the content and method of education to raise their general education level.
Article 16 (Childcare and education for persons with disability before school age)
Public health institutions and authorities concerned shall provide childcare and education to persons with disability before school age in creches, kindergartens, or specialist recovery and treatment institutions, so they can adjust to school life. Childcare and education expenses for persons with disability shall be borne by the State, institutions, enterprises, or organizations.
Article 17 (Guarantee of command, registration and school attendance of school-aged persons with disability)
Education institutions must command and register without exception persons with disability who have arrived at the age to be admitted to primary school. Relevant education institutions and parents or guardians of persons with disability must guarantee the school attendance of school-aged persons with disability, and must not do acts to except them from middle school general compulsory education.
Article 18 (Rights of persons with disability to receive higher education)
Persons with disability may be admitted to specialist schools or universities according to their preferences. In these cases, it shall be oriented to their abilities.
Article 19 (Organization and operation of special schools)
Special classes shall be created in general schools, or special schools such as schools for the blind, schools for the deaf, and intellectual development schools shall be organized and operated, according to the physical and mental nature and category of disability of the person with disability. Students in special classes and special schools shall be granted general scholarships. The work of organizing special classes shall be done by the education guidance institution, and the work of organizing special schools shall be done by the given equipment organization institution. Local political institutions and authorities concerned shall designate sponsorship organizations to special schools, and the designated sponsorship organization shall normally inquire into the state of the special schools, and must smoothly guarantee the required conditions for their operation.
Article 20 (Drafting of special school course plans)
Education guidance institutions and authorities concerned shall correctly draft special school course plans that are oriented to secondary common education and are directed to combining it with practical training education.
Article 21 (Publishing of special education teaching materials)
The education guidance institution and authorities concerned shall strengthen research work in braille and sign language, and must write and publish special education teaching materials. Relevant institutions, enterprises, and organizations shall guarantee the quality production of education equipment and facilities for special schools.
Article 22 (Organization and operation of job schools)
Education guidance institutions and authorities concerned may organize and operate things like training centers for masseurs, computer typists, graphic designers, and design clerks, and job schools, by taking into consideration the level of education, age, and degree of disability of the persons with disability.
Article 23 (Development of braille and sign language)
Education institutions and authorities concerned shall develop braille and sign language in a standardized way, and must actively develop and use braille books and electronic media for persons with disability. The manager of facilities normally used by persons with disability must know simple braille and sign language.
CHAPTER IV. CULTURAL LIFE OF PERSONS WITH DISABILITY
Article 24 (Basic requirements of cultural lives of persons with disability)
The cultural lives of persons with disability is important work so that persons with disability can enjoy cultural and aesthetic standards as much as they like. Sport guidance institutions, cultural guidance institutions, and authorities concerned must organize and conduct the sport, cultural, and entertainment activities of persons with disability in a planned way.
Article 25 (Organization of sport activities for persons with disability)
Sports guidance institutions and authorities concerned shall select categories of sport profitable to the health of persons with disability, and must encourage their sport activities. Persons with disability sport associations shall be created in the centre and in regions, to guide and develop sport work for persons with disability in a standardized way, and shall normally operate them.
Article 26 (Organization of cultural and aesthetic standards with person with disability)
Cultural guidance institutions and authorities concerned shall diversely organize cultural and aesthetic standards for persons with disability, and must smoothly assure the cultural equipment required for it. Persons with disability artistic associations shall be created in the centre and regions to guide and develop the cultural and aesthetic standards of persons with disability in a standardized way, and shall normally operate them.
Article 27 (Sport and cultural and aesthetic standards bases for persons with disability)
Relevant institutions must manage sport and cultural and aesthetic standards bases for persons with disability in the required area in a modern way, must smoothly keep the required facilities, and must ensure that persons with disability can use the sport and cultural and aesthetic standards base without restriction.
Article 28 (Introduction of good customs of persons with disability)
Publishing and reporting institutions must introduce in time creative standards of life and beautiful deeds being elevated within persons with disability.
Article 29 (Editing and publishing publications for persons with disability)
Publishing and reporting institutions must edit and publish publications for persons with disability. The expenses required for editing and publishing publication shall be borne using State expenses.
CHAPTER V. LABOUR OF PERSONS WITH DISABILITY
Article 30 (Basic requirements of labour of persons with disability)
Correctly organizing labour of persons with disability is an important requirement so that they can have pride as members of society so they can actively participate in labour for society and groups. Labour administration institutions and authorities concerned shall command persons with disability who have labour capacity, and must smoothly guarantee working conditions for them.
Article 31 (Organization of specialist enterprises and organizations for persons with disability)
Specialist enterprises and organizations for persons with disability may be organized by area to guarantee the working conditions of persons with disability. The work of organizing specialist enterprises and organizations for persons with disability shall be done by the relevant equipment organization institution.
Article 32 (Placement of persons with disability)
In cases of placing persons with disability, institutions, enterprises and organizations shall take into consideration their degree of disability, gender, age, and constitution and place them in the right place. In these cases, they must sufficiently listen to the opinion of the person with disability.
Article 33 (Guarantee of conditions for production of specialist enterprises and organizations for persons with disability)
Specialist enterprises and organizations for persons with disability shall guarantee preferential conditions for economic activities, and the authorities concerned must smoothly guarantee the production of specialist enterprises and organizations for persons with disability, and the conditions for realizing those produced goods.
Article 34 (Guarantee of conditions for labour protection for persons with disability)
Institutions, enterprises, and organizations must have sufficient labour protection conditions for persons with disability. Persons with disability may not be put to labour without having the required labour protection conditions.
Article 35 (Working age for persons with disability)
The working age of persons with disability is from 16 years. A person with disability of less than 16 years may not be put to labour.
Article 36 (Working hours of persons with disability)
The daily working hours of persons with disability shall be 8 hours. The daily labour time period of workers who have a severe degree of disability, and of female workers who have more than 2 children with disability, can be less than 8 hours. In these cases, assistance that follows the measures of the State shall be received.
Article 37 (Guarantee of rest of persons with disability)
Persons with disability participating in labour shall be guaranteed sufficient rest. Institutions, enterprises, and organizations shall correctly organize labour and rest for persons with disability, and must preferentially guarantee recuperation, rest, and recovery.
Article 38 (Adherence to labour regulations for persons with disability)
Persons with disability participating in labour must willingly abide by labour regulations, must frugally manage equipment and facilities they have taken responsibility for, and must responsibly do the work given to them.
Article 39 (Commendations for persons with disability)
The State shall confer decorations, medals, and titles of honour to persons of disability who have done meritorious deeds.
Article 40 (Payment of subsidies to persons with disability who have lost labour capacity)
The State shall give subsidies to persons with disability who have completely lost labour capacity.
Article 41 (Guarantee of standard of life in community homes and nursing homes for persons with disability)
The State shall guarantee a stable standard of life to persons with disability who have completely lost labour capacity in a community home or nursing home according to their wishes.
CHAPTER VI. GUIDANCE AND CONTROL FOR PERSON WITH DISABILITY PROTECTION WORK
Article 42 (Basic requirements of guidance and control for persons with disability protection work)
Strengthening guidance and control for persons with disability protection work is a fundamental guarantee to thoroughly implement the persons with disability protection policy of the State. The State shall strengthen guidance, supervision and control work for persons with disability protection, in conformity with the requirements of actual development.
Article 43 (Guidance for persons with disability protection work)
Guidance for persons with disability protection work shall be done by the central public health guidance institution and given central bodies under the standardized guidance of the Cabinet. The central public health guidance institution and given central bodies shall correctly adopt a guidance system for persons with disability protection work, and must normally command and guide persons with disability protection work.
Article 44 (Duties of local guidance institutions)
local political institutions과 authorities concerned은 jurisdictional area의 persons with disability protection worktrue state를 normally discovery하고 improvetake measures여 야 한다.
Article 45 (Organization of persons with disability protection committee)
The State shall consult on persons with disability protection work in a planned way, and must have a non-standing persons with disability protection committee to implement it in a standardized way. The practical affairs of the person with disability protection committee shall be done by the League for Persons with Disability.
Article 46 (Guarantee of conditions for persons with disability protection work)
State planning institutions, labour administration institutions, resources supply institutions, public health institutions, and financial banking institutions shall assure labor, facilities, resources, medicine and medical supplies, medical equipment, and funds required for persons with disability protection work in time.
Article 47 (Guarantee of living environments of persons with disability)
In cases where the State construction supervision institution, design institution, municipal administration institution, and relevant institutions, enterprises, and organizations design or construct public buildings and facilities, including homes, they must do it from the principle of assuring comfortable living environments to the persons with disability.
Article 48 (Guarantee of convenience to persons with disability)
Traffic conveyance institutions, community service institutions, and communications institutions shall guarantee convenience in the use of transportation means, amenities, communication means by persons with disability, shall treat them kindly, and must work preferentially for them. Persons with disability who have gravely restricted or lost independent ability, such as a blind person, may use passenger transportation methods including buses and ships, for free.
Article 49 (Day of Persons with Disability)
The State shall determine a “Day of Persons with Disability” to better protect and support persons with disability in society. The work of determining the “Day of Persons with Disability” shall be done by the Cabinet.
Article 50 (Duty of guardianship for persons with disability)
The guardian of a person with disability may be his or her spouse, parent, children, grandparent, grandchild, or sibling. In cases where there is no guardian as pointed out in the foregoing paragraph, or there is a dispute in the selection of a guardian, the resident administration institution shall determine a guardian. A guardian shall have a foundation in raising the recovery from disability and independent ability of a person with disability, and must responsibly fulfil their duty of guardianship. Supervision for the fulfilment of duty of guardianship shall be done by the relevant resident administration institution.
Article 51 (Scientific research and training of technical experts in the persons with disability protection sector)
Relevant scientific research institutions and education institutions shall strongly manage a persons with disability protection research base, must strengthen scientific research to resolve scientific and technical issues arising in persons with disability protection, and must systematically train required technical experts and professionals, including doctors and teachers.
Article 52 (Establishment of persons with disability sponsorship fund)
Persons with disability protection institutions many create and operate a persons with disability sponsorship fund to assure required funds for improving the living environment and conditions of persons with disability. A persons with disability sponsorship fund shall be accumulated by the funds collected by the persons with disability protection institutions, and things such as cooperation funds, charitable funds, and supplies created by international organizations, charitable organizations, and overseas Koreans.
Article 53 (Supervision and control over persons with disability protection work)
Supervision and control work for persons with disability protection work shall be done by the given central bodies and the supervision and control institution. The given central bodies and the supervision and control institution must strictly supervise and control persons with disability protection work.
Article 54 (Restoration, damage compensation)
In cases where persons with disability protection facilities or equipment have been damaged or lost, they shall be restored, or the relevant damage shall be compensated.
Article 55 (Administrative or criminal responsibility)
Responsible workers of institutions, enterprises and organizations and individual citizens who have caused grave consequences to persons with disability protection work by violating this law shall have administrative or criminal responsibility imposed depending on the gravity.
Last updated 22 December 2020
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