THE LAW OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA ON THE PROTECTION OF THE PERSON WITH DISABILITY



Adopted by the Decree of the Presidium of the Supreme People's
Assembly on June 18, Juche 92 (2003)

CHAPTER 1 FOUNDATION OF THE LAW ON THE PROTECTION
OF THE PERSON WITH DISABILITY

Article 1 (Mission of the Law on the Protection of the Disabled)
The Law of the DPR Korea on the Protection of the Person with Disability facilitates the provision of more favorable living conditions and environments to the person with disability by establishing strict system and order in the field related to them like rehabilitation, education, cultural life and labour.

Article 2 (Principle for ensure of the personality and rights of the disabled)
The person with disability is a citizen who suffers severe impediment to lead a normal life for a long time by the limitation or loss of any physical and mental function.
The state respects the personality of the person with disability and shall provide the same socio-political right, freedom and interest to the person with disability as the healthy citizen.

Article 3 (principle for investment in the field of protection of the disabled)
It is the consistent policy of the Democratic People's Republic of Korea to protect the person with disability.
The state shall systematically increase the investments in the field of the protection of the person with disability in order to modernize the material and technical means.

Article 4 (Principle for prevention of disability)
The prevention of occurrence and worseness of the disability is an indispensable need to guarantee the stable life of the people.
The state shall promptly disclose and cure the diseases causing the disability and prevent the occurrence of disability caused by the reasons like traffic and labour accidents.


Article 5 (Principle for survey of the disabled and assessment of degree of disability)
The state shall periodically perform survey on the actual conditions of the person with disability and precisely evaluate the degree of disability and properly define its criteria.
The cabinet shall define the criteria of the degree of disability.

Article 6 (Principle for assistance for the disabled)
The state shall strengthen the education on disability among the people to inspire them to kindly treat and deliver aids actively to the person with disability in noble conscience and obligation.

Article 7 (Principle for preferential treatment of the disabled)
The state shall promote the society to preferentially treat the person with disability like the disabled soldier who devoted himself/herself to the fatherland and people.

Article 8 (Principle for cooperation and exchange in the field of protection of the disabled)
The state shall strengthen cooperation and exchange with international organizations and national associations in the field of the person with disability.

CHAPTER 2   REHABILITATION OF THE PERSON WITH DISABILITY

Article 9 (Basic requirement of medical rehabilitation of the disabled)
The rehabilitation of the person with disability is an important affair to recover physical function of the person with disability.
The medical institutions and agencies concerned shall work scrupulously on the medical treatment of the person with disability and ensure that he/she fully enjoys the benefits of universal free medical care of the state.

Article 10 (Grasp and registration of the disabled)
The medical institutions and agencies concerned shall find out all the persons with disabilities in each jurisdiction area and register them according to the kinds of their disabilities.
Once the person with disability moves his/her residence, his/her register data shall be handed over to the institution concerned in that area.

Article 11 (Setup of units for medical treatment for the disabled)
The state shall organize the specialized or general rehabilitation institutions in areas necessary for the rehabilitation of the person with disability.
The body in charge of organizing institutions shall bear the responsibility for their organization.

Article 12 (Medical treatment by medical workers for the disabled)
The rehabilitation service for the person with disability shall be provided to him/her through the medical institution concerned.
However, it shall also be carried out in the institution, enterprise, unit or village and family with the help of a medical official.

Article 13 (Methods of medical treatment for the disabled)
In the rehabilitation of the person with disability the medical institution and agency concerned shall combine the Koryo medicine with modern medicine while mobilizing the natural elements, and conduct researches of modern rehabilitation therapeutics and introduce promptly into clinical practice the rehabilitation methods which are recognized scientifically.

Article 14 (Production and supply of assistive devices)
The guiding body of public health and the institution and enterprise concerned shall produce and provide systematically the assistive devices like prostheses, tricycles, glasses and hearing aids.
The assistive devices shall be made in high quality and for convenient use.

CHAPTER 3    EDUCATION OF THE PERSON WITH DISABILITY

Article 15 (Basic requirement of education for the disabled)
To strengthen the education of the person with disability is the main way to enable him/her to acquire abundant knowledge and qualification.
The central guiding body of education and institutions concerned shall constantly grasp the situation of the education of the person with disability and continuously improve the contents and methods of education.

Article 16 (Nursing and upbringing of the children with disabilities under school age)
The medical institutions and agencies concerned shall direct the primary concern to bringing up and education of the person with disability under pre-school age who can adapt himself/herself of school life in nursery, kindergarten or special rehabilitation institution.
The costs of looking after and educating the person with disability shall be borne by the state, institutions, enterprises and units concerned.

Article 17 (Grasp and registration of the children with disabilities of school age)
Educational institutions shall disclose and register the person with disability who is aged to enter a primary school.
Any exclusion of the person with disability from the general secondary compulsory education shall not be permitted.

Article 18 (Right of the disabled for higher education)
The person with disability can enter the specialized school and college according to his/her wish.
In this case his/her ability shall be the first consideration in the admission.

Article 19 (Setup and keeping of the special schools)
According to physical and mental characteristics and the type of disability of the person with disability, special class can be organized in a normal school and the special schools for the blind and the deaf and the school for mental cultivation be set up.
The guiding body of education shall organize the special classes and the body organizing institutions shall set up the special schools.

Article 20 (Drawing up of curriculum of special schools)
The educational institutions and the local authorities concerned shall properly make up the curriculum of the special schools.
The special education of the person with disability shall be given in compliance with actual conditions.

Article 21 (Publication of textbooks for special education)
The guiding body of education and agencies concerned shall strengthen the research of Braille and sign language and compose and publish the teaching materials for special education.
The institutions, enterprises and units concerned shall produce and provide the educational instruments and facilities in good quality.

Article 22 (Setup and keeping vocational education units)
The guiding body of education and institutions concerned may organize and operate training and vocational schools for massager, computer typewriter, artist and designer in consideration of his/her educational career, age and the degree of disability.

Article 23 (Development of Braille and sign language)
The educational institutions and agencies concerned shall develop the Braille and sign language in a unified way.
The staff of the facilities which the person with disability uses normally shall learn the elementary Braille and sign language.

CHAPTER 4   CULTURAL LIFE OF THE PERSON WITH DISABILITY

Article 24 (Basic requirement of cultural life of the disabled)
The provision of cultural life to the person with disability is an important affair to make him/her heart's content.
The guiding bodies of sports and culture and the institutions concerned shall organize and implement activities of sports, culture and recreation in a planned way.

Article 25 (Selection of the athletic items for the disabled)
The sports guiding body and institutions concerned shall select and popularize the kinds of sports suitable to the health of the person with disability.
The sports activities shall be organized to help the person with disability increase his/her ability of independent activity.

Article 26 (Arrangement of cultural and emotional life of the disabled)
The cultural guiding body and institutions concerned shall organize various cultural and emotional activities of the person with disability.

Article 27 (Base for cultural and emotional life of the disabled)
The institutions concerned shall establish asylums contributing to the emotional life of the person with disability.
The asylums shall be provided with necessary equipments and facilities.

Article 28 (Publicity of the kind virtues displayed by the disabled)
The mass media and publishing organs shall promptly give publicity to the creative life and noble deeds displayed among the person with disability.

Article 29 (Edition and press of the publication for the disabled)
The mass media and publishing organs shall edit and issue publications for the person with disability.
The state will cover the costs of the publications.

CHAPTER 5   LABOUR OF THE PERSON WITH DISABILITY

Article 30 (Basic requirement of the labour of the disabled)
The appropriate organization of labour for the person with disability is the main requirement to disability is the main requirement to encourage him/her to actively participate in labour for the society and collective with pride as a social member.
The labour administrative organs and institutions concerned shall register the person with disability qualified to work.

Article 31 (Organization of the work stations and units of the disabled)
The specialized enterprises and units shall be set up in necessary areas in order to organize the labour of the person with disability.
The bodies organizing the institutions shall undertake the setting up of the institutions and units.

Article 32 (Appointment of the disabled)
The institutions, enterprises, and organizations shall assign the person with disability in the right place and job in compliance with his/her degree of disability as sex, age, and physical condition.
In this case his/her opinion shall be fully considered.

Article 33 (Provision of favourable conditions for production of the work stations and units of the disabled)
The institutions concerned shall help the specialized institutions and units for the person with disability to ensure the manufacture of products and their sale.

Article 34 (Provision of working conditions for the disabled)
The institutions, enterprises, and organizations shall fully provide labour conditions for the person with disability.
Without the provision of necessary conditions of labour, any kind of labour should not be allowed to the person with disability.

Article 35 (Working age of the disabled)
The labour age of the person with disability is from 16-year-old.
The employment of the person with disability under 16-year-old shall be prohibited.

Article 36 (Working hours of the disabled)
The labour hour of the person with disability is 8 hours a day.
The labour hour of the person with disability can be adjusted less than 8 hours a day in consideration of his/her disability degree.
In this case, he/she will benefit from the popular policy of the state.

Article 37 (Provision of rest for the disabled)
The person with disability who participates in labour shall be provided with sufficient conditions to rest.
The institutions, enterprises, and organizations shall appropriately combine the labour and refreshment of the person with disability and preferentially provided the perfect repose, recreation, and medical treatment.

Article 38 (Observance of laws on the labour of the disabled)
The person with disability who participates in labour shall willingly observe the labour regulations and handle properly the tools and equipments and carry out the assigned task with responsibility.

Article 39 (Awarding of the disabled)
The state shall award the order, medical and honorary title to the person with disability who performs a meritorious deed.

Article 40 (Payment of subsidy for the disabled lacking of working ability)
The state shall give a subsidy to the person with disability who lost the ability to work completely.

Article 41 (Provision of living at recuperation and/ir asylum house for the disabled)
The state shall provide stable conditions of life to the person with disability at preservation or asylum according to his/her desire who lost the working ability completely.


CHAPTER 6   GUIDE AND CONTROL ON THE   AFFAIRS FOR THE PROTECTION OF THE PERSON WITH DISABILITY

Article 42 (Basic requirement for guidance and control on the protection of the disabled)
The strengthening of the guidance and supervision on the protection of the person with disability is the main guarantee to carry out thoroughly the state's policy on the protection of the person with disability.
The state shall strengthen the guidance and supervision on the protection of the person with disability in accordance with the requirements of the developing realities.

Article 43 (Guidance for the protection of the disabled)
The guidance on the protection of the person with disability shall be carried out by the central guiding body of public health and other central bodies concerned under the unified leadership of the cabinet.
The central guiding body of public health and other central bodies concerned shall appropriately establish the guiding mechanism on the protection of the person with disability and constantly perform the guidance and supervision.

Article 44 (Tasks of local leading organs)
The local authorities and institutions concerned shall grasp the situation of the protection of the person with disability in each jurisdiction area and task a series of measures for its improvement.

Article 45 (Organization of the committee for the protection of the disabled)
The state shall establish the non-permanent committee for the protection of the person with disability in order to discuss the protection of the person with disability in a planned way and implement it in a unified way.
The executive affairs of the committee for the protection of the person with disability shall be carried out by the Federation for the Protection of the Disabled.

Article 46 (Provision of conditions for the protection of the disabled)
The state planning committee, the labour administration body, the institutions of material supply, public health, finances and bank shall provide promptly the labour, equipment, materials, medicines, medical devices and funds necessary for the protection of the person with disability.

Article 47 (Provision of proper environment for the living of the disabled)
The state guiding body of construction, the city administration body, and institutions and enterprises concerned shall organize the affairs to provide convenient   living environments to the person with disability accordion to plan.
The buildings and establishments, which the person with disability uses, shall be provided with sufficient facilities and equipment.

Article 48 (Provision of the convenience of the disabled)
The traffic and transport institutions, service centers and communication institutions shall provide convenience to the person with disability in their usage of traffic means,
Service facilities and communications, and give him/her a kind preferential treatment.
The person with disability who lost or has severe limitation of the independent ability like the blind can use the transportation means like bus and boat in the city free of charge.

Article 49 (Day of the disabled)
The state shall set the Day of the Person with Disability in order to inspire the society to protect and support the person with disability on better conditions.
The cabinet shall bear the responsibility for setting the Day of the Person with Disability.

Article 50 (Guardianship for the disabled)
The patronizer of the person with disability is the spouse, parent and children, grandparent and grand children, brothers and sisters.
The patronizer of the person with disability shall faithfully discharge his/her obligations with a man stress on enhancing the independent ability of the person with disability.

Article 51 (Scientific research and training of the technicians and specialists for the protection of the disabled)
The research and educational institutions concerned shall firmly establish the research centers for the protection of the person with disability to make an intensive research and study for solving scientific and technical problems arising on the protection of the person with disability and to systematically training the personnel needed for the affairs of the protection of the person with disability like doctor, teacher, technician, and specialist.

Article 52 (Supervision and control on the protection of the disabled)
The supervision and control on the affairs of the protection of the person with disability is the responsibility of the central guiding bodies concerned and the supervision and control organizations.
The central bodies concerned and the supervision and control organizations shall perform their duties strictly.

Article 53 (Renewal and indemnity)
In case the facilities, equipment and devices related to the protection of the person with disability are damaged or lost, they shall be restored to the original state or appropriate indemnity paid.

Article 54 (Administrative or criminal responsibility)
Any leading official of the institution, enterprise and organization or any individual citizen who causes a serious result by breaking this law shall be liable to administrative or criminal punishment according to its degree.

THE LAW OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA ON THE PROTECTION OF THE PERSON WITH DISABILITY

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