CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide prompt and fair remedies for victims who have suffered damage to life or health due to the use of humidifier disinfectants containing any chemical substances verified toxic and for their bereaved family members.
The terms used in this Act are defined as follows: <Amended by Act No. 15717, Aug. 14, 2018>
| 1. | The term “humidifier disinfectant” means any ingredient or substance added to water used in a humidifier to prevent microbial propagation and the occurrence of scale; |
| 2. | The term “toxic chemical substance” means any hazardous chemical substance verified toxic by the Ministry of Environment, the Ministry of Health and Welfare, or any other institution prescribed by Presidential Decree; |
| 3. | The term “health damage caused by humidifier disinfectant” means any pulmonary disease caused by exposure to a humidifier disinfectant containing toxic chemical substances and any other damage to life or health prescribed by Presidential Decree; |
| 4. | The term “victim of humidifier disinfectant” means any of the following persons: |
| (a) | A person who died due to or has suffered health damage caused by humidifier disinfectant containing toxic chemical substances, being recognized by the Minister of Environment under Article 10 (2); |
| (b) | A person recognized by the Minister of Environment as needing assistance equivalent to remedial benefits prescribed in subparagraph 2 of Article 32 after deliberation by the Remedy Account Management Committee referred to in Article 33 (4) on epidemiological investigations, the degree of exposure to humidifier disinfectants, the connection between the use of humidifier disinfectants and the damage to life or health, etc.; |
| 4-2. | The term “verified sufferer from exposure to humidifier disinfectants” means a person verified to have been exposed to humidifier disinfectants, as prescribed by Ordinance of the Ministry of Environment, through an environmental exposure investigation on the environment of humidifier disinfectant usage, the duration of contact with humidifier disinfectants, the products consumed, etc.; |
| 5. | The term “humidifier disinfectant supplier” means a business entity that manufactures or imports humidifier disinfectants and sells them directly or through a third party (including an original equipment manufacturer, an original design manufacturer, a contractor, and a subcontractor); |
| 6. | The term “raw material supplier” means a business entity that manufactures or imports toxic chemical substances used for humidifier disinfectants (hereinafter referred to as “raw materials”) and sells them directly or through a third party; |
| 7. | The term “bereaved family member” means the spouse (including a person who is in a de facto marital relationship), a child, a parent, a grandchild, a grandparent, or a sibling of the deceased. |
| Article 3 (State’s Responsibilities) |
The State shall establish and implement support measures necessary to promptly alleviate the financial hardship and urgent health concerns of the victims of humidifier disinfectants and of their bereaved family members.
| Article 4 (Liability to Compensate Damage) |
| (1) | Where health damage is caused by a humidifier disinfectant, the relevant humidifier disinfectant supplier shall compensate for such damage. |
| (2) | Amounts of compensation prescribed in paragraph (1) shall be calculated based upon the following: |
| 1. | The degree of awareness of the likelihood that damage would occur, such as intent; |
| 2. | The degree of damage caused by defects in the humidifier disinfectant; |
| 3. | The extent to which the relevant supplier has worked to remedy the damage; |
| 4. | The age, likelihood of complete recovery, and degree and persistence of the victim’s disability of the victim. |
| Article 5 (Presumption of Causation) |
Where it is highly probable to believe that damage to life or health has been caused by a humidifier disinfectant containing toxic chemical substances, the damage to life or health shall be presumed to have been caused by the humidifier disinfectant.
| Article 6 (Right to Request Information) |
| (1) | A victim of humidifier disinfectant may request information on the manufacturing process of the humidifier disinfectant or toxic chemical substance, the equipment used, the type, concentration, and toxicity of the substance used, production and sale, and authorization and permission (including a report, registration, report of change, and registration of change) from the relevant humidifier disinfectant supplier and raw material supplier in order to determine the establishment and scope of a right to claim compensation for health damage caused by humidifier disinfectant. |
| (2) | A humidifier disinfectant supplier in receipt of a claim for compensation from the victim of humidifier disinfectant may request information on the manufacturing process, the equipment used, the type, concentration, and toxicity of the substance used, production and sale, and authorization and permission (including a report, registration, report of change, and registration of change) from another humidifier disinfectant supplier or raw material supplier in order to determine the scope of its right to indemnity. |
| (3) | A humidifier disinfectant supplier or raw material supplier in receipt of a request for information pursuant to paragraphs (1) and (2) shall provide or allow perusal of the requested information. |
| (4) | Where a request for information made under paragraphs (1) and (2) is rejected fully or partially for reasons of business confidentiality, etc., the victim of the humidifier disinfectant and the humidifier disinfectant supplier may request the Minister of Environment to issue an order to provide or allow perusal of information. |
| (5) | Upon receiving a request made under paragraph (4), the Minister of Environment may order the humidifier disinfectant supplier or raw material supplier to provide or allow perusal of the requested information after deliberation by the Committee on Remedying Damage Caused by Humidifier Disinfectants established under Article 7. |
| (6) | No person who has been provided with information or has perused information pursuant to paragraphs (1), (2), and (5) shall misappropriate such information, such as using it for any purpose other than for which it is requested or providing it to any third person. |
| (7) | Except as provided in paragraphs (1) through (6), the procedures and methods for requesting information and for issuing orders to provide or allow perusal of information shall be prescribed by Presidential Decree. |
CHAPTER II COMMITTEE ON REMEDYING DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 7 (Committee on Remedying Damage Caused by Humidifier Disinfectants) |
| (1) | A Committee on Remedying Damage Caused by Humidifier Disinfectants (hereinafter referred to as the “Committee on Remedying Damage”) shall be established under the jurisdiction of the Minister of Environment to deliberate and resolve on matters concerning remedy for health damage caused by humidifier disinfectants and support for such remedy. |
| (2) | The Committee on Remedying Damage shall be comprised of not more than fifteen members, including one chairperson. |
| (3) | The Committee on Remedying Damage shall be chaired by the Vice Minister of Environment, and the members thereof shall be commissioned or designated by the Minister of Environment from among the following persons: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | A public official recommended by the head of his/her central administrative agency prescribed by Presidential Decree; |
| 2. | An executive officer or employee recommended by the head of his/her institution, corporation or organization prescribed by Presidential Decree; |
| 3. | A medical specialist in departments related to health damage caused by humidifier disinfectants, including diagnostic radiology, pulmonology, preventive medicine, pathology, occupational and environmental medicine etc.; |
| 4. | A person who have been employed at an accredited university or research institute for at least five years, with sufficient knowledge and experience in environmental health, toxicology, humanities/sociology or law; |
| 5. | A person who has served as a judge, prosecutor, or attorney-at-law for at least five years. |
| (4) | Any organization reported under Article 9 (1) may recommend a person falling under any subparagraph of paragraph (3) as a member of the Committee on Remedying Damage. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| (5) | In order to more professionally review matters related to recognizing health damage caused by humidifier disinfectants, the Committee on Remedying Damage shall establish a special committee for examination and determination of pulmonary diseases and a special committee for examination and determination of extrapulmonary diseases, and may additionally establish an expert committee when necessary. <Amended by Act No. 15717, Aug. 14, 2018> |
| (6) | Except as provided in paragraphs (1) through (5), the organization and operation of the Committee on Remedying Damage, the special committee for examination and determination of pulmonary diseases, the special committee for examination and determination of extrapulmonary diseases, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 8 (Functions of Committee on Remedying Damage) |
The Committee on Remedying Damage shall deliberate and resolve on the following matters: <Amended by Act No. 15717, Aug. 14, 2018>
| 1. | Issuing orders to provide or allow perusal of information pursuant to Article 6 (5) (including cases applied mutatis mutandis pursuant to Article 9-2 (4)); |
| 2. | Recognizing health damage and the grades of injury caused by humidifier disinfectants pursuant to Article 10 (2); |
| 3. | Developing the criteria for recognition of health damage caused by humidifier disinfectants and the grades of injury pursuant to Article 10 (5); |
| 4. | Revoking recognition of health damage caused by humidifier disinfectants, renewing the term of validity, and changing the grades of injury pursuant to Article 11 (3); |
| 5. | Specially recognizing bereaved family members pursuant to Article 19 (1); |
| 6. | Paying remedial benefits pursuant to Article 21 (3); |
| 7. | Conducting reexaminations pursuant to Article 29 (1); |
| 8. | Other matters referred to by the chairperson in connection with the performance of duties pursuant to this Act. |
| Article 9 (Victims’ Organizations) |
| (1) | Victims of humidifier disinfectants and their bereaved family members may establish an organization and report such fact to the Minister of Environment, as prescribed by Presidential Decree. |
| (2) | An organization reported pursuant to paragraph (1) (hereinafter referred to as “victims’ organization”) may engage in activities for representing the interests of victims of humidifier disinfectants, memorial projects related to damage due to humidifier disinfectants, research and development projects, etc. <Amended by Act No. 15717, Aug. 14, 2018> |
| (3) | Any victims’ organization reported pursuant to paragraph (1) may submit opinions on deliberation and resolution by the Committee on Remedying Damage. <Amended by Act No. 15717, Aug. 14, 2018> |
| (4) | With respect to a victims’ organization that conducts projects prescribed by Presidential Decree, the Minister of Environment may subsidize some of the expenses necessary for the relevant projects through the Special Remedy Account for Damage Caused by Humidifier Disinfectants prescribed in Article 31 (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| Article 9-2 (Organizations of Verified Exposure Suffers, etc.) |
| (1) | Verified sufferers from exposure to humidifier disinfectants may establish an organization and report such fact to the Minister of Environment, as prescribed by Presidential Decree. |
| (2) | Any organization reported pursuant to paragraph (1) may engage in activities for representing the interests of verified sufferers from exposure to humidifier disinfectants. |
| (3) | In order to efficiently support verified sufferers from exposure to humidifier disinfectants who intend to be recognized as suffering from health damage caused by humidifier disinfectants pursuant to Article 10 (2), any organization reported pursuant to paragraph (1) may, upon receipt of applications from verified sufferers from exposure to humidifier disinfectants, request information on the manufacturing process of humidifier disinfectants or toxic chemical substances; the equipment used; the type, concentration, and toxicity of the substances used; production and sale; authorization and permission (including a report, registration, report of change, and registration of change), etc. from a humidifier disinfectant supplier or raw material supplier. |
| (4) | Article 6 (3) through (7) shall apply mutatis mutandis to the following: the obligation of humidifier disinfectant suppliers or raw material suppliers in receipt of a request for information prescribed in paragraph (3) to provide or allow perusal of the requested information; the application for an order to provide or allow perusal of the requested information; an order to provide or allow perusal of the requested information; the prohibition of using the requested information for any purpose other than for which it is requested or any inappropriate purpose, etc. |
[This Article Newly Inserted by Act No. 15717, Aug. 14, 2018]
| Article 10 (Applications for Recognition of Health Damage Caused by Humidifier Disinfectants) |
| (1) | A person who intends to be recognized as suffering from health damage caused by humidifier disinfectant (hereinafter referred to as “applicant for recognition”) shall file an application with the Minister of Environment, along with supporting documents, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment shall determine whether to recognize health damage caused by humidifier disinfectant and the grade of injury after deliberation by the Committee on Remedying Damage within 60 days after receipt of the application filed under paragraph (1): Provided, That the period for determination may be extended by up to 30 days if it is difficult to determine whether to recognize health damage caused by humidifier disinfectant or the grade of injury, within 60 days, for medical reasons or with just cause. |
| (3) | The period for supplementing an application filed under paragraph (1) and the period required for the medical examination and test for medical judgment shall be disregarded in calculating the period for determination prescribed in paragraph (2). |
| (4) | The Minister of Environment may fully or partially reimburse low-income persons prescribed by Presidential Decree, among those who have been recognized by the Minister of Environment as suffering from health damage under paragraph (2) or applicants for such recognition, for expenses incurred in receiving the medical examination and test for recognition of health damage caused by humidifier disinfectants. <Amended by Act No. 15717, Aug. 14, 2018> |
| (5) | The Minister of Environment shall develop the criteria for recognition of health damage caused by humidifier disinfectants and the grades of injury after deliberation by the Committee on Remedying Damage. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| (6) | The Minister of Environment shall review the medical fitness and feasibility of the criteria for recognition of health damage caused by humidifier disinfectants each year, by the methods prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| (7) | Except as provided in paragraphs (1) through (6), the matters necessary for the grades of injury caused by humidifier disinfectants, the procedures and criteria for recognition, and subsidization of medical examinations and tests shall be prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 11 (Term of Validity of Recognition of Health Damage Caused by Humidifier Disinfectants) |
| (1) | The term of validity of recognition of health damage caused by humidifier disinfectant (hereinafter referred to as “term of validity”) shall be prescribed by Presidential Decree based upon the type of health damage and the grade of injury caused by humidifier disinfectants. |
| (2) | If it is unlikely that a victim of humidifier disinfectant prescribed in subparagraph 4 (a) of Article 2 can recover from his/her health damage before the term of validity expires, the victim may submit an application for renewal of the term of validity to the Minister of Environment at least two to four months before the term of validity expires. <Amended by Act No. 15717, Aug. 14, 2018> |
| (3) | Upon receiving an application submitted pursuant to paragraph (2) or determining that a victim of humidifier disinfectant completely or partially recovers from health damage, the Minister of Environment may revoke the recognition of health damage caused by humidifier disinfectant, renew the term of validity, or change the grade of injury after deliberation by the Committee on Remedying Damage. |
| (4) | If the Minister of Environment revokes the recognition of health damage caused by humidifier disinfectant, renews the term of validity, or changes the grade of injury, the Minister shall promptly notify the relevant victim of humidifier disinfectant or his/her bereaved family member of such fact. |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for revoking the recognition of health damage caused by humidifier disinfectants, renewing the term of validity, and changing the grade of injury shall be prescribed by Presidential Decree. |
| Article 12 (Types of Remedial Benefits) |
Benefits payable by the Minister of Environment to the victims of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 or their bereaved family members (hereinafter referred to as “remedial benefits”) are as follows: <Amended by Act No. 15717, Aug. 14, 2018> | 1. | Medical care benefits; |
| 2. | Allowances for medical care and living costs; |
| 5. | Special consolations for bereaved family members; |
| 6. | Special funeral expenses; |
| 7. | Remedial benefit adjustments. |
| Article 13 (Medical Care Benefits) |
| (1) | Medical care benefits shall be paid to victims of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | Where a medical institution provides a victim of humidifier disinfectants prescribed in paragraph (1) with medical treatment for health damage caused by humidifier disinfectant, medical care benefits payable to the victim shall be prescribed by Presidential Decree according to the applicable grade of injury, within the amount paid by the victim of humidifier disinfectant pursuant to Article 44 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act, in addition to that paid by an insurer. <Amended by Act No. 15717, Aug. 14, 2018> |
| (4) | No application for paying medical care benefits may be filed upon the expiration of any of the following periods: |
| 1. | In cases of medical care benefits incurred prior to gaining recognition of health damage under Article 10, three years from the date of receiving notice on such recognition; |
| 2. | In cases of medical care benefits incurred after gaining recognition of health damage under Article 10, three years from the date of receiving medical treatment for health damage caused by humidifier disinfectants. |
| (5) | A determination to pay medical care benefits shall take effect retrospectively from the date of diagnosis when a victim suffering health damage caused by humidifier disinfectants starts to take treatment. |
| Article 14 (Allowances for Medical Care and Living Costs) |
| (1) | Allowances for medical care and living costs shall be paid to victims of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | The amount of an allowance for medical care and living costs shall be prescribed by Presidential Decree based upon the type of health damage caused by humidifier disinfectant and the applicable grade of injury, in consideration of expenses necessary for medical treatment and care of health damage caused by humidifier disinfectant, as well as medical care benefits. |
| (3) | An allowance for medical care and living costs shall be paid monthly, and the payments shall be made beginning on the month following the month during which an application for recognition of health damage caused by humidifier disinfectant is filed pursuant to Article 10 and ending on the month during which the cause for paying the allowance for medical care and living costs ceases to exist. |
| (4) | No application for paying an allowance for medical care and living costs may be filed upon the expiration of three years from the date on which a victim of humidifier disinfectants receives a notice of eligibility for the allowance for medical care and living costs. |
| Article 15 (Funeral Expenses) |
| (1) | If a victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 dies due to health damage caused by humidifier disinfectants, funeral expenses shall be paid to the victim’s bereaved family members who hold a funeral for the victim. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | The amount of funeral expenses referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | No application for paying funeral expenses pursuant to paragraph (1) may be filed upon the expiration of three years from the date on which a victim of humidifier disinfectant dies. |
| Article 16 (Nursing Expenses) |
| (1) | Nursing expenses shall be paid to victims of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | The amount of nursing expenses shall be prescribed by Presidential Decree in consideration of the degree of immobility the victim of humidifier disinfectant prescribed in paragraph (1) experiences in leading daily life. <Amended by Act No. 15717, Aug. 14, 2018> |
| (3) | No application for paying nursing expenses may be filed upon the expiration of any of the following periods: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | In cases of nursing expenses incurred prior to gaining recognition of health damage caused by humidifier disinfectants pursuant to Article 10, three years from the date of receiving notice on such recognition; |
| 2. | In cases of nursing expenses incurred after gaining recognition of health damage caused by humidifier disinfectants pursuant to Article 10, three years from the date of receiving nursing care. |
| (4) | A determination to pay nursing expenses shall take effect retrospectively from the date on which an application for recognition of health damage caused by humidifier disinfectant is filed pursuant to Article 10. |
| Article 17 (Special Consolations for Bereaved Family Members and Special Funeral Expenses) |
| (1) | Special consolations for bereaved family members and special funeral expenses (hereinafter referred to as “special consolations for bereaved family members, etc.”) shall be paid to the bereaved family members of any of the following persons: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | A person who dies before this Act enters into force, being recognized by the Minister of Environment as having died due to health damage caused by humidifier disinfectants after his/her death; |
| 2. | A person who dies after this Act enters into force without applying for recognition of health damage caused by humidifier disinfectants, being recognized by the Minister of Environment as having died due to health damage caused by humidifier disinfectants after his/her death; |
| 3. | A person who applies for recognition of health damage caused by humidifier disinfectants under this Act, but dies before gaining the recognition of health damage caused by humidifier disinfectants, and is recognized by the Minister of Environment as having died due to health damage caused by humidifier disinfectants after his/her death. |
| (2) | The amount of the special consolations for bereaved family members referred to in paragraph (1) shall be prescribed by Presidential Decree in consideration of the medical care benefits paid pursuant to Article 13 and the allowances for medical care and living costs paid pursuant to Article 14. |
| (3) | The amount of the special funeral expenses referred to in paragraph (1) shall be the same as that of the funeral expenses paid pursuant to Article 15. |
| (4) | No application for paying a special consolation to the bereaved family members, etc. of a person referred to in paragraph (1) 1 may be filed or or after the date this Act enters into force, and no application for paying a special consolation to the bereaved family members, etc. of a person referred to in paragraph (1) 2 or 3 may be filed upon the expiration of five years following the person’s death. |
| Article 18 (Scope and Priority Order of Persons Entitled to Special Consolations for Bereaved Family Members, etc.) |
| (1) | Persons entitled to special consolations for bereaved family members, etc. shall be those who lived together with a victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2, and who fall under any of the subparagraphs of Article 17 (1) as at the time the victim died. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | The order of priority of persons entitled to special consolations for bereaved family members, etc. under paragraph (1) shall be the spouse (including a person who is in a de facto marital relationship), children, parents, grandchildren, grandparents, and siblings of the deceased in the named order. |
| (3) | If at least two bereaved family members are entitled to special consolations for bereaved family members, etc. under paragraph (1) in the same order of priority, the special consolations for bereaved family members, etc. shall be apportioned to such bereaved family members equally. |
| Article 19 (Special Recognition as Bereaved Family Members) |
| (1) | A person who seeks to obtain a special consolation for bereaved family members, etc. pursuant to Article 17 (1) shall apply for recognition with the Minister of Environment (hereafter in this Article referred to as “special recognition as a bereaved family member”), along with a document stating medical opinions on health damage caused by humidifier disinfectant and other matters prescribed by Presidential Decree; and Article 10 (2) and (3) shall apply mutatis mutandis to application procedures. In such cases, “recognition of health damage caused by humidifier disinfectant” shall be construed as “special recognition as a bereaved family member.” |
| (2) | Except as provided in paragraph (1), matters necessary for the procedures and methods for special recognition as bereaved family members shall be prescribed by Presidential Decree. |
| Article 20 (Remedial Benefit Adjustments) |
| (1) | Where a victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 dies due to the health damage caused by the humidifier disinfectant, if the sum of the medical care benefits, allowance for medical care and living costs, and nursing expenses paid (hereafter in this paragraph referred to as “sum”) is less than the amount of the special consolation for bereaved family members determined under Article 17 (2), the amount of the special consolation for bereaved family members minus the aforesaid sum shall be paid as a remedial benefit adjustment to the bereaved family members who lived with the victim of the humidifier disinfectant as at the time the victim died. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members entitled to remedial benefit adjustments. In such cases, “special consolations for bereaved family members, etc.” shall be construed as “remedial benefit adjustments.” |
| (3) | No application for paying a remedial benefit adjustment pursuant to paragraph (1) may be filed upon the expiration of three years following the date on which a victim of humidifier disinfectants prescribed in paragraph (1) dies. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 21 (Request for Payment and Determination of Remedial Benefits) |
| (1) | A person who seeks to obtain remedial benefits shall request the Minister of Environment to pay them, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment shall determine whether to pay remedial benefits within 14 days of receipt of a request for payment under paragraph (1): Provided, That the period may be extended by 14 days with notice of ground therefor, if it is difficult to determine whether to pay remedial benefits within 14 days. |
| (3) | In determining whether to pay remedial benefits, the Minister of Environment shall submit the matters prescribed by Presidential Decree to the Committee on Remedying Damage for deliberation. |
| Article 22 (Payment of Remedial Benefits) |
| (1) | The Minister of Environment shall pay remedial benefits within 30 days from the date on which the Minister determines to pay the remedial benefits. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | Where any victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 has an objection to the amount of money not included in the payment of remedial benefits and the grounds therefor, he/she may apply for the adjustment of remedial benefits to the Minister of Environment within 30 days from the date of receiving the remedial benefits. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| (3) | Matters necessary for the payment of remedial benefits pursuant to paragraph (1) and the application for adjustment of remedial benefits pursuant to paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 23 (Accrued Medical Care Benefits, etc.) |
| (1) | Medical care benefits, allowances for medical care and living costs, or nursing expenses (hereinafter referred to as “medical care benefits, etc.”) payable to a person entitled to such medical care benefits, etc. (hereinafter referred to as “eligible beneficiary”) as at the time the beneficiary died shall be paid upon request by a bereaved family member who lived with the beneficiary at the time of the eligible beneficiary’s death. |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members entitled to the medical care benefits, etc. In such cases, “special consolations for bereaved family members, etc.” shall be construed as “medical care benefits, etc.” |
| (3) | No request to pay accrued medical care benefits, etc. pursuant to paragraph (1) may be filed upon the expiration of the three-year period from the date of death of an eligible beneficiary. |
| Article 24 (Restrictions on Payment of Medical Care Benefits, etc.) |
| (1) | If a victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 is found to have aggravated his/her health damage or have interfered with his/her treatment intentionally or by gross negligence, the Minister of Environment may determine to discontinue the payment of all or some of the medical care benefits, etc. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | Upon determining to discontinue the payment of medical care benefits, etc. pursuant to paragraph (1), the Minister of Environment shall notify the victim of humidifier disinfectant or his/her bereaved family members of such determination. |
| (3) | Matters necessary for restricting the payment of medical care benefits, etc. shall be prescribed by Presidential Decree. |
| Article 25 (Relationship with Other Compensation for Loss or Damage) |
| (1) | If a person entitled to remedial benefits pursuant to this Act has received money or goods amounting to the remedial benefits provided in this Act, pursuant to the Civil Act or any other Act or subordinate statute on the same grounds, the remedial benefits provided in this Act shall be withheld up to the amount of the money or goods already received and converted by the method prescribed by Presidential Decree. |
| (2) | The Minister of Environment may have a right to exercise, by subrogation, the right of a victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 or his/her bereaved family members to claim compensation against the humidifier disinfectant supplier, etc., to the extent of the remedial benefits, if any, paid pursuant to this Act. <Amended by Act No. 15717, Aug. 14, 2018> |
| (3) | In exercising, by subrogation, the right to claim compensation pursuant to paragraph (2), the special consolation for bereaved family members provided in Article 17 and the remedial benefit adjustment provided in Article 20 shall be construed as consolation money granted pursuant to the Civil Act. |
| (4) | Where the Minister of Environment pays benefits or a certain amount of money to a person who is not a victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2 with funds from the Special Remedy Account for Damage Caused by Humidifier Disinfectants prescribed in Article 31 (1) pursuant to Article 32, and if such person is recognized as having suffered health damage caused by humidifier disinfectants thereafter, the right to claim compensation may be exercised by subrogation to the extent of the benefits or the amount of money paid up to that point of time, by applying paragraphs (2) and (3) mutatis mutandis. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| Article 26 (Recovery of Unjust Gains) |
| (1) | The Minister of Environment shall recover remedial benefits (referring to double the benefits in the case of subparagraph 1) paid to a person and transfer the remedial benefits to the Special Account for Environmental Improvement established under Article 45 of the Framework Act on Environmental Policy if: |
| 1. | The person has obtained the remedial benefits by fraud or other illegal means; |
| 2. | The remedial benefits have been erroneously paid. |
| (2) | Matters necessary for the method for recovering unjust gains shall be prescribed by Presidential Decree. |
| Article 27 (Protection of Entitlements) |
No entitlement to remedial benefits under this Act shall be transferred, seized, or provided as security.
| Article 28 (Exemption from Public Dues) |
Neither the State nor a local government shall impose any public due on money or goods paid or provided as remedial benefits.
| Article 29 (Requests for Reexamination) |
| (1) | A person dissatisfied with a determination, recognition, etc. (hereafter referred to in this Article as “determination, etc.”) with regard to any of the following matters may file a request for reexamination with the Minister of Environment: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | An order to provide or allow perusal of information pursuant to Article 6 (5) (including cases applied mutatis mutandis pursuant to Article 9-2 (4)); |
| 2. | Recognition of health damage caused by humidifier disinfectants and the grade of injury pursuant to Article 10 (2); |
| 3. | Revocation of recognition of health damage caused by humidifier disinfectants, renewal of the term of validity, and change of the grade of injury pursuant to Article 11 (3); |
| 4. | Special recognition as bereaved family members pursuant to Article 19 (1); |
| 5. | Payment of remedial benefits pursuant to Article 21 (3). |
| (2) | A request for reexamination pursuant to paragraph (1) shall be filed within 90 days from the date on which the requester becomes aware that the relevant determination, etc. has been made: Provided, That a period during which it is impossible to file a request for examination due to a natural disaster, war, upheaval, or other force majeure event shall be excluded from the period for filing a request for reexamination. |
| (3) | Except as provided in paragraphs (1) and (2), the procedures and methods for filing requests for reexamination, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 30 (Deliberation on and Determination as to Requests for Reexamination) |
| (1) | The Minister of Environment shall determine whether to conduct reexamination within 30 days from the date of receiving the request for reexamination pursuant to Article 29, subject to deliberation by the Committee on Remedying Damage: Provided, That the period may be extended only once by up to 30 days if it is impossible to determine within the aforesaid period in any inevitable circumstance. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | When calculating the period of determination pursuant to paragraph (1), the period required to supplement a request prescribed in Article 29 (1), the period required for medical judgment, etc. shall be disregarded. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| (3) | Except as provided in paragraphs (1) and (2), matters concerning determination on whether to conduct reexamination, notification of determination, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
CHAPTER III SPECIAL REMEDY ACCOUNT FOR DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 31 (Establishment and Funding of Special Remedy Account for Damage Caused by Humidifier Disinfectants) |
| (1) | The Minister of Environment shall establish and manage a Special Remedy Account for Damage Caused by Humidifier Disinfectants (hereinafter referred to as the “Special Remedy Account”) to provide support to the victims of humidifier disinfectants. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | The Special Remedy Account shall be funded by the following, and the amount thereof shall not exceed 200 billion won: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | Contributions to remedy damage caused by humidifier disinfectants pursuant to Article 34; |
| 2. | Government contributions; |
| 3. | Proceeds accruing from managing the Special Remedy Account; |
| 5. | Surplus accruing at the settlement of accounts of the Special Remedy Account; |
| Article 32 (Use of Funds from Special Remedy Account) |
Funds from the Special Remedy Account shall be used for the following purposes: Provided, That government contributions prescribed in Article 31 (2) 2 shall be used only for the purposes provided in subparagraphs 1, 6, 7 and 8 (a): <Amended by Act No. 15717, Aug. 14, 2018> | 1. | Paying benefits to any of the following victims of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2. In such cases, the amount and period of such benefits shall amount to those of remedial benefits: |
| (a) | A victim of humidifier disinfectant whose supplier liable to compensate for damage pursuant to Article 4 cannot be identified; |
| (b) | A victim of humidifier disinfectant whose supplier liable to compensate for damage pursuant to Article 4 is in financial hardship and practically unable to pay compensation; |
| 2. | Paying benefits to a person, among the applicants for recognition, recognized by the Minister of Environment as needing assistance equivalent to remedial benefits after deliberation by the Remedy Account Management Committee referred to in Article 33 (4) on epidemiological investigations, the degree of exposure to humidifier disinfectants, and the connection between the use of humidifier disinfectants and the damage to life or health, etc.; |
| 3. | Repaying borrowings and interest; |
| 4. | Reimbursing expenses incurred in funding, managing and operating the Special Remedy Account; |
| 5. | Supporting victims’ organizations referred to in Article 9 (4); |
| 6. | Reimbursing expenses incurred in medical examinations and tests pursuant to Article 10 (4); |
| 7. | Reimbursing expenses incurred in demanding medical examinations and tests pursuant to Article 38; |
| 8. | In any of the following cases, reimbursing expenses recognized as necessary by the Minister of Environment after deliberation by the Remedy Account Management Committee prescribed in Article 33 (4): |
| (a) | Where emergency medical assistance is needed for an applicant for recognition; |
| (b) | Where a substantial difference exists between the amount of benefits paid pursuant to subparagraph 1 of Article 32 and the amount of compensation paid by the humidifier disinfectant supplier to another victim of humidifier disinfectants prescribed in subparagraph 4 (a) of Article 2; |
| (c) | Where expenses are incurred to perform the duties pursuant to this Act, as prescribed by Presidential Decree; |
| 9. | Reimbursing expenses incurred in conducting investigations and research regarding health damage caused by humidifier disinfectants. |
| Article 33 (Management and Operation of Special Remedy Account) |
| (1) | The Minister of Environment shall manage and operate the Special Remedy Account as follows: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | Depositing and placing money in trust at a financial institution or postal service agency; |
| 2. | Depositing in a treasury fund; |
| 3. | Purchasing beneficiary certificates of an investment trust or similar; |
| 4. | Purchasing securities issued directly or guaranteed by the State, a local government, or a financial institution; |
| 5. | Other methods prescribed by Presidential Decree. |
| (2) | The Minister of Environment shall apply the Korea Financial Accounting Standards to the accounting for the Special Remedy Account. <Amended by Act No. 15717, Aug. 14, 2018> |
| (3) | The Minister of Environment may partially entrust the duties related to managing and operating the Special Remedy Account to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereafter referred to in this Article the “Technology Institute”). <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| (4) | The president of the Technology Institute shall organize and operate a Remedy Account Management Committee to manage and operate the Special Remedy Account and to recognize the need for benefits and subsidies provided in subparagraphs 2 and 8 of Article 32. <Amended by Act No. 15717, Aug. 14, 2018> |
| (5) | The Remedy Account Management Committee referred to in paragraph (4) shall be comprised of not more than twenty members, including one chairperson, who have expertise and abundant experience in the relevant fields, and the chairperson shall be elected from among and by the members. The Remedy Account Management Committee may establish a special committee to conduct professional review on the recognition of the need for benefits and subsidies provided in subparagraph 2 or 8 of Article 32. <Amended by Act No. 15717, Aug. 14, 2018> |
| (6) | If the Minister of Environment has erroneously paid benefits or expenses provided in subparagraphs 1, 2 and 6 through 8 of Article 32 or a victim of humidifier disinfectant has obtained such benefits by fraud or other improper means, he or she shall recover a full amount paid (referring to double the amount paid if the victim has obtained such benefit by fraud or other improper means) and transfer it to the Special Remedy Account. <Amended by Act No. 15717, Aug. 14, 2018> |
| (7) | Except as provided in paragraphs (1) through (6), other matters relating to managing and operating the Special Remedy Account, such as the procedures for disbursement, establishing and operating the Remedy Account Management Committee, recognizing the need for benefits or subsidies, and paying benefits and subsidies pursuant to Article 32 shall be prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 34 (Contributions to Remedy Damage Caused by Humidifier Disinfectants) |
| (1) | The Minister of Environment shall impose and collect contributions to remedy damage caused by humidifier disinfectants (hereinafter referred to as “contributions”) on and from the following persons, as prescribed by Presidential Decree, in order to secure funding for supporting the victims of humidifier disinfectants under this Act. In such cases, the Minister of Environment may entrust imposition and collection of contributions to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act pursuant to Article 42 (2) (hereafter in this Article and Article 35, referred to as the “Imposing and Collecting Authority”): |
| 1. | Humidifier disinfectant suppliers; |
| 2. | Raw material suppliers. |
| (2) | Notwithstanding paragraph (1), a person who fails to meet specified standards regarding the sales of humidifier disinfectants or raw materials or the capacity to pay contributions may be exempted from the obligation to pay the contribution or granted a reduction of the contribution, as prescribed by Presidential Decree. |
| Article 35 (Calculation and Payment of Contributions) |
| (1) | The total amount of contributions to be paid by humidifier disinfectant suppliers shall be 100 billion won, and the amount of a contribution payable by each humidifier disinfectant supplier shall be calculated by the following formula: |
Contribution = 100 billion won ×｛(usage ratio of humidifier disinfectant × 2.5 ＋ sales ratio of humidifier disinfectant × 1) / 3.5｝
| (2) | “Usage ratio of humidifier disinfectant” in paragraph (1) means the share of an individual humidifier disinfectant supplier among all humidifier disinfectant users confirmed through a survey of applicants for recognition on environmental exposure, to identify an environment, the period of exposure to humidifier disinfectants, and the products consumed; and the timing for calculating the usage ratio of humidifier disinfectant and the detailed method of calculation shall be prescribed by Presidential Decree. |
| (3) | “Sales ratio of humidifier disinfectant” in paragraph (1) means the sales share of an individual humidifier disinfectant supplier among the total sales of humidifier disinfectants sold from 1994 to 2011, and the detailed method for calculation shall be prescribed by Presidential Decree. |
| (4) | If more than one humidifier disinfectant supplier is involved with the same humidifier disinfectant, the suppliers are jointly liable to pay the contribution, as determined by Presidential Decree, based upon the period and scale of business. |
| (5) | A raw material supplier shall pay as an additional contribution an amount equivalent to 25/100 of the contribution to be paid by the relevant humidifier disinfectant supplier. |
| (6) | If a person liable to pay a contribution fails to pay it by the payment deadline, the Minister of Environment or the head of the Imposing and Collecting Authority shall demand the person to pay it within a specified period of at least 30 days. In such cases, a late-payment penalty of up to 3/100 of the contribution in arrears shall be imposed for a period from the day after the payment deadline to the day before the payment date, and the rate of the late-payment penalty shall be prescribed by Presidential Decree. |
| (7) | If a person in receipt of demand notice pursuant to paragraph (6) fails to pay his/her/its contribution and late-payment penalty within the specified period, such contribution and late-payment penalty shall be collected in the same manner as delinquent national taxes are collected. |
| (8) | Matters necessary for imposing and collecting contributions, such as paying them in installments, methods of collection, payment deadlines, and payment procedures, shall be prescribed by Presidential Decree. |
| Article 36 (Filing Objections) |
| (1) | Any of the persons referred to in the subparagraphs of Article 34 (1) who has an objection to the contribution imposed, may file an objection with the Minister of Environment within 30 days from the date he/she receives a notice for payment of the contribution. |
| (2) | Upon receipt of an objection filed under paragraph (1), the Minister of Environment shall make a determination as to the objection within 30 days from the date of receiving the objection and give notice to the applicant of the determination. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 37 (Inspections and Reporting) |
| (1) | Where necessary for performing the duties provided in this Act, the Minister of Environment may request a humidifier disinfectant supplier, a raw material supplier, a victim of humidifier disinfectant or his/her bereaved family member, or the head of a relevant administrative agency or a relevant institution, corporation, or organization prescribed by Presidential Decree (hereafter in this Article referred to as “supplier, etc.”) to perform, or direct his/her employees to perform, each of the following: |
| 1. | Submitting materials, goods, and opinions necessary for performing the duties provided in this Act; |
| 2. | Inspecting materials, goods, facilities, and related parties necessary for performing the duties provided in this Act. |
| (2) | To conduct an inspection pursuant to paragraph (1) 2, the relevant public official shall carry identification indicating his/her authority and produce it to interested persons. |
| (3) | A supplier, etc. in receipt of a request pursuant to paragraph (1) shall comply therewith except in special circumstances. |
| (5) | An eligible beneficiary or a person formerly entitled to benefits, a humidifier disinfectant supplier, or a raw material supplier shall report to the Minister of Environment on any matter prescribed by Presidential Decree regarding changes in the entitlement, within one month of the change. |
| Article 38 (Demand for Medical Examination) |
Where necessary for making a determination under this Act, the Minister of Environment may demand that a victim of humidifier disinfectant or an applicant for recognition undergo a medical examination, test, or checkup at an institution determined by the Minister of Environment, as prescribed by Presidential Decree.
| Article 39 (Temporary Suspension of Remedial Benefits) |
| (1) | The Minister of Environment may temporarily suspend payment of remedial benefits if a beneficiary of remedial benefits falls under any of the following: |
| 1. | Where the beneficiary fails to report under Article 37 (5) or (6); |
| 2. | Where the beneficiary fails to comply with a demand made under Article 38; |
| 3. | Where any other event prescribed by Presidential Decree occurs. |
| (2) | Kinds of remedial benefits that can be temporarily suspended pursuant to paragraph (1) and the period and procedure for temporary suspension shall be prescribed by Presidential Decree. |
| Article 40 (Establishment and Operation of Comprehensive Support Center for Victims of Humidifier Disinfectants, etc.) |
| (1) | The Government shall establish and operate a Comprehensive Support Center for Victims of Humidifier Disinfectants to provide support for victims of humidifier disinfectants under the control of the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act. <Amended by Act No. 15717, Aug. 14, 2018> |
| (2) | The Comprehensive Support Center for Victims of Humidifier Disinfectants referred to in paragraph (1) shall perform the following functions: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | Collecting and managing information on humidifier disinfectants, health damage caused by humidifier disinfectants, and victims of humidifier disinfectants; |
| 2. | Identifying victims of humidifier disinfectants; |
| 3. | Educating and campaigning to prevent recurrence of similar damage; |
| 4. | Establishing and operating an information system for performing duties of the Comprehensive Support Center for Victims of Humidifier Disinfectants; |
| 5. | Other support for victims of humidifier disinfectants, as prescribed by Presidential Decree. |
| (3) | In order to professionally conduct investigation, research, etc. on health damage caused by humidifier disinfectants, the Minister of the Environment may designate and operate national or public research institutes, schools defined in Article 2 of the Higher Education Act, or any other institutions prescribed by Ordinance of the Ministry of Environment including hospitals as a humidifier disinfectants health center. <Newly Inserted by Act No. 15717, Aug. 14, 2018> |
| (4) | A humidifier disinfectants health center referred to in paragraph (3) shall perform the following functions: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | Monitoring the health of victims of humidifier disinfectants and other persons prescribed by Presidential Decree; |
| 2. | Providing medical consultation and support for victims of humidifier disinfectants; |
| 3. | Researching and studying into effects of humidifier disinfectants and toxic chemical substances on health; |
| 4. | Studying into treatment and nursing of health damage caused by humidifier disinfectants, and rehabilitation therapy thereof; |
| 5. | Researching and studying into other health damage caused by humidifier disinfectants prescribed by Presidential Decree. |
| (5) | Matters necessary for establishing, operating, etc. the Comprehensive Support Center for Victims of Humidifier Disinfectants referred to in paragraph (1) and a humidifier disinfectants health center referred to in paragraph (3) shall be prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 41 (Special Rule for Extinctive Prescription) |
| (1) | Notwithstanding Article 766 (1) of the Civil Act, the right to claim compensation for health damage caused by a humidifier disinfectant shall be extinguished by completion of prescription unless exercised within five years from the date on which a victim of the humidifier disinfectant or his/her bereaved family member or legal representative becomes aware of the damage and of the person liable to compensate for damage pursuant to Article 4. |
| (2) | Notwithstanding Article 766 (2) of the Civil Act, the right to claim compensation for health damage caused by a humidifier disinfectant shall be extinguished by completion of prescription unless exercised within 30 years from the date the damage occurs. <Amended by Act No. 15717, Aug. 14, 2018> |
| Article 42 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may partially delegate his/her authority provided in this Act to the head of his/her affiliated agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may partially entrust his/her authority provided in this Act to the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act and the Environmental Health Center designated pursuant to Article 26 of the Environmental Health Act, as prescribed by Presidential Decree. |
| Article 43 (Persons to be Deemed Public Officials for Purposes of Penalty Provisions) |
Members of the Committee on Remedying Damage, the special committee for examination and determination of pulmonary diseases, the special committee for examination and determination of extrapulmonary diseases, the Remedy Account Management Committee, and expert committees referred to in Articles 7 (5) and 33 (5) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended by Act No. 15717, Aug. 14, 2018>
| Article 44 (Duty to Maintain Confidentiality) |
No person who serves, or has served, as any of the following shall divulge any confidential information he/she becomes aware of in the course of performing his/her duties: <Amended by Act No. 15717, Aug. 14, 2018>
| 1. | A member of the Committee on Remedying Damage, the special committee for examination and determination of pulmonary diseases, the special committee for examination and determination of extrapulmonary diseases, the Remedy Account Management Committee, or expert committees referred to in Articles 7 (5) and 33 (5); |
| 2. | An employee of an institution entrusted with authority pursuant to Article 42. |
CHAPTER V PENALTY PROVISIONS
| Article 45 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than two years, or by a fine not exceeding twenty million won: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | A person who obtains any remedial benefit or any benefit referred to in subparagraph 1 or 2 of Article 32 by fraud or other illegal means; |
| 2. | A person who receives the assistance prescribed in subparagraph 8 of Article 32 by fraud or other improper means; |
| 3. | A person who divulges any confidential information he/she has become aware of in the course of performing his/her duties, in violation of Article 44. |
| (2) | Any of the following persons shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won: <Amended by Act No. 15717, Aug. 14, 2018> |
| 1. | A person who divulges or provides information to any third person or misappropriates it, in violation of Article 6 (6) (including cases applied mutatis mutandis under Article 9-2 (4)); |
| 2. | A person who submits any false material, goods, or opinion in relation to a request or an inspection pursuant to Article 37 (1); |
| 3. | A person who fails or refuses to comply with a request or an inspection without just cause, in violation of Article 37 (3); |
| 4. | A person who fails or refuses to provide personal information without just cause, in violation of Article 37 (4). |
| Article 46 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or other servant of a corporation or an individual commits any offense provided in Article 45 (2) in the course of performing the duties of the corporation or the individual, not only shall the offender be punished accordingly, but the corporation or individual also shall be punished by a fine prescribed in said provision: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
| Article 47 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to report, or falsely reports, in violation of Article 37 (5); |
| 2. | A person who fails to report, or falsely reports, in violation of Article 37 (6). |
| (2) | A person who fails to comply with an order to provide or allow perusal of information issued under Article 6 (5) (including cases applied mutatis mutandis under Article 9-2 (4)) may be subject to an administrative fine not exceeding one hundred million won per year depending on the number of days during which the person fails to comply with the order, as prescribed by Presidential Decree. <Amended by Act No. 15717, Aug. 14, 2018> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 37 (1) through (4), 45 (2) 2 through 4, and 46 (except violations of Article 45 (2) 1) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures)
| (1) | Any application, request, determination, payment, support, or recognition pursuant to Article 20 of the Environmental Health Act before this Act enters into force shall be deemed an application, request, determination, payment, support, or recognition pursuant to this Act. |
| (2) | When applying the period for processing the work under this Act for any application, request, determination, payment, support, or recognition pursuant to paragraph (1), the date this Act enters into force may be deemed the date from which the period for processing the work runs. |
| (3) | If a victim of humidifier disinfectant receiving the support pursuant to Article 20 (1) of the Environmental Health Act before this Act enters into force falls under any of the items of subparagraph 1 of Article 32, the Minister of Environment may pay the victim a remedial benefit in lieu of the benefit provided in subparagraph 1 of Article 32 for the remainder of the term of validity recognized pursuant to paragraph (1). |
ADDENDUM <Act No. 15717, Aug. 14, 2018>
This Act shall enter into force six months after the date of its promulgation.