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ENFORCEMENT DECREE OF THE ACT ON SAFETY INSURANCE FOR FARMERS AND FISHERS AND PREVENTION OF WORK ACCIDENTS

Presidential Decree No. 26859, Jan. 6, 2016

Amended by Presidential Decree No. 27556, Oct. 25, 2016

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Act on Safety Insurance for Farmers and Fishers and Prevention of Work Accidents and matters necessary for the enforcement thereof.
 Article 2 (Subsidization of Insurance Premiums)
(1) Where the State or a local government subsidizes insurance premiums that shall be borne by insurance policyholders of the safety insurance for farmers or fishers (hereinafter referred to as the "Insurance") pursuant to Article 4 (1) of the Act on Safety Insurance for Farmers and Fishers and Prevention of Work Accidents (hereinafter referred to as the "Act"), it shall pay the subsidies to the insurance business entities under Article 7 of the Act (hereinafter referred to as "insurance business entities").
(2) An insurance business entity who wishes to receive subsidies under paragraph (1) shall submit a report on the current status of subscription to the Insurance to the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the head of the relevant local government in the form prescribed by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(3) Upon receipt of a report on the current status of subscription to the Insurance under paragraph (2), the Minister of Agriculture, Food and Rural Affairs, the Minister of Oceans and Fisheries, or the head of the relevant local government shall review the report and shall determine and pay the amount of subsidies for insurance premiums after ascertaining whether the relevant insurance policyholder is qualified as the insured under Article 6 of the Act.
(4) Pursuant to Article 4 (2) of the Act, subsidies may be granted preferentially to the recipients under subparagraph 2 of Article 2 of the National Basic Living Security Act and to the persons in the second-lowest income bracket under subparagraph 10 of Article 2 of the same Act. In such cases, the subsidy rate shall be determined by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
 Article 3 (Conclusion of Agreements on Insurance Services)
(1) "Documents specified by Presidential Decree" in Article 7 (2) 4 of the Act means articles of incorporation.
(2) Upon receipts of the documents specified in Article 7 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall verify the corporate registration certificate by matching it against administrative information available for sharing under Article 36 (1) of the Electronic Government Act.
(3) An agreement that the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries shall make pursuant to Article 7 (2) of the Act shall provide for the following matters:
1. The term of agreement;
2. Obligations of the insurance business entity;
3. Financial support for the insurance business entity;
4. Amendment, termination, etc. of the agreement;
5. Other provisions concerning the management of insurance services.
(4) "Important matter specified by Presidential Decree" in Article 7 (3) of the Act means the insurance premium rate.
 Article 4 (Specific Criteria, etc. for Recognizing Work Accidents in Agriculture or Fisheries)
(1) The specific criteria for recognizing work accidents in agriculture and the kinds of diseases related to work for agriculture under Article 8 (3) of the Act are as prescribed in attached Table 1.
(2) The specific criteria for recognizing work accidents in fisheries and the kinds of diseases related to work for fisheries under Article 8 (3) of the Act are as prescribed in attached Table 2.
 Article 5 (Other Benefits)
(1) "Benefits prescribed by Presidential Decree" in Article 9 (1) 9 of the Act means the following benefits:
1. Benefit for diagnosis of a specific infectious disease;
2. Benefit for surgery for a specific disease.
(2) The benefit for diagnosis of a specific infectious disease under paragraph (1) 1 shall be paid to the insured, where an infectious disease that the insured has contracted due to work for agriculture or fisheries is finally diagnosed by a medical institution as any of the infectious diseases specified by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries.
(3) The benefit for surgery for a specific disease under paragraph (1) 2 shall be paid to the insured, where the insured undergoes surgery in a medical institution for any of the diseases specified by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, among diseases that the insured has contracted due to work for agriculture or fisheries.
 Article 6 (Entrustment of Insurance Services)
"Persons specified by Presidential Decree" in Article 12 of the Act means any of the following persons: <Amended by Presidential Decree No. 27556, Oct. 25, 2016>
1. A local cooperative or a cooperative for a specific item, as defined in subparagraph 2 or 3 of Article 2 of the Agricultural Cooperatives Act;
2. A local cooperative or a specialized cooperative, as defined in subparagraph 2 or 3 of the Forestry Cooperatives Act;
3. A cooperative, as defined in subparagraph 4 of Article 2 of the Fisheries Cooperatives Act, or the Suhyup Bank under Article 141-4 of the same Act;
4. A person who engages in the damage adjusting business under Article 187 of the Insurance Business Act.
 Article 7 (Delegation of Authority)
(1) Pursuant to Article 22 (1) of the Act, the Minister of Agriculture, Food and Rural Affairs shall delegate his/her authority for the following work to the Administrator of the Rural Development Administration:
1. Collection, management, etc. of statistics under Article 15 (1) and (2) of the Act;
2. Survey, research, etc. on work accidents in agriculture or fisheries under subparagraphs 1 through 3 of Article 16 of the Act.
(2) Pursuant to Article 22 (1) of the Act, the Minister of Oceans and Fisheries shall delegate his/her authority for the following work to the President of the National Institute of Fisheries Science:
1. Collection, management, etc. of statistics under Article 15 (1) and (2) of the Act;
2. Survey, research, etc. on work accidents in agriculture or fisheries under subparagraphs 1 through 3 of Article 16 of the Act.
 Article 8 (Entrustment of Affairs)
(1) Pursuant to Article 22 (2) of the Act, the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries may entrust the management of insurance services under subparagraphs 1 through 4 of Article 14 of the Act to the institution specified in paragraph (2).
(2) The institution to which the affairs under paragraph (1) may be entrusted shall be designated by the Minister of Agriculture, Food and Rural Affairs or the Minister of Oceans and Fisheries, from among public institutions under Article 4 of the Act on the Management of Public Institutions that meet all the following requirements:
1. An institution that engages in insurance services or any service related to work accidents in agriculture or fisheries;
2. An institution equipped with specialized human resources and organizations capable of performing the affairs entrusted under paragraph (1).
(3) When any affair is entrusted pursuant to paragraph (1), the entrusted person, entrusted affairs, etc. shall be publicly announced.
 Article 9 (Handling of Personally Identifiable Information)
(1) If it is essential to execute any administrative affair for verifying the qualification of an insurance policyholder pursuant to Article 6 of the Act, an insurance business entity may handle data containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(2) If it is essential to execute any administrative affair in connection with the conclusion, maintenance, or management of an insurance contract for the benefit of a third party, the payment of insurance benefits, etc. under Article 639 of the Commercial Act, an insurance business entity (excluding insurance companies under Article 7 (1) 1 of the Act) may handle data containing a resident registration number under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.
 Article 10 (Guidelines for Imposition of Administrative Fines)
The guidelines for the imposition of administrative fines under Article 25 (1) through (3) of the Act are as prescribed in attached Table 3.
ADDENDUM
This decree shall enter into force on January 7, 2016.
ADDENDA <Presidential Decree No. 27556, Oct. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2016.
Article 2 Omitted.