SPECIAL ACT ON THE SUPPORT FOR MINE VICTIMS
Act No. 12790, Oct. 15, 2014
Amended by Act No. 14081, Mar. 22, 2016
Act No. 16359, Apr. 23, 2019
The purpose of this Act is to contribute to stabilizing the livelihood of persons harmed by mine accidents or their surviving family members by paying compensation and a subsidy for medical expenses.
The terms used in this Act shall be defined as follows:
| 2. | The term “victim” means a person who died (including a person who has died due to the aftereffect of the injury: hereinafter the same shall apply) or was injured (including diseases prescribed by Presidential Decree: hereinafter the same shall apply) in a mine accident which occurred during the period from the time the Korean Armistice Agreement was signed on July 27, 1953 to three years prior to the enforcement of this Act; |
| 3. | The term “surviving family member” means a property inheritor as provided for in the Civil Act of a victim who dies or is deemed dead. |
| Article 3 (Deliberation Committee of Support for Victims) |
| (1) | A deliberation committee of support for victims (hereinafter referred to as the “Committee”) shall be established under the jurisdiction of the Minister of Defense to deliberate or resolve on the following matters concerning support for victims and their surviving family members: |
| 1. | Whether a person is eligible as a victim or a surviving family member; |
| 2. | Whether the damage due to a mine accident is true; |
| 3. | Whether the damage due to a mine accident is caused by a mistake, and the degree of such a mistake; |
| 4. | Matters concerning the payment of compensation and subsidies for medical expenses to victims or their surviving family members; |
| 5. | Matters concerning support for the organizations related to victims; |
| 6. | Other matters prescribed by Presidential Decree regarding support for victims. |
| (2) | The Committee shall be comprised of up to 15 members, including one Chairpersons. |
| (3) | Members shall be commissioned or appointed by the Minister of Defense from among the following persons, and the Chairperson of the Committee shall be elected by and from among its members: |
| 1. | Persons with abundant knowledge and experience about mine accidents; |
| 2. | Public officials who perform the duties related to support, etc. for victims and their surviving family members. |
| (4) | Other matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree. |
| (1) | Compensation computed by adding the interest calculated at the statutory interest rate from the date of death or injury to the date a decision to pay compensation is made, to the amount computed as follows, shall be paid to victims or their surviving family members: |
| 1. | For a surviving family member of a dead victim: an amount shall be calculated by multiplying the monthly salary, monthly net income, or average wage (hereafter referred to as “monthly average wage” in this Act) as of the death of the victim by the potential future employment period, and deducting the intermediary interest by the single discount method at the statutory interest rate; |
| 2. | For an injured victim, the aggregate of each of the following amounts: |
| (a) | Closing compensation: Where the monthly average wage is lost due to medical treatment, the amount of such loss amount during the period of medical treatment; |
| (b) | Disability compensation: Depending on the degree of labor force lost due to a physical disability, an amount shall be calculated by multiplying the monthly average wage, and the rate of loss of labor force by the potential future employment period, and deducting the intermediary interest by the single discount method at the statutory interest rate; |
| 3. | For a surviving family member of a person who was injured and died of the aftereffect of the injury, the aggregate of each of the following amounts: |
| (a) | Compensation for injury: the amount calculated under subparagraph 2. In such cases, “the potential future employment period” referred to in subparagraph 2 (b) shall be construed as “the period from the time of injury until the time of death”; |
| (b) | Compensation for death: the amount calculated under subparagraph 1. In such cases, “the time of death” shall be construed as “the time of injury”, “the potential future employment period” as “the period from the time of death until the potential future employment period.” |
| (2) | Where an injured victim dies of a cause other than the injury, the compensation calculated under paragraph (1) 2 shall be paid to the surviving family member. In such cases, “the potential future employment period” referred to in paragraph (1) 2 (b) shall be construed as “the period from the time of injury until the time of death.” |
| (3) | The monthly average wage shall be calculated based on the certificate issued by the head of a Si/Gun/Gu or the head of the tax office having jurisdiction over the domicile of a victim, or other creditworthy certificate; however, the monthly average wage shall be as prescribed by Presidential Decree if it is unverifiable. |
| (4) | When calculating the compensation payable to the surviving family member under paragraph (1), the cost of living prescribed by Presidential Decree shall be deducted from the monthly average wage. |
| (5) | The potential future employment period, the degree of disability, the rate of loss of labor force, and the deduction method of intermediary interest by the single discount method pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| (6) | Where the compensation calculated based on the monthly average wage at the time of death or injury pursuant to Article 1 is less than 20 million won, such compensation may be paid after adjustment to an amount not exceeding 20 million won, taking into consideration the potential future employment period, the degree of disability, and other relevant matters of the victim as prescribed by Presidential Decree. <Newly Inserted on Mar. 22, 2016> |
| Article 5 (Subsidies for Medical Expenses) |
| (1) | Medical expenses actually incurred in relation to medical treatment, protection, and purchase of assistive device shall be reimbursed in lump sum, as prescribed by Presidential Decree, to injured victims who require continuous medical treatment, constant care, or an assistive device due to an injury. |
| (2) | When granting subsidies for medical expenses under paragraph (1), the intermediary interest shall be deducted by the single discount method at the statutory interest rate. |
| (3) | Where an injured victim has already paid money for medical treatment, constant care and purchasing assistive devices, expenses shall be reimbursed to him/her: Provided, That the standard and method for reimbursement shall be prescribed by Presidential Decree. |
| Article 6 (Restriction on Payment of Compensation) |
| (1) | Compensation and subsidies for medical expenses provided for in Article 4 and 5 (hereinafter referred to as “compensation, etc.”) shall be paid after reduction depending on a victim’s level of fault contributing to the occurrence of a mine accident. In such cases, the rate and amount of reduction depending on a victim’s level of fault shall be prescribed by Presidential Decree. |
| (2) | No compensation, etc. shall be paid in any of the following circumstances: |
| 1. | Where a victim or his/her surviving family member has been compensated from the State with respect to the mine accident; |
| 2. | Where a victim or his/her surviving family member has received a final ruling in the litigation against the State with respect to the mine accident. |
| Article 7 (Surviving Family Members’ Entitlement) |
A surviving family member is entitled to be paid compensation pursuant to the provisions governing inheritance of property under the Civil Act.
| Article 8 (Applications for Payment of Compensation) |
| (1) | A victim or his/her surviving family (hereinafter referred to as “an applicant”) who intends to receive compensation, etc. under this Act shall file a written application for payment of compensation, etc. accompanied by the evidentiary documents, with the Committee, as prescribed by Presidential Decree. |
| (2) | An application for payment of compensation, etc. shall be filed not later than May 31, 2021. <Amended on Apr. 23, 2019> |
| Article 9 (Determination of Payment) |
The Committee shall determine whether to pay compensation, etc. and the amount thereof within five months from receipt of an application for payment of compensation, etc.: Provided, That such period may be extended up to twice, within five-month period each, when extenuating circumstances exist, including when the whereabouts of witnesses and testifiers regarding the mine accident is unknown, or when documents are not prepared. <Amended on Mar. 22, 2016>
| Article 10 (Service of Written Decision) |
| (1) | Upon determining whether to pay compensation, etc., the Committee shall serve the authentic copy of the written decision on the relevant applicant within 30 days. |
| (2) | Provisions governing service under the Civil Procedure Act shall apply mutatis mutandis to service of written decisions under paragraph (1). |
| Article 11 (Re-deliberation) |
| (1) | An applicant dissatisfied with the decision made under Article 9 may request re-deliberation to the Committee within 30 days from receipt of the written decision served under Article 10. |
| (2) | The main clause of Article 9 and Article 10 shall apply mutatis mutandis to re-deliberation and service under paragraph (1). In such cases, “five months” referred to in the main clause of Article 9 shall be construed as three months. <Amended on Mar. 22, 2016> |
| Article 12 (Payment of Compensation) |
| (1) | Where an applicant in receipt of the authentic copy of the written decision of compensation, etc. intends to receive the compensation, etc., he/she shall apply for payment of such compensation, etc. to the Committee, along the written consent to the decision. |
| (2) | Procedures for payment of compensation, etc., and other necessary matters shall be prescribed by Presidential Decree. |
| Article 13 (Protection of Entitlements to Compensation) |
No entitlement to receive compensation, etc. shall be transferred, seized, or provided as security.
| Article 14 (Recovery of Compensation) |
| (1) | Where any of the following applies to a person granted compensation, etc., the State shall fully or partially recover the amount paid: |
| 1. | Where he/she has obtained the compensation, etc. by fraud or other improper means; |
| 2. | Where the compensation, etc. has been paid erroneously. |
| (2) | A person who shall restitute the compensation, etc. pursuant to paragraph (1) shall, if he/she fails to restitute the relevant amount, comply with the example of the collection of national tax under the National Tax Collection Act. |
| Article 15 (Fact-Finding Surveys) |
| (1) | The Committee may hear testimony or statements from a victim, witness, or person for reference to examine the payment of compensation, etc., or may conduct verifications or surveys and may request necessary cooperation from the heads of the relevant agencies, if deemed necessary. In such cases, the heads of the relevant agencies shall comply with such except in exceptional circumstances. |
| (2) | Anyone can submit materials to the Committee or testify freely with regard to the payment, recovery, etc. of compensation, etc. and he/she shall not receive any disadvantageous treatment. |
| Article 16 (Extinctive Prescription) |
An entitlement to receive compensation, etc. pursuant to this Act extinguishes by prescription if not exercised within three years from the time the authentic copy of the written decision of compensation, etc. has been served on an applicant.
| Article 17 (Support for Relevant Organization) |
The State may partially subsidize funds, within budgetary limits, to a non-profit corporation or an organization which performs projects to stabilize the livelihood of, and to promote welfare of victims or their surviving family members, and which engages investigations, publicity, and educational activities to prevent mine damage.
| Article 18 (Restriction of Establishment of Relevant Organization) |
No one shall establish an organization or engage in any personal activity for gain under the pretense of providing support for victims or their surviving family members, unless otherwise expressly permitted under this Act.
| Article 19 (Deemed Public Official for Purposes of Penalty Provisions) |
| Article 20 (Penalty Provisions) |
| (1) | A person who obtains compensation, etc. by fraud or other improper means shall be punished by imprisonment with labor for not more than 5 years, or by a fine not exceeding 50 million won. |
| (2) | A person who violates Article 18 shall be punished by imprisonment with labor for not more than 3 years, or by a fine not exceeding 30 million won. |
| (3) | A person who attempts to commit the crime provided for in paragraph (1) shall be punished. |
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 14081, Mar. 22, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 (Applicability)
The amended provisions of Article 4 (6) and the proviso to Article 9 shall apply to the persons applying for payment of compensation, etc. before this Act enters into force.
ADDENDUM <Act No. 16359, Apr. 23, 2019>
This Act shall enter into force on June 1, 2019.