ENFORCEMENT DECREE OF THE SPECIAL ACT ON THE SUPPORT FOR MINE VICTIMS
Presidential Decree No. 26193, Apr. 14, 2015
Amended by Presidential Decree No. 27708, Dec. 30, 2016
Presidential Decree No. 29194, Sep. 28, 2018
| Article 2 (Mine Accident?Related Diseases) |
“Diseases prescribed by Presidential Decree” referred to in subparagraph 2 of Article 6 of the Special Act on the Support for Mine Victims (hereinafter referred to as “the Act”) means diseases recognized by the Deliberation Committee of Support for Victims (hereinafter referred to as “the Committee”) under Article 3 of the Act, which initially occur or exacerbate either directly or indirectly due to any mine-accident-related wound.
| Article 3 (Functions of Committee) |
| 1. | Matters concerning procedures and methods for recovering consolatory money and subsidies for medical treatment provided for in Articles 4 and 5 of the Act (hereinafter referred to as “consolatory money, etc.”); |
| 2. | Matters concerning procedures and methods for fact-finding surveys, etc. of victims, witnesses or persons for reference provided for in Article 15 of the Act; |
| 3. | Other matters the Committee deems necessary with respect to support, etc. for mine accident victims. |
| Article 4 (Operation of Committee) |
| (1) | The Chairperson of the Committee (hereinafter referred to as “the Chairperson”) shall convene and preside over Committee meetings. |
| (2) | The term of office of Committee members referred to in Article 3 (3) 1 of the Act shall be two years, and may be consecutively renewed only once. |
| (3) | Where the Chairperson is unable to perform any of his/her duties in extenuating circumstances, the Committee member pre-designated by the Chairperson shall act on behalf of the Chairperson. |
| (4) | Where intending to hold a meeting, the Chairperson shall notify Committee members of the date, time, venue, agenda items, etc., for the meeting by three days before the meeting. |
| (5) | A majority of Committee members shall constitute a quorum, and any resolution thereby shall require the concurring vote of a majority of those present. |
| Article 5 (Establishment of Working Committees) |
| (1) | In order to pre-examine agenda items to be deliberated and resolved upon, and handle the matters delegated by the Committee, the following working committees (hereinafter referred to as the “each working committee”) shall be established in the Committee: |
| 1. | Working committee for examination of eligibility for the status of victims and bereaved family members; |
| 2. | Working committee for resolution on grades of disability. |
| (2) | The working committee for examination of eligibility for the status of victims and bereaved family members referred to in paragraph (1) 1 shall consist of up to ten members appointed or commissioned by the Chairperson with due consideration given to their genders, from among persons with abundant experience or knowledge concerning mine accidents. In such cases, three persons recommended by the relevant organization under Article 17 of the Act shall be included. |
| (3) | The working committee for resolution on grades of disability under paragraph (1) 2 (hereinafter referred to as “the working committee for resolution on grades of disability”) shall consist of up to ten members appointed or commissioned by the Chairperson with due consideration given to their gender, from among persons qualified as a specialized medical doctor under Article 77 of the Medical Service Act. In such cases, three persons recommended by the relevant organization under Article 17 of the Act shall be included. |
| (4) | The chairperson of each working committee shall be elected from among members belonging thereto. |
| (5) | The term of office of the members of each working committee shall be two years, and may be consecutively renewed only once. |
| (6) | Article 4 shall apply mutatis mutandis to each working committee. In such cases, “the Committee” shall be construed as “each working committee;” and “Committee members” as “members of each working committee,” respectively. |
| Article 6 (Disqualification, Challenge and Voluntary Abstention of Members) |
| (1) | Where any Committee member or a member of each working committee (hereafter referred to as a "member" in this Article) falls under any of the following subparagraphs, such member shall be disqualified from deliberation and resolution on relevant agenda items: |
| 1. | Where a member or a current or former spouse of a member is a party to the relevant agenda item or is holding any right jointly with a party to such an agenda item; |
| 2. | Where a member is or was a relative of a party to the relevant agenda item; |
| 3. | Where a member is a witness or a person for reference referred to in Article 15 (1) of the Act with respect to the relevant agenda item; |
| 4. | Where a member or any corporation or organization to which the members belongs is or was an agent of a party to the relevant agenda item. |
| (2) | Where any ground exists for which it would be difficult to expect the impartiality of any member in the course of deliberation and resolution, an applicant under Article 8 of the Act (hereinafter referred to as an “applicant”) may file a request for a challenge against such member with the Committee, and the Committee shall pass a resolution on such request. In such cases, the member subjected to such request for challenge shall not participate in the resolution. |
| (3) | A member falling under any cause for exclusion under any subparagraph of paragraph (1), shall notify the fact and voluntarily abstain from deliberation and resolution of the relevant agenda item. |
| (4) | Deleted. <Dec. 30, 2016> |
| Article 6-2 (Decommission of Committee Member) |
| (1) | The Minister of National Defense may decommission or dismiss a Committee member under Article 3 (3) of the Act where he/she falls under any of the following: |
| 1. | Where he/she becomes unable to perform his/her duties due to mental disorder; |
| 2. | Where any corruption or illegality exists with regard to his/her duties; |
| 3. | Where he/she is deemed to cease to be appropriate to be a member due to his/her neglect of duties, injury to dignity, or other grounds; |
| 4. | Where he/she fails to abstain despite falling under any subparagraph of Article 6 (1); |
| 5. | Where a member himself/herself declares that it is difficult to perform his/her duties. |
| (2) | Where a Committee member under Article 5 (2) of (3) falls under any subparagraph of paragraph (1), the Chairperson may dismiss or decommission him/her. |
[This Article Newly Inserted on Dec. 30, 2016]
| Article 7 (Staff Members of Committee) |
| (1) | One secretary and other necessary staff members shall be assigned to the Committee to handl e its administrative affairs. |
| (2) | The secretary shall be appointed by the Chairperson from among public officials in general service (including public officials in general service belonging to the Senior Civil Service Corps) of grade 4 or higher of the Ministry of National Defense. |
| (3) | The staff members assigned to the Committee pursuant to paragraph (1), may be recruited from among public officials dispatched by the relevant central administrative agencies or local governments and public officials in a fixed-term position: Provided, That where recruiting them from among public officials in a fixed-term position, persons with abundant experience and knowledge concerning mine accidents, may be employed preferentially. |
| (4) | Upon the order of the Chairperson, the secretary shall handle the administrative affairs of the Committee, and may attend Committee meetings to state his/her opinion. |
| Article 8 (Matters Necessary for Operation of Committee) |
| (1) | Allowances may be paid and travel expenses may be reimbursed to the members who attend Committee and each working committee meetings within budgetary limits: Provided, That this shall not apply where a member who is a public official, attends such meetings with direct regard to the affairs under his/her jurisdiction. |
| (2) | Travel expenses and other actual expenses may be reimbursed to a witness or a person for reference who attends Committee meetings, etc., within budgetary limits, pursuant to Article 15 of the Act. |
| (3) | In addition to the matters provided for in this Decree, other matters necessary for the operation of the Committee and each working committee shall be prescribed by the Chairperson via a resolution of the Committee. |
| Article 9 (Monthly Average Wage) |
| (1) | Where no evidential data exists concerning the monthly average wage under Article 4 (1) 1 of the Act (hereinafter referred to as “the monthly average wage”), the amount of monthly salary or monthly amount of day-labor wages by gender the nation-wide statistics on which are surveyed by occupational category by a wage survey institution which periodically publishes wage statistics at least annually, shall be deemed the monthly average wage. |
| (2) | When applying paragraph (1), statistics in a survey report of the Ministry of Employment and Labor on actual conditions of work by type of employment, shall first be referred to; and statistics of the Statistics Korea on the unit price of construction labor wages shall be referred to if no report on actual conditions of work by type of employment exists, but the amount of monthly salary or monthly amount of day-labor wages by gender of an ordinary laborers which is surveyed in a reliable manner shall be referred to even if no unit price of construction labor wages exists: Provided, That the minimum limit of the wage shall be the monthly average wage by gender based on the statistics in a survey report on actual conditions of wages by occupational category of the year immediately before the year of the relevant mine accident. |
| (3) | Where no statistics referred to in paragraphs (1) and (2) are available or such statistics are unclear, the Committee shall determine the monthly average wage in consideration of the opinion of the working committee for examination of eligibility for the status of victims and bereaved family members under Article 5 (1) 1 and the inflation rate from the year of the latest wage statistics (referring to the latest wage statistics among the wage statistics already published at the time of the relevant mine accident) to the year of the relevant mine accident: Provided, That the maximum limit of the monthly average wage shall be the monthly average wage by gender based on the statistics referred to in paragraphs (1) and (2) which are first published after the victim suffered a mine accident. <Newly Inserted on Dec. 30, 2016> |
| Article 10 (Subtraction of Living Costs) |
“Living costs prescribed by Presidential Decree” in Article 4 (4) of the Act means an amount calculated by multiplying the monthly average wage by such proportion of living costs thereto as classified in the following subparagrpahs. In such cases, both whether there is a duty to support, and the scope of a duty to support, if any, shall be based on the Civil Act: | 1. | Person who has no dependent family members: 35 percent; |
| 2. | Person who has a dependent family member: 30 percent. |
| Article 11 (Potential Future Employment Period, Disability Grade, Disability Rate) |
| (1) | The potential future employment period under Article 4 (5) of the Act shall be a period determined in consideration of subjective factors such as the age, occupation, career, and health conditions of a victim as well as social and economic conditions, etc. such as the average life expectancy, economic standards, and employment conditions of the people; but, if the victim is a male, also taking into comprehensive account the military service period, the possibility of the victim’s continuance in military service, the adjustability of the victim’s military service period, etc. under the Military Service Act in effect as at the time of the relevant accident: Provided, That where the victim suffers the accident after the age of 56, the potential future employment period shall be 48 months. <Amended on Dec. 30, 2016> |
| (2) | Grades of disability and labor force loss rates under Article 4 (5) of the Act shall be as listed in attached Table 1. In such cases, with respect to a disability grade where two disability locations exist, a comprehensive assessment grade shall be decided pursuant to attached Table 2 after a determination on the grades of respective locations pursuant to attached Table 1. |
| (3) | Where the number of disability locations is at least three, a comprehensive assessment grade of the two highest-grade disability locations shall first be determined in accordance with attached Table 2; and a disability grade shall then be determined by further comprehensively assessing both the highest-grade disability location among the remaining disability locations and such comprehensive assessment grade, in accordance with attached Table 2. |
| (4) | Where there are at least three locations with the heaviest disability falling under disability grade 14 under attached Table 1, the disability grade shall be determined as falling under disability grade 13 under attached Table 1. |
| (5) | Where a person, notified by the Committee that he/she must undergo a medical examination at a national general hospital, hospital affiliated to a college of medicine (excluding branch hospitals), or another hospital designated by the Committee (hereinafter referred to as “designated hospital, etc.”) for a determination on a disability grade, fails to undergo a medical examination within one year from the date of notification, the Committee may decide that the person falls short of a disability grade. In such cases, at least three months before such determination, the Committee shall notify the relevant person that he/she would be determined as falling short of a disability grade, and finally give him/her an opportunity to go through a medical examination. |
| (6) | The deduction method of intermediate interest by the single discount the method under Article 4 (5) of the Act shall be based on the Hoffman method. |
| Article 11-2 (Payment of Consolatory Money after Adjustment) |
| (1) | The consolatory money to be paid after its adjustment pursuant to Article 4 (6) of the Act shall be an amount calculated according to the following classifications: Provided, That where the amount so calculated exceeds 20 million won, the consolatory money shall be 20 million won: |
| 1. | In case of paying consolatory money after its adjustment to the bereaved family members of the person who died (including a person who has died due to the aftereffect of the injury) among the victims: the amount calculated by adding to the amount classified as follows interest at the legal rate from the date of accident to the date of determining the payment of consolatory money: |
| (a) | Where the victim was at the age of below 56 at the time of the accident: 10 million won; |
| (b) | Where the victim was at the age of 56 or above at the time of the accident: 8 million won; |
| 2. | In case of paying consolatory money after its adjustment to any of the following persons: Amount referred to in attached Table 4: |
| (a) | A person who suffered injury among victims; |
| (b) | A bereaved family member of the person who had suffered injury among victims died due to any cause other than such injury. |
| (2) | Only where the consolatory money calculated pursuant to Article 4 (1) or (2) of the Act (excluding the amount referred to in paragraph (1) 2 (a) of that Article) falls short of the amount of the consolatory money calculated pursuant to any subparagraph of paragraph (1), consolatory money shall be paid after its adjustment. |
[This Article Newly Inserted on Dec. 30, 2016]
| Article 12 (Subsidies for Medical Treatment) |
Subsidies for medical treatment, such as expenses for future medical treatment, expenses for protection, expenses for purchasing assistive devices, and expenses already paid for medical treatment under Article 5 (1) and (3) of the Act, shall be the amount calculated as follows: <Amended on Dec. 30, 2016> | 1. | Expenses for future medical treatment: an amount calculated based on a written estimate of expenses issued by a designated hospital, etc.: Provided, where a designated hospital, etc. recognizes a necessity for expenses for future medical treatment, but fails to estimate expenses for future medical treatment or where the amount calculated based on the written estimate of expenses submitted by the victim is significantly different to expenses for future medical treatment in a similar case, the expenses for future medical treatment shall be an amount determined by the Committee in consideration of the opinion of the working committee for resolution on grades of disability and expenses for future medical treatment in a similar case; |
| 2. | Expenses for protection: an amount calculated by multiplying by the average life expectancy period published by the Statistics Korea as of April 16, 2015 the amount determined by the Committee in consideration of the opinion of the working committee for resolution on grades of disability, within the limit of the nursing allowance under Article 26 of the Enforcement Decree of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, where the diagnostic certificate issued by a designated hospital, etc. reveals that, even after being completely cured, the relevant victim is deemed unable to move without other person’s protection due to his/her physical disability; |
| 3. | Expenses for purchasing assistive devices: an amount calculated by multiplying by the market purchase prices of assistive devices the number of the purchases thereof deemed necessary during the average life expectancy period referred to in subparagraph 2 on the basis of their durability year, where a diagnostic certificate issued by a designated hospital, etc. reveals that it is deemed necessary to wear such assistive devices; |
| 4. | Expenses for medical treatment already paid by a wounded person himself/herself (hereinafter referred to as “expenses already paid for medical treatment”): The amount shall be determined by the Committee by only applying direct expenses for medical treatment incurred for having the relevant wound medically treated from the date of the wound from the date of application for payment of the expenses already paid for medical treatment, in consideration of both the amount calculated by the committee for resolution on grades of disability according to the classification under the following items and the expenses already paid for medical treatment in a similar case, and the future expenses for medical treatment shall be applied from the date immediately after the date of application for payment of the expenses already paid for medical treatment: Provided, That with respect to the persons to whom consolatory money specified under Article 4 (1) 2 of the Act, is determined to be paid before their applying for the payment of the expenses already paid for medical treatment, the amount of the expenses already paid for medical treatment shall be decided by applying such expenses from the date of the wound to the date immediately before the date of determination on the payment of the relevant consolatory money; and the calculation of future expenses for medical treatment shall be applied from the date of determination on the payment of the relevant consolatory money: |
| (a) | Where an applicant submits bills and receipts related to the expenses already paid for medical treatment which are issued by the relevant intermediate care institutions: an amount calculated by adding to the amount recognized by judging relations between the amount borne by the wounded person and the content of the already recognized wound the interest on the latter amount based on the statutory interest rate from the payment date of expenses for medical treatment to the date of application for payment of the expenses already paid for medical treatment: Provided, That the maximum limit on the amount so calculated shall be 90 million won, but, if the amount so calculated is below the amount calculated by the method referred to (b), the latter shall be in lieu of the former; |
| (b) | Where an applicant fails to submit bills and receipts related to the expenses already paid for medical treatment: an amount calculated by applying the standard of attached Table 3, based upon the content of the already recognized wound. |
| Article 13 (Restricted Payment of Consolatory Money) |
Pursuant to Article 6 (1) of the Act, the Committee may, within 1/3 of the relevant consolatory money, etc., reduce the payment thereof to the persons who suffer a mine accident while entering an area where mines are buried or an area where a civilian would be likely to suffer harm due to mines despite warning signs installed around such area.
| Article 14 (Application for Payment of Consolatory Money) |
| (1) | Under Article 8 of the Act, an applicant shall file an application for payment of consolatory money, etc. of attached Form 1 (including an application in an electronic document) with the Committee together with the following documents (including electronic documents): |
| 1. | One copy of a certificate affirming matters of family relationship of the victim or one copy of an archived family relation register of the victim (to be submitted only where it is impossible to verify the relationship between the victim and the applicant by the certificate affirming matters of family relationship and the applicant is a bereaved family member of the victim); |
| 2. | One copy of a statement of payments of the expenses already paid for medical treatment provided in attached Form 2 (to be submitted only where applying for subsidies for medical expenses; it shall attach bills and receipts issued by an intermediate care institution, which can evidence the expenses already paid for medical treatment); |
| 3. | One copy of a document on selection of the representative of the bereaved family provided in attached Form 3 (to be submitted only where the representative of the bereaved family is selected; it shall attach a certificate of the personal seal impression of the delegating person); |
| 4. | One copy of a power of attorney for application for consolatory money, etc. provided in attached Form 4 (to be submitted only where filing a vicarious application therefor due to the applicant’s emigration, hospitalization, or any other inevitable reason); |
| 5. | One copy of a certificate of employment and monthly salaries as shown in attached Form 5 (to be submitted only in cases of an earned-income worker); |
| 6. | One copy of a certificate of employment and actual monthly incomes of attached Form 6 (to be submitted only in cases of a business income earner); |
| 7. | One copy of other evidential material proving a cause of application. |
| (2) | Where at least two property inheritors with the same inheritance order exist at the time bereaved family members make an application for payment of consolatory money, etc. pursuant to paragraph (1), they shall select a representative by preparing a document on selection of the representative of bereaved family members as shown in attached Form 3: Provided, That this shall not apply where it is impossible for property inheritors to reach agreement. |
| (3) | Where a person who intends to apply for payment of consolatory money, etc. pursuant to paragraph (1) 4, is unable to directly apply therefor due to having emigrated or been hospitalized, or any other inevitable reason, he/she may appoint an agent with the confirmation of the person classified in the following subparagraphs: |
| 1. | Where staying abroad such as for emigration: The head of a diplomatic mission abroad; |
| 2. | Where being hospitalized: the head of the relevant medical institution; |
| 3. | Where being confined in a correctional institution, etc.: the head of the relevant confinement institution; |
| 4. | In other cases: the head of an Eup/Myeon/Dong. |
| (4) | Where the Committee receives an application for payment of consolatory money, etc. pursuant to paragraph (1) and no relevant document referred to in the subparagraphs of paragraph (1) is attached, the Committee shall have the applicant supplement it. |
| (5) | Where receiving an application for payment of consolatory money, etc. under paragraph (1), the Committee shall confirm a certified extract of the applicant's resident registration card including his/her resident registration number through the sharing of administrative information provided for in Article 36 (1) of the Electronic Government Act: Provided, That the Committee shall have the applicant attach a certified copy of his/her resident registration card where he/she gives no consent to such confirmation. <Amended on Sep. 28, 2018> |
| Article 15 (Receipt of Applications and Basic Fact-Finding Investigations) |
| (1) | Applications for payment of consolatory money, etc. under Article 14 (1) shall be received by the Committee. |
| (2) | With respect to an application received pursuant to paragraph (1), the Committee may, pursuant Article 15 (1) of the Act, request the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or a head of a Si/Gun/autonomous Gu who has jurisdiction over the domicile of the applicant to conduct a fact-finding investigation. |
| Article 16 (Determination on Payment of Consolatory Money, etc.) |
| (1) | Where the Committee determines to pay consolatory money, etc. the determination shall be based on reliable evidential data. |
| (2) | When the Committee determines on the payment, it shall prepare a written determination on the payment of consolatory money, etc. provided in attached Form 7; and all members attending the Committee shall affix their signatures and seals thereto. |
| Article 17 (Notification of Determination on Payment of Consolatory Money) |
When determining to pay consolatory money, etc., the Committee shall preserve the original written determination on the payment of consolatory money, etc. and serve on the applicant two certified copies of the written determination on the payment of consolatory money, etc. of attached Form 8 and a written notification of the payment of consolatory money, etc. In such cases, where there is an agent of the applicant, the Committee shall serve them on the agent, but shall also serve on the applicant a certified copy of the written determination on consolatory money, etc.
| Article 18 (Application for Reexamination) |
A person who intends to apply for reexamination pursuant to Article 11 of the Act, shall file an application form provided in attached Form 9 with the Committee, together with the following documents: | 1. | One copy of a diagnostic certificate of physical (mental) disability, provided in attached Form 10, issued by a designated hospital, etc. (to be submitted only where having an objection to the determination on a disability grade); |
| 2. | One copy of other material proving grounds for reexamination. |
| Article 19 (Disclosure of Materials) |
| Article 20 (Consent and Claim) |
Where an applicant, in receipt of a written notification of determination on the payment of consolatory money, etc. pursuant to Article 17, wishes to receive consolatory money, etc., he/she shall submit a written consent and a written claim for payment to the Committee, together with the following documents: | 1. | One certified copy of a written determination on the payment of consolatory money, etc.; |
| 2. | One copy of a certificate of personal seal impression; |
| 3. | One copy of a transaction account book of a financial institution through which consolatory money, etc. can be received. |
| Article 21 (Payment Agencies) |
The consolatory money, etc. the payment of which the Committee determines shall be paid by the Committee, but the Committee may entrust the Treasury (including Treasury agencies) with administrative affairs for payment.
| Article 22 (Payment Period) |
The Committee shall pay consolatory money, etc. within 15 days from the date it receives a claim for payment under Article 20.
| Article 23 (Public Announcement) |
The Chairperson may publicly announce the following matters concerning application for, and payment of, consolatory money, etc. in the official gazette and at least two daily newspapers:
| 2. | Qualifications for applicants; |
| 3. | Agency receiving applications; |
| 5. | Documents to be submitted; |
| 6. | Standards for calculating payment amounts; |
| 7. | Procedures for deliberation and determination; |
| 8. | Other matters necessary for application and payment. |
| Article 24 (Support for Relevant Organizations) |
A relevant organization which intends to receive subsidization for business expenses pursuant to Article 17 of the Act, shall file an application therefor with the Committee, together with the following documents: | 1. | Articles of association or bylaws; |
| 3. | Minutes of regular general meetings for the relevant year, including written budget and final accounts; |
| Article 25 (Detailed Rules for Implementation) |
The matters necessary for implementing this Decree shall be determined by the Chairperson via a resolution of the Committee.
ADDENDUM
This Decree shall enter into force on April 16, 2015.
ADDENDA <Presidential Decree No. 27708, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability Concerning Payment of Consolatory Money, etc.)
The amended provisions of Article 9 (3), the proviso to Article 11 (1), and the proviso to subparagraph 1 of Article 12 shall also apply where procedures for paying consolatory money, etc. are under way after application for the payment thereof has been made before this Decree enters into force.
ADDENDUM <Presidential Decree No. 29194, Sep. 28, 2018>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)