ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF PNEUMOCONIOSIS AND PROTECTION OF WORKERS SUFFERING FROM PNEUMOCONIOSIS
Wholly Amended by Presidential Decree No. 20430, Nov. 30, 2007
Amended by Presidential Decree No. 20681, Feb. 29, 2008
Presidential Decree No. 21016, Sep. 18, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21654, Jul. 30, 2009
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22491, Nov. 15, 2010
Presidential Decree No. 22796, Mar. 30, 2011
Presidential Decree No. 23314, Nov. 23, 2011
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24447, Mar. 23, 2013
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 27353, Jul. 19, 2016
Presidential Decree No. 29950, Jul. 2, 2019
CHAPTER I GENERAL PROVISIONS
| Article 1-2 (Scope of Dusty Work) |
| 1. | Mining earth, stones, rocks, or minerals; |
| 2. | Cutting or processing earth, stones, rocks, or minerals; |
| 3. | Crumbling or sorting earth, stones, rocks, or minerals; |
| 4. | Loading or unloading earth, stones, rocks, or minerals from vehicles; |
| 5. | Removing earth, stones, rocks, or minerals from pits; |
| 6. | Other works of handling earth, stones, rock, or minerals in a location where mineral dust flies. |
[This Article Newly Inserted by Presidential Decree No. 21016, Sep. 18, 2008]
| Article 2 (Scope of Application) |
“Any business performing dusty work prescribed by Presidential Decree” in Article 3 of the Act means any of the following businesses: <Amended by Presidential Decree No. 21016, Sep. 18, 2008> | 1. | Applicable mining business under attached Table 1; |
| 2. | Mining business where a person belonging to which has been paid with bereaved family’s benefit under the Industrial Accident Compensation Insurance Act or has retired after being paid a disability benefit under the same Act due to pneumoconiosis, among mining businesses, other than that under subparagraph 1. |
CHAPTER II PREVENTION OF PNEUMOCONIOSIS
| Article 3 through 8 Deleted. <by Presidential Decree No. 21654, Jul. 30, 2009> |
| Article 9 (Physicians Examining Pneumoconiosis) |
| (1) | Physicians examining pneumoconiosis under Article 6 of the Act shall not exceed 15 persons, assigned to the Korea Workers’ Compensation and Welfare Service (hereinafter referred to as “Corporation”) in accordance with the Industrial Accident Compensation Insurance Act, and shall be appointed by the chief director of the Corporation, from among doctors having abundant knowledge and experience in pneumoconiosis. <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 21654, Jul. 30, 2009> |
| (2) | Duties of physicians examining pneumoconiosis shall be as follows: <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 21654, Jul. 30, 2008; Presidential Decree No. 22491, Nov. 15, 2010> |
| 1. | Determining and examining the classification for control of pneumoconiosis; |
| 2. | Determining and examining pneumoconiosis; |
| 3. | Recommending work transition or deciding subjects to be instructed; |
| 4. | Determining subjects matters for prohibition of employment; |
| 5. | Other matters deemed necessary by the Corporation for prevention of pneumoconiosis and protection, etc., of workers suffering from pneumoconiosis (hereinafter referred to as pneumoconiosis worker”). |
| (3) | Deleted. <by Presidential Decree No. 21654, Jul. 30, 2009> |
| Article 10 (Term of Office of Physicians Examining Pneumoconiosis) |
| (1) | The term of office of physicians examining pneumoconiosis shall be three years. <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 22491, Nov. 15, 2010> |
| (2) | Deleted. <by Presidential Decree No. 22491, Nov. 15, 2010> |
| Article 11 (Qualification Criteria of Physicians Examining Pneumoconiosis) |
A physician examining pneumoconiosis shall be any of the following persons: <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 22491, Nov. 15, 2010; Presidential Decree No. 23314, Nov. 23, 2011>
| 1. | Deleted; <Amended by Presidential Decree No. 22491, Nov. 15, 2010> |
| 2. | A person with at least three years’ experience as a medical specialist in the working environment medicine; |
| 3. | A person with at least three years’ experience as a medical specialist in the radiology; |
| 4. | A person with at least three years’ experience as an internist in the respiratory field. |
| Article 12 (Allowances, etc.) |
| (1) | The Corporation may pay allowances, within budgetary limits, to physicians examining pneumoconiosis. <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 21654, Jul. 30, 2009> |
| (2) | The Corporation may reimburse, within budgetary limits, necessary expenses and traveling costs for domestic or overseas business travel to physicians examining pneumoconiosis who travel in conjunction with his/her duties. <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 21654, Jul. 30, 2009> |
| Article 12-2 Deleted. <by Presidential Decree No. 27353, Jul. 19, 2016> |
| Article 12-3 (Scope, etc. of Education) |
| 1. | Overview and incidence process of pneumoconiosis; |
| 2. | Cause of incidence and response methods for pneumoconiosis; |
| 3. | Management and improvement methods of a working environment; |
| 4. | Overview of health examination for diagnosis of pneumoconiosis and prevention management of pneumoconiosis; |
| 5. | Wearing protective equipment such as dust masks and tips for handling such equipment; |
| 6. | Other matters for prevention of pneumoconiosis and health care. |
| (2) | Each business owner shall conduct education under paragraph (1) for at least two hours a year. |
[This Article Newly Inserted by Presidential Decree No. 21016, Sep. 18, 2008]
CHAPTER III MANAGEMENT OF HEALTH
| Article 12-4 (Reasons for Exemption from Obligation to Undergo Health Examination) |
“In cases prescribed by Presidential Decree where a worker undergoes a health examination at any other health examination institution and submit the results thereof, etc.” in Article 14 of the Act, means cases where a worker who does not wish to undergo a health examination conducted by a business owner undergoes a health examination including inspection items of health examination under Articles 10 through 12 of the Act at another health examination institution and submits documents proving the results thereof to the business owner. [This Article Newly Inserted by Presidential Decree No. 21016, Sep. 18, 2008]
| Article 12-5 (Health Examination Institutions) |
“Human resources and facilities prescribed by Presidential Decree” in Article 15 (1) of the Act means human resources and facilities under attached Table 1-3. [This Article Newly Inserted by Presidential Decree No. 21016, Sep. 18, 2008]
| Article 12-6 (Revocation, etc. of Designation for Health Examination Institutions) |
| 1. | Where it refuses to conduct health examinations without justifiable grounds; |
| 2. | Where the items for inspection of health examinations are omitted; |
| 3. | Where matters to be entered are omitted in a personal health examination report, including where the inspection results concerning inspection items for health examinations are not entered; |
| 4. | Where documents, such as personal health examination report of a person reported as pneumoconiosis, are not submitted. |
[This Article Newly Inserted by Presidential Decree No. 21016, Sep. 18, 2008]
| Article 13 (Persons Ineligible for Dusty Work) |
The scope of persons who shall not be employed for dusty work in accordance with Article 21 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 22491, Nov. 15, 2010; Presidential Decree No. 29950, Jul. 2, 2019> | 1. | A person whose size of large opacity is less than one third of one side of pulmonary area, and whose phase of chest X-rays belongs to type 4 and the classification of pneumoconiosis control under Article 18 (1) of the Act and attached Table 1 falls under category 3; |
| 2. | A person whose classification of pneumoconiosis control under Article 18 (1) and attached Table 1 falls under category 4: Provided, That it shall exclude persons whose phase of chest X-rays falls under types 1 or 2 and cardiopulmonary impairment is less than 20 percent; |
| 4. | A person who has received or is determined to receive disability compensation of at least grade 9 under the Industrial Accident Compensation Insurance Act due to pneumoconiosis, and who does not fall under subparagraphs 1 through 3. |
CHAPTER IV PROJECTS FOR PROTECTION OF PNEUMOCONIOSIS WORKERS
| Article 14 (Prevention of Pneumoconiosis and Projects for Protection of Pneumoconiosis Workers) |
| (1) | Projects necessary to prevent pneumoconiosis and to protect lifestyles and health of pneumoconiosis workers under Article 23 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22491, Nov. 15, 2010; Presidential Decree No. 24447, Mar. 23, 2013> |
| 1. | Scholarship programs for children of pneumoconiosis workers; |
| 2. | Payment of examination allowances and reimbursement of transfer fees for workers who have undergone health examinations for pneumoconiosis under provisions of Articles 11 through 13 of the Act: Provided, That no examination allowance shall be paid to any person who has received disability compensation annuities, or pneumoconiosis compensation annuities under the Industrial Accident Compensation Insurance Act; |
| 3. | Other projects deemed necessary by the Minister of Employment and Labor for prevention of pneumoconiosis and protection of workers suffering from pneumoconiosis and determined by the said Minister, in consultation with the Minister of Trade, Industry and Energy. |
| (2) | Scholarships of scholarship programs under paragraph (1) 1, costs for health examinations under paragraph (1) 1-2, criteria for payment of examination allowances and for reimbursement of transfer fees under paragraph (1) 2, procedures such as application of payment, and investigation of details of application, and other matters necessary for the implementation of projects under paragraph (1), shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22491, Nov. 15, 2010> |
| Article 15 (Designation of Specialized Agencies for Pneumoconiosis) |
| (1) | The Minister of Employment and Labor may designate specialized agencies for pneumoconiosis, which professionally conduct investigations, research, or examination of pneumoconiosis, from among agencies satisfying requirements for agencies prescribed by Ordinance of the Minister of Employment and Labor and requirements for research outcomes related to pneumoconiosis, if he/she deems necessary for projects for protection of pneumoconiosis workers under Article 23 (1) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22491, Nov. 15, 2010> |
| (2) | Each person who seeks designation pursuant to paragraph (1), shall apply for the designation to the Minister of Employment and Labor as prescribed by Ordinance of the Minister of Employment and Labor. <Newly Inserted by Presidential Decree No. 22491, Nov. 15, 2010> |
| (3) | A person designated as a specialized agency for pneumoconiosis shall notify the Minister of Employment and Labor of changes if designated matters are changed. <Newly Inserted by Presidential Decree No. 22491, Nov. 15, 2010> |
| (4) | The Minister of Employment and Labor may terminate the designation of a specialized agency for pneumoconiosis designated under paragraph (1), if the relevant agency ceases to meet any of the requirements for designation under the same paragraph and if it is prescribed by the Minister of Employment and Labor. <Newly Inserted by Presidential Decree No. 22491, Nov. 15, 2010> |
| (5) | The Minister of Employment and Labor, if deemed necessary to facilitate operation of a specialized agency for pneumoconiosis, may request the chief of a relevant administration agency for necessary cooperation such as provision of medical human resources for a specialized agency for pneumoconiosis. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (6) | Necessary matters for requirements for designation, procedures for designation, etc., of specialized agencies for pneumoconiosis shall be determined by Ordinance of the Minster of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 16 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Employment and Labor shall delegate his/her authority concerning the following pursuant to Article 32 of the Act, to the chiefs of competent local employment and labor offices: <Amended by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22491, Nov. 15, 2010> |
| 1. | through 2-2. Deleted; <by Presidential Decree No. 27353, Jul. 19, 2016> |
| 3. | Designation, revocation of designation, and orders for suspension of business of a health examination institution under Article 15 of the Act; |
| (2) | The Minister of Employment and Labor shall entrust the following affairs to the Corporation under Article 32 of the Act: <Amended by Presidential Decree No. 21654, Jul. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22491, Nov. 15, 2010; Presidential Decree No. 27353, Jul. 19, 2016> |
| (a) | Chest X-rays of a worker found to be suffering from pneumoconiosis; |
| (b) | Personal health examination report; |
| (c) | Documents prescribed by Ordinance of the Minister of Employment and Labor; |
| 4. | Matters concerning request to review determination on classification for pneumoconiosis control under Article 19 of the Act; |
| 7. | Payment for scholarship program for children of pneumoconiosis workers, costs incurred in health examinations, examination allowances, and transfer fees under Article 14 (1); |
| (3) | The Minister of Employment and Labor shall entrust his/her authority regarding evaluation on health examination institutions under Article 15-2 in accordance with Article 32 of the Act to the Korea Occupational Safety and Health Agency under the Occupational Safety and Health Act. <Newly Inserted by Presidential Decree No. 21016, Sep. 18, 2008; Presidential Decree No. 21263, Jan. 14, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 17 (Costs Incurred in Performing Entrusted Affairs, etc.) |
| (1) | The Minister of Employment and Labor shall pay costs incurred in performing affairs entrusted under Article 16 (2) to the Corporation. <Amended by Presidential Decree No. 21654, Jul. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Necessary matters such as performing entrusted affairs and payment of costs incurred pursuant to paragraph (1) shall be determined by the Minister of Employment and Labor in consultation with the Minister of Trade, Industry and Energy. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24447, Mar. 23, 2013> |
| Article 17-2 (Management of Sensitive Information and Unique Identifying Information) |
| 7. | Affairs concerning preservation of records of health examinations results and chest X-rays under Article 30 of the Act; |
| 8. | Affairs concerning scholarship programs and payment of examination allowances and reimbursement of transfer fees under Article 14 (1) 1 and 2. |
[This Article Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012]
| Article 17-3 Deleted. <by Presidential Decree No. 27353, Jul. 19, 2016> |
CHAPTER VI PENALTY PROVISIONS
| Article 18 (Imposition Criteria of Administrative Fines) |
The criteria for imposition administrative fines under Article 37 of the Act shall be as attached Table 2. [This Article Wholly Amended by Presidential Decree No. 22796, Mar. 30, 2011]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 16 and 17 shall enter into force on January 1, 2008. Article 2 (Transitional Measures concerning Collection of Contributions)
ADDENDA <Presidential Decree No. 20681, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 21016, Sep. 18, 2008>
This Decree shall enter into force on September 22, 2008.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21654, Jul. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 7, 2009.
Article 2 (Transitional Measures concerning Physicians Examining Pneumoconiosis)
Each physician examining pneumoconiosis appointed under the previous provisions before this Decree enters into force, shall be deemed appointed by the chief director of the Corporation under the amended provisions of Article 9 (1) until the end of his/her term. Article 3 (Transitional Measures concerning Request for Review on Determination on Classification for Pneumoconiosis Control)
Any request to review determination on classification for pneumoconiosis control made to the Minister of Employment and Labor before this Decree enters into force shall be deemed made to the Corporation under amended provisions of Article 16 (2) 4.
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22491, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 21, 2010: Provided, That the amended provisions of attached Table 1-3 shall enter into force on January 1, 2013.
Article 2 (Transitional Measures concerning Term of Physicians Examining Pneumoconiosis)
Notwithstanding the amended provisions of Article 10, the previous provisions shall apply to the term of a person appointed as a physician examining pneumoconiosis in accordance with previous provisions as at the time this Decree enters into force. Article 3 (Transitional Measures concerning Qualification Criteria for Physicians Examining Pneumoconiosis)
Notwithstanding the amended provisions of Article 11, any medical specialist of preventive medical department appointed as a physician examining pneumoconiosis under the previous provisions as at the time this Decree enters into force shall be deemed to meet the qualification criteria for a physician examining pneumoconiosis under this Decree during his/her term. Article 4 (Transitional Measures concerning Human Resources and Facilities of Health Examination Institutions)
| (1) | Any health examination institutions, operated under previous provisions as at the time this Decree enters intro force, shall prepare human resources and facilities under amended provisions of attached Table 1-3 and submit a report under Article 15 (6) of the Act by not later January 31, 2013, after this Decree enters into force. |
| (2) | Any medical specialist of prevention medical department working for a health examination institution under previous provisions as at the time this Decree enters into force shall be deemed to fall under subparagraph (1) a in the amended provisions of attached Table 1-3 during his/her term of office. |
ADDENDA <Presidential Decree No. 22796, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | The previous provisions shall apply, notwithstanding the amended provisions of attached Table 2, when the imposition criteria of administrative fines apply to violations before this Decree enters into force. |
| (2) | Any imposition disposition received from violation acts before this Decree enters into force shall not be included in calculating the number of violations under amended provisions of attached Table 2. |
ADDENDA <Presidential Decree No. 23314, Nov. 23, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 24447, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 27353, Jul. 19, 2016>
This Decree shall enter into force on July 28, 2016.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)