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ENFORCEMENT DECREE OF THE SPECIAL ACT ON REMEDY FOR DAMAGE CAUSED BY THE APRIL 16 SEWOL FERRY DISASTER AND ASSISTANCE THEREFOR

Presidential Decree No. 26163, Mar. 27, 2015

Amended by Presidential Decree No. 26754, Dec. 22, 2015

Presidential Decree No. 28074, May 29, 2017

Presidential Decree No. 28437, Nov. 14, 2017

Presidential Decree No. 28488, Dec. 19, 2017

Presidential Decree No. 28970, jun. 12, 2018

 Article 1 (Purpose)
The purpose of this Decree is to specify matters delegated by the Special Act on Remedy for Damage Caused by the April 16 Sewol Ferry Disaster, Assistance Therefor, Etc. and matters necessary for the enforcement thereof.
 Article 2 (Standards for Compensation)
(1) Any of the following losses shall be compensated under Article 7 (1) 1 of the Special Act on Remedy for Damage Caused by the April 16 Sewol Ferry Disaster, Assistance Therefor, Etc. (hereinafter referred to as the "Act"): <Amended by Presidential Decree No. 28970, Jun. 12, 2018>
1. Loss inflicted upon fishery business personnel [limited to the fishery business personnel (referring to the fishery business personnel under subparagraph 3 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development; hereinafter the same shall apply) who are verified by the head of relevant agency, such as the Minister of Oceans and Fisheries, as having directly participated in the search and rescue activities relating to the April 16 Sewol ferry disaster] due to direct participation in the search and rescue activities relating to the April 16 Sewol ferry disaster: Provided, That this shall not apply where a loss inflicted by the April 16 Sewol ferry disaster is compensated pursuant to other statutes;
2. Loss inflicted upon fishery business personnel due to restrictions imposed by the heads of relevant administrative agencies including the Minister of Oceans and Fisheries on fishing activities under subparagraph 2 of Article 2 of the Fisheries Act, such as installation of fishing equipment, for the search and rescue activities relating to the April 16 Sewol ferry disaster;
3. Loss inflicted upon fishery business personnel as the fishing equipment installed before search and rescue activities has been damaged or lost due to the search and rescue activities relating to the April 16 Sewol ferry disaster.
(2) Any of the following losses shall be compensated under Article 7 (1) 2 of the Act: <Amended by Presidential Decree No. 26754, Dec. 22, 2015; Presidential Decree No. 28970, Jun. 12, 2018>
1. Decrease in the production of marine products (referring to the marine products under subparagraph 7 of Article 3 of the Framework Act on Fisheries and Fishing Villages Development; excluding those marine products produced by an entity that operates a marine product processing business under subparagraph 4 of Article 2 of the Fisheries Act; hereinafter the same shall apply) due to the April 16 Sewol ferry disaster;
2. Loss resulting from lost fishing opportunities due to the April 16 Sewol ferry disaster;
3. Decrease in the sale of marine products produced by fishery business personnel due to the April 16 Sewol ferry disaster.
(3) Any of the following losses shall be compensated under Article 7 (1) 3 of the Act: <Newly Inserted by Presidential Decree No. 28970, Jun. 12, 2018>
1. Decrease in the production of marine products due to oil pollution, etc. of the sea caused by salvage of the hull of the Sewol ferry;
2. Loss inflicted upon fishery business personnel as a result of lost fishing opportunities due to oil pollution, etc. of the sea caused by salvage of the hull of the Sewol ferry;
3. Decrease in the sale of marine products of fishery business personnel due to oil pollution, etc. of the sea caused by salvage of the hull of the Sewol ferry;
4. Loss inflicted upon fishery business personnel as fishing equipment is polluted or damaged due to oil pollution, etc. of the sea caused by salvage of the hull of the Sewol ferry.
(4) Compensation for loss under Article 7 (1) of the Act shall be calculated in accordance with the following criteria: <Amended by Presidential Decree No. 28970, Jun. 12, 2018>
1. To calculate the amount of loss based on economic loss incurred directly from the April 16 Sewol ferry disaster, from search and rescue activities relating to the April 16 Sewol ferry disaster, or from oil pollution, etc. of the sea due to salvage of the hull of the Sewol ferry;
2. To calculate the amount of compensation for damaged or lost fishing equipment by subtracting the amount evaluated as residual value from the original value of the fishing equipment;
3. To calculate the amount of actual economic loss caused by a decline in the production of marine products, damage to fishery production and decrease in the sale of marine products resulting from the April 16 Sewol ferry disaster or oil pollution, etc. of the sea due to the salvage of the hull of the Sewol ferry, based on the average income during the last three years (an amount set by the April 16 Sewol Ferry Disaster Compensation Review Committee (hereinafter referred to as "Review Committee") under Article 5 of the Act based on income, etc. of the persons who have suffered loss where income during the last three years is not calculable) of the persons who have suffered loss.
(5) Detailed criteria for calculation of compensation under Article 7 (1) of the Act shall be determined by the Review Committee. <Amended by Presidential Decree No. 28970, Jun. 12, 2018>
 Article 3 (Operation of Review Committee)
(1) The chairperson of the Review Committee (hereinafter referred to as "chairperson") shall call meetings of the Review Committee and preside over the meetings.
(2) Where the chairperson is unable to perform duties due to extenuating circumstances, a member of the Review Committee appointed in advance by the chairperson shall perform the duties of the chairperson.
(3) Quorum for the meetings of the Review Committee shall be the simple majority of members on the register, and a resolution is deemed to be passed if approved by a majority of members present.
 Article 4 (Exclusion and Challenge of Members of Review Committee, Recusal, etc.)
(1) A member of the Review Committee shall be excluded from deliberation and resolution on the relevant case where such member satisfies any of the following subparagraphs:
1. Where a member of the Review Committee, spouse, or a former spouse is a party to the case or holds a right jointly with a party to the case;
2. Where a member of the Review Committee is a lineal relative or has been a lineal relative of a party to the case;
3. Where a member of the Review Committee testifies, examines or advises on the relevant case;
4. Where a member of the Review Committee is or was involved in the relevant case as an agent of a party to the case.
(2) A party to the relevant case may file a request to the Review Committee to challenge a Review Committee member, if any circumstances indicate difficulty in the expectation of an impartial deliberation and resolution of any member and the Committee shall make a decision on such request by resolution. In such cases, the Review Committee memberwho is challenged shall not participate in the resolution.
(3) Where a Review Committee member satisfies any of the subparagraphs of paragraph (1), the Review Committee shall be notified of such fact and voluntary recusal from deliberation and resolution on the case shall be undertaken.
(4) Where a Review Committee member prevents the impartiality of deliberation by the Review Committee by failing to file an application for recusal, notwithstanding such member satisfying any of the subparagraphs of paragraph (1), the Review Committee may dismiss or remove such member from office.
 Article 5 (Allowances, etc.)
(1) Allowances and travel expenses may be provided to a member who attends a meeting of the Review Committee or examines a case within budgetary limits: Provided, That where a member as a public official attends a meeting of the Review Committee or examines a case with direct regard to the duties of such member, this shall not apply.
(2) The Review Committee may obtain opinions of experts, etc. if necessary for the fact-finding survey under Article 9 (1) of the Act.
(3) Persons who attend a meeting of the Review Committee or provide a statement pursuant to Article 9 (3) or (4) of the Act or experts, etc. who submit opinions pursuant to paragraph (2) may be provided with allowances or travel expenses.
 Article 6 (Detailed Operational Rules, etc. of Review Committee)
Except as provided for in this Decree, matters necessary for the operation of the Review Committee shall be determined by the chairperson after deliberation and resolution.
 Article 7 (Application for Payment of Compensation)
(1) A person pursuant to Article 10 (1) of the Act who intends to apply for a payment of compensation (excluding compensation for damage from oil spills and damage to cargo; hereafter the same shall apply in this paragraph) under Article 6 (1) of the Act shall submit an application for payment of compensation for bodily harm, etc. on the attached form No. 1 accompanied by the following documents to the Review Committee:
1. Evidentiary data, such as a familial relation certificate (where a foreigner is a victim, sufferer, applicant for the payment of compensation, etc., a document equivalent to a family relation certificate) under Article 15 (1) 1 of the Act on Registration, etc. of Family Relationships, etc., evidencing that the applicant for the payment of compensation satisfies any of the items of subparagraph 3 of Article 2 of the Act;
2. Where a victim or a person under subparagraph 3 (a) of Article 2 of the Act (hereinafter referred to as "rescued passenger") is a minor, an identification certificate under Article 15 (1) 2 of the Act on Registration, etc. of Family Relationships;
3. Where a victim or a rescued passenger had an income, the following documents proving such income in an objective manner:
(a) Where the victim or rescued passenger had earned income: Documents proving earning objectively, such as a withholding tax receipt, paystub, etc., or a monthly salary certificate by Attached Form No. 2. In such case, if a monthly salary certificate by Attached Form No. 2 is submitted, evidentiary data proving monthly salary, such as a copy of the current accounts where such salary is conferred, etc. of the victim or rescued passenger shall be accompanied;
(b) Where the victim or rescued passenger had business income: Documents by which business income is objectively evidenced, such as a business registration certificate or a business closure certificate, a business income certificate, etc.;
4. Where loss of future income or revenue is expected for rescued passengers because of future treatment expenses, residual disorders, etc. from physical and mental harm estimated future treatment expenses or a medical certificate of residual disorder issued by a medical institution designated by the Review Committee;
5. A written selection of a representative for applicants under the Attached Form No. 3 (applicable only to cases in which a representative for applicants is selected);
6. A power of attorney under the Attached Form No. 4 (applicable only to cases in which an agent is appointed pursuant to Article 10 (1));
7. Other evidentiary data by which damage for compensation can be evidenced.
(2) Damage from oil spills under Article 6 (1) 1 of the Act shall be the oil spills damage under subparagraph 7 of Article 2 of the Compensation for Oil Pollution Damage Guarantee Act.
(3) A person who intends to apply for compensation for oil spills under paragraph (2) shall submit an application for the payment of compensation from oil spills under the Attached Form No. 5 accompanied by the following documents to the Review Committee:
1. A copy of evidentiary documents relating to license or permission for, report on, etc. fisheries, on which damage is incurred by oil spills;
2. A copy of a map of the fishing ground and water surface in which damage from oil spills occurred (limited to licensed fishery business and fishery business within a demarcated zone);
3. Data proving damage from oil spills in detail;
4. A power of attorney under Attached Form No. 4 (limited to cases in which an agent is appointed pursuant to Article 10 (2));
5. Other data proving a right to compensation for oil spills as a result of the April 16 Sewol ferry disaster.
(4) Damage to cargo under Article 6 (1) 1 of the Act shall mean damage for cargo loaded on board the Sewol ferry under a transportation contract which are lost, damaged, etc.
(5) A person who intends to apply for the payment of compensation for cargo pursuant to paragraph (4) shall submit an application for the payment of compensation for cargo accompanied by the following documents to the Review Committee:
1. Details of damage to cargo under the Attached Form No. 7;
2. Evidentiary data, such as a freight invoice, shipping request, baggage claim tag, auto transport invoice, etc.;
3. A power of attorney under Attached Form No. 4 (limited to cases in which an agent is appointed pursuant to Article 10 (2));
4. Other data proving a right to compensation for cargo as a result of the April 16 Sewol ferry disaster.
(6) The Review Committee in receipt of an application under paragraphs (3) and (5) shall verify a certified copy and abridged copy of a resident registration card, a corporation registration certificate (limited to cases in which the applicant is a juristical person), a motor vehicle register or a construction equipment register (limited to cases in which cargo loaded on board the Sewol ferry are automobiles or construction equipment) through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant or an agent does not consent to verification through a certified copy and abridged copy of a resident registration card, a motor vehicle register or a construction equipment register, such applicant shall be requested to attach a copy thereof.
 Article 8 (Application, etc. for Ex Gratia Payments)
(1) A sufferer pursuant to Article 10 (1) of the Act who intends to apply for ex gratia payments under Article 6 (3) of the Act (hereinafter referred to as "ex gratia payment") shall submit an application for ex gratia payments under the Attached Form No. 8 accompanied by the documents under Article 7 (1) 1, 2, 5 and 6 to the Review Committee as determined by the Review Committee. In such case, where an applicant for ex gratia payments submits documents under Article 7 (1) 1, 2, 5 and 6 in the application for the payment of compensation pursuant to in Article 7 (1) submission of the aforementioned documents may omitted.
(2) Where an applicant for ex gratia payments intends to request a payment for ex gratia payments to the Review Committee in consideration of the relationship with a victim, degree of damage, de facto guardianship circumstances, whether the duty of support has been implemented, etc., submission of data necessary may submit to evidence such fact.
(3) Notwithstanding paragraphs (1) and (2) where ex gratia payments are reimbursed from the financial resources created to provide payment to sufferers as a result of the April 16 Sewol ferry disaster pursuant to relevant statutes matters necessary for the application for payment, etc. shall be pursuant to the Community Chest of Korea Act, the Act on Collection and Use of Donations, the Disaster Relief Act, etc.
 Article 9 (Application for Payment of Compensation)
(1) Pursuant to Article 10 (1) of the Act, a person who intends to apply for the payment of compensation under Article 7 (1) of the Act (hereinafter referred to as "compensation") shall submit to the Review Committee an application for the payment of compensation under the Attached Form No. 9 accompanied by the following documents: <Amended by Presidential Decree No. 28970, Jun. 12, 2018>
1. A copy of evidentiary documents relating to licenses or permission for, report on, etc. fisheries on which damage subject to compensation arose;
2. A copy of a map of the fishing ground and water surface in which damage from oil spills occurred (limited to licensed fishery business and fishery business within a demarcated zone);
3. Data proving damage in detail;
4. Written confirmation of participation in the search and rescue activities under the Attached Form No. 10 (applicable only in cases of direct participation in the search and rescue activities relating to the April 16 Sewol ferry disaster);
5. A power of attorney under the Attached Form No. 4 (applicable only in cases where an agent is appointed pursuant to Article 10 (2));
6. Other data proving a right to compensation having a direct causal relationship with the April 16 Sewol ferry disaster or with oil pollution, etc. of the sea due to salvage of the hull of the Sewol ferry.
(2) The Review Committee in receipt of an application under paragraph (1) shall verify a certified copy and abridged transcript of a resident registration card, a transcript of entries in a corporate register (limited to cases in which the applicant is a corporation) through the joint use of administrative information under Article 36 (1) of the Electronic Government Act: Provided, That where an applicant or an agent does not consent to verification through a certified copy and abridged transcript of a resident registration card, attachment of a copy shall be requested.
 Article 10 (Appointment, etc. of Representative for Applicants)
(1) Where two or more persons intend to apply for compensation or ex gratia payments under Article 6 (1) or (3) of the Act relating to the same victim or rescued passenger a representative for applicants may be selected as provided for in the following. In such case, if two or more persons are of equivalent priority, a representative may be selected by mutual consent; if an agreement is not reached or extenuating circumstances exist a representative may not be appointed:
1. Compensation for victims: One inheritor who has priority under the Civil Act;
2. Ex gratia payments for sufferers under subparagraph 3 (b) of Article 2 of the Act: One person from among the following persons listed in the order of priority: The spouse, lineal descendant, lineal ascendant and sibling of a victim;
3. Compensation and ex gratia payments for rescued passengers: Rescued passengers (including a legal representative of rescued passengers).
(2) A person ((hereinafter referred to as "applicant") who intends to apply for compensation or ex gratia payments under Articles 6 and 7 of the Act (hereinafter referred to as "compensation, etc.") may appoint another person as an agent if circumstances prohibit such applicant from personally applying for compensation, etc., agreeing to a determination made by the Review Committee on the compensation, etc., requesting and receiving compensation, etc.
 Article 11 (Supplementary Documents Request by Review Committee)
When the Review Committee receives an application for compensation, etc. under Articles 7 through 9 relevant documents, etc. shall be examined; if the relevant documents, etc. are omitted or supplementary documents are needed, the applicant (referring to a representative of applicants where a representative of applicants is selected pursuant to Article 10 (1) may be requested of such documents and to an agent if an agent is appointed pursuant to Article 10 (2); hereafter the same shall apply in Articles 13, 15, 16 (2) and 17) to provide supplementary documents. In such case, the period needed to provide supplementary documents shall not be included in the period during which determination on whether to pay compensation, etc. and on the amount thereof is to be made pursuant to Article 12 of the Act.
 Article 12 (Determination on Payment)
When the Review Committee determines whether to pay compensation, etc. and the amount thereof pursuant to Article 12 of the Act, a written determination on compensation, etc. under the Attached Form No. 11 shall be prepared. In such case, all members attending the meeting of the Review Committee shall attach a signature or affix a stamp.
 Article 13 (Notification of Determination on Compensation, etc.)
When the Review Committee prepares a written determination on compensation, etc. under Article 12, a written determination on compensation, etc. under the Attached Form No. 12 or 13 together with an original copy of the written determination on compensation, etc. under the Attached Form No. 11 shall be serviced to the applicant pursuant to Article 13 of the Act.
 Article 14 (Application for Re-deliberation)
A person who intends to apply for a re-deliberation by the Review Committee pursuant to Article 14 of the Act shall submit an application for re-deliberation of compensation, etc. under the Attached Form No. 14 together with data evidencing reasons for applying for re-deliberation to the Review Committee.
 Article 15 (Consent of Applicant and Request for Payment)
An applicant intending to receive compensation, etc. pursuant to Article 15 (1) of the Act shall submit a written agreement to compensation, etc. under the Attached Form No. 15 and a request therefor together with a certificate of seal (referring to a certificate of signature where a signature is to be used) and a copy of a passbook of the applicant to deposit compensation, etc. to the Review Committee.
[Declaration of Simply Unconstitutional, 2015 HeonMa 654, Jun. 29, 2017; the part 'I waive any right to object with regard to the April 16 Sewol ferry disaster' is in violation of the Constitution, which is among the Attached Form No. 15 under Article 15 of the Enforcement Decree of the Special Act on Remedy for Damages Caused by the April 16 Sewol Ferry Disaster, Assistance Therefor, Etc. (referring to the Decree enacted by Presidential Decree No. 26163 on Mar. 27, 2015)]
 Article 16 (Payment of Compensation, etc.)
(1) Compensation, etc. determined by the Review Committee shall be paid by the Minister of Oceans and Fisheries, but the national treasury (including an agency of the national treasury) may be delegated with the detailed work.
(2) The Minister of Oceans and Fisheries shall pay compensation, etc. to applicants within 30 days from the day a written agreement and request under Article 15 is received from an applicant.
 Article 17 (Temporary Payment and Calculation)
(1) An applicant who intends to be provided with temporary partial payment of compensation pursuant to Article 17 (1) of the Act shall submit to the Review Committee an application for temporary payment of compensation under the Attached Form No. 16 accompanied by a document stating reasons for applying for temporary payment of compensation to the Review Committee.
(2) Where the amount for temporary payment pursuant to Article 17 (1) of the Act (hereinafter referred to as "temporary payment") is greater than the final determined compensation the difference, etc. under Article 17 (3) of the Act shall be returned and a notice to return the excess amount shall be provided under the Attached Form No. 17.
(3) Except as provided for in paragraphs (1) and (2), Articles 11 through 13, 15 and 16 shall apply mutatis mutandis to the payment, etc. of temporary payments. In such case, "compensation, etc." shall be deemed "temporary payment."
 Article 18 (Scale, etc. of Cost-of-living Subsidies)
(1) The cost-of-living subsidies under Article 23 (1) 1 of the Act (hereinafter referred to as "cost-of-living subsidy") shall be provided as calculated on the basis of the members of a household to which a victim or rescued passenger belongs. In such case, a person who is deemed to be in need of cost-of-living subsidy due to recovery activities, etc. as a result of the April 16 Sewol ferry disaster, who, other than a household member, is the parent, offspring or sibling (referring to a cousin or close relative if the passenger who was aboard the Sewol ferry had no parents or offspring or it is unknown whether such person survived or is deceased) of a passenger aboard the Sewol ferry at the time of the April 16 Sewol ferry disaster shall be counted in the number of household members after deliberation and a resolution by the committee for support for sufferers and commemoration of victims of the April 16 Sewol ferry disaster (hereinafter referred to as "Support and Commemoration Committee") under Article 37 of the Act.
(2) The standards for payment of cost-of-living subsidy shall be based on the expenses necessary to support the survival of the members of households to which victims, etc. belong pursuant to paragraph (1), and the detailed standards for payment shall be determined by deliberation and resolution of the support and commemoration committee.
(3) Payment of cost-of-living subsidy shall be provided completely or in installments.
(4) The State may pay cost-of-living subsidy to a person who intends to receive cost-of-living subsidy through the Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who has authority as a result of the residence of such person.
(5) The State, Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor or the head of a Si, Gun or Gu may request the heads of relevant administrative agencies or interested parties to submit data to verify whether applicants are eligible for cost-of-living subsidy, etc. In such case, the heads of relevant administrative agencies or interested parties shall comply with the request unless any extenuating circumstances exist.
(6) Except as provided for in paragraphs (1) through (5), matters necessary for the methods of payment for cost-of-living subsidy, procedures, period, etc. shall be determined by deliberation and a resolution of the Support and Commemoration Committee.
 Article 19 (Medical Subsidies and Period of Payment of Medical Subsidies)
(1) The medical subsidies under Article 23 (1) 2 of the Act (hereinafter referred to as "medical subsidies") shall consist of expenses needed for the treatment of physical and mental disorders, injuries and post-treatment and care for sufferers who underwent the April 16 Sewol ferry disaster; or for the purchase and use of assistive devices (limited to the expenses incurred until April 15, 2024): Provided, That where compensation has been provided for such disorders, injuries or post-treatment pursuant to Article 6 (1) of the Act or have been provided with medical expenses pursuant to other statutes such expenses shall be excluded from medical subsidies. <Amended by Presidential Decree No. 28488, Dec.12.19, 2017>
(2) In addition to those provided for in paragraph (1) matters necessary for the methods of payment of medical subsidies, procedures, etc. shall be deliberated and resolved by the Support and Commemoration Committee.
 Article 20 (Details, etc. of Support such as Counseling, etc.)
(1) The details of support under Article 24 (1) of the Act shall consist of identifying mental disorders, providing psychological counselling, training to return to society, etc. for sufferers (including the spouses of lineal descendants and siblings of sufferers; hereafter the same shall apply in Article 21).
(2) The State or local governments (hereinafter referred to as "State, etc.) may have the Ansan trauma center under Article 35 of the Act (hereinafter referred to as "Ansan trauma center"), mental health welfare centers under subparagraph 3 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients (hereinafter referred to as "mental health welfare center"), etc. provide the support under Article 24 (1) of the Act. <Amended by Presidential Decree No. 28074, May 29, 2017>
(3) The State, etc. may provide support under Article 24 (1) of the Act by associating support with counseling support under Article 66 (5) of the Framework Act on the Management of Disasters and Safety.
 Article 21 (Examination and Treatment of Psychological Symptoms, Mental Disorders, etc.)
(1) The State may examine the psychological symptoms, mental disorders, etc. of sufferers through the Ansan trauma center or mental health support centers pursuant to Article 25 (1) of the Act. <Amended by Presidential Decree No. 28074, May 29, 2017>
(2) Where the head of the Ansan trauma center or the heads of mental health welfare centers determine that additional medical examinations or treatment is necessary as a result of counseling under Article 20 or an examination of the psychological symptoms, mental disorders, etc. of sufferers under paragraph (1), such head may request a mental health department of a medical institution for examination or treatment. <Amended by Presidential Decree No. 28074, May 29, 2017>
(3) Where sufferers receive examination or treatment from a medical institution pursuant to paragraph (2) the State may wholly or partially support the incurred expenses (limited to the expenses incurred until April 15, 2024): Provided, That where compensation for the diagnosis and treatment of such mental disorders, etc. is calculated and included in the compensation under Article 6 (1) of the Act this shall not apply. <Amended by Presidential Decree No. 28488, Dec.12.19, 2017>
 Article 22 (Application, etc. for Medical Leave of Absence)
(1) A worker who intends to apply for a leave of absence for medical treatment (hereinafter referred to as "medical leave of absence") under Article 26 (1) of the Act shall submit an application for a medical leave of absence under the Attached Form No. 18 to the employer not later than 30 days before the day the medical leave of absence begins. In such case, the employer who is in receipt of an application for a medical leave of absence may request if necessary the submission of documents evidencing that the employee is a sufferer.
(2) The employer who is in receipt of an application for a medical leave of absence shall determine whether to grant a medical leave of absence and notify the relevant employee of the result within ten days from the receipt of an application for a medical leave of absence where medical leave of absence is permitted and such employer shall prepare a notice of medical leave of absence under the Attached Form No. 19 and notify such fact to the head of an employment security office (referring to an employment security office under subparagraph 1 of Article 2-2 of the Employment Security Act; hereinafter the same shall apply) having authority over the location of the business.
(3) A modified application for a medical leave of absence shall be submitted by a worker who applies for a medical leave of absence under the Attached Form No. 20 to the employer not later than seven days prior if any of the following is applicable:
1. Where there is an intention to modify the date scheduled for the start of a medical leave of absence;
2. Where there is an intention to extend or shorten the period of a medical leave of absence;
3. Where there is an intention to withdraw from a medical leave of absence.
 Article 23 (Payment, etc. of Expenses Incurred in Maintaining Employment of Workers on Leave of Absence)
(1) Expenses incurred in maintaining employment of a worker on a leave of absence under Article 27 (1) of the Act (hereinafter referred to as "expenses incurred in maintaining employment") shall consist of the following:
1. The payment of money in whole or in part provided to an employee on a medical leave of absence by the employer while such employee is on a medical leave of absence;
2. Where an employer employees a replacement for an employee on a medical leave of absence after the day such employee applies for a medical leave of absence and employs such replacement for 30 days or more partial payment of wages for such replacement.
(2) Expenses incurred in maintaining employment shall be calculated as follows:
1. Expenses under paragraph (1) 1: The amount obtained by multiplying the amount publicly notified by the Minister of Employment and Labor by the period for a medical leave of absence;
2. Expenses under paragraph (1) 2: The amount obtained by multiplying the amount publicly notified by the Minister of Employment and Labor by the number of months during which replacement is employed.
(3) Where expenses incurred in maintaining employment are calculated pursuant to paragraph (2) when the period for a medical leave of absence or of hiring of a replacement is less than one month, the expenses incurred in maintaining employment shall be calculated in proportion to the number of days in the period assigning 30 days for a month.
(4) An employer who intends to receive expenses incurred in maintaining employment shall submit an application for the payment of expenses incurred in maintaining employment of an employee on a medical leave of absence under the Attached Form No. 21 to the head of an employment security office having authority over the place of business not later than any of the following dates:
1. Where the employer intends to receive expenses incurred in maintaining employment after the completion of a medical leave of absence: By the end of the month subsequent to the month on which the completion of medical leave of absence occurs;
2. Where the employer intends to receive expenses incurred in maintaining employment before the completion of a medical leave of absence: By the end of the subsequent month to the month on which the day that accounts for one month from the start of a medical leave of absence occurs.
(5) To the application for the payment of expenses incurred in maintaining employment of an employee on a medical leave of absence under paragraph (4) an employer shall attach the following documents:
1. A copy of the application for a medical leave of absence;
2. Documents videncing that the employee has been on a medical leave of absence;
3. Documents evidencing that a replacement has been employed, such as an employment contract, etc. (limited to the case of paragraph (1) 2);
4. A copy of the modified application for a medical leave of absence (limited to cases in which an employee requests a modification to the application for a medical leave of absence);
5. Documents evidencing that the employer has made payment(s) to an employee on a medical leave of absence (limited to the case of paragraph (1) 1);
6. Documents evidencing that the employer has made payment(s) to a replacement (limited to the case of paragraph (1) 2).
 Article 24 (Educational Expense Support)
(1) Tuitions, etc. that the State, etc. support pursuant to Article 28 (1) of the Act shall be as listed in the following:
1. Students attending schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act from among students under Article 28 (1) 1 and 2 of the Act: Expenses falling under Article 104-2 (1) 1 (admission fees shall be supported only in cases in which students eligible for admission fees enter schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act after the April 16 Sewol ferry disaster), 3 and 4;
2. Students attending schools under the subparagraphs of Article 2 of the Higher Education Act from among students under Article 28 (1) 2 of the Act: The whole or part of the enrollment fees under Article 11 (1) of the Higher Education Act as determined by the Minister of Education;
3. Students who enter schools under the subparagraphs of Article 2 of the Higher Education Act in the year 2015 from among students under Article 28 (1) 2 of the Act: The whole or part of the enrollment fees under Article 11 (1) of the Higher Education Act as determined by the Minister of Education.
(2) Tuitions, etc. under paragraph (1) 1 shall be supported by the superintendent of education having authority over the schools that the relevant students attend, and enrollment fees under paragraph (1) 2 or 3 shall be supported by the Minister of Education. In such case, the Minister of Education may support enrollment fees under paragraph (1) 2 or 3 from the scholarships created by the State under other statutes as financial resources.
(3) Educational expense support under paragraph (1) shall consist of support for the expenses notified until March 28, 2016 (referring to expenses for a maximum two semesters for students attending schools under the subparagraphs of Article 2 of the Higher Education Act): Provided, That where the superintendent of education deems necessary expenses notified until March 28, 2017 to students attending schools under the subparagraphs of Article 2 of the Elementary and Secondary Education Act may be supported.
 Article 25 (Scope, etc. of Persons Eligible for Emergency Aid)
(1) "Persons provided for by Presidential Decree" under Article 29 (1) of the Act shall mean members of a household to which the victims applies.
(2) The support under Article 29 (1) of the Act shall mean the livelihood support under Article 9 (1) 1 (a) of the Emergency Aid and Support Act, and the amount of support shall be based on the amount determined and publicly notified by the Minister of Health and Welfare pursuant to Article 2 (2) of the Enforcement Decree of the Emergency Aid and Support Act.
(3) The period during which support under Article 29 (1) of the Act is provided shall not exceed six months and the maximum duration of livelihood support under Article 10 (3) of the Emergency Aid and Support Act.
(4) The head of an emergency aid agency under Article 6 of the Emergency Aid and Support Act if necessary for providing support under Article 29 (1) of the Act may request the heads of relevant administrative agencies or interested parties to submit data. In such case, the heads of relevant administrative agencies shall comply with the request unless justifiable circumstances exist.
(5) Except as provided for in paragraphs (1) through (4), matters necessary for the methods of providing support, procedures, etc. under Article 29 (1) of the Act shall be governed by the Emergency Aid and Support Act.
 Article 26 (Period, etc. of Priority Provision of Child Care Service)
(1) The period during which child care service under Article 29 (2) of the Act is preferentially provided shall be until March 28, 2010.
(2) Matters necessary for the standards for preferential provision of child care service under Article 29 (2) of the Act, methods of support and procedures shall be governed by the Child Care Support Act.
 Article 27 (Protection of Underage Sufferers and Support Measures)
(1) If a person with guardianship over a minor who is the sufferer (hereafter referred to as "minor" in this Article) is deceased or missing as a result of the April 16 Sewol ferry disaster the State and the heads of local governments having authority over the domicile of the minor shall prepare protection and support measures for the minors pursuant to Article 29 (3) of the Act by September 28, 2015 and submit the measures to the support and commemoration committee.
(2) The support and commemoration committee in receipt of the protection and support measures for minors under paragraph (1) shall deliberate on the measures, make a decision, and notify the results to the heads of relevant central administrative agencies, heads of local governments, etc.
(3) The State, etc. may support expenses necessary in implementing the protection and support measures for minors under paragraph (2) within the budgetary limit.
 Article 28 (Support for Implementation of Community Recovery Programs)
(1) Expenses in whole or in part for programs that the State supports pursuant to Article 31 (2) of the Act shall be as listed in the following:
1. Education relating to the recovery of community;
2. Counselling and advice for the recovery of community;
3. Other programs that the support and commemoration committee deems necessary for the psychological stability of sufferers and Ansan citizens and for the recovery of community.
(2) The period during which the State wholly or partially supports the expenses necessary in implementing the programs under paragraph (1) shall be a minimum of three years. In such case, the support and commemoration committee may deliberate on whether to continue providing support, make decisions and extend the support period annually.
(3) In addition to matters specified in paragraphs (1) and (2), matters necessary for support for programs under Article 31 (2) of the Act shall be deliberated and determined by the support and commemoration committee.
 Article 29 (Support for Normalization of Education at Danwon High School)
(1) The period to implement a support plan for the normalization of education at Danwon High School under Article 33 (1) of the Act shall be until March 28, 2017.
(2) "Matters provided for by Presidential Decree" under Article 33 (2) 4 of the Act shall mean administrative and financial support methods with regard to the matters under Article 33 (2) 1 through 3.
 Article 30 (Leave of Absence by School Personnel)
(1) The school personnel of Danwon High School who intends to request a leave of absence pursuant to Article 34 (1) of the Act shall file an application for a leave of absence with the appointment authority.
(2) The school personnel of Danwon High School who intends to take a leave of absence pursuant to Article 34 (1) of the Act shall be provided complete payment of wages and allowances of such personnel.
(3) Notwithstanding Article 11 (1) of the Regulations on the Promotion of Education Officials, Article 14 (1) 1 of the Regulations on Remuneration of Education Officials, Article 13 (1) 1 of the Regulations on Remuneration of Local Public Officials, etc., the period for a permitted leave of absence pursuant to Article 34 (1) of the Act to the school personnel of the Danwon High School shall be counted in the performance review period and the period required for advancement under the performance review system.
(4) Where the Minister of Education or the superintendent of education intends to implement an education and training program to remedy physical and mental harm pursuant to Article 34 (4) of the Act to the school personnel of Danwon High School who take a leave of absence pursuant to Article 34 (1) of the Act notification of implementation plan shall be provided in advance to the school personnel on a leave of absence and obtain the opinion(s) of such personnel. In such case, where the school personnel on a leave of absence intends to participate in an education and training program implemented by another educational agency, organization, etc. other than the aforementioned education and training program, the Minister of Education or the superintendent of education may examine propriety of the education and training program and support necessary expenses within the budgetary limit.
 Article 31 (Establishment, etc. of Ansan Trauma Center)
(1) The Ansan trauma center shall be established in Ansan City.
(2) The Ansan trauma center shall perform the following projects:
1. Development and operation of a program for personal and group counseling, such as counselling for psychological stability and social adjustment for sufferers, etc.;
2. Examination of psychological symptoms, mental disorders, etc. suffered by sufferers, etc.;
3. Early detection of post traumatic stress disorder, suicidal inclination, etc. as a result of the April 16 Sewol ferry disaster and countermeasures;
4. Continuous management of persons highly susceptible to mental disorders as a result of the April 16 Sewol ferry disaster;
5. Establishment of a network with medical institutions and related institutions for the projects under subparagraphs 1 through 4;
6. Various education and publicity activities for the mental recovery of sufferers, etc.
(3) The Ansan trauma center shall have one or more psychiatrists, and may have mental health specialists under Article 17 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients, social workers under Article 11 of the Social Welfare Services Act, etc. necessary for the implementation of projects. <Amended by Presidential Decree No. 28074, May 29, 2017>
(4) The State may delegate any of the following institutions or organizations with the operation of the Ansan trauma center: <Amended by Presidential Decree No. 28074, May 29, 2017>
1. A mental health improvement facility under subparagraph 4 of Article 3 of the Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients;
2. A school under Article 2 of the Higher Education Act;
3. A noncommercial juristical person established to perform mental health projects.
 Article 32 (Composition, etc. of Support and Commemoration Committee)
(1) The heads of local governments having authority over the disaster areas and the Incheon Metropolitan City Mayor shall be the heads of local governments responsible for the disaster areas and commemorative projects under Article 37 (6) 1 of the Act.
(2) Members under Article 37 (6) 2 of the Act shall be appointed on the recommendation of relevant institutions, organizations, etc., in two classifications: those engaged in support for sufferers and those engaged in commemorative projects.
(3) The term of office of the members under Article 37 (6) 2 of the Act shall be two years and may be reappointed for a successive term.
 Article 33 (Duties, etc. of Chairperson of Support and Commemoration Committee)
(1) The chairperson of the support and commemoration committee (hereinafter referred to as "support chairperson") shall represent the support and commemoration committee and be responsible for the general management of the support and commemoration committee.
(2) Where the support chairperson is unable to perform duties due to unavoidable reasons, a member designated in advance by the support chairperson shall perform the duties in place of the support chairperson.
 Article 34 (Meetings of Support and Commemoration Committee)
(1) A meeting of the support and commemoration committee shall be called when the support chairperson deems necessary or by the request of more than or equal to one-third of the members on the register.
(2) Where the support chairperson intends to call a meeting of the support and commemoration committee notification of the time and date of the meeting, agendas to the members and the support subcommittee under Article 16 (1) 3 of the Special Act on Investigating the Truth of the April 16 Sewol Ferry Disaster and Building a Safe Society shall be provided no later than three (3) days prior to holding a meeting: Provided, That where an emergency meeting is to be called this shall not be applicable.
(3) Quorum shall be deemed when a majority of members on the register of the support and commemoration committee is present and a resolution shall be passed when there is simple majority of present members.
(4) Relevant agencies, such as central administrative agencies, local governments, etc., shall actively cooperate in the implementation, etc. of the matters deliberated and determined by the support and commemoration committee.
 Article 35 (Duties of Sectional Committees)
(1) The sectional committees under the authority of the support and commemoration committee (hereinafter referred to as "sectional committee") pursuant to Article 37 (3) of the Act shall undertake the following duties:
1. Advance deliberation on the agendas to be deliberated by the support and commemoration committee;
2. Deliberation on the special agendas requested by the support chairperson;
3. Deliberation on the matters necessary for the operation of the sectional committees.
(2) The members of sectional committees shall be designated by the support chairperson from among the members of the support and commemoration committee. In such case, a member of a sectional committee may concurrently hold an additional membership of another sectional committee.
(3) Articles 33 and 34 shall apply mutatis mutandis to the operation, etc. of sectional committees. In such case, "support and commemoration committee" shall be regarded as "sectional committee," and "support chairperson" as "chairperson of a sectional committee," respectively.
 Article 36 (Allowances, etc.)
The members of the support and commemoration committee and sectional committees, public officials of relevant administrative agencies, executives and staff members of relevant agencies or organizations and other experts who attend the meetings of the support and commemoration committee or sectional committees or deliberate on the agendas may receive payment allowances and traveling expenses within the budgetary limit.
 Article 37 (Support Organization of Support and Commemoration Committee)
(1) To administer the duties of the support and commemoration committee pursuant to Article 37 (7) of the Act, an organization to support sufferers as a result of the April 16 Sewol ferry disaster and to commemorate projects for victims of the April 16 Sewol ferry disaster (hereinafter referred to as "support organization") shall be established under the supervision of the support and commemoration committee.
(2) The members of the support organization shall consist of public officials assigned from relevant administrative agencies and the persons assigned from relevant agencies and organizations from among the executives and staff members thereof.
 Article 38 (Request, etc. for Cooperation from Relevant Agencies, etc.)
(1) The support chairperson if necessary for the operation of the support and commemoration committee or for the implementation of duties of the support organization may request of the relevant central administrative agencies and local governments to assign public officials or of the public institutions under Article 4 of the Act on the Management of Public Institutions to assign executives and staff members.
(2) Where the support and commemoration committee deems necessary for the implementation of duties public officials of relevant administrative agencies, executives and staff members of relevant institutions or organizations and other experts may be requested to attend a meeting of the support and commemoration committee to provide an opinion or to provide cooperation, such as submission of data or opinion, etc.
 Article 39 (Detailed Regulations, etc. of Support and Commemoration Committee)
In addition to those provided for in this Decree, matters necessary for the operation of the support and commemoration committee shall be determined by the support chairperson after deliberation and a resolution by the support and commemoration committee.
 Article 40 (Exceptions to Installation of Commemorative Facilities)
(1) Where the State intends to install commemorative parks, memorial halls, commemorative stones, etc. (hereinafter referred to as "commemorative facilities") pursuant to Article 39 of the Act a plan to create commemorative facilities or to construct commemorative facilities shall be prepared and submitted to the support and commemoration committee.
(2) The support and commemoration committee shall deliberate and determine the plan to create commemorative facilities or to construct commemorative facilities pursuant to paragraph (1).
 Article 41 (Procedures, etc. for Receiving Donations)
(1) Where the April 16 Foundation under Article 40 (1) of the Act (hereinafter referred to as "April 16 Foundation") accepts donations pursuant to Article 41 (1) of the Act donations by donors shall be provided for through deposits into an account at a post office or financial institution, and immediately issue a receipt to donors: Provided, That where donations are made anonymously or donors are unknown, the April 16 Foundation may be permitted non-issuance of a receipt.
(2) Where the April 16 Foundation accepts donations pursuant to paragraph (1) such donations shall be managed.
(3) Where a donor designates a purpose for a donation the April 16 Foundation shall use the donation for such purpose only: Provided, That the April 16 Foundation may use the donation for a similar purpose with the approval of the donor where any of the following is applicable:
1. Where the purpose of the donation is unattainable when the donation is used for the purpose designated by the donor;
2. Where a balance remains in the account after using the donation for a purpose designated by the donor.
(4) The April 16 Foundation shall retain an accounting records book on which the current state of donations that have been accepted, results of use, etc. are recorded and make accounting records book available to donors for inspection.
(5) The April 16 Foundation shall disclose the acceptance of donations and business results for the previous year on the website of the April 16 Foundation not later than the end of February of each year.
 Article 42 (Handling of Personally Identifiable Information)
The Review Committee and the heads of relevant central administrative agencies may manage data containing resident registration numbers, passport numbers or foreigner registration numbers under subparagraph 1, 2 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act where extenuating circumstances arise in the performance of the following matters:
1. Duties concerning applications for the payments of compensation, etc. and determination, applications for temporary payments and determination, etc. under Articles 6, 7 and 17 (1) of the Act;
2. Duties concerning application for a medical leave of absence by employees under Article 26 of the Act;
3. Duties concerning payments of expenses incurred in maintaining employment of employees on a leave of absence;
4. Duties concerning educational expense support under Article 28 (1) of the Act;
5. Duties concerning persons eligible for emergency aid under Article 29 (1) of the Act.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on March 29, 2015.
Article 2 (Exceptions to Period for Applying for Support for Expenses Incurred in Maintaining Employment)
Notwithstanding the provisions of subparagraphs of Article 23 (4), employers who permit a leave of absence during October 16, 2014 and March 28, 2015 may apply for the payment of expenses incurred in maintaining employment until May 31, 2015.
ADDENDA <Presidential Decree No. 26754, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 23, 2015.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 28074, May 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on May 30, 2017.
Articles 2 through 4 Omitted.
ADDENDUM <Presidential Decree No. 28437, Nov. 14, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28488, Dec. 19, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28970, Jun. 12, 2018>
This Decree shall enter into force on June 14, 2018.