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ENFORCEMENT RULE OF THE ASBESTOS INJURY RELIEF ACT

Ordinance Of the Environment No. 388, Dec. 7, 2010

Amended by Ordinance Of the Environment No. 512, Jul. 15, 2013

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of the Enforcement Rules is to provide for matters delegated by the Asbestos Injury Relief Act and the Enforcement Decree of the same Act, as well as those necessary for the enforcement thereof.
 Article 2 (Types of Asbestos)
"Substance prescribed by Ordinance of the Ministry of Environment" in subparagraph 1 of Article 2 of the Asbestos Injury Relief Act (hereinafter referred to as the "Act") means any of the following substances:
1. Actinolite asbestos;
2. Anthophylite asbestos;
3. Tremolite asbestos;
4. Crocidolite asbestos;
5. Amosite asbestos;
6. Chrysotile asbestos.
CHAPTER II REMEDIAL BENEFITS, ETC.
 Article 3 (Applications, etc. for Recognition of Asbestos Victims)
A person who intends to be recognized as an asbestos victim under Article 6 (1) of the Act (hereinafter referred to as "recognition of an asbestos victim") shall file an application for the recognition of an asbestos victim in annexed Form 1, accompanied by the following documents with the head of the Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his/her domicile: <Amended by Ordinance of the Ministry of Environment No. 512, Jul. 15, 2013>
1. The documents classified as below, which are necessary to verify the fact that the applicant meets the guidelines for recognition of asbestos victims stipulated in attached Table 1 to the Enforcement Decree of the Asbestos Injury Relief Act (hereinafter referred to as the "Decree"):
(a) In cases of primary malignant mesothelioma or primary lung cancer: A diagnostic certificate, examination documents or computer tomography photographs (the diagnostic certificate or examination documents for primary malignant mesothelioma and the diagnostic certificate or examination documents for primary lung cancer provided in subparagraph 2 (a) of attached Table 1 to the Decree shall be limited to those issued by any medical institution set out in the subparagraphs of Article 44 (1) of the Act);
(b) In cases of asbestosis and diffuse pleural thickening: Computer tomography photographs and documents on examination of pulmonary function impairment (the documents on examination of pulmonary function impairment shall be limited to those issued by one medical institution set out in the subparagraphs of Article 44 (1) of the Act and contain a spirogram of pulmonary volume);
2. A document containing replies to questionnaire in annexed Form 2 on confirming the level of exposure to asbestos and documents confirming the contents of replied matters;
3. A certified copy of the applicant's resident registration card;
4. Where the applicant has received any money or goods equivalent to the remedial benefits granted under the Civil Act or any other Acts and subordinate statutes on account of any of the asbestos-related diseases defined in subparagraph 2 of Article 2 of the Act (hereinafter referred to as "asbestos-related diseases"), documents confirming the details thereof.
 Article 4 (Giving Written Notice, etc. of Recognition of Asbestos Victims)
(1) Upon receipt of an application for the recognition of an asbestos victim filed under Article 6 (3) of the Act, the Korea Environment Corporation Act established under the Korea Environment Corporation Act (hereinafter referred to as "KECO") shall confirm whether the applicant has received or, is eligible to receive, the benefits, etc. under any Act or subordinate statute set out in Article 3 of the Decree.
(2) Upon determining whether to recognize an applicant as an asbestos victim and the grade of his/her injury under Article 6 (4) of the Act, KECO shall give written notice of such fact to the Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor or the Governor of the relevant Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") and the applicant without delay.
 Article 5 (Issuance of Asbestos Victim's Medical Pocketbooks)
KECO shall issue an asbestos victim's medical pocketbook (hereinafter referred to as "asbestos victim's medical pocketbook") under Article 6 (6) of the Act to a person recognized as an asbestos victim (hereinafter referred to as "recognized victim") within seven days after giving written notice as to whether he/she is recognized as an asbestos victim and the grade of his/her injury pursuant to Article 4 (2): Provided, That where it is impossible to issue an asbestos victim's medical pocketbook due to any extenuating circumstance, it shall issue a written certificate of the recognition of an asbestos victim in annexed Form 3 for him/her to use until the asbestos victim's medical pocketbook is issued.
 Article 6 (Contents and Form of Asbestos Victim's Medical Pocketbook)
(1) Matters to be entered in an asbestos victim's medical pocketbook are as follows:
1. The name, gender, date of birth and address of the recognized victim;
2. The kinds of asbestos-related diseases and grade of the victim's injury (the grade of injury shall be entered only in cases of asbestosis);
3. Year, month and date of recognition of the asbestos victim;
4. The effective period;
5. The issuing authority;
6. Other matters necessary for the recognized victim's health care, such as details of medical treatment and examinations conducted for the recognized victim.
(2) The form of asbestos victim's medical pocketbook shall be as set out in annexed Form 4.
 Article 7 (Re-Issuance, etc. of Asbestos Victim's Medical Pocketbook)
(1) If a recognized victim falls under any of the following cases, he/she shall file an application for the re-issuance of, or the change of the matters entered in, an asbestos victim's medical pocketbook in annexed Form 5 with KECO, accompanied by the documents required under paragraph (2):
1. Where the asbestos victim's medical pocketbook is lost;
2. Where the asbestos victim's medical pocketbook is damaged and is unusable;
3. Where the recognized victim's name or address has changed.
(2) In filing an application under paragraph (1), a recognized victim shall submit the following documents therewith:
1. An asbestos victim's medical pocketbook (only appliable to the cases falling under paragraph (1) 2 and 3);
2. A document verifying the change of the name or address (only appliable to the cases falling under paragraph (1) 3).
(3) KECO shall reissue an asbestos victim's medical pocketbook without delay, if requested by a recognized victim pursuant to paragraph (1).
(4) Where a recognized victim finds his/her lost asbestos victim's medical pocketbook after the re-issuance of the new asbestos victim's medical pocketbook, the recognized victim shall return it to KECO or destroy it immediately.
(5) Upon changing any content of entries in accordance with the application filed under paragraph (1) 3, KECO shall notify the relevant Mayor/Do Governor or the head of the relevant Si/Gun/Gu of such fact.
 Article 8 (Registration and Management of Asbestos Victim's Medical Pocketbooks)
When an asbestos victim's medical pocketbook is issued, reissued or any entry is changed under Article 5, 7 (3) or 11 (2), KECO shall record and preserve such details in the ledger of issuance of asbestos victim's medical pocketbooks in annexed Form 6.
 Article 9 (Return of Asbestos Victim's Medical Pocketbook)
In any of the following cases, a recognized victim shall return his/her asbestos victim's medical pocketbook to KECO: Provided, That in cases falling under subparagraph 2, a person responsible for filing a report of death under Article 85 of the Act on the Registration, etc. of Family Relationship (hereinafter referred to as "person obligated to report a death") shall return it:
1. Where an asbestos-related disease is cured;
2. Where a recognized victim dies;
3. Where the effective period thereof expires;
4. Where KECO revokes the recognition of an asbestos victim;
5. Where a person to whom an asbestos victim's medical pocketbook was issued has received any money or goods equivalent to the remedial benefits granted under the Civil Act or any other Acts or subordinate statutes on account of the identical cause.
 Article 10 (Subsidization of Expenses Incurred in Medical Examinations, Tests, etc. for Recognition of Asbestos Victim)
(1) A person who intends to obtain a subsidy for expenses incurred in medical examinations, tests, etc. for recognition of an asbestos victim (hereinafter referred to as "expenses for the examination of asbestos injury") under Article 6 (8) of the Act shall file an application for payment of expenses for the examination of asbestos injury in annexed Form 7, accompanied by the following documents with KECO within three years from when he/she becomes entitled to such application:
1. Receipts of expenses incurred in medical examinations, tests, etc.;
2. A copy of an asbestos victim's medical pocketbook (only applicable to a recognized victim);
3. A document verifying the applicant is eligible for assistance defined in subparagraph 1 of Article 2 of the National Basic Living Security Act or a beneficiary prescribed in subparagraph 1 of Article 3 of the Medical Care Assistance Act (only applicable to a person entitled to benefits);
4. A document deemed necessary by the Minister of Environment for granting a subsidy for expenses related to medical examinations, tests, etc. (only applicable to a person falling under subparagraph 3 of Article 5 of the Decree).
(2) Upon receipt of an application filed under paragraph (1), KECO shall pay into the account of the applicant the expenses for the examination of asbestos injury from the Asbestos Injury Relief Fund (hereinafter referred to as the "Fund") established under Article 24 of the Act within 15 days. In such cases, the expenses for the examination of asbestos injury shall be borne by the recognized victim under Article 41 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act, and shall be paid only on one occasion in the case of a person who falls under subparagraph 2 or 3 of Article 5 of the Decree.
 Article 11 (Renewal, etc. of Effective Period of Recognition of Asbestos Victim)
(1) A person who intends to renew the effective period of the recognition of an asbestos victim under Article 7 (2) of the Act shall file an application for renewal of an asbestos victim in annexed Form 8, accompanied by a copy of an asbestos victim's medical pocketbook with the head of the Si/Gun/Gu having jurisdiction over his/her domicile.
(2) KECO shall determine whether to renew the effective period within 30 days after receipt of an application filed under paragraph (1), and shall issue a new asbestos victim's medical pocketbook, if the effective period is renewed.
 Article 12 (Chairperson of the Determination Committee of Asbestos Injuries)
The Chairperson of the Committee for Determination of Asbestos Injuries (hereinafter referred to as the "Determination Committee") established under Article 8 of the Act shall be commissioned by the Chairperson of KECO from among persons falling under Article 8 (3) 3 of the Act.
 Article 13 (Operation of Determination Committee)
(1) Meetings of the Examination Committee shall be convoked by the Chairperson of the Examination Committee (hereinafter referred to as "Chairperson of the Examination Committee"): Provided, That where the Chairperson of the Examination Committee is unable to call a meeting due to any extenuating circumstance, the person designated by him/her from among persons falling under Article 8 (3) 3 of the Act may call it on his/her behalf.
(2) Where the Chairperson of the Examination Committee intends to convoke a meeting, he/she shall give written notice to the members of the Examination Committee of the date and time, location and agenda of the meeting five days before holding the meeting: Provided, That when a meeting needs to be held with urgency, such written notice may be given verbally or by telephone or by other means one the day before the date of the meeting.
(3) A meeting of the Examination Committee shall duly open with a majority of all incumbent members present, and a resolution shall be passed with the affirmative vote of the members present.
(4) The Chairperson of KECO shall record matters related to the agenda, result of the deliberation by the Examination Committee, etc., and shall appoint one executive secretary to deal with the administrative affairs of the Examination Committee from among affiliated employees of KECO.
(5) Except as otherwise expressly provided in paragraphs (1) through (4), matters necessary for the operation of the Examination Committee and matters shall be determined by the Chairperson of the Examination Committee following the resolution thereon passed by the Examination Committee.
 Article 14 (Exceptions to Presentation of Asbestos Victim's Medical Pocketbook)
"Cases recognized by Ordinance of the Ministry of Environment" in Article 9 (3) of the Act means any of the following cases:
1. Where an asbestos victim's medical pocketbook is not yet reissued despite that the application for the re-issuance thereof has been filed under Article 7;
2. Where a recognized victim is a sufferer of primary malignant mesothelioma or primary lung cancer;
3. Where it is unable to present an asbestos victim's medical pocketbook due to any extenuating circumstance.
 Article 15 Deleted. <by Ordinance of the Ministry of Environment No. 512, Jul. 15, 2013>
 Article 16 (Applications for Special Recognition of Bereaved Family Members)
(1) A person who intends to be granted special recognition of a bereaved family member under Article 14 (1) of the Act (hereinafter referred to as "special recognition of a bereaved family member") shall file an application for special recognition of a bereaved family member in annexed Form 9, accompanied by the following documents with the head of the Si/Gun/Gu having jurisdiction over the domicile of the person who died of an asbestos-related disease as at the time of his/her death: <Amended by Ordinance of the Ministry of Environment No. 512, Jul. 15, 2013>
1. A document verifying the applicant falls under the priority group of bereaved families prescribed in Article 18 (2) of the Act;
2. Documents classified as below, which are necessary to verify that the applicant meets the guidelines for special recognition of a bereaved family member prescribed in attached Table 3 to the Decree:
(a) In cases of primary malignant mesothelioma or primary lung cancer: A death certificate or a written autopsy result, and examination documents or computer tomography photographs, and the documents on examination of pulmonary function impairment;
(b) In cases of asbestosis and diffuse pleural thickening: A death certificate or a written autopsy result, computer tomography photographs, and documents on examination of pulmonary function impairment (documents on examination of pulmonary function impairment may be omitted in cases where pulmonary function impairment is under normal conditions);
3. A document containing replies to questionnaire in annexed Form 2 on confirming the level of exposure to asbestos and documents confirming the contents of replied matters;
4. A document, such as a certified copy of the applicant's resident registration card, that verifies the applicant resided with the person who died of an asbestos-related disease as at the time of the death of the victim (if the applicant is the spouse of the person who died of an asbestos-related disease in a de facto marital relationship, referring to a document verifying such fact);
5. Where the applicant has received any money or goods equivalent to the remedial benefits granted under the Civil Act or any other Acts or subordinate statutes, documents confirming the details thereof.
(2) Upon receipt of an application for special recognition of a bereaved family member, KECO shall confirm whether the person who intends to be specially recognized as a bereaved family member (including a person who died of an asbestos-related disease) has received, or is eligible to receive, benefits, etc. under any Act or subordinate statute set out in the subparagraphs of Article 3 of the Decree.
 Article 17 (Requests for Payment of Medical Benefits)
A person who intends to obtain medical benefits under Article 16 (1) of the Act shall file a written request for the payment of medical benefits in annexed Form 10, accompanied by the receipts related to the medical examinations and tests with the head of the Si/Gun/Gu having jurisdiction over his/her domicile.
 Article 18 (Requests for Payment of Allowances for Medical Care and Living Costs)
A person who intends to obtain an allowance for medical care and living costs under Article 16 (1) of the Act shall file a written request for the payment of allowances for medical care and living costs in annexed Form 11 with the head of the Si/Gun/Gu having jurisdiction over his/her domicile.
 Article 19 (Requests for Payment of Funeral Expenses)
A person who intends to obtain funeral expenses under Article 16 (1) of the Act shall file a written request for the payment of funeral expenses in annexed Form 12, accompanied by the following documents with the head of the Si/Gun/Gu having jurisdiction over his/her domicile:
1. A document verifying that the applicant falls under the priority group of bereaved families prescribed in Article 18 (2) of the Act;
2. A document verifying the fact of death of the recognized victim, year, month and date of the death, and the fact that the recognized victim died of an asbestos-related disease;
3. A document verifying that the applicant has held the funeral for the recognized victim.
 Article 20 (Requests for Payment of Special Consolation for Bereaved Family Members and Special Funeral Expenses)
A person who intends to obtain special consolation for bereaved family members and special funeral expenses under Article 16 (1) of the Act shall file a written request for the payment of special consolation for bereaved family members and special funeral expenses in annexed Form 13, accompanied by the document issued by KECO on granting special recognition of a bereaved family member with the head of the Si/Gun/Gu having jurisdiction over the domicile of the person who died of an asbestos-related disease as at the time of his/her death.
 Article 21 (Requests for Payment of Remedial Benefit Adjustment)
A person who intends to obtain remedial benefit adjustment under Article 16 (1) of the Act shall file a written request for the payment of remedial benefit adjustment in annexed Form 14, accompanied by following documents with the head of the Si/Gun/Gu having jurisdiction over his/her domicile:
1. A document verifying that the applicant falls under the priority group of bereaved families prescribed in Article 18 (2) of the Act;
2. A document verifying the fact of death of the recognized victim, year, month and date of the death, and the fact that the recognized victim died of an asbestos-related disease;
3. A document, such as a certified copy of the applicant's resident registration card that verifies the applicant has shared the same livelihood with a person who died of an asbestos-related disease as at the time of the death of the victim (if the applicant is the spouse of the person in a de facto marital relationship who died of an asbestos-related disease, referring to a document verifying such fact).
 Article 22 (Requests for Payment of Accrued Medical Benefits, etc.)
(1) A person who intends to obtain medical benefits, etc. accrued due to the death of a person who was entitled to obtain medical benefits and allowances for medical care and living costs (hereinafter referred to as "medical benefits, etc.) under Articles 9 and 10 of the Act (hereinafter referred to as "beneficiary") shall file a written request for the payment of medical benefits, etc. in annexed Form 15, accompanied by the following documents with the head of the Si/Gun/Gu having jurisdiction over the domicile:
1. A document verifying the fact of death of the beneficiary of medical benefits, etc. and the year, month and date of the death;
2. A document verifying that the applicant falls under the priority group of bereaved families prescribed in Article 18 (2) of the Act;
3. A document, such as a certified copy of the applicant's resident registration card that verifies the applicant has shared the same livelihood with the dead beneficiary as at the time of the death of the beneficiary (if the applicant is the spouse of the dead beneficiary in a de facto marital relationship, referring to a document verifying such fact);
4. Documents that should have been submitted by the dead beneficiary in requesting the payment of medical benefits, etc.
(2) Upon receipt of a written request for the payment of accrued medical benefits, etc. filed under paragraph (1), KECO shall decide within 14 days after receipt of the written request whether to pay such unpaid medical benefits: Provided, That where it is impracticable to decide on the payment of the accrued medical benefits, etc. within 14 days, it may extend the period for such decision by up to 14 days upon notifying the grounds therefor.
(3) Accrued medical benefits, etc. shall be paid through the head of a Si/Gun/Gu within 30 days from the date KECO makes decision to pay it, and shall be borne from the Fund, the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu at the ratio prescribed in Article 13 of the Decree.
 Article 23 (Restrictions on Payment of Medical Benefits, etc.)
(1) When KECO intends to decide to discontinue the payment of medical benefits, etc. under Article 19 (1) of the Act, it may request in advance in writing, the recognized victim to make corrections, fixing a period up to 15 days.
(2) If a beneficiary fails to make corrections within the period prescribed in paragraph (1), KECO may discontinue the full or partial payment of medical benefits, etc.
(3) Where the payment of medical benefits, etc. is partially discontinued under paragraph (2), the medical benefits from the date following the expiration of the period prescribed in paragraph (1) to the date immediately before corrections are made shall not be paid, and allowances for medical care and living costs shall be paid after making a deduction on a daily basis.
(4) Except as otherwise expressly provided in paragraphs (1) through (3), matters necessary for the restriction on the payment of medical benefits, etc. shall be prescribed by the Chairperson of KECO.
 Article 24 (Collection of Unjust Enrichment)
(1) If any unjust enrichment falling under any subparagraph of Article 21 (1) of the Act is found, the Chairperson of KECO shall give notice of such fact to the Minister of Environment without delay.
(2) Upon receipt of notice under paragraph (1), the Minister of Environment shall give written notice to the person who has obtained remedial benefits by illegal means of the fact and amount of unjust enrichment, account to which they are to be returned, method, etc. of filing an objection.
(3) If a person in receipt of written notice given under paragraph (2) fails to pay unjust enrichment by the deadline, the Minister of Environment shall urge him/her to make payment thereof, fixing a period of payment not exceeding 30 days.
(4) Upon collecting unjust enrichment, the Minister of Environment shall deposit them in the Fund.
(5) The Minister of Environment shall pay the amount of remedial benefits borne by the competent Mayor/Do Governor and the head of the competent Si/Gun/Gu under Article 13 of the Decree out of the amount collected under paragraph (4) to the relevant Mayor/Do Governor and head of the relevant Si/Gun/Gu.
CHAPTER III PETITIONS FOR EXAMINATION OR REEXAMINATION
 Article 25 (Filing Petitions for Examination)
A person who intends to file a petition for examination under Article 29 of the Decree shall file a petition for examination in annexed Form 16 with KECO, accompanied by the documents verifying the facts for which the petition for examination is filed.
 Article 26 (Filing Petitions for Reexamination)
A person who intends to file a petition for reexamination under Article 34 of the Decree shall file a petition for reexamination in annexed Form 17 with KECO, accompanied by the documents verifying the facts for which the petition for reexamination is filed.
 Article 27 (Qualifications for Members of Committee for Reexamination on Asbestos Injury Relief)
"Person prescribed by Ordinance of the Ministry of Environment" in Article 39 (3) 6 of the Act means a person with abundant knowledge about and experience in the field of environment health or social insurance.
 Article 28 (Qualifications, etc. for Survey and Research Personnel)
(1) Any of the following persons is eligible as the survey and research personnel referred to in Article 36 of the Decree:
1. A pharmacist as defined in the Pharmaceutical Affairs Act;
2. A medical doctor or a nurse as defined in the Medical Service Act;
3. A person who has obtained a diplomat or higher, or a person who is recognized as having an equal academic background or higher, in occupational and environmental medicine, industrial safety, industrial health, industrial hygiene, occupational health nursing, health hygiene or in any field similar thereto from a school as defined in the Higher Education Act;
4. A person who has obtained the qualifications to become an engineer in industrial hygiene management or higher under the National Technical Qualifications Act;
5. A person who obtained the qualifications for an engineer in industrial hygiene management and has served in the relevant field for at least one;
6. A person who has engaged in surveys, research, adjudication of environmental diseases in a related institution, such as KECO for at least four years.
(2) The remuneration of survey and research personnel prescribed in paragraph (1) shall be paid within budgetary limits, and standards applicable to the annual salary grade 6 of a contract public official in general service prescribed in attached Table 34 to the Public Officials Remuneration Regulations shall apply mutatis mutandis thereto.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 29 (Reporting, etc. on Changes in Entitlement to Benefits)
(1) Where a person entitled to benefits under Article 43 (3) of the Act or Article 38 of the Decree has received any money or goods equivalent to the remedial benefits prescribed in this Act under the Civil Act or any other Acts and subordinate statutes, he/she shall file a report thereon, accompanied by documents verifying the details thereof with KECO within 15 days from the date the causes of cessation of, or change in, the entitlement to benefits has occurred.
(2) A report on the death of a beneficiary under Article 43 (4) of the Act shall be filed in writing, accompanied by the following documents:
1. A document verifying the beneficiary's death and the year, month and date of the death;
2. A document verifying that the reporter is the person obligated to report the beneficiary's death.
(3) Upon receipt of a report filed under paragraph (1) or (2), KECO shall inform the reporter of the matters necessary for the payment of, or request, etc. for, remedial benefits, such as information on full or partial payment of remedial benefits, an application for the recognition of an asbestos victim or a written request for the payment of remedial benefits under Article 16 of the Act.
 Article 30 (Areas Subject to Investigation of Health Injuries)
"Area prescribed by Ordinance of the Ministry of Environment" in subparagraph 4 of Article 41 of the Decree means any of the following areas:
1. Areas where asbestos formed through the geologic process or by other activities of nature are fixed and scattered on land (hereinafter referred to as "naturally formed asbestos");
2. Other areas where the Minister of Environment deems it necessary to conduct an investigation of health injuries.
 Article 31 (Procedures, etc. for Investigation of Health Injuries)
(1) A person who intends to request an investigation, etc. of health injuries under Article 44 (2) of the Act shall submit a request therefor to the head of the Si/Gun/Gu having jurisdiction over his/her domicile by submitting a diagnostic certificate and examination documents necessary for making medical judgment on whether an investigation for health injuries is necessary.
(2) Upon receipt of a request submitted under paragraph (1), the head of a Si/Gun/Gu shall notify the relevant Mayor/Do Governor of such fact without delay and forward the requested materials to the Minister of Environment.
(3) Where the Minister of Environment acknowledges the necessity for an investigation of health injuries after reviewing the materials received under paragraph (2), he/she shall conduct the requested investigation and may request supplementation of the materials fixing a date, if the materials received are inadequate.
(4) The Minister of Environment may assign an asbestos injury reporting center under Article 47 (3) of the Act (hereinafter referred to as the “asbestos injury reporting center”) to conduct the investigation of health injuries referred to in paragraph (3) and to review the materials received. <Amended by Ordinance of the Ministry of Environment No. 512, Jul. 15, 2013>
(5) The Minister of Environment shall notify the results of investigation of health injuries conducted under paragraph (4) and determination on whether the case is eligible for an investigation of health injuries to the relevant Mayor/Do Governor, the head of the relevant Si/Gun/Gu and the person who has requested the investigation of the health injuries.
(6) Expenses incurred in conducting the investigation, etc. of health injuries shall be borne by a person who requests the investigation, etc. of health injuries: Provided, That Article 10 shall apply mutatis mutandis to the procedures for, and method of, subsidization of the expenses related to medical examination, tests, etc. for a recognized victim or a person falling under subparagraph 2 or 3 of Article 5 of the Decree.
 Article 32 (Surveys on Health Impacts Conducted by Heads of Local Governments)
Where the head of a local government intends to conduct a survey on health impacts pursuant to Article 47 (2) of the Act, he/she shall consult with the Minister of Environment in advance on the area and persons subject to, the reason and expenses, etc. for, the survey on health impacts.
 Article 33 (Areas Subject to Surveys on Health Impacts)
"Area prescribed by Ordinance of the Ministry of Environment" in Article 47 (2) 3 of the Act means any of the following areas:
1. Areas where naturally formed asbestos are scattered;
2. Other areas where the Minister of Environment deems it necessary to conduct a survey on health impacts.
 Article 34 (Designation, Operation, etc. of Asbestos Injury Reporting Centers)
(1) For the purpose of conducting investigations of health injuries under Article 44 (2) of the Act, surveys and research under Article 47 (1) of the Act, surveys on health impacts under Article 47 (2) of the Act, health examinations under Article 48 (3) of the Act in an effective manner, the Minister of Environment may designate and operate asbestos injury reporting centers from among the medical institutions set out in the subparagraphs of Article 44 (1) of the Act. In such cases, the Minister of Environment may designate and operate one or more asbestos injury reporting centers in each City/Do.
(2) Asbestos injury reporting centers shall record and preserve the materials related to the investigations of health injuries, surveys on health impacts, health examinations, etc. conducted under paragraph (1), and if requested, shall submit the relevant materials to the Minister of Environment without delay.
(3) The Minister of Environment may subsidize expenses incurred in operating the business affairs of asbestos injury reporting centers. In such cases, he/she may conduct an evaluation of the performance of such business affairs each year, and may differentiate the amount of subsidy in accordance with the results of such evaluation.
 Article 35 (Persons to whom Asbestos Health Care Pocketbooks Shall be Issued)
"Persons prescribed by Ordinance of the Ministry of Environment" in Article 48 (1) of the Act means any of the following persons:
1. Suspected victims of asbestosis-type disease as a result of investigations of health injuries conducted under Article 44 (2) of the Act or surveys on health impacts conducted under Article 47 (2) of the Act;
2. Other persons for whom the Minister of Environment deems it necessary to issue asbestos health care pocketbooks (hereinafter referred to as "asbestos health care pocketbooks") pursuant to Article 48 of the Act.
 Article 36 (Issuance of Asbestos Health Care Pocketbooks)
The Minister of Environment may issue asbestos health care pocketbooks through asbestos injury reporting centers.
 Article 37 (Health Examinations of Persons Having Received Asbestos Health Care Pocketbooks)
(1) The Minister of Environment may assign asbestos injury reporting centers to conduct health examinations pursuant to Article 48 (3) of the Act.
(2) A person to whom an asbestos health care pocketbook is issued shall present it when he/she undergoes a health examination referred to in paragraph (1).
(3) Upon conducting a health examination pursuant to paragraph (1), an asbestos injury reporting center shall enter the details of the medical treatment and tests conducted in the asbestos health care pocketbook.
(4) Article 15 (3) through (5) shall apply mutatis mutandis to the timing to conduct health examinations, details of health examinations, and bearing of expenses therefor under paragraph (1).
 Article 38 (Contents and Form of Asbestos Health Care Pocketbooks)
(1) Matters to be entered in an asbestos health care pocketbook shall be as follows:
1. The serial number of the pocketbook;
2. The name, gender, date of birth and address of the person to whom the asbestos health care pocketbook is issued;
3. The name of the medical institution which has conducted an examination and date of the examination;
4. The issuing authority;
5. Other matters necessary for the health care of the person to whom the asbestos health care pocketbook was issued, such as details, etc. of medical treatment and tests conducted.
(2) The form of an asbestos health care pocketbook shall be as set out in annexed Form 19.
 Article 39 (Re-Issuance, etc. of Asbestos Health Care Pocketbooks)
(1) Where an asbestos health care pocketbook is lost or where it is too damaged to be used, a person to whom the asbestos health care pocketbook was issued shall have it reissued upon submitting an application for the re-issuance thereof in annexed Form 20 to an asbestos injury reporting center.
(2) Where a person to whom an asbestos health care pocketbook was issued finds the lost asbestos health care pocketbook after the re-issuance thereof, he/she shall return it to the Minister of Environment or an asbestos injury reporting center, or destroy it.
(3) Where the domicile of a person to whom an asbestos health care pocketbook was issued has changed, he/she may receive a health examination at an asbestos injury reporting center close to the new domicile, and the asbestos injury reporting center covering the place where he/she was domiciled before the change is made shall transfer the records related to his/her health examinations to the asbestos injury reporting center covering the new domicile so that the health of the person to whom an asbestos health care pocketbook was issued can be managed continuously.
 Article 40 (Payment of Expenses for Entrustment of Imposition and Collection of Allotted Charges for Asbestos Injury Relief)
(1) Under Article 45 (2) of the Decree, the Minister of Environment may pay expenses for entrusting the imposition and collection of allotted charges in an amount within three percent of the calculated amount of allotted charges each year to the Korea Workers' Compensation under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Workers' Compensation") and the National Health Insurance Corporation under the National Health Insurance Act (hereinafter referred to as the 'National Health Insurance Corporation") which perform the business affairs related to the imposition and collection of the allotted charges for asbestos injury relief prescribed in Article 31 of the Act.
(2) The amount of expenses for entrusting the imposition and collection of the allotted charges payable to the Korea Workers' Compensation and the National Health Insurance Corporation, respectively, shall be determined by the Minister of Environment through consultation with the Korea Workers' Compensation and the National Health Insurance Corporation, and where it is impossible to reach agreement thereon, the Minister of Environment may determine it taking into account the amount, etc. of the imposition and collection of the allotted charges.
ADDENDA
Article 1 (Enforcement Date)
This Enforcement Rules shall enter into force on January 1, 2011.
Article 2 (Special Provisions on Payment of Expenses for Entrustment of Imposition and Collection of Allotted Charges)
Notwithstanding Article 40 (1), expenses for entrusting the imposition and collection of allotted charges to the Korea Workers' Compensation and the National Health Insurance Corporation may be paid in an amount within five percent of the calculated amount of allotted charges in 2011 and four percent of the same in 2012.
Article 3 (Transitional Measures concerning Applications for Recognition of Asbestos Victims, etc.)
Where a person who intends to file an application for recognition of an asbestos victim or special recognition of a bereaved family member under Article 3 or 16 has received a diagnosis or examinations or taken computer tomography photographs, or has received an examination of pulmonary function impairment concerning an asbestos-related disease, etc. at a medical institution defined in Article 3 of the Medical Service Act before this Enforcement Rules enter into force may submit such documents as documents for the application for recognition of an asbestos victim or the special recognition of a bereaved family member.
ADDENDA <Ordinance of the Ministry of Environment No. 512, Jul. 15, 2013>
This Enforcement Rules shall enter into force on January 1, 2014.