ENFORCEMENT DECREE OF THE INDUSTRIAL ACCIDENT COMPENSATION INSURANCE ACT
Wholly Amended by Presidential Decree No. 20875, jun. 25, 2008
Amended by Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 20966, Aug. 7, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21588, jun. 30, 2009
Presidential Decree No. 22060, Mar. 26, 2010
Presidential Decree No. 22101, Mar. 26, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22356, Aug. 25, 2010
Presidential Decree No. 22410, Sep. 29, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22492, Nov. 15, 2010
Presidential Decree No. 22516, Dec. 7, 2010
Presidential Decree No. 22637, Jan. 24, 2011
Presidential Decree No. 23468, Dec. 30, 2011
Presidential Decree No. 23728, Apr. 16, 2012
Presidential Decree No. 24077, Aug. 31, 2012
Presidential Decree No. 24177, Nov. 12, 2012
Presidential Decree No. 24651, jun. 28, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25435, jun. 30, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26094, Feb. 10, 2015
Presidential Decree No. 26196, Apr. 14, 2015
Presidential Decree No. 27050, Mar. 22, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 28506, Dec. 26, 2017
CHAPTER I GENERAL PROVISIONS
| Article 2 (Businesses Excluded from Application of the Act) |
| (1) | "Business prescribed by Presidential Decree" in the proviso to Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Act") means any of the following business or workplaces (hereinafter referred to as "business"): <Amended by Presidential Decree No. 20966, Aug. 7, 2008; Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 26196, Apr. 14, 2015> |
| (b) | Construction works for constructing a building with its total floor area not exceeding 100 square meters, or for performing a comprehensive repair of a building with its total floor area not exceeding 200 square meters; |
| 4. | Employment activities within households; |
| 5. | Business other than those referred to in subparagraphs 1 through 4, whose regular workforce is less than one person; |
| 6. | Business run by a person other than a corporation among agricultural, forestry (excluding logging industry), fishery, or hunting business, whose regular workforce is less than five. |
| (2) | Except as otherwise provided in this Decree, the scope of the business referred to in subparagraphs of paragraph (1) shall be subject to the Korean Standard Industrial Classification published by the Commissioner of the Statistics Korea under the Statistics Act. |
| Article 2 (Businesses Excluded from Application of the Act) |
| (1) | "Business prescribed by Presidential Decree" in the proviso to Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Act") means any of the following business or workplaces (hereinafter referred to as "business"): <Amended by Presidential Decree No. 20966, Aug. 7, 2008; Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 26196, Apr. 14, 2015> |
| 3. | Deleted; <by Presidential Decree No. 28506, Dec. 26, 2017> |
| 4. | Employment activities within households; |
| 5. | Deleted; <by Presidential Decree No. 28506, Dec. 26, 2017> |
| 6. | Business run by a person other than a corporation among agricultural, forestry (excluding logging industry), fishery, or hunting business, whose regular workforce is less than five. |
| (2) | Except as otherwise provided in this Decree, the scope of the business referred to in the subparagraphs of paragraph (1) shall be subject to the Korean Standard Industrial Classification Table published by the Commissioner of the Statistics Korea under the Statistics Act (hereinafter referred to as the “Korean Standard Industrial Classification Table”). <Amended by Presidential Decree No. 28506, Dec. 26, 2017> |
| (3) | Deleted. <by Presidential Decree No. 28506, Dec. 26, 2017> <<Enforcement Date : Jul. 1, 2018>> |
| Article 2-2 (Calculation of Number of Regular Workforce, and Time of Application Thereof) |
| (1) | The number of regular workforce provided in Article 2 (1) 5 shall be calculated by dividing the total number of man-days worked during 14 working days from the date the employees are initially placed in service after commencement of the business concerned by 14. In such cases, if the number of regular workforce is less than one, it shall be calculated by dividing the total number of man-days worked during 14 working days, for each of which one day is deferred in sequential order, from the date the employees are initially placed in service, by 14. |
| (2) | Notwithstanding paragraph (1), if a business ceases to be run or an occupational accident occurs within 14 days from the date employees are initially placed in service, the number of regular workforce shall be calculated by dividing the total number of man-days worked until that time by the number of the working days. |
| (3) | A business of which number of regular workforce calculated pursuant to paragraphs (1) and (2) is no less than one shall be deemed to be constituted as a business whose regular workforce is one or more on the first day of the relevant period when the number of regular workforce initially becomes one or more. |
| (4) | The number of regular workforce under Article 2 (1) 6 shall be calculated by applying mutatis mutandis the provisions of paragraphs (1) through (3). In such cases, Article 2 (1) 5 shall be construed as Article 2 (1) 6, and one as five. |
[This Article Newly Inserted by Presidential Decree No. 22101, Mar. 26, 2010]
| Article 2-2 (Calculation of Number of Regular Workforce, and Time of Application Thereof) |
| (1) | The number of regular workforce provided in Article 2 (1) 6 shall be calculated by dividing the total number of man-days worked during 14 working days from the date the employees are initially placed in service after commencement of the business concerned by 14. In such cases, if the number of regular workforce is less than five, it shall be calculated by dividing the total number of man-days worked during 14 working days, for each of which one day is deferred in sequential order, from the date the employees are initially placed in service, by 14. <Amended by Presidential Decree No. 28506, Dec. 26, 2017> |
| (2) | Notwithstanding paragraph (1), if a business ceases to be run or an occupational accident occurs within 14 days from the date employees are initially placed in service, the number of regular workforce shall be calculated by dividing the total number of man-days worked until that time by the number of the working days. |
| (3) | A business of which number of regular workforce calculated pursuant to paragraphs (1) and (2) is no less than five shall be deemed to be constituted as a business whose regular workforce is five or more on the first day of the relevant period when the number of regular workforce initially becomes five or more. |
| (4) | Deleted. <by Presidential Decree No. 28506, Dec. 26, 2017> |
[This Article Newly Inserted by Presidential Decree No. 22101, Mar. 26, 2010]
<<Enforcement Date : Jul. 1, 2018>>
| Article 3 (Functions of Industrial Accident Compensation Insurance and Prevention Deliberation Committee) |
The Industrial Accident Compensation Insurance and Prevention Deliberation Committee established in accordance with Article 8 (1) of the Act (hereinafter referred to as the "Committee") shall deliberate on the following: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28506, Dec. 26, 2017> | 1. | Matters relating to the criteria for calculating medical care benefits under Article 40 (5) of the Act, such as the scope and expenses thereof; |
| 3. | Matters relating to the establishment of an operational plan for the Industrial Accident Compensation Insurance and Prevention Fund as prescribed in Article 98 of the Act; |
| 5. | Other matters referred by the Minister of Employment and Labor to the Committee for deliberation with respect to industrial accident compensation insurance business (hereinafter referred to as "insurance business") and occupational safety and health affairs. |
| Article 4 (Constitution of Committee) |
Members of the Committee shall be appointed or commissioned by the Minister of Employment and Labor according to the following classification: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Five members representing employees who are recommended by a trade union which is a union federation; |
| 2. | Five members representing employers who are recommended by an employers' organization representing the whole country; |
| 3. | Five members representing public interest who fall under any of the following: |
| (a) | The Vice Minister of Employment and Labor; |
| (b) | One public official belonging to the Senior Civil Service in charge of the industrial accident compensation insurance affairs or the industrial accident prevention affairs in the Ministry of Employment and Labor; |
| Article 5 (Term of Office of Members, etc.) |
| (1) | The term of office of members of the Committee shall be three years, which may be renewed consecutively: Provided, That the term of office of those members who fall under subparagraph 3 (a) or (b) of Article 4 shall be their tenure of office. <Amended by Presidential Decree No. 22060, Feb. 24, 2010> |
| (2) | The term of office of those members filling a vacancy shall be the remainder of his/her predecessor's term. |
| (3) | The Minister of Employment and Labor may dismiss a commissioned member if he/she falls under any of the following cases: <Newly Inserted by Presidential Decree No. 27050, Mar. 22, 2016> |
| 1. | Where the commissioned member is no longer able to perform his/her duties due to a mental disorder; |
| 2. | Where the commissioned member is involved in a wrongdoing in connection with his/her duties; |
| 3. | Where the commissioned member is deemed not suitable as a member due to neglect of duties, injury to dignity, or other reasons; |
| 4. | Where the commissioned member declares that he/she cannot perform his/her duties. |
| Article 6 (Chairperson and Vice Chairperson) |
| (1) | The Committee shall have one chairperson and one vice chairperson. |
| (2) | The Vice Minister of Employment and Labor shall take the chair of the Committee, and the vice chairperson shall be elected by the Committee from among members representing public interest. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The chairperson shall represent the Committee and take general control over the affairs of the Committee. |
| (4) | The vice chairperson shall assist the chairperson, and if the chairperson is incapable of performing his/her duties due to extenuating circumstances, he/she shall act on the chairperson's behalf. |
| Article 7 (Meetings of Committee) |
| (1) | The chairperson shall convene a meeting of the Committee and preside over it. |
| (2) | A meeting of the Committee shall be convened upon the request of the Minister of Employment and Labor or of a majority of all members on the register. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | A meeting of the Committee shall open by attendance of a majority of all members on the register, and pass a resolution with the approval of a majority of the members present. |
| Article 8 (Expert Committees) |
| (1) | There shall be established an expert committee on industrial accident compensation insurance policies, expert committee on medical care under industrial accident compensation insurance, and expert committee on occupational safety and health within the Committee in accordance with Article 8 (3) of the Act. <Amended by Presidential Decree No. 22060, Feb. 24, 2010> |
| (2) | The expert committees under paragraph (1) shall, on order of the chairperson of the Committee, examine the following matters and report the results to the Committee: <Amended by Presidential Decree No. 22060, Feb. 24, 2010> |
| 1. | Expert committee on industrial accident compensation insurance policies: Matters concerning industrial accident compensation insurance, including its finance, application, collection, benefits, rehabilitation, and welfare; |
| 2. | Expert committee on medical care under industrial accident compensation insurance: Matters concerning medical care benefit standards, such as the scope and amounts of medical care benefits, and medical care administration; |
| 3. | Expert committee on occupational safety and health: Matters concerning important policies and institutional improvements on occupational safety and health. |
| (3) | Each expert committee shall be comprised of no more than 25 non-standing members. |
| (4) | Members of the expert committee on industrial accident compensation insurance policies shall be commissioned by the chairperson from among the following persons: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Public officials in general service of Grade IV or higher in charge of industrial accident compensation insurance affairs in the Ministry of Employment and Labor; |
| 2. | Persons recommended by a trade union which is a union federation or a nationwide employers' organization; |
| 3. | Persons who have much knowledge and experience in finance, application, collection, benefits, etc. of social insurance. |
| (5) | Members of the expert committee on medical care under industrial accident compensation insurance shall be commissioned by the chairperson from among the following persons: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Public officials in general service of Grade IV or higher in charge of industrial accident compensation insurance affairs in the Ministry of Employment and Labor; |
| 2. | Persons recommended by a trade union which is a union federation or a nationwide employers' organization; |
| 3. | Persons who have much medical knowledge and experience in each professional field, such as industrial medicine. |
| (6) | Members of the expert committee on occupational safety and health shall be commissioned by the chairperson from among the following persons: <Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Public officials in general service of Grade IV or higher in charge of occupational safety and health affairs in the Ministry of Employment and Labor; |
| 2. | Persons recommended by a trade union which is a union federation or a nationwide employers' organization; |
| 3. | Persons who have much knowledge and experience in occupational safety and health. |
| (7) | The chairperson may dismiss a member commissioned pursuant to paragraphs (4) through (6), if the member falls under any of the subparagraphs of Article 5 (3). <Newly Inserted by Presidential Decree No. 27050, Mar. 22, 2016> |
| (8) | The composition and operation of the expert committees and other necessary matters shall be determined by the chairperson through resolutions by the Committee. |
| Article 8-2 (Survey and Research Commissioners) |
| (1) | No more than two survey and research commissioners may be appointed in the Committee to conduct survey and research projects for matters concerning industrial accident compensation insurance and the prevention of industrial accidents in such professional fields as statutes related to industrial accident compensation insurance, industrial safety engineering, machine safety, electrical safety, chemical safety, building safety, public works safety, industrial medicine, industrial nursing, industrial sanitation, ergonomics, hazardous substances control, and safety and health, as well as industrial accident statistics and other necessary fields. |
| (2) | The survey and research commissioners shall be appointed by the Minister of Employment and Labor from among persons with considerable academic knowledge and experience in the relevant fields. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010]
| Article 8-3 (Request for Cooperation from Related Administrative Agencies, etc.) |
The Committee and expert committees provided in Article 8 may, if deemed necessary to deliberate on the matters referred thereto, request related administrative agencies or organizations to submit materials or cause related public officials, experts, etc. to appear and present their opinions. [This Article Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010]
| Article 9 (Executive Secretary of Committee) |
| (1) | The Committee shall have an executive secretary for the management of its administrative affairs. |
| (2) | The executive secretary shall be appointed by the Minister of Employment and Labor from among public officials under his/her control. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 10 (Allowances for Members) |
Members of the Committee or the expert committees who attend meetings thereof may be paid allowances within budgetary limits: Provided, That this shall not apply where members who are public officials attend a Committee or an expert committee meeting in direct relation to their duties.
| Article 11 (Detailed Operating Rules) |
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the chairperson through resolutions by the Committee.
| Article 12 (Vicarious Execution of Survey and Research Projects) |
CHAPTER II KOREA WORKERS' COMPENSATION AND WELFARE SERVICE
| Article 13 Deleted. <by Presidential Decree No. 22101, Mar. 26, 2010> |
| Article 14 (Approval of Budgets and Operational Plans) |
| (1) | If the Korea Workers' Compensation and Welfare Service under Article 10 of the Act (hereinafter referred to as the "Service") seeks to obtain approval from the Minister of Employment and Labor concerning its budget for the following fiscal year pursuant to Article 25 (1) of the Act, it shall submit a budget request and a business prospectus based on the budget to the Minister of Employment and Labor before commencement of the following fiscal year. <Amended by Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | If the Service seeks to obtain approval from the Minister of Employment and Labor concerning an operational plan pursuant to Article 25 (1) of the Act, it shall formulate the operational plan and submit it to the Minister of Employment and Labor without delay after the budget approved under paragraph (1) is confirmed. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | If the Service seeks to modify a budget or an operational plan approved under paragraphs (1) and (2), it shall submit a document specifying the grounds for and contents of such modification to the Minister of Employment and Labor to obtain his/her approval. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 15 (Submission of (Balance Sheet of) Settlement of Accounts) |
When the Service submits a (balance sheet of) settlement of accounts to the Minister of Employment and Labor under Article 25 (2) of the Act, it shall be accompanied by the following documents: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | The financial statements (including written audit opinions expressed by a certified public accountant or an accounting firm) and all documents annexed thereto; |
| 2. | Other documents necessary for clarifying the contents of the statement of accounts. |
| Article 16 (Approval of Regulations of the Service) |
When the Service seeks to formulate or amend its regulations governing the following matters, it shall obtain approval from the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| 1. | Matters concerning its organization and prescribed number of personnel; |
| 2. | Matters concerning the administration and remuneration of its officers and employees; |
| 3. | Matters concerning its accounting; |
| 4. | Other important matters concerning its operation, insurance business and labor welfare services. |
| Article 17 (Application for Approval on Borrowing of Funds, etc.) |
| (1) | If the Service seeks to obtain approval to borrow funds under Article 27 (1) of the Act, it shall submit to the Minister of Employment and Labor an application for approval specifying the following: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Reason for the borrowing; |
| 2. | Source of the borrowing; |
| 3. | Amount of the borrowed money; |
| 4. | Conditions of the borrowing; |
| 5. | Method and period of repayment of the borrowed money; |
| 6. | Other matters necessary for the borrowing and repayment of the funds. |
| (2) | If the Service seeks to obtain approval on appropriation by bringing in funds from the Industrial Accident Compensation Insurance and Prevention Fund under Article 27 (2) of the Act, it shall submit to the Minister of Employment and Labor an application for approval specifying the grounds for and the amount of the appropriation by bringing in funds, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 18 (Delegation of Representative Authority of President of the Service) |
| (1) | The scope of the business of the Service over which the representative authority of the president of the Service may be delegated to the heads of its branch offices (hereinafter referred to as "affiliated agencies") under Article 29 (1) of the Act shall be as set out in attached Table 1. |
| (2) | Notwithstanding the delegation of representative authority of the president of the Service under paragraph (1), the representative authority over litigation proceedings to which the Service is a party, requests for appeal under the Administrative Appeals Act, and requests for examination under the Board of Audit and Inspection Act shall rest with the president of the Service. |
| Article 19 (Entrustment of Business) |
| 1. | Matters concerning the payment of insurance benefits; |
| 2. | Business incidental to the matters referred to in subparagraph 1. |
| (2) | When the Service has entrusted its business pursuant to paragraph (1), it may pay fees for the entrustment to the person entrusted with such business. |
| Article 20 (Investment, etc.) |
If the Service seeks to make any investment or contribution under Article 32 (1) of the Act, it shall submit to the Minister of Employment and Labor an application specifying each of the following to obtain his/her approval: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | Necessity of the investment or contribution; |
| 2. | Kinds and values of the assets to be invested or contributed; |
| 3. | Outline of the business; |
| 4. | Other matters necessary for the investment or contribution. |
CHAPTER III INSURANCE BENEFITS
SECTION 1 Standards for Insurance Benefits
| Article 21 (Requests for Insurance Benefits, Notification of Decision, etc.) |
| (1) | A person who intends to receive any of the following insurance benefits pursuant to Article 36 (2) of the Act shall file a respective application or request for each of the insurance benefits with the Service: <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| 1. | Temporary disability compensation benefits; |
| 2. | Lump-sum disability compensation benefits or disability compensation annuities (including lump-sum payments prescribed in Article 57 (5) of the Act); |
| 3. | Constant attendance benefits; |
| 4. | Lump-sum survivors' compensation benefits or survivors' compensation annuities (including lump-sum payments prescribed in Article 62 (4) of the Act); |
| 5. | Injury-disease compensation annuities; |
| 7. | Vocational rehabilitation benefits; |
| 8. | Pneumoconiosis compensation annuities; |
| 9. | Pneumoconiosis survivors' annuities. |
| (2) | Upon receiving an application or request for insurance benefits under paragraph (1), the Service shall decide whether to pay the insurance benefits, details of payment, etc., and notify a person who has filed such application or request thereof. |
| (3) | If the Service decides to pay a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity, it shall deliver an annuity certificate to an eligible beneficiary. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| Article 22 (Increase or Decrease of Average Wage) |
| (1) | The standards for and methods of computing the fluctuation rate of the average amount of the entire employees' wages and the fluctuation rate of consumer price index under Article 36 (3) and (4) of the Act shall be as set out in attached Table 2. |
| (2) | An increase or decrease of the average wage under Article 36 (3) of the Act may be made upon request of the eligible beneficiary of insurance benefits or by virtue of the authority of the Service. |
| Article 23 (Scope of Employees in Unusual Type of Employment) |
“Where it is deemed inappropriate to apply the average wage to the relevant employee due to his/her unusual type of work as prescribed by Presidential Decree” in Article 36 (5) of the Act means any of the following: | 1. | Where applying the average wage to an employee who is employed on a daily basis or paid daily pay (referring to a wage paid as a reward for achieving the set number of working hours for one day; hereinafter the same shall apply) for the number of days of service (hereinafter referred to as "daily hire employee"): Provided, That if a daily hire employee falls under any of the following, he/she shall not be deemed a daily hire employee: |
| (a) | Where his/her employment relations have continued for three months or more; |
| (b) | Where his/her type of employment is deemed similar to that of a regular employee, after comprehensive consideration is given to the working conditions, type of employment contracts, specific employment conditions, etc. of the relevant employee and other daily hire employees engaged in the same kind of job in the same business as the said employee; |
| 2. | Where applying the average wage to a part-time employee defined in subparagraph 8 of Article 2 of the Labor Standards Act (excluding daily hire employees; hereinafter referred to as “part-time employee”), who works for two or more businesses (businesses operated by a policy holder of the occupational health and safety insurance provided in Article 5 (3) and (4), and Article 6 (2) and (3), of the Insurance Premium Collection Act). |
| Article 24 (Method of Calculation of Average Wage for Employees in Unusual Type of Employment) |
| (1) | “An amount calculated according to the calculation method prescribed by Presidential Decree” in Article 36 (5) of the Act means an amount calculated as follows: <Amended by Presidential Decree No. 27050, Mar. 22, 2016> |
| 1. | Where falling under subparagraph 1 of Article 23: An amount calculated by multiplying the daily wage of the relevant daily hire employee by the working day coefficient announced by the Minister of Employment and Labor after taking into account the number of days of actual service by the daily hire employee for a month, etc. (hereinafter referred to as "ordinary working day coefficient"); |
| 2. | Where falling under subparagraph 2 of Article 23: An amount calculated by dividing the aggregate of the wages that the relevant part-time employee received in the business where the accident occurred during the average wage calculation period and the wages he/she received in other businesses during the same period, by the number of days of the relevant period. |
| (2) | A daily hire employee who has worked for the business for no less than one month as of the date of occurrence of the cause for calculating the average wage may apply to the Service for exclusion from the application of the computation method referred to in paragraph (1) 1 by submitting the application together with documents proving the actual wage and number of days of service, if it is not appropriate to take the amount calculated according to the computation method referred to in paragraph (1) 1 as the average wage, in light of the actual wage or number of days of service. <Amended by Presidential Decree No. 27050, Mar. 22, 2016; Presidential Decree No. 28506, Dec. 26, 2017> |
| (3) | When a part-time employee applies for insurance benefits pursuant to Article 36 (2) of the Act, he/she shall submit documents evidencing the fact that he/she was employed in a business other than the business where the accident occurred, and his/her working hours and wages, to the Service. <Newly Inserted by Presidential Decree No. 27050, Mar. 22, 2016> |
| Article 25 (Special Cases on Calculating Average Wages for Persons with Occupational Diseases) |
| (1) | "Any work-related disease prescribed by Presidential Decree, such as pneumoconiosis" in Article 36 (6) of the Act means any occupational disease specified in Article 37 (1) 2 of the Act (hereafter in this Article referred to as "occupational disease"), falling under any of the following diseases (hereinafter referred to as "work-related disease"). In such cases, any acute disease that occurs due to temporary exposure to large amounts of harmful or hazardous elements shall be excluded herefrom: <Amended by Presidential Decree No. 22492, Nov. 15, 2010; Presidential Decree No. 24651, Jun. 28, 2013> |
| 2. | Any of the diseases described in subparagraphs 2 (a) and (b), 3 (a) through (g), (i) through (k), 4, 5, 6 (a) through (c), and 6 (e), (i), and (k), 7 (e) through (j), 8, 9, 10, 11 (b) through (g), 11 (h) (i) and (ii), and 12 (b) through (d), as specified in attached Table 3; |
| 3. | Any other disease which results from long-term exposure to harmful or hazardous elements or is medically recognized as having occurred after a latent period after exposure to harmful or hazardous elements. |
| (2) | "Amount computed according to the calculation method prescribed by Presidential Decree" in Article 36 (6) of the Act means an amount calculated in accordance with the following classification: <Amended by Presidential Decree No. 22492, Nov. 15, 2010; Presidential Decree No. 24177, Nov. 12, 2012> |
| 1. | In cases of a work-related disease specified in paragraph (1) 1: An amount publicly announced each year by the Minister of Employment and Labor, taking into consideration the average wage of all employees under Article 26 (1), based on the date the relevant work-related disease is confirmed; |
| 2. | In cases of a work-related disease specified in paragraph (1) 2 or 3: According to the details of a survey on labor force in business establishments prepared by the Minister of Employment and Labor, as part of designated statistics defined in subparagraph 2 of Article 3 of the Statistics Act (hereinafter referred to as "survey on labor force in business establishments"), an amount obtained by dividing the amount calculated by aggregating monthly average wages of employees, who are similar to another employee with the relevant work-related disease in terms of gender, the type of occupation, and the type and scale of the business to which they belong, for one year until the end of the second quarter before the quarter in which the work-related disease of the relevant employee is confirmed, by the total number of days during that period. In such cases, the criteria for determining similar employees in terms of gender, the type of occupation, and the type and scale of the business to which they belong, shall be prescribed by the Service. |
| (3) | The day a work-related disease referred to in paragraph (2) is confirmed, shall be the date of issuance of a medical certificate or medical opinion issued as at the time it is confirmed that such work-related disease is eligible for the payment of insurance benefits: Provided, That if time and medical continuity exists between the examination, treatment, etc., of such work-related disease and the issuance of the medical certificate or medical opinion, it shall be the date on which the medical care begins: <Amended by Presidential Decree No. 24651, Jun. 28, 2013; Presidential Decree No. 27050, Mar. 22, 2016> |
| 1. | and 2. Deleted. <by Presidential Decree No. 27050, Mar. 22, 2016> |
| (4) | Deleted. <by Presidential Decree No. 22492, Nov. 15, 2010> |
| (5) | In applying Article 36 (6) of the Act, where a work-related disease specified in paragraph (1) 2 or 3 is confirmed after the shutdown or closure of the business to which the employee belongs (including where the employee has retired before the business shutdown or closure), an amount obtained by increasing or decreasing the amount calculated pursuant to paragraph (2) 2 on the basis of the date of shutdown or closure of the business in accordance with subparagraph 1 of attached Table 2, until the date on which the work-related disease specified in paragraph (1) 2 or 3 is confirmed, shall be deemed the average wage of the employee. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (6) | The special exception to the calculation of average wages referred to in Article 36 (6) of the Act, may be applied at the request of an eligible beneficiary of insurance benefits or in the discretion of the Service. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| Article 26 (Methods of Calculating Maximum and Minimum Standard Amounts of Compensation) |
| (1) | The average amount of the entire employees' wages, which forms the basis for calculating the maximum standard amount of compensation (hereinafter referred to as "maximum standard amount of compensation") and the minimum standard amount of compensation (hereinafter referred to as "minimum standard amount of compensation") referred to in Article 36 (7) of the Act shall be an amount obtained by dividing the total average monthly wages of every employee from July 1st of the insurance year before the previous insurance year to June 30th of the previous insurance year by 365 (or 366 if the month of February in the calculation period has 29 days) according to a survey on labor force in business establishments. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| (2) | When calculating the maximum and minimum standard amounts of compensation, amounts of less than one won shall be discarded. |
| (3) | The application period for the maximum and minimum standard amounts of compensation shall be from January 1 to December 31 of the relevant insurance year. |
SECTION 2 Standards for Recognition of Occupational Accidents
| Article 27 (Accidents in the Course of Duty) |
| (1) | An accident that happens while an employee is carrying out any of the following acts shall be deemed an accident on duty under Article 37 (1) 1 (a) of the Act: |
| 1. | Performing his/her duties in accordance with his/her employment contract; |
| 2. | Physiologically necessary acts, such as using the toilet, in the course of performing his/her duties; |
| 3. | Preparing for or finishing up work and other necessary acts incidental to his/her duties; |
| 4. | Acts expected as a social norm, such as providing emergency refuge or rescue arising from an unexpected accident which happens inside the workplace, such as a natural disaster or fire. |
| (2) | An accident that happens while an employee is performing his/her duties outside the workplace by following instructions from the employer shall be deemed an accident on duty under Article 37 (1) 1 (a) of the Act: Provided, That an accident that happens while the employee is carrying out an act in violation of specific instructions from the employer or any private act or is off his/her normal business travel course shall not be deemed an accident on duty. |
| (3) | An accident that happens to an employee, in relation to his/her work, who has no fixed place of work because of the nature of his/her duties from the time when he/she starts to work after first arriving at the place of work until he/she leaves work after finally completing work shall be deemed an accident on duty under Article 37 (1) 1 (a) of the Act. |
| Article 28 (Accidents Due to Defects, etc. in Facilities, etc.) |
| (1) | Any accident that happens due to any defect in, or careless management of, facilities, equipment, vehicles, etc. (hereafter in this Article referred to as "facilities, etc.") provided by an employer shall be deemed an accident on duty under Article 37 (1) 1 (b) of the Act. |
| (2) | An accident that happens due to the use of facilities, etc. provided by an employer in violation of specific instructions from the employer and an accident that happens during the management or use of the facilities, etc. of which management or use lies in the entire and exclusive responsibility of an employee shall not be deemed an accident on duty under Article 37 (1) 1 (b) of the Act. |
| Article 29 Deleted. <by Presidential Decree No. 28506, Dec. 26, 2017> |
| Article 30 (Accidents During Events) |
If an employee's participation in various events, such as sports events, picnics, and hiking (hereinafter referred to as "events"), is deemed necessary for labor management or business operation by social norms and falls under any of the following cases, an accident that occurs during his/her participation in any of such events (including preparation and rehearsal for such events) shall be deemed an accident on duty under Article 37 (1) 1 (d) of the Act: | 1. | Where the employer recognizes hours spent by the employee participating in the event as hours worked; |
| 2. | Where the employer orders the employee to participate in the event; |
| 3. | Where the employee participates in the event after obtaining approval from the employer in advance; |
| 4. | Other cases equivalent to subparagraphs 1 through 3 where the employer has usually and customarily recognized the employee's participation in the event. |
| Article 31 (Accidents in Particular Places) |
An accident that happens due to a natural disaster, such as a typhoon, flood, earthquake and avalanche, or an unexpected incident, while an employee is doing an act deemed possible to do in the workplace by social norms shall be deemed an accident on duty under Article 37 (1) 1 (f) of the Act, except when it is obvious that the accident happens while the employee is engaging in an act not related to his/her work, such as a private act or leaving the office.
| Article 32 (Accidents During Medical Care) |
If any of the following accidents occurs to an employee who is receiving medical care for an occupational injury or disease, the accident shall be deemed an accident on duty under Article 37 (1) 1 (f) of the Act: | 1. | A medical accident that occurs in relation to medical care benefits; |
| 2. | An accident that occurs in relation to medical care for an occupational injury or disease at the industrial accident insurance-related medical institution where the employee is receiving medical care (where the employee receives emergency treatment, etc. at a medical institution other than the industrial accident insurance-related medical institutions, such medical institution). |
| Article 33 (Accidents Caused by Third Party's Acts) |
If a third party’s act causes an accident to inflict an injury to an employee and the employee’s job tends to cause a third party’s harmful act, such accident shall be deemed an occupational accident defined in Article 37 (1) 1 (f) of the Act.
| Article 34 (Standards for Recognition of Occupational Diseases) |
| 1. | The employee has ever handled, or been exposed to, harmful or hazardous elements while performing his/her duties; |
| 2. | The disease is deemed capable of arising in light of the hours of work for which the employee has handled or been exposed to harmful or hazardous elements, the period of engaging in such work, work environments, etc.; |
| 3. | The fact that the employee's exposure to or handling of harmful or hazardous elements has caused the disease should be medically recognized. |
| (2) | If a disease developed in an employee suffering from an occupational injury meets each of the following conditions, the disease shall be deemed an occupational disease under Article 37 (1) 2 (b) of the Act: |
| 1. | The causal relationship between the occupational injury and the disease should be medically recognized; |
| 2. | The underlying illness or existing disease should not be a naturally occurring symptom. |
| (3) | The specific criteria for the recognition of occupational diseases (excluding pneumoconiosis) under paragraphs (1) and (2) are as set out in attached Table 3. |
| (4) | When deciding whether to recognize an employee's occupational disease or death caused by an occupational disease, the Service shall take into account the employee's sex, age, health, physical constitution, etc. |
| Article 35 (Accidents During Commute to or from Work) |
| (1) | If an accident that happens while an employee is commuting to or from work meets all of the following conditions, it shall be deemed an accident on commuting under Article 37 (1) 1 (a) of the Act: |
| 1. | The accident should happen while the employee is using the means of transportation provided by an employer for the employee's commute to and from work or can be regarded as being provided by the employer; |
| 2. | The employee should not have the entire and exclusive responsibility to manage or use the means of transportation used for his/her commute to and from work. |
| (2) | “Action necessary for daily life which has any reason prescribed by Presidential Decree” in the proviso to Article 37 (3) of the Act means any of the following reasons: |
| 1. | To purchase articles necessary for daily life; |
| 3. | To exercise rights to vote or rights for national referendum; |
| 4. | To take a child or disabled person whom an employee practically protects to a nursery institution or educational institution, or bring him/her from the relevant institution; |
| 5. | To receive treatment for the purpose of therapy or prevention of diseases from a medical institution or public health clinic; |
| 6. | To care a family member who is under medical care in a medical institution among those who need care of an employee; |
| 7. | Any other action which conforms to the provisions of subparagraphs 1 through 6 and is deemed necessary for daily life by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 28506, Dec. 26, 2017]
| Article 35-2 (Type of Work Excluded from Application of Accidents on Commuting) |
"Type of work prescribed by Presidential Decree that does not have a regular route and method" in Article 37 (4) of the Act means a case where a person who engages in any of the following types of work (referring to a person who has purchased an insurance policy designating himself/herself or his/her survivors as the insured under Article 124 of the Act and does not employ any employee) has a garage in his/her residence for a motor vehicle, etc. used for business: | 2. | Owner-driven taxi transport business under subparagraph 2 (d) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act; |
| 3. | Delivery operation performed by a person falling under Article 122 (1) 2 (d). |
[This Article Newly Inserted by Presidential Decree No. 28506, Dec. 26, 2017]
| Article 36 (Standards for Recognition of Occupational Accidents Due to Self-Harm) |
"Any of the grounds as prescribed by Presidential Decree" in the proviso to Article 37 (2) of the Act refers to a case falling under any of the following: | 1. | Where a person who received or is receiving medical treatment for mental illness arising from a work-related ground does self-harm in a state of mental disorder; |
| 2. | Where a person who is receiving medical care due to an occupational accident does self-harm in a state of mental disorder caused by the occupational accident; |
| 3. | Other cases where the fact that self-harm is done in a state of mental disorder due to a work-related ground is medically recognized. |
| Article 37 (Presumption of Death) |
| 1. | Where an accident occurs in which a ship is sunk, capsized, destroyed or missing, or an airplane is crashed, destroyed or missing, and the life or death of an employee on board the ship or airplane is unknown for three months after the occurrence of the accident; |
| 2. | Where an employee on board a ship or an airplane in transit is missing, and his/her life or death is unknown for three months after he/she goes missing; |
| 3. | Where the life or death of an employee who happens to be on the scene of a natural disaster, fire, collapse of a structure, etc. or other accident of any kind is unknown for three months from the date of the occurrence of the accident. |
| (2) | Any person who is presumed to be dead under paragraph (1) shall be presumed to have died on the date the accident occurs or he/she goes missing. |
| (3) | Even in cases where a person whose life or death is unknown due to any of the grounds referred to in the subparagraphs of paragraph (1) is confirmed to be dead within three months after the accident occurs or he/she goes missing, but the time of his/her death is obscure, he/she shall be presumed to be dead on the date referred to in paragraph (2). |
| (4) | If any of the grounds referred to in the subparagraphs of paragraph (1) occurs, or the death is confirmed (including where the death is presumed under paragraph (3)), a policyholder shall submit without delay a report on the confirmation of the missing or death of the employee concerned to the Service. |
| (5) | If the survival of an employee is confirmed after the payment of insurance benefits under Article 39 (1) of the Act, the person who has received the insurance benefits and the policyholder shall make a report on the confirmation of the employee's survival to the Service, within fifteen days after the survival is confirmed. |
| (6) | If the survival of an employee is confirmed, the Service shall notify the person who has received the insurance benefits that he/she should pay the amount referred to in Article 39 (2) of the Act. |
| (7) | A person who is given notification pursuant to paragraph (6) shall pay the notified amount to the Service within thirty days after he/she is given the notification. |
SECTION 3 Medical Care Benefits, etc.
| Article 38 (Claims, etc. for Medical Care Expenses) |
| (1) | The medical care expenses to be received by an eligible beneficiary pursuant to the proviso to Article 40 (2) of the Act shall be as follows: |
| 1. | Medical care expenses incurred in cases where the eligible beneficiary receives urgent medical care, such as emergency treatment, at a medical institution other than the industrial accident insurance-related medical institutions referred to in Article 43 (1) of the Act (hereinafter referred to as "industrial accident insurance-related medical institutions"); |
| 2. | Expenses incurred in relation to any of the following medical care benefits (limited to cases where such medical care benefits are not provided by industrial accident insurance-related medical institutions): |
| 3. | Other medical care expenses deemed as justifiable by the Service. |
| (2) | A person who intends to receive the medical care expenses referred to in paragraph (1) shall file the claim with the Service. |
| (3) | If it is urgent or there are other extenuating circumstances, the Service may pay in advance expenses incurred for the transfer referred to in Article 40 (4) 7 of the Act after receiving the claim from the employee concerned. |
| Article 39 (Imposition and Payment of Penalty Surcharges, and Criteria therefor) |
| (1) | If the Service seeks to impose a penalty surcharge pursuant to Article 44 (1) of the Act, it shall investigate and confirm the offense and then notify the person subject to such imposition that he/she should pay such penalty surcharge, specifying the fact of the offense, amount of the penalty surcharge, methods and period for filing an objection, etc. |
| (2) | The person notified pursuant to paragraph (1) shall pay the penalty surcharge to an agency designated by the Service within 20 days after receiving the notification: Provided, That in cases where he/she is unable to pay the penalty surcharge within the said period for a natural disaster or any other extenuating circumstance, he/she shall pay the penalty surcharge within seven days after the ground ceases to exist. |
| (3) | The agency which has received a penalty surcharge pursuant to paragraph (2) shall issue a receipt to the person who pays the penalty surcharge. |
| (4) | The agency responsible for receiving penalty surcharges shall, upon receiving a penalty surcharge pursuant to paragraph (2), inform the Service of the receipt without delay. |
| (5) | The criteria for the imposition of penalty surcharges by type, gravity, etc. of the offenses referred to in Article 44 (2) of the Act shall be as set out in attached Table 5. |
| Article 40 (Submission of Medical Treatment Plans) |
| (1) | An industrial accident insurance-related medical institution shall include, in its medical treatment plan referred to in Article 47 (1) of the Act (hereinafter referred to as "medical treatment plan"), each of the following: |
| 1. | Name of the injury or disease the employee is suffering from due to an occupational accident; |
| 2. | Progress in, details of the treatment of, and current state of, the injury or disease suffered by the employee; |
| 3. | Medical necessity for extending the period of medical care; |
| 4. | Methods, contents and scheduled period of future treatment, such as in-hospital treatment, outpatient treatment, or treatment while in employment; |
| 5. | Other matters necessary for the treatment of the employee. |
| (2) | An industrial accident insurance-related medical institution shall prepare a medical treatment plan as provided under paragraph (1) on a three-monthly basis (on a yearly basis if the injury or disease requires long-term medical care lasting one year or longer due to its characteristics and is the one determined by the Service) and submit it to the Service at least seven days before the end of the previous medical care period (referring to the changed medical care period if the Service makes changes pursuant to Article 41 (2) 1). |
| Article 41 (Examination of Medical Treatment Plans and Measures to Change) |
| (1) | When the Service examines a medical treatment plan pursuant to Article 47 (2) of the Act, it may seek advice from an advisory doctor under Article 42 or submit the plan to a panel of advisory doctors under Article 43 for deliberation. |
| 1. | Termination of treatment or reduction of scheduled treatment period; |
| 2. | Changes to treatment methods, such as hospitalization and outpatient treatment; |
| 4. | Other changes to medical treatment plans. |
| (3) | If the Service seeks to take any of the measures referred to in paragraph (2) with regard to a medical treatment plan, it shall notify the employee and industrial accident insurance-related medical institution concerned of the plan's contents. |
| Article 42 (Advisory Doctors) |
| (1) | The Service may commission or appoint doctors, dentists or oriental medical doctors (including doctors, dentists or oriental medical doctors who are employees of the Service) as advisory doctors in order to seek medical advice necessary for making decisions on the payment of insurance benefits, medical expenses, medicine expenses, etc. resulting from occupational accidents or for other insurance affairs. |
| (2) | Necessary matters concerning qualifications for advisory doctors under paragraph (1) (hereinafter referred to as "advisory doctors") and procedures, etc. for the commissioning and appointment thereof shall be determined by the Service. |
| Article 43 (Panel of Advisory Doctors) |
| (1) | The Service shall have a panel of advisory doctors under its affiliated agency to give systematic advice on decisions on the payment of insurance benefits, medical expenses, medicine expenses, etc. resulting from occupational accidents and on matters requiring medical determinations otherwise in relation to insurance affairs. |
| (2) | The panel of advisory doctors shall be comprised of five advisory doctors or more. |
| (3) | The panel of advisory doctors shall deliberate on the following matters which need medical determinations, in response to a request for advice by the Service: |
| 1. | Whether to terminate treatment for an employee receiving medical care (limited to cases where there is a difference of medical opinion regarding the termination of treatment between a doctor in charge and an advisory doctor); |
| 3. | Medical opinions regarding calculation of the amount of lump-sum insurance benefits referred to in Article 72; |
| 4. | Medical opinions regarding adjudication or determination referred to in the proviso to Article 118 (4); |
| 5. | Other matters concerning insurance benefits, medical expenses and medicine expenses, of which deliberation by the panel of advisory doctors deemed necessary by the head of an affiliated agency of the Service. |
| (4) | Matters necessary for the constitution and operation of the panel of advisory doctors shall be determined by the Service. |
| Article 44 (Transfer to Another Medical Institution) |
"Procedures prescribed by Presidential Decree" in Article 48 (1) 4 of the Act refer to the procedures for deliberation by the panel of advisory doctors.
| Article 45 (Additional Injury or Disease) |
Any injury or disease resulting from an accident during medical care under Article 32 shall be deemed an additional injury or disease under Article 49 of the Act for the purposes of applying for medical care benefits.
| Article 46 (Industrial Accident Insurance-Related Medical Institutions Subject to Evaluation) |
| (1) | "Medical institutions prescribed by Presidential Decree" in the former part of Article 50 (1) of the Act refer to industrial accident insurance-related medical institutions referred to in Article 43 (1) 3 of the Act: Provided, That evaluation of a medical institution with certification of a medical institution under Article 58 of the Medical Service Act shall be conducted only for such categories as the quality of medical care in respect of occupational accidents, which shall be excluded from the evaluation under the aforesaid Act. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| (2) | The Service may select medical institutions to receive an evaluation from among industrial accident insurance-related medical institutions subject to evaluation pursuant to paragraph (1), after taking into consideration their human resources, facilities, size, records of medical treatment for employees suffering from occupational accidents, amount of medical expenses claimed, outcomes of previous evaluations, etc. regarding medical care benefits, etc. |
| Article 47 (Evaluation Methods, etc. for Industrial Accident Insurance-Related Medical Institutions) |
| (1) | Methods of evaluating industrial accident insurance-related medical institutions under Article 50 of the Act shall be either on-site evaluation or written evaluation. In such cases, industrial accident insurance-related medical institutions selected for on-site evaluation shall be so notified in advance. |
| (2) | The evaluation criteria for industrial accident insurance-related medical institutions are as follows: |
| 1. | Manpower, facilities, and equipment; |
| 2. | Content and quality of medical service; |
| 3. | Levels of satisfaction of employees who have received medical care; |
| 4. | Records of medical treatment for employees suffering from occupational accidents; |
| 5. | Other matters concerning the quality of medical care for employees suffering from occupational accidents. |
| (3) | Details necessary for the evaluation under paragraph (2) shall be determined by the Service. |
| Article 48 (Requirements and Procedures for Additional Medical Care) |
| (1) | Additional medical care under Article 51 of the Act (hereinafter referred to as "additional medical care") shall be acknowledged in cases of receiving medical care benefits (or disability benefits in the case of injuries or diseases for which disability benefits rather than medical care benefits have been received) for occupational injuries or diseases, which satisfy all of the following requirements: |
| 1. | There should be a proximate causal relationship between the occupational injury or disease cured and the injury or disease subject to additional medical care; |
| 2. | The state of the injury or disease subject to additional medical care has deteriorated compared with the sate at the time of cure and the deterioration is not caused by age or other reasons unrelated to work; |
| 3. | Active treatments, such as surgical operations (including operations to remove a fixed object from the body or reoperations on mutilated parts in order to attach artificial limbs), are deemed necessary for improving the state of the injury or disease subject to additional medical care; |
| 4. | The injury or disease subject to additional medical care is expected to be treatable by the additional medical care. |
| (2) | A person who intends to receive additional medical care shall apply for additional medical care to the Service as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
SECTION 4 Temporary Disability Compensation Benefits
| Article 49 (Requirements for Partially Temporary Disability Compensation Benefits) |
A person who intends to receive partially temporary disability compensation benefits under Article 53 of the Act shall meet all of the following requirements: | 1. | The person should be employed in a fixed business, engaged in fixed job duties and has fixed working hours while receiving medical care; |
| 2. | There should be a doctor's opinion that the employee's employment will neither delay the cure of, nor aggravate, his/her injury or disease. |
| Article 50 (Procedures for Partially Temporary Disability Compensation Benefits) |
| (1) | A person who intends to receive partially temporary disability compensation benefits shall file a claim with the Service with the documents prescribed by Ordinance of the Ministry of Employment and Labor attached thereto. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Upon receipt of the claim referred to in paragraph (1), the Service shall decide whether to make the payment after taking into consideration the employee's state of injury or disease, job duties, working hours, etc., and inform the employee of the decision. |
| Article 51 (Grace Period on Payment of Reduced Amount of Temporary Disability Compensation Benefits for the Aged) |
"Period as prescribed by Presidential Decree" in the proviso to Article 55 of the Act refers to the two-year period beginning on the date of commencement of medical care due to an occupational accident.
| Article 52 (Date of Occurrence of Causes for Calculating Average Wage Due to Additional Medical Care) |
"Date of the occurrence of a cause for calculating the average wage" in the latter part of Article 56 (1) of the Act refers to any of the following days: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | The day when the injury or disease subject to additional medical care is diagnosed as requiring the additional medical care: Provided, That if there is time or medical continuity between the examination or treatment of the injury or disease subject to additional medical care prior to the diagnosis and the diagnosis recognized as subject to additional medical care, the day of commencing such examination or treatment; |
| 2. | In the case of a disease for which determination should be made as to whether it is subject to additional medical care according to the procedures prescribed by Ordinance of the Ministry of Employment and Labor because of the characteristics of the disease, the date of issuance of the medical certificate or medical opinion available at the time of applying for such determination. |
SECTION 5 Disability Benefits
| Article 53 (Standards, etc. for Disability Grades) |
| (1) | The standards for disability grades referred to in Article 57 (2) of the Act shall be as provided in attached Table 6. In such cases, detailed criteria for the determination of disability grades for each part of the body shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | If there are two or more disabilities meeting the standards for disability grades prescribed in attached Table 6, the disability grade for the employee concerned shall be that of the more severe disability, and if there are two or more disabilities of grade 13 or higher, the disability grade of the employee concerned shall be that adjusted according to the following classification: Provided, That if the disability grade is numerically higher than grade 1 as a result of the adjustment, grade 1 shall be the disability grade of the employee concerned, and if the grade of the disability is deemed obviously weaker than the grade of other disabilities set forth for the adjusted grade, the grade just below the adjusted grade shall be the disability grade of the employee concerned: |
| 1. | If there are two or more disabilities of grade 5 or higher, the grade shall be adjusted upwards by three; |
| 2. | If there are two or more disabilities of grade 8 or higher, the grade shall be adjusted upwards by two; |
| 3. | If there are two or more disabilities of grade 13 or higher, the grade shall be adjusted upwards by one. |
| (3) | If there is a disability not prescribed in attached Table 6, the grade of a similar disability in the said Table shall be the grade of the disability. |
| (4) | If the condition of a certain body part of a person with a preexisting disability becomes worse due to an occupational injury or disease, the amount of disability benefits for such aggravated disability shall be calculated on the basis of the number of payment days for lump-sum disability compensation benefits or disability compensation annuities by grade of disability as set out in attached Table 2 of the Act in accordance with the following classification: |
| 1. | When the benefits are paid as lump-sum disability compensation: The amount obtained by multiplying the average wage at the time of the occurrence of the cause for claiming the payment of the benefits by the number of payment days for lump-sum disability compensation benefits corresponding to the aggravated disability minus the number of payment days for lump-sum disability compensation benefits corresponding to the existing disability; |
| 2. | When the benefits are paid as disability compensation annuity: The amount obtained by multiplying the average wage at the time of payment of the annuity by the number of payment days for disability compensation annuities corresponding to the aggravated disability minus the number of payment days for disability compensation annuity benefits corresponding to the existing disability (if the existing disability falls under any of grades 8 through 14, the number of payment days for lump-sum disability compensation benefits corresponding to such disability multiplied by 22.2/100). |
| (5) | "Such disability grade prescribed by Presidential Decree as a complete loss of work ability" in the proviso to Article 57 (3) of the Act refers to any of disability grades 1 to 3 set forth in attached Table 6. |
| (6) | A person who intends to receive a lump-sum payment pursuant to Article 57 (5) of the Act shall make a claim to the Service. |
| Article 54 (Interest Rate for Disability Compensation Annuities Paid in Advance) |
If a disability compensation annuity is paid in advance pursuant to Article 57 (4) of the Act, the payment shall be made after subtracting 2/100 of the annuity to be paid in advance.
| Article 55 (Persons Subject to Re-Determination of Disability Grades, etc.) |
| (1) | Any of the following beneficiaries of disability compensation annuities or pneumoconiosis compensation annuities shall be subject to the re-determination of a disability grade or pneumoconiosis disability grade under Article 59 (3) of the Act (hereinafter referred to as "disability grade"): <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| 1. | Where the eligible beneficiary has at least one disability eligible for disability compensation annuities, which falls under subparagraph 3 of grade 1, subparagraph 5 of grade 2, subparagraph 3 of grade 3, subparagraph 8 of grade 5, subparagraph 4 of grade 7, subparagraph 15 of grade 9, or subparagraph 15 of grade 12 set forth in attached Table 6; |
| 2. | Where the eligible beneficiary has at least one disability eligible for disability compensation annuities, which falls under subparagraph 5 of grade 6, subparagraph 14 of grade 7, subparagraph 2 of grade 8, subparagraph 17 of grade 9, subparagraph 8 of grade 10, subparagraph 7 of grade 11, or subparagraph 16 of grade 12 set forth in attached Table 6 (limited to cases where the disability grade is determined based on spinal nerve root disorder); |
| 3. | Where the eligible beneficiary has at least one disability eligible for disability compensation annuities, which falls under subparagraph 6 or 8 of grade 1, subparagraph 6 of grade 4, subparagraph 4 or 5 of grade 5, subparagraph 6 or 7 of grade 6, subparagraph 7 or 11 of grade 7, subparagraph 4, 6, or 7 of grade 8, subparagraph 11 or 13 of grade 9, subparagraph 10, 13, or 14 of grade 10, subparagraph 9 or 10 of grade 11, subparagraph 9, 10, 12, or 14 of grade 12, or subparagraph 8 or 11 of grade 13 set forth in attached Table 6 (limited to cases where the disability grade is determined based on the motor functions of body joints); |
| 4. | Where the eligible beneficiary is left with pneumoconiosis disabilities eligible for pneumoconiosis compensation annuities, falling under any grade between grades 1 through 7 under subparagraph 2 of attached Table 11-2; |
| 5. | Where the eligible beneficiary has disabilities referred to in Article 53 (3), which are subject to disability compensation annuities and include at least one disability referred to in subparagraphs 1 through 3. |
| (2) | Notwithstanding the provisions of paragraph (1), if the final disability grade of the eligible beneficiary of a disability compensation annuity has not changed because of his/her other disabilities even though the grades of some of his/her disabilities have changed pursuant to any subparagraph of paragraph (1), he/she shall be excluded from beneficiaries subject to re-determination of disability grades. |
| Article 56 (Period, etc. for Re-determination of Disability Grades, etc.) |
| (1) | The re-determination of a disability grade under Article 59 of the Act shall be made within one year after the lapse of two years from the date when the decision to pay a disability compensation annuity or pneumoconiosis compensation annuity is rendered. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (2) | Notwithstanding the provisions of paragraph (1), if a person subject to re-determination of a disability grade receives additional medical care, such re-determination shall be made within one year after the lapse of two years from the date when he/she is cured after the additional medical care (or the date when the decision to pay a disability compensation annuity or pneumoconiosis compensation annuity is rendered according to a change of the disability grade, as the case may be). <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (3) | If the Service seeks to redetermine a disability grade pursuant to paragraph (1) or (2), it shall require a person subject to re-determination to undergo a medical examination under Article 117 (1) 2. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (4) | A person who intends to have his/her disability grade redetermined pursuant to Article 59 (1) of the Act shall file an application with the Service, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22492, Nov. 15, 2010> |
| (5) | If the Service seeks to redetermine a disability grade, it shall inform the relevant employee of the industrial accident insurance-related medical institution that shall examine the degree of disability (referring to a health examination institution specified in Article 91-6 (1) of the Act, if the Service intends to redetermine a pneumoconiosis disability grade), the date of medical examination, or other matters necessary for the re-determination at least 30 days prior to the date of the medical examination. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| Article 57 (Methods of Payment of Disability Benefits or Pneumoconiosis Compensation Annuities according to Re-Determination of Disability Grades, etc.) |
| (1) | If a person files a claim for disability compensation annuities or pneumoconiosis compensation annuities because his/her disability grade has changed as a result of the re-determination of a disability grade pursuant to Article 59 of the Act, the disability compensation annuities or pneumoconiosis compensation annuities corresponding to the changed disability grade shall be paid from the month following the month to which the date of medical examination belongs pursuant to Article 56 (5). <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (2) | If a person files a claim for lump-sum disability compensation benefits because his/her disability grade has changed as a result of the re-determination of a disability grade pursuant to Article 59 of the Act, the payment shall be made in accordance with the following: |
| 1. | Where the disability has worsened: The person shall be paid the amount obtained by multiplying the average wage by the number of payment days for lump-sum disability compensation benefits corresponding to the changed disability grade minus the total number of days obtained by dividing the amount of disability compensation annuities already paid by each average wage at the time of the payment; |
| 2. | Where the disability has improved (including cases where the changed disability grade falls between grade 8 and grade 14): Only when the number of payment days for lump-sum disability compensation benefits corresponding to the changed disability grade is larger than the total number of days obtained by dividing the amount of disability compensation annuities already paid by each average wage at the time of the payment, the person shall be paid the amount of average wage multiplied by the difference in the number of days. |
| (3) | With regard to the payment of disability compensation annuities pursuant to paragraph (1), Article 57 (4) of the Act shall not apply. |
| Article 58 (Disability Benefits after Additional Medical Care) |
| (1) | If a person who has received a disability compensation annuity files a claim for additional disability compensation annuity because his/her disability grade has changed after receiving additional medical care, the disability compensation annuity corresponding to the changed disability grade shall be paid from the month following the month on which the day he/she was cured after the additional medical care falls. |
| (2) | If a person who has received a disability compensation annuity files a claim for lump-sum disability compensation because his/her disability grade has changed after receiving additional medical care, the payment shall be made in accordance with the following classification: |
| 1. | Where the disability has worsened: The person shall be paid the amount obtained by multiplying the average wage by the number of payment days for lump-sum disability compensation benefits corresponding to the changed disability grade minus the total number of days obtained by dividing the amount of disability compensation annuities already paid by each average wage at the time of the payment; |
| 2. | Where the disability has improved (including cases where the changed disability grade falls between grade 8 and grade 14): Only when the number of payment days for lump-sum disability compensation benefits corresponding to the changed disability grade is larger than the total number of days obtained by dividing the amount of disability compensation annuities already paid by each average wage at the time of the payment, the person shall be paid the amount of average wage multiplied by the difference in the number of days. |
| (3) | If the condition of a disability suffered by a person who has received lump-sum disability compensation benefits worsens after receiving additional medical care, disability benefits shall be paid by the following methods: <Amended by Presidential Decree No. 28506, Dec. 26, 2017> |
| 1. | Where he/she files a claim for the payment of disability compensation annuities: Disability compensation annuities corresponding to the changed disability grade shall be paid from the month following the month on which the day he/she was cured after the additional medical care falls, but he/she shall not be paid the amount of disability compensation annuities corresponding to the number of days for which the lump-sum disability compensation benefits have already been paid, or shall be paid the half amount of disability compensation annuities corresponding to the double number of days for which the lump-sum disability compensation benefits have already been paid, in accordance with the application of a person who files a claim; |
| 2. | Where he/she files a claim for the payment of lump-sum disability compensation benefits: He/she shall be paid the amount obtained by multiplying the average wage by the number of payment days for lump-sum disability compensation benefits corresponding to the changed disability grade minus the number of payment days for lump-sum disability compensation benefits corresponding to the previous disability grade. |
| (4) | The average wage to be used for calculating disability benefits after additional medical care shall be the amount obtained by increasing or decreasing the average wage (the average wage at the time of termination of the previous medical care, if no disability benefits have been paid before) used to calculate the previous disability benefits pursuant to Article 22. |
| (5) | With regard to the payment of disability compensation annuities after additional medical care, Article 57 (4) of the Act shall not apply: Provided, That this shall not apply if a person who was not qualified for receiving disability benefits receives a disability compensation annuity after additional medical care. |
SECTION 6 Nursing Benefits
| Article 59 (Standards for and Method of Paying Nursing Benefits) |
| (2) | Nursing benefits shall be paid for days when a person eligible for nursing benefits pursuant to paragraph (1) actually receives constant nursing care. |
| (3) | The standard amount of nursing benefits shall be that announced by the Minister of Employment and Labor on the basis of total monthly wages, etc. for each occupation according to the survey on labor conditions by type of employment prepared by the Minister of Employment and Labor among the designated statistics referred to in Article 3 of the Statistics Act. In such cases, the amount of nursing benefits to be paid to those eligible for occasional nursing benefits shall be 2/3 of the amount to be paid to those eligible for permanent nursing benefits. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Notwithstanding paragraph (1), if a person eligible for nursing benefits incurs no nursing expenses because he/she enters a complimentary nursing home, etc., or spends less than the standard amount under paragraph (3), the amount actually spent shall be paid as the nursing benefits. |
| (5) | If an eligible beneficiary of nursing benefits receives additional medical care pursuant to Article 51 of the Act, no nursing benefits shall be paid during such additional medical care. |
| (6) | Methods of claiming nursing benefits, etc. shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
SECTION 7 Survivors' Benefits
| Article 60 (Appointment, etc. of Representative for Claiming Survivors' Compensation Annuities) |
| (1) | If two or more beneficiaries are entitled to a survivors' compensation annuity, one of them may be appointed as a representative to claim and receive the survivors' compensation annuity. |
| (2) | If a representative is appointed under paragraph (1), or the appointed representative is dismissed, it shall be reported without delay to the Service together with documents to attest such appointment or dismissal. |
| Article 61 (Scope of Survivors Who Had Shared Same Livelihood with Employee) |
"Survivors whose livelihood had been supported by the employee" in Article 63 (1) of the Act refer to those falling under any of the following subparagraphs at the time of the employee's death: | 1. | A survivor who had lived with the employee in the same household on the resident registration cards under the Resident Registration Act and all or substantial part of whose livelihood had been maintained by the employee's income; |
| 2. | A survivor, all or a substantial part of whose livelihood had been maintained by the employee's income but who was registered as having resided in a different household from, or had not lived with, the employee due to study, employment, medical care, or other residential circumstances; |
| 3. | A survivor other than those referred to in subparagraphs 1 and 2, all or most part of whose livelihood had been maintained with the help of money and other valuables or economic support regularly provided by the employee. |
| Article 62 (Suspension of Payment, etc. of Survivors' Compensation Annuities) |
| (1) | If the right to receive a survivors' compensation annuity has been transferred pursuant to Article 64 (2) of the Act, a person who intends to newly receive a survivors' compensation annuity shall file an application with the Service for change of the eligible beneficiary of the survivors' compensation annuity. |
| (2) | If the eligible beneficiary of a survivors' compensation annuity has been missing for three months or more pursuant to Article 64 (3) of the Act, payment of the annuity to such missing person shall be suspended upon request of a person in the same priority status (in case no such person exists, the next person in order) for the period of disappearance starting from the month following the month in which the eligible beneficiary went missing, and the amount calculated in accordance with Article 62 (2) and attached Table 3 of the Act shall be paid as a survivors' compensation annuity. In such cases, the former eligible beneficiary of a survivors' compensation annuity who has been missing shall not be deemed a person entitled to a survivors' compensation annuity, to whom additional payment referred to in Article 62 (2) and attached Table 3 of the Act applies. |
| (3) | A person for whom the payment of survivors' compensation annuities is suspended pursuant to the former part of paragraph (2) may apply at any time for nullification of the suspension. |
| Article 63 (Adjustment of Survivors' Compensation Annuities) |
If any of the following causes occur, the Service shall adjust, upon request of the eligible beneficiary of a survivors' compensation annuity or by virtue of its authority, the amounts of the survivors' compensation annuities for months following the month in which that cause occurs:
| 1. | Where a child who was a fetus at the time of the employee's death is born; |
| 2. | Where suspension of payment is lifted under Article 62 (3); |
| 4. | Where the person entitled to the survivors' compensation annuity is missing. |
SECTION 8 Injury-Disease Compensation Annuities
| Article 64 (Payment, etc. of Injury-Disease Compensation Annuities) |
| (1) | A person who intends to receive an injury-disease compensation annuity as prescribed in Articles 66 through 69 of the Act shall file a claim with the Service for the injury-disease compensation annuity, along with a medical certificate issued by a doctor, which is able to attest to his/her state of invalidity. |
| (2) | If the invalidity grade of an employee receiving an injury-disease compensation annuity has changed, the Service shall pay, upon request of the eligible beneficiary or by virtue of its authority, an injury-disease compensation annuity based on the new invalidity grade starting from the date on which such change has taken place. |
| (3) | When an employee receiving an injury-disease compensation annuity files a claim for injury-disease compensation annuity due to a change of his/her invalidity grade under paragraph (2), he/she shall attach a medical certificate issued by a doctor, which is able to attest to his/her state of invalidity. |
| Article 65 (Standards, etc. for Invalidity Grades) |
| (1) | The standards for invalidity grades based on which injury-disease compensation annuities are paid pursuant to Articles 66 through 69 of the Act shall be as set out in attached Table 8. |
| (2) | With regard to the adjustment of invalidity grades when there are more than two types of invalidity, Article 53 (2) shall apply mutatis mutandis. In such cases, "disability grades" shall be construed as "invalidity grades" and "disability" as "invalidity", and the disability grades 4 to 14 set forth in attached Table 6 shall be construed as respective corresponding invalidity grades. |
| (3) | If an existing invalidity is aggravated due to a new occupational injury or disease, the amount of injury-disease compensation annuity for the aggravated invalidity grade shall be calculated by subtracting the number of payment days for injury-disease compensation annuities corresponding to the existing invalidity grade from the number of payment days for injury-disease compensation annuities corresponding to the aggravated invalidity grade and then multiplying the resulting number by the average wage at the time of the payment of the annuity. |
SECTION 9 Funeral Expenses
| Article 66 (Calculation of Maximum and Minimum Amounts of Funeral Expenses) |
| (1) | The maximum and minimum amounts of funeral expenses prescribed in Article 71 (2) of the Act shall be calculated in accordance with the following classification: |
| 1. | Maximum amount of funeral expenses: The average per capita funeral expenses for 90 days paid to those entitled to funeral expenses in the previous year + the maximum standard amount of compensation for 30 days under Article 36 (7) of the Act; |
| 2. | Minimum amount of funeral expenses : The average per capita funeral expenses for 90 days paid to those entitled to funeral expenses in the previous year + the minimum standard amount of compensation for 30 days under Article 36 (7) of the Act. |
| (2) | In calculating the maximum and minimum amounts of funeral expenses, the amount of less than ten Won shall be discarded. |
| (3) | The application period for the maximum and minimum amounts of funeral expenses shall be from January 1 to December 31 of the following year. |
SECTION 10 Vocational Rehabilitation Benefits
| Article 67 (Support for Vocational Rehabilitation) |
| (1) | For the vocational rehabilitation of those suffering from occupational accidents, the Service may provide psychological counseling, information necessary for vocational rehabilitation, vocational assessment in consideration of their vocational desire, skills, etc., assistance in establishing a plan to return to work or other necessary support while or after they receive medical care. |
| (2) | The Service may ask for cooperation in counseling, assessment, etc. from those suffering from occupational accidents, if such cooperation is needed for providing the support for vocational rehabilitation referred to in paragraph (1). |
| Article 68 (Persons Eligible for Vocational Rehabilitation Benefits) |
| (1) | Persons who need vocational training under Article 72 (1) 1 of the Act (hereinafter referred to as "trainees") shall meet the following requirements <Amended by Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22492, Nov. 15, 2010> |
| 1. | They should fall under any of the following: |
| (a) | They should fall under any of disability grades 1 through 12; |
| (b) | They should be currently under medical treatment due to an injury or disease arising from a work-related ground, and there should be a doctor's opinion that they will fall under any of disability grades 1 through 12 even after the cure of such injury or disease; |
| 2. | Deleted; <by Presidential Decree No. 24177, Nov. 12, 2012> |
| 3. | They should be unemployed. In such cases, the scope of employment shall be defined by Ordinance of the Ministry of Employment and Labor; |
| 4. | They are not receiving any other vocational training; |
| 5. | They should formulate a plan to return to work pursuant to Article 67 (1). |
| (2) | Notwithstanding the provisions of paragraph (1) 3, if a trainee who is receiving vocational training is employed during the vocational training period, he/she may be allowed to receive the vocational training until it ends, but shall not be paid vocational training allowances for the period of employment. |
| (3) | If a trainee under paragraph (1) receives job-seeking benefits under the Employment Insurance Act for his/her vocational training period, he/she may be allowed to receive the vocational training, but shall not be paid vocational training allowances. <Amended by Presidential Decree No. 22101, Mar. 26, 2010> |
| (4) | Recipients of disability benefits under Article 72 (1) 2 of the Act (hereinafter referred to as "recipients of disability benefits") shall be those who fall under paragraph (1) 1 when they return to the relevant work. <Amended by Presidential Decree No. 22101, Mar. 26, 2010> |
| Article 69 (Restrictions on Payment of Vocational Training Costs) |
"Cases prescribed by Presidential Decree" in the proviso to Article 73 (2) of the Act refers to cases where a vocational training institution falls under any of the following, with regard to vocational training for the relevant trainee: <Amended by Presidential Decree No. 22356, Aug. 25, 2010> | 4. | Where the employer who intends to employ the trainee bears the vocational training costs; |
| 5. | Where it has received support equivalent to the vocational training costs under this Act or other statutes. |
| Article 70 (Requirements for Payment, etc. of Return-to-Work Subsidies, etc.) |
| (1) | A return-to-work subsidy under Article 75 (2) of the Act shall be paid if an employer has retained a recipient of disability benefits for not less than six months since the closing date of medical care or the day of returning to work and paid wages incurred as a result of such employment: Provided, That if the recipient of disability benefits voluntarily retires before the lapse of six months after the closing date of the medical care or the day of returning to work, the return-to-work subsidy incurred until the retirement day shall be paid. <Amended by Presidential Decree No. 22101, Mar. 26, 2010> |
| (2) | Work adaption training costs and rehabilitation exercise costs under Article 75 (3) of the Act shall be paid if an employer has provided work adaption training or rehabilitation exercise programs necessary for a recipient of disability benefits to perform his/her duties or switch to other duties and meets each of the following requirements: <Amended by Presidential Decree No. 22101, Mar. 26, 2010> |
| 1. | The employer has started the work adaptation training or rehabilitation exercise programs within six months after the closing date of the medical care or day of returning to work; |
| 2. | The employer has retained the employee for six months or more after the end of the work adaptation training or rehabilitation exercise programs: Provided, That this shall not apply if the recipient of disability benefits voluntarily retires before the lapse of six months after the date following the end of the vocational adaptation training or rehabilitation exercise programs. |
| (3) | In applying the closing date of medical care or the day of returning to work under paragraphs (1) and (2), the closing date of the medical care shall apply to the recipients of disability benefits who have already received the disability benefits, and the day of returning to work to the recipients of disability benefits who are obviously expected to receive the disability benefits. <Newly Inserted by Presidential Decree No. 22101, Mar. 26, 2010> |
| Article 71 (Restrictions on Payment of Return-to-Work Subsidies, etc.) |
| (1) | "Cases as prescribed by Presidential Decree" in Article 75 (4) of the Act refer to those cases where an employer hiring a recipient of disability benefits falls under any of the following: <Amended by Presidential Decree No. 22101, Mar. 26, 2010> |
| 4. | Where it receives an amount equivalent to the return-to-work subsidy, work adaptation training costs or rehabilitation exercise costs under this Act or other statutes; |
| 5. | Deleted. <by Presidential Decree No. 22101, Mar. 26, 2010> |
| (2) | "Cases as prescribed by Presidential Decree, including where an employer hires a disabled person for fulfilling his/her duty under Article 28 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities" in Article 75 (5) of the Act refer to those cases where an employer hiring a recipient of disability benefits falls under any of the following: <Newly Inserted by Presidential Decree No. 22101, Mar. 26, 2010> |
SECTION 11 Lump-Sum Payment, etc. of Insurance Benefits
| Article 72 (Standards for Lump-Sum Payment of Insurance Benefits) |
"Each amount converted according to the methods prescribed by Presidential Decree" in the former part of Article 76 (2) of the Act rather than its subparagraphs refers to the amount of insurance benefits referred to in each subparagraph of the same paragraph minus 2/100 of that amount. In such cases, the amount of injury-disease compensation annuity shall be the amount of lump-sum disability compensation benefits for the disability grade corresponding to the invalidity grade which forms the basis for calculation of such annuity, and the amount of disability compensation annuity among disability benefits shall be the amount of lump-sum disability compensation benefits for the disability grade. <Amended by Presidential Decree No. 22101, Mar. 26, 2010>
| Article 73 (Standards, etc. for Payment of Special Disability Benefits) |
| (1) | "Such grade of disability or pneumoconiosis disability as determined by Presidential Decree" in the main sentence of Article 78 (1) of the Act refers to any of disability grades 1 through 3 prescribed in attached Table 6 or any of pneumoconiosis disability grades 1 through 3 in attached Table 11-2. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (2) | "Special disability benefits prescribed by Presidential Decree" in the main sentence of Article 78 (1) of the Act refers to the amount calculated by subtracting the lump-sum disability compensation benefits referred to in Article 57 of the Act (referring to the lump-sum disability compensation benefits for the disability grade equivalent to a pneumoconiosis disability grade, where pneumoconiosis compensation annuities are paid) from the amount calculated by multiplying the average wage for 30 days by the rate of work ability loss for each disability grade or pneumoconiosis disability grade set out in attached Table 9 and by Leibniz's coefficient corresponding to the employable period prescribed in attached Table 11. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (3) | The employable period under paragraph (2) shall be a period from the date of determination of a disability grade to the mandatory retirement age set by a collective agreement or employment rules. In such cases, if the collective agreement or employment rules do not provide for such mandatory retirement age, sixty years of age shall be deemed the mandatory retirement age. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| Article 74 (Standards, etc. for Payment of Special Survivors' Benefits) |
| (1) | "Special survivors' benefits prescribed by Presidential Decree" in Article 79 (1) of the Act refer to the amount obtained by subtracting living costs of the deceased person (referring to the amount calculated by multiplying 30 days of his/her average wage by the rate of his/her living costs set forth in attached Table 10) from his/her average wage for 30 days and then subtracting the lump-sum survivors' compensation benefits referred to in Article 62 of the Act from the amount obtained by multiplying the Leibniz's coefficient corresponding to the number of employable months set forth in attached Table 11. |
| (2) | Article 73 (3) shall apply mutatis mutandis to the calculation of the number of employbale months referred to in paragraph (1). In such cases, the "date of determination of a disability grade" shall be construed as the "date of death." |
| Article 75 (Collection of Special Benefits) |
| (1) | A policyholder may, upon receiving a payment notice on special disability benefits or special survivors' benefits pursuant to Articles 78 (3) and 79 (2) of the Act, pay the amount so notified in four equal installments over the course of one year. |
| (2) | If special disability benefits or special survivors' benefits are paid in installments pursuant to paragraph (1), the first installment shall be paid by the end of the quarter in which the payment thereof is notified, and the remaining installments by the end of the respective quarters. |
| Article 76 (Standards for Adjustment to other Compensation or Indemnity) |
"Amount calculated according to the method determined by Presidential Decree" in the main sentence of Article 80 (3) of the Act means the value of money or valuables which an eligible beneficiary receives (referring to the value as of the time when the insurance benefits are calculated under this Act), but where medical care service has been provided, it means the amount calculated to the expenses spent for the medical care. [This Article Wholly Amended by Presidential Decree No. 28506, Dec. 26, 2017]
| Article 77 (Decision, etc. on Beneficiaries of Unpaid Insurance Benefits) |
| Article 78 (Scope, etc. of Restrictions on Payment of Insurance Benefits) |
| (1) | If an eligible beneficiary of insurance benefits falls under Article 83 (1) 1 of the Act, the Service shall not pay him/her an amount equivalent to temporary disability compensation benefits or injury-disease compensation annuities for 20 days, a cause for the payment of which occurs after the decision to restrict the payment of the insurance benefits has been made (if the period during which a cause for the payment occurs is less than 20 days, the amount corresponding to such period). |
| (2) | If an eligible beneficiary of a disability compensation annuity or pneumoconiosis compensation annuity falls under Article 83 (1) 2 of the Act, the Service shall pay his/her disability benefits in accordance with the following: <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| 1. | If his/her state of disability has worsened compared with the previous disability grade, the Service shall pay a disability compensation annuity or pneumoconiosis compensation annuity corresponding to the previous disability grade; |
| 2. | If it has been confirmed by medical opinions, etc. that his/her state of disability had improved compared with the previous disability grade, but such state of disability has worsened before re-determination of his/her disability grade, the Service shall pay disability benefits or pneumoconiosis compensation annuities corresponding to the improved disability grade. |
| Article 79 (Collection of Unjust Gains) |
| (1) | When the Service has decided to collect any unjust gains as prescribed in Article 84 of the Act, it shall promptly notify the person liable for the payment that he/she should pay such amount. |
| (2) | A person who receives the notification under paragraph (1) shall pay the amount within 30 days after receiving the notification. |
| Article 80 (Limit to and Procedure for Appropriation of Insurance Benefits, etc.) |
| (1) | When the Service appropriates insurance benefits, medical expenses and medicine expenses pursuant to Article 86 of the Act, the maximum appropriation limit shall be as follows: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | If there are any insurance benefits (excluding return-to-work subsidies, vocational adaptation training costs or rehabilitation exercise costs under Article 75 of the Act) payable to a person who has made unjust gains pursuant to Article 84 (1) of the Act, the maximum appropriation limit shall be 1/10 of such insurance benefits payable: Provided, That if the eligible beneficiary of the insurance benefits agrees in writing to have more than 1/10 of the insurance benefits appropriated, as prescribed by Ordinance of the Ministry of Employment and Labor, it shall be such agreed amount; |
| 2. | If a person who has made unjust gains pursuant to Article 84 (1) of the Act or a person held jointly liable pursuant to paragraph (2) of the same Article is a policyholder, the maximum appropriation limit shall be the amount of insurance benefits (including the subrogated amount, if the policyholder has subrogated the right to receive insurance benefits pursuant to Article 89 of the Act) to be paid to the policyholder; |
| 3. | If any medical expenses are payable to an industrial accident insurance-related medical institution held jointly liable pursuant to Article 84 (2) of the Act, the maximum appropriation limit shall be an amount equivalent to the medical expenses; |
| 4. | If any medical expenses or medicine expenses are payable to an industrial accident insurance-related medical institution or a pharmacy which has made unjust gains pursuant to Article 84 (3) of the Act, the maximum appropriation limit shall be an amount equivalent to the medical expenses or medicine expenses. |
| (2) | If the Service seeks to make an appropriation pursuant to paragraph (1), it shall hear opinions from the eligible beneficiary of insurance benefits, the policyholder, the industrial accident insurance-related medical institution, or pharmacy, and shall, once it has decided to make such appropriation, promptly inform the eligible beneficiary of insurance benefits, the policyholder, the industrial accident insurance-related medical institution or pharmacy thereof. |
| Article 81 (Adjustment of Insurance Benefits for Persons Paid Damages from Third Persons) |
If an eligible beneficiary of insurance benefits is paid damages from a third person, the provisions of Article 76 shall apply mutatis mutandis with regard to the methods of converting such damages into an amount for which insurance benefits are not paid pursuant to Article 87 (2) of the Act.
| Article 82 (Subrogation of Right to Receive Insurance Benefits) |
| (1) | If a policyholder (including subcontractors under subparagraph 5 of Article 2 of the Insurance Premium Collection Act; hereafter in this Article the same shall apply) intends to receive insurance benefits in subrogation of the right of an eligible beneficiary of insurance benefits pursuant to Article 89 of the Act, he/she shall file a claim with the Service, along with documents certifying his/her payment of money or valuables equivalent to the insurance benefits for the same cause as that for the payment of insurance benefits under the Act. |
| (2) | If a policyholder files a claim to receive insurance benefits in subrogation of the right pursuant to paragraph (1), the Service shall check whether the eligible beneficiary of the insurance benefits has received money or valuables equivalent to the amount of the insurance benefits concerned. |
| (3) | If a policyholder has provided an eligible beneficiary of insurance benefits with money or valuables equivalent to his/her disability benefits or survivors' benefits pursuant to Article 89 of the Act, he/she shall be deemed to have provided money or valuables equivalent to the lump-sum disability compensation benefits or lump-sum survivors' compensation benefits. |
| Article 83 (Preparation of Insurance Benefit Ledger) |
| (1) | The Service shall, after paying insurance benefits, prepare an insurance benefit ledger by employee who has received the insurance benefits. |
| (2) | The Service shall, upon request of a person related to insurance benefits, allow him/her to inspect the insurance benefit ledger and, if necessary, may issue a certificate. |
CHAPTER III-2 SPECIAL CASES ON INSURANCE BENEFITS FOR PNEUMOCONIOSIS
| Article 83-2 (Criteria for Determination of Pneumoconiosis and Decision to Pay Insurance Benefits) |
| (1) | The criteria for determining the types of pneumoconiosis necessary for diagnosing pneumoconiosis of employees and deciding whether to pay insurance benefits, standards for determining the degree of cardiopulmonary function, criteria for determining a pneumoconiosis disability grade, and criteria for determining the eligibility for medical care benefits for complications under Article 91-8 (1) and (2) of the Act shall be as prescribed in attached Table 11-2. |
| (2) | The criteria for determining a pneumoconiosis disability grade of a pneumoconiosis employee, where it is impracticable to determine the degree of his/her cardiopulmonary function due to complications referred to in Article 91-8 (3) of the Act, shall be as prescribed in attached Table 11-3. |
[This Article Newly Inserted by Presidential Decree No. 22492, Nov. 15, 2010]
| Article 83-3 (Considerations in Determining Death Caused by Pneumoconiosis) |
Considerations in determining whether death has been caused by pneumoconiosis pursuant to Article 91-10 of the Act shall be based on the type of pneumoconiosis, cardiopulmonary function, complications, gender, age, etc. [This Article Newly Inserted by Presidential Decree No. 22492, Nov. 15, 2010]
CHAPTER IV LABOR WELFARE PROJECTS
| Article 84 (Persons Eligible for Loans for Individual Co-Payment of Medical Care Benefit Costs under National Health Insurance) |
"Person prescribed by Presidential Decree" in Article 93 (1) of the Act refers to any person who meets all of the following requirements: | 1. | The Service has not rendered a decision on medical care benefits until 30 days after the employee applied for the medical care benefits pursuant to Article 41 (1) of the Act; |
| 2. | There has been a medical opinion that a proximate causal relationship is presumed to exist between the employee's job and the disease in relation to which the employee applies for medical care benefits. |
| Article 85 (Maximum Limit to and Procedure for Appropriation for Loans) |
| (1) | When the Service makes an appropriation pursuant to Article 93 (2) of the Act, the maximum appropriation limit shall be the full amount of medical care benefits payable to the person provided with the loans. |
| (2) | If the Service seeks to make an appropriation pursuant to paragraph (1), it shall hear opinions from the eligible beneficiary of the medical care benefits and shall, once it has decided to make such appropriation, promptly inform the eligible beneficiary of the medical care benefits thereof. |
CHAPTER V INDUSTRIAL ACCIDENT COMPENSATION INSURANCE AND PREVENTION FUND
| Article 85-2 (Guidelines, etc. for Computation of Contributions) |
In order to compute an amount that shall be contributed from the Fund to the National Health Insurance Service under Article 13 of the National Health Insurance Act pursuant to Article 96 (1) 7 of the Act (hereinafter referred to as the "National Health Insurance Service"), the Minister of Employment and Labor shall determine matters necessary for the guidelines, etc. for determining the range of the amount and guidelines for computing the amount, consulting thereon with the Minister of Health and Welfare. <Amended by Presidential Decree No. 24077, Aug. 31, 2012; Presidential Decree No. 24177, Nov. 12, 2012> [This Article Newly Inserted by Presidential Decree No. 22410, Sep. 29, 2010]
| Article 85-3 (Purposes of Use of Contributions) |
| (1) | The Service, the Korea Occupational Safety and Health Agency under the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the "Safety and Health Agency"), and the National Health Insurance Service shall use contributions made pursuant to Article 96 (1) 3, 6, and 7 of the Act (hereinafter referred to as "contributions") respectively only for the following purposes of use: <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| 1. | The Service: Expenses incurred in relation to business activities specified in Article 11 of the Act and expenses incidental to such business activities; |
| 3. | The National Health Insurance Service: Expenses incurred in relation to the collection under Article 4 of the Insurance Premium Collection Act and expenses incidental to such business activities. |
| (2) | If the Service, the Safety and Health Agency, or the National Health Insurance Service (hereinafter referred to as "person who has received contributions") uses contributions for any purpose other than those specified in paragraph (1), the Minister of Employment and Labor shall recover the equivalent amount from the relevant person. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| (3) | A person who has received contributions shall open and manage a separate account for contributions, and interest income accrued from the account may be used for the purposes of use specified in paragraph (1) or for compensating losses, subject to approval from the Minister of Employment and Labor. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| (4) | A person who has received contributions shall report the outcomes of execution of contributions for each quarter to the Minister of Employment and Labor by the tenth day of the month immediately following the quarter. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
[This Article Newly Inserted by Presidential Decree No. 22410, Sep. 29, 2010]
| Article 85-4 (Additional Contributions and Return of Contributions) |
| (1) | If contributions are insufficient for covering expenses specified in Article 85-3 (1), a person who has received contributions may request the Minister of Employment and Labor to make additional contributions. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| (2) | If the Minister of Employment and Labor finds that a contribution requested by a person who has received contributions pursuant to paragraph (1) is appropriate, he/she may make an additional contribution. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
| (3) | If a person who has received contributions has an amount left over after using contributions for business activities entrusted and conducted during an insurance year (hereafter referred to as "proper purpose activities" in this paragraph), such person shall return the amount to the Minister of Employment and Labor: Provided, That such amount may be carried over to the following year for the proper purpose activities, if the person obtains approval therefor from the Minister of Employment and Labor. <Amended by Presidential Decree No. 24177, Nov. 12, 2012> |
[This Article Newly Inserted by Presidential Decree No. 22410, Sep. 29, 2010]
| Article 86 (Operation of Fund) |
| (1) | "Other activities determined by Presidential Decree" in Article 97 (2) 5 of the Act refer to the following: <Amended by Presidential Decree No. 20947, Jul. 29, 2008> |
| 1. | Making loans for employees' welfare programs; |
| 3. | Acquiring and disposing of real estate in order to increase the Industrial Accident Compensation Insurance and Prevention Fund under Article 95 of the Act (hereinafter referred to as the "Fund"). |
| (2) | "Such level as determined by Presidential Decree" in Article 97 (3) of the Act refers to the rate of return set by the Minister of Employment and Labor in consideration of interest rates on regular savings with a maturity of one year in financial institutions which operate nationwide as provided in the Banking Act. In such cases, the Minister of Employment and Labor may set a different interest rate on loans for employees' welfare programs under paragraph (1) from the rate of return for other businesses after consulting with the Minister of Strategy and Finance. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 87 (Opening of Fund Accounts) |
the Minister of Employment and Labor shall open accounts of the Fund with the Bank of Korea. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 88 (Payment, etc. of Premiums, etc. into Fund) |
| (1) | The Service shall pay insurance premiums and other charges collected into the accounts of the Fund. |
| (2) | The Service shall report, in writing, to the Minister of Employment and Labor the amount of insurance premiums and other charges collected for the previous month, and the current situation of the collection of outstanding amounts, etc. by the end of each month. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 89 (Fund Operational Plans) |
| 1. | Matters concerning revenues and expenditures of the Fund; |
| 2. | Matters concerning business plans, plans on actions incurring expenditures and funding plans for the year concerned; |
| 3. | Matters concerning the settlement of funds carried over from the pervious year; |
| 4. | Matters concerning liability reserves; |
| 5. | Other matters necessary for the operation of the Fund. |
| Article 90 (Criteria for Calculating Liability Reserves) |
| (1) | The Minister of Employment and Labor shall determine the total amount of insurance benefits decided to be paid during the period from January 1 of the preceding year until December 31 of the same year as the liability reserve for the following year as of December 31 of each year pursuant to Article 99 (3) of the Act; |
| (2) | If the amount accumulated exceeds the liability reserve determined pursuant to paragraph (1), the Minister of Employment and Labor shall reserve it for the payment of insurance benefits in the future. |
| (3) | The Minister of Employment and Labor shall analyze the total amount of insurance premiums collected and the total amount of insurance benefits paid once every three years and shall endeavor to keep the balance of revenues and expenditures. |
[This Article Wholly Amended by Presidential Decree No. 23728, Apr. 16, 2012]
| Article 91 (Accounting Agency, etc. of Fund) |
| (1) | The Minister of Employment and Labor shall appoint a Fund revenue collector, Fund financial officer, Fund expenditure officer and Fund accounting officer from among public officials under his/her control to carry out affairs concerning revenues and expenditures of the Fund. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The Service or the president of the Korea Occupational Safety and Health Agency under the Korea Occupational Safety and Health Agency Act may, if entrusted with affairs concerning the management and operation of the Fund under Article 97 (5) of the Act, appoint a director in charge of Fund revenues and a director in charge of actions incurring Fund expenditures from among their standing directors and a Fund expenditure employee and a Fund cashier from among their employees, and shall report this to the Minister of Employment and Labor. In such cases, the director in charge of Fund revenues shall perform duties of the Fund revenue collector, the director in charge of actions incurring Fund expenditures those of the Fund financial officer, the Fund expenditure employee those of the Fund expenditure officer, and the Fund cashier those of the Fund accounting officer, respectively. <Amended by Presidential Decree No. 21263, Jan. 14, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The Minister of Employment and Labor shall notify the Chairman of the Board of Audit and Inspection and the Governor of the Bank of Korea of the appointment of a Fund revenue collector, Fund financial officer, Fund expenditure officer, Fund accounting officer, director in charge of Fund revenues, director in charge of actions incurring Fund expenditures, Fund expenditure employee and Fund cashier under paragraphs (1) and (2). <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 92 (Fund Expenditure-Incurring Actions) |
| (1) | The Minister of Employment and Labor shall allot the monthly expenditure ceiling of the Fund to the Fund financial officer, and notify the Fund expenditure officer thereof. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The Fund financial officer shall take actions incurring expenditures within the ceiling alloted under paragraph (1). |
| Article 93 (Disbursement of Fund) |
| (1) | When the Fund financial officer requires the Fund expenditure officer to disburse money from the Fund, he/she shall send documents related to the action incurring expenditures to the Fund expenditure officer. |
| (2) | If the Fund expenditure officer intends to disburse money from the Fund following an expenditure-incurring action of the Fund financial officer, he/she shall issue checks whose payer is the Bank of Korea, a financial institution under the Banking Act, or a postal office. <Amended by Presidential Decree No. 22493, Nov. 15, 2010> |
| (3) | Amounts not disbursed in the fiscal year due to extenuating circumstances after the Fund financial officer takes an expenditure-incurring action may be carried over to and then executed in the following year. |
| Article 94 (Prohibition of Cash Handling) |
The Fund expenditure officer and the Fund accounting officer may not keep, receive or disburse cash: Provided, That they may keep, receive or disburse cash in cases of operating expenses of government agencies prescribed in Article 24 of the Management of the National Funds Act.
| Article 95 (Statement of Fund Accounts) |
The Minister of Employment and Labor shall prepare a report on the settlement of accounts pursuant to Article 14 of the National Accounting Act for each fiscal year and shall submit it to the Minister of Strategy and Finance by the end of February of the following fiscal year: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24177, Nov. 12, 2012> | 1. | State of the settlement of Fund accounts; |
| 2. | Financial statements, such as statements of financial position, statements of financial management, and statements of changes in net assets; |
| 3. | Table of comparison between the Fund operational plans and actual results; |
| 4. | Statement of revenues and expenditures; |
| 5. | Other documents necessary for clarifying details of the settlement of accounts. |
CHAPTER VI REQUESTS FOR EXAMINATION AND REEXAMINATION
| Article 96 (Methods of Requests for Examination) |
| (1) | A request for examination under Article 103 of the Act shall be filed in a document specifying the following (hereinafter referred to as "written request for examination"): |
| 1. | Name and address of the requester (if such requester is a corporation, the name and location of such corporation and the name of its representative); |
| 2. | Details of a decision on insurance benefits under the subparagraphs of Article 103 (1) of the Act (hereinafter referred to as "decision on insurance benefits, etc."), which is subject to the request for examination; |
| 3. | Date on which the requester attains the knowledge of the decision on insurance benefits, etc.; |
| 4. | Purport of and grounds for the request for examination; |
| 5. | Whether the request for examination is notified, and the contents of the notification. |
| (2) | If the person filing a request for examination is not the employee suffering from an accident (excluding requests for examination under Article 103 (1) 2 and 3 of the Act), the following shall be specified in the written request for examination in addition to those referred to in the subparagraphs of paragraph (1): |
| 1. | Name of the employee suffering from the accident; |
| 2. | Name and location of the business to which the employee belonged at the time of the accident. |
| (3) | If the request for examination is filed by an appointed representative or agent, the name and address of the appointed representative or agent shall be specified in the written request for examination in addition to those referred to in paragraphs (1) and (2). |
| (4) | A written request for examination shall be signed or sealed by the person filing the request for examination or his/her agent. |
| Article 97 (Corrections and Dismissals) |
| (1) | If a request for examination is filed after the expiration of the period prescribed in Article 103 (3) of the Act or violates the formalities as prescribed by statutes to the point of being uncorrectable, or fails to be corrected within the period referred to in the main sentence of paragraph (2), the Service shall decide to dismiss it. |
| (2) | Even though a request for examination violates the legal formalities, if it is possible to correct such violation, the Service may call on the person making the request for examination to correct it within a reasonable period of time: Provided, That if matters to be corrected are insignificant, the Service may make that correction by virtue of its authority. |
| (3) | If the Service corrects a request for examination by virtue of its authority pursuant to the proviso to paragraph (2), it shall notify the requester thereof. |
| Article 98 (Suspension of Execution of Decision, etc. on Insurance Benefits) |
| (1) | A request for examination shall not suspend the execution of a decision, etc. on the insurance benefits concerned: Provided, That if it is deemed urgently needed to avoid grave losses to be caused by the execution, the Service may suspend the execution. |
| (2) | The Service shall, upon suspending an execution under the proviso to paragraph (1), promptly notify this in writing to the person filing the request and the affiliated agency of the Service which has made the decision, etc. on the insurance benefits concerned. |
| (3) | The document referred to in paragraph (2) shall include the following: |
| 1. | Title of the case involving the request for examination; |
| 2. | Decision on the insurance benefits, etc. subject to the suspension of execution, and the details of the suspension of execution; |
| 3. | Name and address of the person filing the request for examination; |
| 4. | Reasons for the suspension of execution. |
| Article 99 (Organization of Industrial Accident Compensation Insurance Examination Committee) |
| (1) | The Industrial Accident Compensation Insurance Examination Committee referred to in Article 104 (1) of the Act (hereinafter referred to as the "Examination Committee"), shall be comprised of up to 150 members, including one chairperson, but the two persons of such members shall be standing members. <Amended by Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 26196, Apr. 14, 2015> |
| (2) | Members of the Examination Committee shall be commissioned or appointed by the president of the Service, from among the following persons: |
| 1. | Judges, public prosecutors, attorneys-at-law, or certified labor affairs consultants with at least five years of experience; |
| 3. | Persons who have engaged in labor-related services or industrial accident compensation insurance-related services for at least ten years; |
| 4. | Persons with substantial knowledge and experience in social insurance or industrial medical science. |
| (3) | The chairperson of the Examination Committee shall be appointed by the president of the Service, from among its standing members. |
| (4) | Two fifths of the members of the Examination Committee, shall be commissioned, from among persons falling under any subparagraph of paragraph (2) as recommended by employees' and employers' organizations, respectively. In such cases, the number of members recommended by employees' and employers' organizations, respectively, shall be equal. |
| (5) | The term of office of each member of the Examination Committee, shall be three years, but may be renewed consecutively: Provided, That a member whose term has expired may perform his/her duties until his/her successor is commissioned or appointed. |
| (6) | Except as provided in this Decree, matters necessary for the organization of the Examination Committee, shall be determined by the Service. |
| Article 100 (Operation of Examination Committee) |
| (1) | The chairperson of the Examination Committee shall convene and chair meetings of the Examination Committee: Provided, That if it is necessary for the efficient operation of the Examination Committee, the chairperson may order a standing member or any other member designated by the chairperson to preside over a meeting of the Examination Committee. <Amended by Presidential Decree No. 27050, Mar. 22, 2016> |
| (2) | A meeting of the Examination Committee shall consist of the chairperson (where a standing member or a member designated by the chairperson presides over the meeting pursuant to the proviso to paragraph (1), this refers to that member) and six members designated by the chairperson for each meeting. <Amended by Presidential Decree No. 27050, Mar. 22, 2016> |
| (3) | A majority of the members referred to in paragraph (2) shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (4) | If the Service renders a decision following deliberation by the Examination Committee in regard of a request for examination, it shall draw up a deliberative protocol for its progress. |
| (5) | With regard to the preparation, inspection, etc. of a deliberative protocol under paragraph (4), the provisions of Article 110 shall apply mutatis mutandis. In such cases, "Reexamination Committee" shall be construed as "Examination Committee" and "request for reexamination" as "request for examination." |
| (6) | Members other than standing members and those working as an officer or employee of the Service, who are present at a meeting of the Examination Committee, may be paid allowances and travel expenses within budgetary limits. |
| (7) | Except as provided in this Decree, matters necessary for the operation of the Examination Committee shall be determined by the Service. |
| Article 101 (Methods of Rendering Decisions on Requests for Examination) |
| (2) | Decisions under paragraph (1) shall include the following: |
| 1. | Number and title of the case; |
| 2. | Name and address of the person filing the request for examination (if the person filing the request for examination is a corporation, the name and location of the corporation and the name of its representative); |
| 3. | Name and address of the appointed representative or agent (limited to a request for examination under Article 96 (3)); |
| 4. | If the person filing the request for examination is not the employee suffering from an accident, the name and address of the affected employee; |
| 6. | Purport of the request for examination; |
| (3) | When the Service has made a decision on a request for examination pursuant to paragraph (1), it shall send an original of the decision on examination to the person filing the request for examination. |
| (4) | When the Service makes a decision on insurance benefits, etc. or a decision on a request for examination, it shall inform the other party or the person filing the request for examination of whether he/she can file a request for examination or reexamination with regard to the decision on insurance benefits, etc. or the decision on the request for examination, and of the request procedures and period if he/she files a request. |
| Article 102 (Exclusion from Deliberation by Examination Committee) |
| (1) | "Any ground prescribed by Presidential Decree" in Article 105 (2) of the Act refers to a case where a request for an examination falls under any of the following subparagraphs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22492, Nov. 15, 2010> |
| 1. | Where a decision on the recognition of an occupational disease has been made after deliberation by the Occupational Disease Review Commission under Article 38 of the Act; |
| 2. | Where pneumoconiosis is diagnosed; |
| 3. | Where carbon disulfide poisoning is diagnosed; |
| 4. | Where a request for an examination falls under any of the grounds for a decision to dismiss the request under Article 97 (1); |
| 5. | Where a request for an examination is filed against a decision on medical expenses or medicine expenses (including medical expenses or medicine expenses pertaining to the medical care expenses referred to in the proviso to Article 40 (2) of the Act); |
| 6. | Other cases where it is clear whether the decision on insurance benefits, etc. subject to a request for an examination is legitimate. |
| (2) | Notwithstanding the provisions of paragraph (1), if a request for an examination falls under any subparagraph of paragraph (1), and the Service deems it necessary to make a decision after deliberation by the Examination Committee, the decision may be rendered after deliberation by the Examination Committee. |
| Article 103 (Investigation for Deliberation) |
| (1) | An application for investigation for deliberation on a request for examination under Article 105 (4) of the Act shall be filed with a document specifying the following: |
| 1. | Title of the case for the request for examination; |
| 2. | Purport of and grounds for the request; |
| 4. | Indication of documents and other objects required to be submitted, and the name and address of the owner or custodian thereof (limited to cases under Article 105 (4) 2 of the Act); |
| 6. | Name and location of the workplace or other place to enter, names and addresses of the employer, employees and other related persons to be questioned, and the indication of documents and other things to be inspected (limited to cases under Article 105 (4) 4 of the Act); |
| (2) | If the Service has conducted an investigation pursuant to Article 105 (4) of the Act, it shall prepare a protocol specifying the following. In such cases, if it has received a statement from the person filing the request for examination or a relevant person pursuant to Article 105 (4) 1 of the Act, it shall make a protocol of statement and attach it: |
| 1. | Number and title of the case; |
| 2. | Date, time and place of the investigation; |
| 3. | Object and method of the investigation; |
| 4. | Results of the investigation. |
| Article 104 (Payment of Actual Expenses) |
A relevant person who appears at a designated place pursuant to Article 105 (4) 1 of the Act and an appraiser who makes an appraisal pursuant to subparagraph 3 of the same paragraph shall be reimbursed actual expenses incurred as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 105 (Methods of Filing Requests for Reexamination) |
| (1) | A request for reexamination as prescribed in Article 106 of the Act shall be filed in a document specifying the following: |
| 1. | Name and address of the requester for reexamination (if the requester for reexamination is a corporation, the name and location of the corporation and the name of its representative); |
| 2. | Details of the decision on insurance benefits, etc. subject to the request for reexamination; |
| 3. | Date on which the requester attains the knowledge of the decision (decision on insurance benefits, etc. in the case of a request for reexamination under the proviso to Article 106 (3) of the Act) on the request for examination; |
| 4. | Purport of and grounds for the request for reexamination; |
| 5. | Whether the request for reexamination is informed, and the details thereof. |
| (2) | Article 96 (2) through (4) shall apply mutatis mutandis with regard to the methods of filing a request for reexamination. In such cases, "requester for examination" shall be construed as "requester for reexamination", "written request for examination" as "written request for reexamination", and "request for examination" as "request for reexamination." |
| Article 106 (Constitution of Industrial Accident Compensation Insurance Reexamination Committee) |
| (1) | The Industrial Accident Compensation Insurance Reexamination Committee under Article 107 of the Act (hereinafter referred to as the "Reexamination Committee") shall have one chairperson and two or less vice chairpersons. |
| (2) | The vice chairpersons shall be elected by the Reexamination Committee from among its members. |
| (3) | The chairperson shall represent the Reexamination Committee, and have general control over its affairs. |
| (4) | The vice chairpersons shall assist the chairperson, and if the chairperson is unable to carry out his/her duties due to extenuating circumstances, he/she shall act on behalf of the chairperson. |
| Article 107 (Operation of Reexamination Committee) |
| (1) | The chairperson shall convene and chair meetings of the Examination Committee: Provided, That the vice chairperson may, if necessary for the efficient operation of the Examination Committee, preside over a meeting of the Examination Committee on order of the chairperson. |
| (2) | When the chairperson intends to convene a meeting of the Examination Committee, he/she shall notify each member in writing of the date, time, place and agenda of the meeting at least five days before the meeting is held: Provided, That if a meeting has to be convened urgently, such notification may be given orally, by phone or through any other means by no later than the day before the meeting is to be held. |
| (3) | A meeting of the Reexamination Committee shall consist of nine members, including the chairperson or the vice chairperson, standing members and members designated by the chairperson for each meeting. In such cases, the members designated by the chairperson shall include one or more members who have qualifications prescribed in Article 107 (5) 2 of the Act and one or more members who have qualifications prescribed in subparagraph 5 of the same paragraph. <Amended by Presidential Decree No. 22101, Mar. 26, 2010> |
| (4) | A meeting of the Reexamination Committee shall make decisions with the attendance of a majority of the members referred to in paragraph (3) and with the approval of a majority of the members present. In such cases, one or more members each having qualifications under the latter part of paragraph (3) shall be present. |
| (5) | Members, other than standing members and ex officio members, who attend a meeting of the Reexamination Committee, may be reimbursed allowances and travel expenses incurred within budgetary limits. |
| (6) | Except as provided in this Decree, matters necessary for the operation of the Reexamination Committee shall be determined by the chairperson after resolution at the Reexamination Committee. |
| Article 108 (Notification, etc. of Date and Place of Deliberation on Request for Reexamination) |
| (1) | The Reexamination Committee shall, upon receiving a written request for reexamination, set the date and place for deliberation on the request, and notify the parties and the Service in writing of such fact at least five days before the deliberation. |
| (2) | Notification under paragraph (1) shall be delivered directly or given by registered mail. |
| Article 109 (Disclosure of Deliberation) |
| (1) | Deliberation by the Reexamination Committee shall be disclosed to the public: Provided, That it may not be disclosed to the public if there is a request by the person filing a reexamination. |
| (2) | A request under the proviso to paragraph (1) shall be filed in a document specifying the purport of and grounds for the request. |
| Article 110 (Deliberative Protocol) |
| (1) | The Reexamination Committee shall prepare a deliberative protocol specifying the following with regard to the progress of any request for reexamination: |
| 1. | Number and title of the case; |
| 2. | Date and venue of the deliberation; |
| 3. | Names of the members present; |
| 4. | Names of the parties present; |
| 5. | Details of the deliberation; |
| 6. | Other necessary matters. |
| (2) | A deliberative protocol under paragraph (1) shall contain the year, month and date of its preparation, and shall be signed or sealed by the chairperson. |
| (3) | Any party or related person may file a request in writing to inspect a deliberative protocol under paragraph (1). |
| (4) | If a party or related person files a request for inspection pursuant to paragraph (3), the Reexamination Committee shall not refuse it without justifiable grounds. |
| Article 111 (Organization and Operation of Subcommittees) |
| (1) | If deemed necessary for making an efficient deliberation on a request for reexamination, the Reexamination Committee may organize and operate subcommittees by field, each of which is comprised of five or less members, including the following members: |
| 2. | Permanent members who are not the chairperson; |
| 3. | Members designated by the chairperson. |
| (2) | Each subcommittee shall review the case of a request for reexamination designated by the chairperson, and make a report thereon to the Reexamination Committee. |
| (3) | The main sentence of Article 107 (1) and paragraphs (2), (4) and (5) of the same Article shall apply mutatis mutandis with regard to the operation of the subcommittees. In such cases, "chairperson" shall be construed as "vice chairperson" and "Reexamination Committee" as "subcommittee." |
| Article 112 (Placement of Researchers) |
| (1) | The Minister of Employment and Labor may place up to five researchers to conduct professional research and study necessary for reexamination-related work by the Reexamination Committee, such as industrial accident compensation insurance, industrial medicine, industrial nursing, management of harmful substances, and radioactive rays. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Necessary matters concerning the remuneration of researchers, shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 26094, Feb. 10, 2015> |
| Article 113 (Provisions Applicable Mutatis Mutandis) |
Articles 97, 98, 101, 103 and 104 shall apply mutatis mutandis with regard to the correction and dismissal of requests for reexamination, suspension of execution of decisions, etc. on insurance benefits, methods of ruling, investigation for deliberation, payment of actual expenses, etc. In such cases, "request for examination" shall be construed as "request for reexamination", "person filing the request for examination" as "person filing the request for reexamination", "Service" as "Reexamination Committee", "affiliated agency of the Service" as "Service", "decision on a request for examination" as "ruling on a request for reexamination", and "written decision on examination" as "written ruling"; "person filing the request for examination" in Article 101 (3) as "Service and the person filing the request for reexamination"; and "request for examination or reexamination" in paragraph (4) of the same Article as "administrative litigation", respectively.
CHAPTER VII SUPPLEMENTARY PROVISIONS
| Article 114 (Reporting on Changes, etc. in Right to Receive Insurance Benefits) |
| 1. | Where an eligible beneficiary of insurance benefits has received money or valuables equivalent to such insurance benefits under the Civil Act or other statutes on the same ground as insurance benefits are paid under this Act, details of such money or valuables; |
| 2. | Where an eligible beneficiary of insurance benefits has been paid damages equivalent to the amount of such insurance benefits from a third party on the same ground as insurance benefits are paid under this Act, details of such damages; |
| 3. | Where a person entitled to a survivors' compensation annuity has changed, details of such change; |
| 4. | Where any change has been made to the name, resident registration number, address, etc. of an eligible beneficiary of insurance benefits, details of such change. |
| (2) | "Matters prescribed by Presidential Decree" in Article 114 (3) of the Act refers to any of the following: <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| 1. | Where a ground for the termination of entitlement to a disability compensation annuity or pneumoconiosis compensation annuity occurs, details of such ground; |
| 2. | Where a ground to change entitlement to a survivors' compensation annuity or pneumoconiosis survivors' annuity arises, details of such ground. |
| Article 115 (Reporting on Entitlement of Overseas Residents) |
"Matters prescribed by Presidential Decree" in Article 115 (2) of the Act refers to the following matters. In such cases, subparagraphs 3 through 5 shall apply only to those entitled to survivors' compensation annuities or pneumoconiosis survivors' annuities: <Amended by Presidential Decree No. 22492, Nov. 15, 2010> | 1. | Matters concerning survival status; |
| 2. | Matters concerning changes in nationality; |
| 3. | Matters concerning marital status (including de-facto marriage); |
| 4. | Matters concerning changes in relationships with relatives; |
| 5. | Matters concerning the condition of disabilities (limited to cases where a person entitled to a survivors' compensation annuity or pneumoconiosis survivors' annuity is a disabled person with a disability grade specified by Ordinance of the Ministry of Employment and Labor or any higher disability grade, among disabled persons defined in Article 63 (1) 4 of the Act). |
| Article 116 (Demands for Reporting and Submission) |
| Article 117 (Objects, etc. of Demands for Medical Examination) |
| (1) | The Service may demand any of the following medical examinations in accordance with Article 119 of the Act: |
| 1. | Medical examination to determine the necessity of continuous medical care for an employee receiving medical care due to an occupational accident; |
| 2. | Medical examination to determine a disability grade or invalidity grade; |
| 3. | Medical examination to determine whether an accident is an occupational accident; |
| 4. | Medical examination to determine whether additional medical care is needed. |
| (2) | Expenses for medical examination under paragraph (1) shall be paid in the amount of actual expenses incurred therefor. |
| (3) | Among expenses for medical examination payable pursuant to paragraph (2), those for medical examination referred to in paragraph (1) 3 may include expenses for treating a person with symptoms presumed to be caused by an occupational accident as his/her condition is critical or, according to a medical opinion, his/her condition would deteriorate rapidly without immediate medical treatment, causing an impediment to the medical examination and future treatment. |
| Article 118 (Medical Institutions for Special Examination) |
| (1) | Medical examination under Article 119 of the Act (hereafter in this Article referred to as "medical examination") shall be administered by an industrial accident insurance-related medical institution falling under any of the following subparagraphs (hereinafter referred to as "medical institution for special examination"): <Amended by Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 22492, Nov. 15, 2010> |
| (2) | When requesting a person to receive a medical examination, the Service may present two medical institutions for special examination deemed appropriate to accomplish the purpose of the medical examination, in consideration of the purpose of a request for a medical examination, residence of a person who is to receive the medical examination, the state of the person's injury, disease or disability, etc., and let the person who is to receive the medical examination choose one of them. |
| (3) | The Service may determine and operate a separate medical institution for a special examination in charge of a medical examination under Article 117 (1) 2. |
| (4) | If the results of a medical examination by a medical institution for a special examination is different from opinions from a doctor in charge and advisory doctor, the Service may make a ruling or determination after a second medical examination: Provided, That if, after the second medical examination, it is difficult to make a ruling or determination in accordance with the purpose of a request for a medical examination which falls under any subparagraph of Article 117 (1), the ruling or determination may be made after deliberation by the panel of advisory doctors. |
| Article 119 (Temporary Suspension of Insurance Benefits) |
| (1) | Before temporarily suspending payment of insurance benefits pursuant to Article 120 (1) of the Act, the Service shall urge in writing a person who intends to receive the insurance benefits to fulfill his/her obligations within a reasonable period. |
| (2) | Insurance benefits, the payment of which may be suspended temporarily under Article 120 of the Act, shall be all the insurance benefits payable to a person who intends to receive them, but making a decision to pay them is difficult or impeded due to his/her failure to fulfill the obligations referred to in paragraph (1); and in cases falling under Article 120 (1) 1 of the Act, they shall be temporary disability compensation benefits, injury-disease compensation annuities, or pneumoconiosis compensation annuities. <Amended by Presidential Decree No. 22492, Nov. 15, 2010> |
| (3) | The period during which the payment of insurance benefits may be temporarily suspended shall be from the day following the date the Service sets for the fulfillment of obligations under paragraph (1) to the day before the obligations are completely fulfilled. |
| Article 120 (Designation of Financial Institutions) |
A person who intends to receive insurance benefits under the Act or this Decree shall open an account with a financial institution designated by the Service.
| Article 121 (Payment, etc. of Insurance Benefits for On-The-Job Trainees) |
Articles 21 through 85, 96 through 98, 101 through 105, and 113 through 120 shall apply mutatis mutandis with regard to the payment, etc. of insurance benefits for on-the-job trainees as prescribed in Article 123 of the Act.
| Article 122 (Scope of Small and Medium Business Owners) |
| (1) | "Any small or medium business owner prescribed by Presidential Decree (including persons who do not employ any employee; hereafter in this Article the same shall apply)" in the former part of Article 124 (1) of the Act refers to any of the following persons: <Amended by Presidential Decree No. 21588, Jun. 30, 2009; Presidential Decree No. 23468, Dec. 30, 2011; Presidential Decree No. 24177, Nov. 12, 2012; Presidential Decree No. 27050, Mar. 22, 2016; Presidential Decree No. 28506, Dec. 26, 2017> |
| 1. | A business owner who is a policyholder and employs less than 50 employees; |
| 2. | Any of the following persons who have no employee: Provided, That persons in special types of employment under Article 125 (1) of the Act and subparagraphs 2, 5, 6, and 9 of Article 125 of this Decree shall be excluded herefrom: |
| (d) | Any of the following persons who are classified into the subcategory of door-to-door couriers according to the standard classification of occupations publicly announced by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Classification of Occupations"): |
| (i) | A person who provides courier services as requested by a quick service provider (referring to the owner of a business providing merely courier services without storing and transporting parcels; hereinafter the same shall apply); |
| (ii) | A quick service provider; |
| (e) | A person who works as an artist defined in Article 2 of the Artist Welfare Act in accordance with a contract concluded with an intent to receive a consideration in return for providing artistic activities; |
| (f) | A designated driver (meaning a business owner providing paid driving service to a destination at the request of a motor vehicle user: hereinafter the same shall apply) or a person engaging in a designated driving service entrusted by a designated driver. |
| (g) | A person who engages in manufacturing business falling under any of the following among manufacturing businesses in accordance with the large classification of the Korean Standard Industrial Classification: |
| (i) | Manufacture of primary metal under the middle classification of the Korean Standard Industrial Classification; |
| (ii) | Manufacture of metal processed products under the middle classification of the Korean Standard Industrial Classification; |
| (iii) | Manufacture of electronic components, computers, video, sound and communication equipments under the middle classification of the Korean Standard Industrial Classification; |
| (iv) | Manufacture of medical, precision, optical devices and watches under the middle classification of the Korean Standard Industrial Classification; |
| (v) | Manufacture of electrical equipments under the middle classification of the Korean Standard Industrial Classification; |
| (vi) | Manufacture of other machineries and equipments under the middle classification of the Korean Standard Industrial Classification; |
| (vii) | Manufacture of precious metals and accessories under the small classification of the Korean Standard Industrial Classification; |
| (2) | If a small or medium business owner who is a policyholder pursuant to paragraph (1) 1 employs at least 50 employees, he/she shall be deemed to employ less than 50 employees for the relevant insurance year. |
| (3) | If a person who is a policyholder pursuant to paragraph (1) 2 employs less than 50 employees, he/she shall be deemed to have purchased an insurance policy pursuant to paragraph (1) 1. |
| Article 123 (Standards for Recognition of Occupational Accidents for Small and Medium Business Owner) |
Articles 27, 28, 30 through 35, and 36 shall apply mutatis mutandis with regard to the scope of accidents recognized as occupational for small and medium business owners pursuant to Article 124 (2) of the Act. In such cases, "employee" or "pneumoconiosis employee" shall be construed as "small or medium business owner", and "performing duties in accordance with his/her employment contract" in Article 27 shall be construed as "performing duties needed for the relevant business." <Amended by Presidential Decree No. 22492, Nov. 15, 2010; Presidential Decree No. 28506, Dec. 26, 2017>
| Article 124 (Restrictions on Payment of Insurance Benefits to Small and Medium Business Owners) |
No insurance benefits referred to in Article 36 (1) of the Act shall be paid for occupational accidents that occur while a small and medium business owner is delinquent in paying insurance premiums as prescribed in Article 124 (4) of the Act: Provided, That the foregoing shall not apply where an overdue insurance premium is paid by the tenth day of the second month after the month in which the insurance premium becomes due. <Amended by Presidential Decree No. 24177, Nov. 12, 2012>
| Article 125 (Scope, etc. of Persons in Special Types of Employment) |
"Persons who are engaged in jobs prescribed by Presidential Decree" in Article 125 (1) of the Act, means any of the following: <Amended by Presidential Decree No. 23468, Dec. 30, 2011; Presidential Decree No. 26196, Apr. 14, 2015; Presidential Decree No. 27050, Mar. 22, 2016> | 1. | Any of the following persons engaged in soliciting insurance policies: |
| (b) | Deleted; <by Presidential Decree No. 22637, Jan. 24, 2011> |
| (c) | Deleted; <by Presidential Decree No. 26196, Apr. 14, 2015> |
| 3. | Learning-aid tutors sub-categorized under a subcategory of the Korean Standard Classification of Occupations; |
| 5. | Door-to-door couriers sub-categorized under the Korean Standard Classification of Occupations and engaged in collection or delivery affairs in courier services (referring to services delivering parcels after collecting and transporting them); |
| 6. | Door-to-door couriers sub-categorized under the Korean Standard Classification of Occupations and engaged in delivery affairs entrusted from mainly one quick service provider according to the standards prescribed by the Minister of Employment and Labor; |
| 9. | Persons engaging in a designated driving service entrusted by mostly one designated driver in accordance with criteria set by the Minister of Employment and Labor. |
| Article 126 (Reporting, etc. on Provision of Labor Services by Persons in Special Types of Employment) |
| (1) | If an employer begins or ceases to receive labor services from a person in a special type of employment as prescribed in Article 125 (3) of the Act, he/she shall report the following matters to the Service not later than the 15th of the month following the month in which the relevant cause occurs: |
| 1. | Name, resident registration number and address of the person in special type of employment; |
| 2. | Date on which the employer begins to receive labor services from the person in special type of employment and details of the work in which the person in special type of employment engages; |
| 3. | Date on which the employer ceases to receive labor services from the person in special type of employment, and the ground therefor. |
| (2) | Upon receiving the report referred to in paragraph (1), the Service shall inform the person in special type of employment of the contents thereof. |
| Article 127 (Standards for Recognition of Occupational Accidents for Persons in Special Types of Employment) |
Articles 27 through 36 shall apply mutatis mutandis with regard to the standards for the recognition of occupational accidents for persons in special types of employment. In such cases, "employee" shall be construed as "person in special type of employment."
| Article 127-2 (Processing Sensitive Information and Personally Identifiable Information) |
The Minister of Employment and Labor or the Service (including persons entrusted with the Service's business affairs under Article 19), may process information about health referred to in Article 23 of the Personal Information Protection Act, criminal history records referred to in subparagraph 2 of Article 18 of the Enforcement Decree of same Act, and data, including a resident registration number and an alien registration number, referred to in subparagraph 1 and 4 of Article 19 of same Decree, where essential for performing the following affairs: <Amended by Presidential Decree No. 24177, Nov. 12, 2012; Presidential Decree No. 25532, Aug. 6, 2014; Presidential Decree No. 26196, Apr. 14, 2015> | 8-2. | Settling expenses for medical care benefits under the national health insurance pursuant to Article 90-2 of the Act; |
| 9. | Labor welfare programs, such as the establishment and operation of insurance facilities and scholarship programs, referred to in Article 92 of the Act; |
[This Article Newly Inserted by Presidential Decree No. 23468, Dec. 30, 2011]
| Article 127-3 (Assessment of Regulation) |
| (1) | As at January 1, 2014, the Minister of Employment and Labor shall assess the relevance every three years (referring to before January 1 of every third anniversary), concerning the standards for recognition of occupational diseases referred to in Article 34 and attached Table 3, and shall take measures, such as improvement. |
| (2) | As at January 1, 2017, the Minister of Employment and Labor shall assess the relevance every three years (referring to the period before January 1 of every third anniversary), concerning the scope, etc., of persons in special types of employment referred to in Article 125, and shall take measures, such as improvement. <Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014; Presidential Decree No. 27751, Dec. 30, 2016> |
[This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013]
CHAPTER VIII PENALTY PROVISIONS
| Article 128 (Imposition of Administrative Fines) |
The standards for the imposition of administrative fines by type of offense shall be as set out in attached Table 12: Provided, That the Minister of Employment and Labor may raise or reduce the amount of an administrative fine by up to half in consideration of the severity, frequency, motive, consequence, etc. of the offense but in the case of imposition of a heavier fine, the amount shall not exceed the maximum amount of an administrative fine prescribed in Article 129 (1) and (2) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2008.
Article 2 (Applicability to Increase or Decrease in Average Wage)
The amended provisions of Article 22 and attached Table 2 shall apply to those with respect to whom a cause for increasing or decreasing the average wage occurs after the date this Decree enters into force. Article 3 (Applicability to Calculation of Average Wage for Employees in Unusual Type of Employment)
The amended provisions of Articles 23 and 24 shall apply to those with respect to whom a cause for calculating the average wage newly occurs after the date this Decree enters into force. Article 4 (Applicability to Special Cases for Calculating Average Wage for Persons with Occupational Diseases)
The amended provisions of Article 25 shall apply to those with respect to whom an occupational disease is newly confirmed after the date this Decree enters into force. Article 5 (Applicability to Penalty Surcharges)
The amended provisions of Article 39 and attached Table 5 shall apply to industrial accident insurance-related medical institutions which violate the relevant provisions of the Act after the date this Decree enters into force. Article 6 (Applicability to Submission, etc. of Medical Treatment Plans)
The amended provisions of Articles 40 and 41 shall apply where the period of medical care is extended after the date this Decree enters into force. Article 7 (Applicability to Standards, etc. for Disability Grades)
The amended provisions of Article 53 and attached Table 6 shall apply to those with respect to whom a cause for claiming disability benefits occurs after being cured after the date this Decree enters into force. Article 8 (Applicability to Nursing Benefits)
The amended provisions of Article 59 and attached Table 7 shall apply where a person needs nursing care after being cures on and after the date this Decree enters into force. Article 9 (Applicability to Special Disability Benefits and Special Survivors' Benefits)
The amended provisions of Articles 73 (3) and 74 (2) shall apply to those who suffer from an occupational accident occurring after the date this Decree enters into force. Article 10 (Applicability to Loans for Individual Co-Payment of Medical Care Benefit Costs under National Health Insurance)
The amended provisions of Article 84 shall apply to those who claim medical benefits for a disease arising after the date this Decree enters into force. Article 11 (Transitional Measures concerning Standards for Disability Grades)
| (1) | If a person whose grade of disability is determined pursuant to the previous provisions at the time this Decree enters into force becomes subject to a lower disability grade by virtue of the amended provisions of Article 53 (1), though his/her subsequent state of disability has not improved after being cured through additional medical care, his/her disability grade shall be governed by the previous provisions. |
| (3) | If a person whose grade of disability is determined pursuant to the previous provisions at the time this Decree enters into force has more aggravated disability in the existing body part due to an occupational accident which has newly arisen after this Decree enters into force, and so becomes subject to the amended provisions of Article 53 (4), the disability grade determined pursuant to the previous provisions shall be deemed his/her disability grade before his/her state of disability is aggravated, notwithstanding the amended provisions of Article 53 (1) and attached Table 6. |
Article 12 (Transitional Measures concerning Nursing Benefits)
Those who are receiving nursing benefits pursuant to the previous provisions at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 59 (1). Article 13 (Transitional Measures concerning Return-to-Work Subsidies)
With respect to the payment of return-to-work subsidies to employers who retain recipients of disability benefits cured or provide them with vocational adaptation training or rehabilitation exercise programs at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Articles 70 and 71. Article 14 Omitted.
Article 15 (Relationship with other Statutes)
Where any provisions of the former Enforcement Decree of Industrial Accident Compensation Insurance Act are cited in other statutes at the time this Decree enters into force, if there are any provisions corresponding thereto in this Decree, the corresponding provisions of this Decree shall be deemed cited in lieu of the previous provisions.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 20966, Aug. 7, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2009.
Article 2 (Applicability)
The amended provisions of Article 2 (1) 3 (b) shall apply to the construction works or major repairs of buildings, which start after the date this Decree enters into force.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 21588, Jun. 30, 2009>
This Decree shall enter into force on July 1, 2009.
ADDENDA <Presidential Decree No. 22060, Feb. 24, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 10, 2010.
Article 2 (Transitional Measures concerning Industrial Accident Compensation Insurance Deliberation Committee, etc.)
| (1) | The Industrial Accident Compensation Insurance Deliberation Committee, the expert committee on policies and the expert committee on medical care established pursuant to the previous provisions at the time this Decree enters into force shall be deemed the Industrial Accident Compensation Insurance and Prevention Deliberation Committee, the expert committee on industrial accident compensation insurance policies and the expert committee on medical care under industrial accident compensation insurance, respectively, which are established pursuant to the amended provisions of Articles 3, 4 and 8. |
| (2) | Members of the Industrial Accident Compensation Insurance Deliberation Committee, the expert committee on policies and the expert committee on medical care established pursuant to the previous provisions at the time this Decree enters into force shall be deemed members of the Industrial Accident Compensation Insurance and Prevention Deliberation Committee, the expert committee on industrial accident compensation insurance policies and the expert committee on medical care under industrial accident compensation insurance, respectively, which are established pursuant to the amended provisions of Articles 3, 4 and 8. In such cases, the term of office of members of the Industrial Accident Compensation Insurance and Prevention Deliberation Committee shall be reckoned from the date they are commissioned pursuant to the previous provisions. |
Article 3 (Transitional Measures concerning Expert Members)
Expert members appointed pursuant to Article 6 of the former Enforcement Decree of Occupational Safety and Health Act at the time this Decree enters into force shall be deemed the survey and research commissioners appointed pursuant to the amended provisions of Article 8-2.
ADDENDA <Presidential Decree No. 22101, Mar. 26, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 28, 2010: Provided, That the amended provisions of Articles 2 and 2-2 shall enter into force on March 31, 2010. Article 2 (Applicability to Vocational Rehabilitation Benefits)
| (1) | The amended provisions of Article 68 (1) 1 (a) concerning disability grades 10 to 12 shall apply to those who are newly granted any of disability grades 10 to 12 after the cure of their injuries or diseases after the date this Decree enters into force. |
| (2) | The amended provisions of Article 68 (1) 1 (b) shall apply to those who receive or will receive medical cure after the date this Decree enters into force. |
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22356, Aug. 25, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2010.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 22410, Sep. 29, 2010>
This Decree shall enter into force on January 1, 2011.
ADDENDA <Presidential Decree No. 22492, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 21, 2010.
Article 2 (Applicability to Special Cases for Computation of Average Wages)
The amended provisions of Article 25 (2) 1 shall apply to cases where insurance benefits for pneumoconiosis are paid after this Decree enters into force. Article 3 (Applicability to Criteria for Determination of Pneumoconiosis and Decision to Pay Insurance Benefits)
The amended provisions of Article 83-2 and Tables 11-2 and 11-3 shall apply to cases where a medical certificate or medical opinion is issued for determining pneumoconiosis and deciding whether to pay insurance benefits after this Decree enters into force.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22516, Dec. 7, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 9, 2010.
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 22637, Jan. 24, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 24, 2011. (Proviso Omitted.)
Articles 2 through 23 Omitted.
ADDENDUM <Presidential Decree No. 23468, Dec. 30, 2011>
This Decree shall enter into force on May 1, 2012: Provided, That the amended provision of Article 127-2 shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23728, Apr. 16, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The initial analysis under Article 90 (3) shall be conducted in 2013.
ADDENDA <Presidential Decree No. 24077, Aug. 31, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 24177, Nov. 12, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2012.
Article 2 (Applicability to Restrictions on Payment of Insurance Benefits to Small and Medium Business Owners)
The amended provisions of Article 124 shall apply to cases where a person sustains an injury due to an occupational accident after this Decree enters into force.
ADDENDA <Presidential Decree No. 24651, Jun. 28, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2013.
Article 2 (Applicability concerning Standards for Recognition of Occupational Diseases)
The Amended provisions of attached Table 3 shall also apply to an employee who requests insurance benefits as at the time this Decree enters into force.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25435, Jun. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26094, Feb. 10, 2015>
This decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26196, Apr. 14, 2015>
This decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 8-2 of Article 127-2 shall enter into force on April 21, 2015.
ADDENDA <Presidential Decree No. 27050, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended Article 23, Article 24, the proviso to Article 122 (1) 2, (f) of the same subparagraph, and subparagraphs 7 through 9 of Article 125 shall enter into force on July 1, 2016. Article 2 (Applicability regarding Calculation of Insurance Benefits for Part-Time Employees)
The amended subparagraph 2 of Article 23 and Article 24 (1) 2 shall begin to apply from the first case of an occupational accident that occurs after the enforcement dates specified in Article 1 of this Addenda. Article 3 (Transitional Measures regarding the Base Date for Calculating Average Wage of Employees with Noise-Induced Hearing Loss)
Notwithstanding the amended Article 25 (3), former provisions shall apply to the calculation of average wages, where insurance benefits are provided to an employee who received a medical certificate or medical opinion due to a noise-induced hearing loss pursuant to the main sentence of Article 25 (3) before this Decree enters into force. Article 4 Omitted.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28506, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018: Provided, That the amended provisions of Articles 2 (1) and (3), and 2-2 shall enter into force on July 1, 2018. Article 2 (Applicability regarding Construction Works Excluded from Application)
The amended provisions of Article 2 (1) 3 shall begin to apply from the first construction work that starts after the enforcement dates specified in Article 1 of this Addenda. Article 3 (Applicability regarding Calculation of Average Wage for Employees in Unusual Type of Employment)
The amended provisions of Article 24 (2) shall begin to apply from the first cause for calculation of average wage that happens after this Decree enters into force. Article 4 (Applicability regarding Disability Benefits after Additional Medical Care)
The amended provisions of Article 58 (3) shall begin to apply from the first application of disability benefits after additional medical care after this Decree enters into force. Article 5 (Applicability regarding Standards for Adjustment to other Compensation or Indemnity)
The amended provisions of Article 76 (including applying mutatis mutandis to Article 81) shall begin to apply from the first adjustment of money and valuables received under the Civil Act or other statutes after this Decree enters into force.