CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide prompt and fair remedies for victims who have suffered damage to life or health due to the use of humidifier disinfectants containing any chemical substances verified toxic and for their bereaved family members.
The terms used in this Act are defined as follows: <Amended on Aug. 14, 2018; Mar. 24, 2020>
| 1. | The term “humidifier disinfectant” means any ingredient or substance added to water used in a humidifier to prevent microbial propagation and the occurrence of scale; |
| 2. | The term “toxic chemical substance” means any hazardous chemical substance verified toxic by the Ministry of Environment, the Ministry of Health and Welfare, or any other institution prescribed by Presidential Decree; |
| 3. | The term “health damage caused by humidifier disinfectant” means damage to life or health (including aftereffects) caused or worsened by exposure to a humidifier disinfectant containing toxic chemical substances; |
| 4. | The term “humidifier disinfectant victim” means a person who has suffered health damage caused by humidifier disinfectants and is determined eligible for remedial benefits by the Minister of Environment under Article 10 (2): |
| (a) | Deleted; <Mar. 24, 2020> |
| (b) | Deleted; <Mar. 24, 2020> |
| 4-2. | The term “verified sufferer from exposure to humidifier disinfectants” means a person verified to have been exposed to humidifier disinfectants, as prescribed by Ordinance of the Ministry of Environment, through an environmental exposure investigation on the environment of humidifier disinfectant usage, the duration of contact with humidifier disinfectants, the products consumed, etc.; |
| 5. | The term “humidifier disinfectant supplier” means a business entity that manufactures or imports humidifier disinfectants and sells them directly or through a third party (including an original equipment manufacturer, an original design manufacturer, a contractor, and a subcontractor); |
| 6. | The term “raw material supplier” means a business entity that manufactures or imports toxic chemical substances used for humidifier disinfectants (hereinafter referred to as “raw materials”) and sells them directly or through a third party; |
| 7. | The term “bereaved family member” means the spouse (including a person who is in a de facto marital relationship), a child, a parent, a grandchild, a grandparent, or a sibling of the deceased. |
| Article 3 (Responsibility of the State) |
The State shall establish and implement relief and support measures necessary to promptly alleviate the financial hardship and urgent health concerns of the humidifier disinfectant victims and of their bereaved family members. <Amended on Mar. 24, 2020>
| Article 4 (Liability for Damage) |
| (1) | Where health damage is caused by a humidifier disinfectant, the relevant humidifier disinfectant supplier shall compensate for such damage. |
| (2) | Amounts of compensation prescribed in paragraph (1) shall be calculated based upon the following: |
| 1. | The degree of awareness of the likelihood that damage would occur, such as intent; |
| 2. | The degree of damage caused by defects in the humidifier disinfectant; |
| 3. | The extent to which the relevant supplier has worked to remedy the damage; |
| 4. | The age, likelihood of complete recovery, and degree and persistence of the victim’s disability of the victim. |
| Article 5 (Presumption of Causation) |
Where the following facts are proved to be true, the damage to life or health shall be presumed to have been caused by a humidifier disinfectant: Provided, That the same shall not apply where the humidifier disinfectant supplier proves that such damage has occurred due to other reasons: <Amended on Mar. 24, 2020>
| 1. | The fact of having been exposed to humidifier disinfectants; |
| 2. | The fact that a disease has occurred or the existing disease has worsened after exposure to humidifier disinfectants; |
| 3. | The fact that the findings of any survey or research determined by Presidential Decrees confirm the epidemiological correlation between exposure to humidifier disinfectants under subparagraph 1 and diseases under subparagraph 2. |
| Article 6 (Right to Request Information) |
| (1) | A humidifier disinfectant victim may request information on the manufacturing process of the humidifier disinfectant or toxic chemical substance, the equipment used, the type, concentration, and toxicity of the substance used, production and sale, and authorization and permission (including a report, registration, report of change, and registration of change) from the relevant humidifier disinfectant supplier and raw material supplier in order to determine the establishment and scope of a right to claim compensation for health damage caused by humidifier disinfectant. |
| (2) | A humidifier disinfectant supplier in receipt of a claim for compensation from the humidifier disinfectant victim may request information on the manufacturing process, the equipment used, the type, concentration, and toxicity of the substance used, production and sale, and authorization and permission (including a report, registration, report of change, and registration of change) from another humidifier disinfectant supplier or raw material supplier in order to determine the scope of its right to indemnity. |
| (3) | A humidifier disinfectant supplier or raw material supplier in receipt of a request for information pursuant to paragraphs (1) and (2) shall provide or allow perusal of the requested information. |
| (4) | Where a request for information made under paragraphs (1) and (2) is rejected fully or partially for reasons of business confidentiality, etc., the victim of the humidifier disinfectant and the humidifier disinfectant supplier may request the Minister of Environment to issue an order to provide or allow perusal of information. |
| (5) | Upon receiving a request made under paragraph (4), the Minister of Environment may order the humidifier disinfectant supplier or raw material supplier to provide or allow perusal of the requested information after deliberation by the Committee on Remedying Damage Caused by Humidifier Disinfectants established under Article 7. |
| (6) | No person who has been provided with information or has perused information pursuant to paragraphs (1), (2), and (5) shall misappropriate such information, such as using it for any purpose other than for which it is requested or providing it to any third person. |
| (7) | Except as provided in paragraphs (1) through (6), the procedures and methods for requesting information and for issuing orders to provide or allow perusal of information shall be prescribed by Presidential Decree. |
| Article 6-2 (Order to Submit Data) |
| (1) | In a lawsuit for compensation for health damage caused by humidifier disinfectants, the court, upon receipt of a party's application, may order the other party to submit data necessary for proving the alleged damage or for calculating the amount of such damage: Provided, That the same shall not apply where the possessor of such data has good reason to refuse the submission of such data. |
| (2) | Where a possessor of data argues that he or she has good reason to refuse the submission thereof pursuant to paragraph (1), the court may order the submission of the data to determine validity of such argument. In such cases, the court shall not allow other persons to inspect such data. |
| (3) | Where the data to be submitted pursuant to paragraph (1) constitute trade secrets (referring to trade secret defined in subparagraph 2 of Article 2 of the Unfair Competition Prevention and Trade Secret Protection Act) or personal information (referring to personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act) but they are of absolute necessity in order to prove the damage or calculate the amount of damage, such fact shall not be deemed good reason pursuant to the proviso of paragraph (1). In such cases, the court shall designate the scope of inspection or a person permitted to inspect only to the extent necessary to achieve the purposes of the submission order. |
| (4) | Where a party fails to follow the data submission order without good reason, the court may deem that the claim of the other party on the description of data is true. |
| (5) | In the case of paragraph (4), where a party who has requested the submission of data is in a considerably difficult situation to make a detailed assertion on the description of data and it is also impractical to expect that other evidence would prove the facts to be proved by data, the court may recognize the assertion of the party on the facts which he or she intends to prove through the description of the data as true. |
| (6) | No person who is provided with or inspects data pursuant to paragraph (1) or (3) shall use such data for any wrongful purposes such as using it differently from the intended purpose of the submission order or providing data to a third party. |
[This Article Newly Inserted on Mar. 24, 2020]
CHAPTER II COMMITTEE ON REMEDYING DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 7 (Committee on Remedying Damage Caused by Humidifier Disinfectants) |
| (1) | A Committee on Remedying Damage Caused by Humidifier Disinfectants (hereinafter referred to as the “Committee on Remedying Damage”) shall be established under the jurisdiction of the Minister of Environment to deliberate and resolve on matters concerning remedy for health damage caused by humidifier disinfectants and support for such remedy. |
| (2) | The Committee on Remedying Damage shall be comprised of not more than 15 members, including one chairperson. |
| (3) | The Committee on Remedying Damage shall be chaired by the Vice Minister of Environment, and the members thereof shall be commissioned or designated by the Minister of Environment from among the following persons: <Amended on Aug. 14, 2018> |
| 1. | A public official recommended by the head of his or her central administrative agency prescribed by Presidential Decree; |
| 2. | An executive officer or employee recommended by the head of his or her institution, corporation or organization prescribed by Presidential Decree; |
| 3. | A medical specialist in departments related to health damage caused by humidifier disinfectants, including diagnostic radiology, pulmonology, preventive medicine, pathology, occupational and environmental medicine etc.; |
| 4. | A person who have been employed at an accredited university or research institute for at least five years, with sufficient knowledge and experience in environmental health, toxicology, humanities/sociology or law; |
| 5. | A person who has served as a judge, prosecutor, or attorney-at-law for at least five years. |
| (4) | Any organization reported under Article 9 (1) may recommend a person falling under any subparagraph 1 through 5 of paragraph (3) as a member of the Committee on Remedying Damage. <Newly Inserted on Aug. 14, 2018> |
| (5) | In order to more professionally review matters regarding the payment of remedial benefits, the Committee on Remedying Damage shall establish a special committee for examination and determination and a special committee for reexamination, and may additionally establish an expert committee when necessary. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (6) | Except as provided in paragraphs (1) through (5), the organization and operation of the Committee on Remedying Damage, the special committee for examination and determination, the special committee for reexamination, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| Article 8 (Functions of Committee on Remedying Damage) |
The Committee on Remedying Damage shall deliberate and resolve on the following matters: <Amended on Aug. 14, 2018; Mar. 24, 2020>
| 1. | Issuing orders to provide or allow perusal of information pursuant to Article 6 (5) (including cases applied mutatis mutandis pursuant to Article 9-2 (4)); |
| 2. | Determining whether to pay remedial benefits or the grades of injury pursuant to Article 10 (2); |
| 3. | Developing the criteria for determining the eligibility for remedial benefits and the grades of injury pursuant to Article 10 (5); |
| 4. | Revoking a determination on eligibility for remedial benefits, renewing the valid period, and changing the grades of injury pursuant to Article 11 (3); |
| 5. | Specially recognizing bereaved family members pursuant to Article 19 (1); |
| 6. | Deleted; <Mar. 24, 2020> |
| 7. | Conducting reexaminations pursuant to Article 29 (1); |
| 8. | Matters regarding the reimbursement of expenses under subparagraph 8 of Article 32; |
| 9. | Other matters referred to by the Chairperson in connection with the performance of duties pursuant to this Act. |
| Article 9 (Victims’ Organizations) |
| (1) | Humidifier disinfectant victims and their bereaved family members may establish an organization and report such fact to the Minister of Environment, as prescribed by Presidential Decree. |
| (2) | An organization reported pursuant to paragraph (1) (hereinafter referred to as “victims’ organization”) may engage in activities for representing the interests of humidifier disinfectant victims, memorial projects related to damage due to humidifier disinfectants, research and development projects, etc. <Amended on Aug. 14, 2018> |
| (3) | Any victims’ organization reported pursuant to paragraph (1) may submit opinions on deliberation and resolution by the Committee on Remedying Damage. <Amended on Aug. 14, 2018> |
| (4) | With respect to a victims’ organization that conducts projects prescribed by Presidential Decree, the Minister of Environment may subsidize some of the expenses necessary for the relevant projects through the Remedy Fund for Damage Caused by Humidifier Disinfectants prescribed in Article 31 (1), as prescribed by Presidential Decree. <Newly Inserted on Aug. 14, 2018; Mar. 24, 2020> |
| Article 9-2 (Organizations of Verified Exposure Suffers) |
| (1) | Verified sufferers from exposure to humidifier disinfectants may establish an organization and report such fact to the Minister of Environment, as prescribed by Presidential Decree. |
| (2) | Any organization reported pursuant to paragraph (1) may engage in activities for representing the interests of verified sufferers from exposure to humidifier disinfectants. |
| (3) | In order to ensure that verified sufferers from exposure to humidifier disinfectants are determined eligible for remedial benefits with ease pursuant to Article 10 (2), any organization reported pursuant to paragraph (1) may, upon receipt of applications from verified sufferers from exposure to humidifier disinfectants, request information on the manufacturing process of humidifier disinfectants or toxic chemical substances; the equipment used; the type, concentration, and toxicity of the substances used; production and sale; authorization and permission (including a report, registration, report of change, and registration of change), etc. from a humidifier disinfectant supplier or raw material supplier. <Amended on Mar. 24, 2020> |
| (4) | Article 6 (3) through (7) shall apply mutatis mutandis to the following: the obligation of humidifier disinfectant suppliers or raw material suppliers in receipt of a request for information prescribed in paragraph (3) to provide or allow perusal of the requested information; the application for an order to provide or allow perusal of the requested information; an order to provide or allow perusal of the requested information; the prohibition of using the requested information for any purpose other than for which it is requested or any inappropriate purpose, etc. |
[This Article Newly Inserted on Aug. 14, 2018]
| Article 10 (Application to Receive Remedial Benefits) |
| (1) | A person who intends to receive (hereinafter referred to as "applicant") the benefits the Minister of Environment pays to humidifier disinfectant victims or their bereaved family members (hereinafter referred to as "remedial benefits") shall file an application with the Minister of Environment, along with supporting documents, as prescribed by Presidential Decree. <Amended on Mar. 24, 2020> |
| (2) | The Minister of Environment shall determine whether to pay remedial benefits and the grade of injury after deliberation by the Committee on Remedying Damage within 60 days after receipt of the application filed under paragraph (1): Provided, That the period for determination may be extended by up to 30 days if it is difficult to determine whether to pay remedial benefits or the grade of injury, within 60 days, for medical reasons or with good cause. <Amended on Mar. 24, 2020> |
| (3) | The period for supplementing an application filed under paragraph (1) and the period required for the medical examination and test for medical judgment shall be disregarded in calculating the period for determination prescribed in paragraph (2). |
| (4) | The Minister of Environment may fully or partially reimburse low-income persons prescribed by Presidential Decree, among those who have been determined eligible for remedial benefits by the Minister of Environment under paragraph (2) or the applicants, for the expenses incurred in receiving medical examinations and tests for the purpose of determining the eligibility for remedial benefits. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (5) | The Minister of Environment shall develop the criteria for determining the eligibility for remedial benefits and the grades of injury after deliberation by the Committee on Remedying Damage. <Newly Inserted on Aug. 14, 2018; Mar. 24, 2020> |
| (6) | The Minister of Environment shall review the medical fitness and feasibility of the criteria for determining the eligibility for remedial benefits each year, by the methods prescribed by Presidential Decree. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (7) | Where a person determined eligible for remedial benefits in accordance with paragraph (2) intends to receive such benefits, he or she shall request the payment of remedial benefits to the Minister of Environment as prescribed by Presidential Decree. <Newly Inserted on Mar. 24, 2020> |
| (8) | Matters necessary for a determination on eligibility for remedial benefits, the procedures and criteria for paying remedial benefits, and reimbursement of expenses incurred in medical examinations and tests pursuant to paragraphs (1) through (7) shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
[Title Amended on Mar. 24, 2020]
| Article 10-2 (Right to State Opinion) |
An applicant may state his or her opinion for determination under Article 10 (2) or 30 (1) during the deliberation procedure of the Committee on Remedying Damage. [This Article Newly Inserted on Mar. 24, 2020]
| Article 10-3 (Duty to Notify in Process of Determining Eligibility for Remedial Benefits) |
| (1) | The Minister of Environment shall notify, without delay, an applicant of the facts and reasons in any of the following cases: |
| 1. | Where the Minister has determined whether to pay remedial benefits pursuant to the main clause of Article 10 (2) or 30 (1); |
| 2. | Where the Minister has extended the determination period pursuant to the proviso of Article 10 (2) or 30 (1); |
| 3. | Where the period required for a medical examination or test to reach any medical judgment under Article 10 (3) or 30 (2) exceeds the period prescribed by Ordinance of the Ministry of Environment. |
| (2) | In the case of paragraph (1) 1, the Minister of Environment shall also notify the judgment details on the applicant's opinions under Article 10-2. |
[This Article Newly Inserted on Mar. 24, 2020]
| Article 11 (Valid Period for Determining Eligibility for Remedial Benefits) |
| (1) | The valid period for determining the eligibility for remedial benefits (hereinafter referred to as "valid period") shall be prescribed by Presidential Decree, in consideration of the type of health damage caused by humidifier disinfectants, the grade of injury, etc. <Amended on Mar. 24, 2020> |
| (2) | If it is unlikely that a humidifier disinfectant victim can recover from his or her health damage before the valid period expires, the victim may submit an application for renewal of the valid period to the Minister of Environment at least two to four months before the valid period expires. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (3) | Upon receiving an application submitted pursuant to paragraph (2) or determining that a humidifier disinfectant victim completely or partially recovers from health damage, the Minister of Environment may revoke a determination on eligibility for remedial benefits, renew the valid period, or change the grade of injury after deliberation by the Committee on Remedying Damage. <Amended on Mar. 24, 2020> |
| (4) | Where the Minister of Environment revokes a determination on eligibility for remedial benefits, renews the valid period, or changes the grade of injury, the Minister shall notify, without delay, the relevant humidifier disinfectant victim or his or her bereaved family member of such fact. <Amended on Mar. 24, 2020> |
| (5) | Except as provided in paragraphs (1) through (4), matters necessary for revoking a determination on eligibility for remedial benefits, renewing the valid period, and changing the grade of injury shall be prescribed by Presidential Decree. <Amended on Mar. 24, 2020> |
[Title Amended on Mar. 24, 2020]
| Article 12 (Types of Remedial Benefits) |
| (1) | The types of remedial benefits shall be as follows: <Amended on Dec. 14, 2018; Mar. 24, 2020> |
| 1. | Medical care benefits; |
| 2. | Allowances for medical care and living costs; |
| 4-2. | Disability Benefits; |
| 5. | Special consolations for bereaved family members; |
| 6. | Special funeral expenses; |
| 7. | Remedial benefit adjustments. |
| (2) | Remedial benefits shall be financed by the Damage Remedy Fund under Article 31. <Newly Inserted on Mar. 24, 2020> |
| Article 13 (Medical Care Benefits) |
| (1) | Medical care benefits shall be paid to humidifier disinfectant victims. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | Where a medical institution provides a humidifier disinfectant victim prescribed in paragraph (1)with medical treatment for health damage caused by humidifier disinfectant, medical care benefits payable to the victim shall be prescribed by Presidential Decree according to the applicable grade of injury, within the amount paid by the humidifier disinfectant victim pursuant to Article 44 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act, in addition to that paid by an insurer. <Amended on Aug. 14, 2018> |
| (4) | No application for paying medical care benefits may be filed upon the expiration of any of the following periods: <Amended on Mar. 24, 2020> |
| 1. | In cases of medical care benefits incurred prior to receiving a determination on eligibility for remedial benefits under Article 10, three years from the date of receiving notice on such determination; |
| 2. | In cases of medical care benefits incurred after receiving a determination on eligibility for remedial benefits under Article 10, three years from the date of receiving medical treatment for health damage caused by humidifier disinfectants. |
| (5) | A determination to pay medical care benefits shall take effect retrospectively from the date of diagnosis when a victim suffering health damage caused by humidifier disinfectants starts to take treatment. |
| Article 14 (Allowances for Medical Care and Living Costs) |
| (1) | Allowances for medical care and living costs shall be paid to humidifier disinfectant victims. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | The amount of an allowance for medical care and living costs shall be prescribed by Presidential Decree based upon the type of health damage caused by humidifier disinfectant and the applicable grade of injury, in consideration of expenses necessary for medical treatment and care of health damage caused by humidifier disinfectant, as well as medical care benefits. |
| (3) | An allowance for medical care and living costs shall be paid monthly, and the payments shall be made beginning on the month following the month during which an application for the payment of remedial benefits is filed pursuant to Article 10 and ending on the month during which the cause for paying the allowance for medical care and living costs ceases to exist. <Amended on Mar. 24, 2020> |
| (4) | No application for paying an allowance for medical care and living costs may be filed upon the expiration of three years from the date on which a humidifier disinfectant victim receives a notice of eligibility for the allowance for medical care and living costs. |
| Article 15 (Funeral Expenses) |
| (1) | If a humidifier disinfectant victim dies due to health damage caused by humidifier disinfectants, funeral expenses shall be paid to the victim’s bereaved family members who hold a funeral for the victim. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | The amount of funeral expenses referred to in paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | No application for paying funeral expenses pursuant to paragraph (1) may be filed upon the expiration of three years from the date on which a humidifier disinfectant victim dies. |
| Article 16 (Nursing expenses) |
| (1) | Nursing expenses shall be paid to humidifier disinfectant victims. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | The amount of nursing expenses shall be prescribed by Presidential Decree in consideration of the degree of immobility the humidifier disinfectant victim prescribed in paragraph (1) experiences in leading daily life. <Amended on Aug. 14, 2018> |
| (3) | No application for paying nursing expenses may be filed upon the expiration of any of the following periods: <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| 1. | In cases of nursing expenses incurred prior to receiving a determination on eligibility for remedial benefits pursuant to Article 10, three years from the date of receiving notice on such determination; |
| 2. | In cases of nursing expenses incurred after receiving a determination on eligibility for remedial benefits pursuant to Article 10, three years from the date of receiving nursing care. |
| (4) | A determination to pay nursing expenses shall take effect retrospectively from the date on which an application for the payment of remedial benefits is filed pursuant to Article 10. <Amended on Mar. 24, 2020> |
| Article 16-2 (Disability Benefits) |
| (1) | Disability benefits shall be paid to any person who ends up with a disability after receiving medical treatment for a disease caused by exposure to humidifier disinfectants. |
| (2) | Disability benefits shall be calculated based on the grade of disability, and the criteria for the payment thereof shall be prescribed by Presidential Decree. |
| (3) | An application for the payment of disability benefits shall not be filed after the lapse of three years from the date on which a person is notified of his or her eligibility for disability benefits. |
[This Article Newly Inserted on Mar. 24, 2020]
| Article 17 (Special Consolations for Bereaved Family Members and Special Funeral Expenses) |
| (1) | Special consolations for bereaved family members and special funeral expenses (hereinafter referred to as “special consolations for bereaved family members, etc.”) shall be paid to the bereaved family members of any of the following persons: <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| 1. | A person who dies before this Act enters into force, being recognized by the Minister of Environment as having died due to health damage caused by humidifier disinfectants after his or her death; |
| 2. | A person who dies after this Act enters into force without applying for the payment of remedial benefits, being recognized by the Minister of Environment as having died due to health damage caused by humidifier disinfectants after his or her death; |
| 3. | A person who applies for the payment of remedial benefits under this Act, but dies before receiving a determination on the payment of remedial benefits, and is recognized by the Minister of Environment as having died due to health damage caused by humidifier disinfectants after his or her death. |
| (2) | The amount of the special consolations for bereaved family members referred to in paragraph (1) shall be prescribed by Presidential Decree in consideration of the medical care benefits paid pursuant to Article 13 and the allowances for medical care and living costs paid pursuant to Article 14. |
| (3) | The amount of the special funeral expenses referred to in paragraph (1) shall be the same as that of the funeral expenses paid pursuant to Article 15. |
| (4) | No application for paying a special consolation to the bereaved family members, etc. of a person referred to in paragraph (1) 1 may be filed or or after the date this Act enters into force, and no application for paying a special consolation to the bereaved family members, etc. of a person referred to in paragraph (1) 2 or 3 may be filed upon the expiration of five years following the person’s death. |
| Article 18 (Scope and Priority Order of Persons Entitled to Special Consolations for Bereaved Family Members) |
| (1) | Persons entitled to special consolations for bereaved family members, etc. shall be those who lived together with a humidifier disinfectant victim, falling under any of the subparagraphs of Article 17 (1) as at the time the victim died. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | The order of priority of persons entitled to special consolations for bereaved family members, etc. under paragraph (1) shall be the spouse (including a person who is in a de facto marital relationship), children, parents, grandchildren, grandparents, and siblings of the deceased in the named order. |
| (3) | If at least two bereaved family members are entitled to special consolations for bereaved family members, etc. under paragraph (1) in the same order of priority, the special consolations for bereaved family members, etc. shall be apportioned to such bereaved family members equally. |
| Article 19 (Special Recognition as Bereaved Family Members) |
| (1) | A person who seeks to obtain a special consolation for bereaved family members, etc. pursuant to Article 17 (1) shall apply for recognition with the Minister of Environment (hereafter in this Article referred to as “special recognition as a bereaved family member”), along with a document stating medical opinions on health damage caused by humidifier disinfectant and other matters prescribed by Presidential Decree; and Article 10 (2) and (3) shall apply mutatis mutandis to application procedures. In such cases, “determination on eligibility for remedial benefits” shall be construed as “special recognition as a bereaved family member.” <Amended on Mar. 24, 2020> |
| (2) | Except as provided in paragraph (1), matters necessary for the procedures and methods for special recognition as bereaved family members shall be prescribed by Presidential Decree. |
| Article 20 (Remedial Benefit Adjustments) |
| (1) | Where a humidifier disinfectant victim dies due to the health damage caused by the humidifier disinfectant, if the sum of the medical care benefits, allowance for medical care and living costs, nursing expenses paid, and disability benefits (hereafter in this paragraph referred to as “sum”) is less than the amount of the special consolation for bereaved family members determined under Article 17 (2), the amount of the special consolation for bereaved family members minus the aforesaid sum shall be paid as a remedial benefit adjustment to the bereaved family members who lived with the victim of the humidifier disinfectant as at the time the victim died. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members entitled to remedial benefit adjustments. In such cases, “special consolations for bereaved family members, etc.” shall be construed as “remedial benefit adjustments.” |
| (3) | No application for paying a remedial benefit adjustment pursuant to paragraph (1) may be filed upon the expiration of three years following the date on which a humidifier disinfectant victim prescribed in paragraph (1) dies. <Amended on Aug. 14, 2018> |
| Article 21 Deleted. <on Mar. 24, 2020> |
| Article 22 (Payment of Remedial Benefits) |
| (1) | The Minister of Environment shall pay remedial benefits within 30 days from the date on which the Minister receives a request to pay the remedial benefits under Article 10 (7): Provided, That where it is impracticable to pay remedial benefits within 30 days, the Minister may extend the period by 14 days by giving notice of the reasons therefor. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | Where any humidifier disinfectant victim has an objection to the amount of money not included in the payment of remedial benefits and the grounds therefor, he or she may apply for the adjustment of remedial benefits to the Minister of Environment within 30 days from the date of receiving the remedial benefits. <Newly Inserted on Aug. 14, 2018; Mar. 24, 2020> |
| (3) | Matters necessary for the payment of remedial benefits pursuant to paragraph (1) and the application for adjustment of remedial benefits pursuant to paragraph (2) shall be prescribed on Presidential Decree. <Amended on Aug. 14, 2018> |
| Article 23 (Accrued Medical Care Benefits) |
| (1) | Medical care benefits, allowances for medical care, living costs, nursing expenses or disability benefits (hereinafter referred to as “medical care benefits, etc.”) payable to a person entitled to such medical care benefits, etc. (hereinafter referred to as “eligible beneficiary”) as at the time the beneficiary died shall be paid upon request by a bereaved family member who lived with the beneficiary at the time of the eligible beneficiary’s death. <Amended on Mar. 24, 2020> |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members entitled to the medical care benefits, etc. In such cases, “special consolations for bereaved family members, etc.” shall be construed as “medical care benefits, etc.” |
| (3) | No request to pay accrued medical care benefits, etc. pursuant to paragraph (1) may be filed upon the expiration of the three-year period from the date of death of an eligible beneficiary. |
| Article 24 (Restrictions on Payment of Medical Care Benefits) |
| (1) | If a humidifier disinfectant victim is found to have aggravated his or her health damage or have interfered with his or her treatment intentionally or by gross negligence, the Minister of Environment may determine to discontinue the payment of all or some of the medical care benefits, etc. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | Upon determining to discontinue the payment of medical care benefits, etc. pursuant to paragraph (1), the Minister of Environment shall notify the humidifier disinfectant victim or his or her bereaved family members of such determination. |
| (3) | Matters necessary for restricting the payment of medical care benefits, etc. shall be prescribed by Presidential Decree. |
| Article 25 (Relationship with Other Compensation for Loss or Damage) |
| (1) | If a person entitled to remedial benefits pursuant to this Act has received money or goods amounting to the remedial benefits provided in this Act, pursuant to the Civil Act or any other Act or subordinate statute on the same grounds, the remedial benefits provided in this Act shall be withheld up to the amount of the money or goods already received and converted by the method prescribed by Presidential Decree. |
| (2) | Where the Minister of Environment has paid remedial benefits under this Act, the Minister may have a right to exercise, by subrogation, the right of a humidifier disinfectant victim or his or her bereaved family members to claim compensation against the humidifier disinfectant supplier, etc., out of the remedial benefits paid within the limit of Government contributions (referring to the amount prescribed by Presidential Decree, in consideration of the proportion of each financial resource to the Damage Remedy Fund pursuant to Article 31). <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (3) | In exercising, by subrogation, the right to claim compensation pursuant to paragraph (2), the special consolation for bereaved family members provided in Article 17 and the remedial benefit adjustment provided in Article 20 shall be construed as consolation money granted pursuant to the Civil Act. |
| (4) | Where a person entitled to compensation for damage pursuant to this Act, the Civil Act, or other statutes or regulations has received remedial benefits under this Act for the same reason, the amount of such compensation for damage shall be determined by deducting the amount of such remedial benefits paid. <Amended on Mar. 24, 2020> |
| Article 26 (Recovery of Unjust Gains) |
| (1) | The Minister of Environment shall recover remedial benefits (referring to double the benefits in the case of subparagraph 1) paid to a person and transfer the remedial benefits to the Damage Remedy Fund established under Article 31: <Amended on Mar. 24, 2020> |
| 1. | The person has obtained the remedial benefits by fraud or other illegal means; |
| 2. | The remedial benefits have been erroneously paid. |
| (2) | Matters necessary for the method for recovering unjust gains shall be prescribed by Presidential Decree. |
| Article 27 (Protection of Entitlements) |
No entitlement to remedial benefits under this Act shall be transferred, seized, or provided as security.
| Article 28 (Exemption from Public Dues) |
Neither the State nor a local government shall impose any public due on money or goods paid or provided as remedial benefits.
| Article 29 (Requests for Reexamination) |
| (1) | A person dissatisfied with a determination, recognition, etc. (hereafter referred to in this Article as “determination, etc.”) with regard to any of the following matters may file a request for reexamination with the Minister of Environment: <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| 1. | An order to provide or allow perusal of information pursuant to Article 6 (5) (including cases applied mutatis mutandis pursuant to Article 9-2 (4)); |
| 2. | A determination on eligibility for remedial benefits under Article 10 (2) and the grade of injury pursuant to Article 10 (2); |
| 3. | Revocation of a determination on the payment of remedial benefits, renewal of the valid period, and change of the grade of injury pursuant to Article 11 (3); |
| 4. | Special recognition as bereaved family members pursuant to Article 19 (1); |
| 5. | Deleted. <Mar. 24, 2020> |
| (2) | A request for reexamination pursuant to paragraph (1) shall be filed within 90 days from the date on which the requester becomes aware that the relevant determination, etc. has been made: Provided, That a period during which it is impossible to file a request for examination due to a natural disaster, war, upheaval, or other force majeure event shall be excluded from the period for filing a request for reexamination. |
| (3) | Except as provided in paragraphs (1) and (2), the procedures and methods for filing requests for reexamination, etc. shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018> |
[Title Amended on Aug. 14, 2018]
| Article 30 (Deliberation on and Determination as to Requests for Reexamination) |
| (1) | The Minister of Environment shall determine whether to conduct reexamination within 30 days from the date of receiving the request for reexamination pursuant to Article 29, subject to deliberation by the Committee on Remedying Damage: Provided, That the period may be extended only once by up to 30 days if it is impossible to determine within the aforesaid period in any inevitable circumstance. <Amended on Aug. 14, 2018> |
| (2) | When calculating the period of determination pursuant to paragraph (1), the period required to supplement a request prescribed in Article 29 (1), the period required for medical judgment, etc. shall be disregarded. <Newly Inserted on Aug. 14, 2018> |
| (3) | Except as provided in paragraphs (1) and (2), matters concerning determination on whether to conduct reexamination, notification of determination, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Aug. 14, 2018> |
CHAPTER III REMEDY FUND FOR DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 31 (Establishment and Raising of Remedy Fund for Damage Caused by Humidifier Disinfectants) |
| (1) | The Minister of Environment shall establish and manage a Remedy Fund for Damage Caused by Humidifier Disinfectants (hereinafter referred to as the “Damage Remedy Fund”) to provide support to the humidifier disinfectant victims. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (2) | The Damage Remedy Fund shall be raised by the following financial resources: <Amended on Jan. 14, 2018; Mar. 24, 2020> |
| 1. | Contributions to remedy damage caused by humidifier disinfectants pursuant to Article 34; |
| 2. | Government contributions; |
| 3. | Earnings from operating the Damage Remedy Fund; |
| 5. | Surplus accruing at the settlement of accounts of the Damage Remedy Fund; |
[Title Amended on Mar. 24, 2020]
| Article 32 (Use of Damage Remedy Fund) |
The Damage Remedy Fund shall be used for the following purposes: Provided, That government contributions prescribed in Article 31 (2) 2 shall be used only for the purposes provided in subparagraphs 1, 6, 7 and 8 (a): <Amended on Aug. 14, 2018; Mar. 24, 2020> | 1. | Paying remedial benefits to humidifier disinfectant victims; |
| 2. | Deleted; <Mar. 24, 2020> |
| 3. | Repaying borrowings and interest; |
| 4. | Reimbursing expenses incurred in funding, managing and operating the Damage Remedy Fund; |
| 5. | Supporting victims’ organizations referred to in Article 9 (4); |
| 6. | Reimbursing expenses incurred in medical examinations and tests pursuant to Article 10 (4); |
| 7. | Reimbursing expenses incurred in demanding medical examinations and tests pursuant to Article 38; |
| 8. | In any of the following cases, the reimbursement of expenses recognized as necessary by the Minister of Environment after deliberation by the Damage Remedy Committee: |
| (a) | Where emergency medical assistance is needed for an applicant; |
| (b) | Where a significant difference exists between the compensation amount a humidifier disinfectant victim is paid from the responsible humidifier disinfectant supplier and the benefits paid to another humidifier disinfectant victim who virtually cannot be compensated because it is difficult to identify the humidifier disinfectant supplier held responsible for compensating for damage under Article 4 or the supplier has no financial means to do so; |
| (c) | Where expenses are incurred to perform the duties pursuant to this Act, as prescribed by Presidential Decree; |
| 9. | Reimbursing expenses incurred in conducting investigations and research regarding health damage caused by humidifier disinfectants. |
[Title Amended on Mar. 24, 2020]
| Article 33 (Management and Operation of Damage Remedy Fund) |
| (1) | The Minister of Environment shall manage and operate the Damage Remedy Fund as follows: <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| 1. | Depositing and placing money in trust at a financial institution or postal service agency; |
| 2. | Depositing in a treasury fund; |
| 3. | Purchasing beneficiary certificates of an investment trust or similar; |
| 4. | Purchasing securities issued directly or guaranteed by the State, a local government, or a financial institution; |
| 5. | Other methods prescribed by Presidential Decree. |
| (2) | The Minister of Environment shall apply the Korea Financial Accounting Standards to the accounting for the Damage Remedy Fund. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (3) | The Minister of Environment may partially entrust the duties related to managing and operating the Damage Remedy Fund to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereafter referred to in this Article the “Technology Institute”). <Newly Inserted on Aug. 14, 2018; Mar. 24, 2020> |
| (4) | The president of the Technology Institute shall organize and operate a Remedy Fund Management Committee to manage and operate the Damage Remedy Fund and to recognize the need for benefits and subsidies provided in subparagraphs 2 and 8 of Article 32. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (5) | The Remedy Fund Management Committee referred to in paragraph (4) shall be comprised of not more than 20 members, including one Chairperson, who have expertise and abundant experience in the relevant fields, and the Chairperson shall be elected from among and by the members. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| (6) | Deleted. <Mar. 24, 2020> |
| (7) | Except as provided in paragraphs (1) through (5), other matters relating to managing and operating the Damage Remedy Fund, such as the procedures for disbursement, establishing and operating the Remedy Fund Management Committee, and paying benefits and subsidies pursuant to Article 32 shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018; Mar. 24, 2020> |
[Title Amended on Mar. 24, 2020]
| Article 34 (Contributions to Remedy Damage Caused by Humidifier Disinfectants) |
| (1) | The Minister of Environment shall impose and collect contributions to remedy damage caused by humidifier disinfectants (hereinafter referred to as “contributions”) on and from the following persons, as prescribed by Presidential Decree, in order to secure funding for supporting the humidifier disinfectant victims under this Act. In such cases, the Minister of Environment may entrust imposition and collection of contributions to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act pursuant to Article 42 (2) (hereafter in this Article and Articles 35 and 35-2, referred to as the “Imposing and Collecting Authority”): <Amended on Mar. 24, 2020> |
| 1. | Humidifier disinfectant suppliers; |
| 2. | Raw material suppliers. |
| (2) | Notwithstanding paragraph (1), a person who fails to meet specified standards regarding the sales of humidifier disinfectants or raw materials or the capacity to pay contributions may be exempted from the obligation to pay the contribution or granted a reduction of the contribution, as prescribed by Presidential Decree. |
| Article 35 (Calculation and Payment of Contributions) |
| (1) | The total amount of contributions to be paid by humidifier disinfectant suppliers shall be 100 billion won, and the amount of a contribution payable by each humidifier disinfectant supplier shall be calculated by the following formula: |
Contribution = 100 billion won ×｛(usage ratio of humidifier disinfectant × 2.5 ＋ sales ratio of humidifier disinfectant × 1) / 3.5｝
| (2) | “Usage ratio of humidifier disinfectant” in paragraph (1) means the share of an individual humidifier disinfectant supplier among all humidifier disinfectant users confirmed through a survey of applicants for payment on environmental exposure, to identify an environment, the period of exposure to humidifier disinfectants, and the products consumed; and the timing for calculating the usage ratio of humidifier disinfectant and the detailed method of calculation shall be prescribed by Presidential Decree. <Amended on Mar. 24, 2020> |
| (3) | “Sales ratio of humidifier disinfectant” in paragraph (1) means the sales share of an individual humidifier disinfectant supplier among the total sales of humidifier disinfectants sold from 1994 to 2011, and the detailed method for calculation shall be prescribed by Presidential Decree. |
| (4) | If more than one humidifier disinfectant supplier is involved with the same humidifier disinfectant, the suppliers are jointly liable to pay the contribution, as determined by Presidential Decree, based upon the period and scale of business. |
| (5) | A raw material supplier shall pay as an additional contribution an amount equivalent to 25/100 of the contribution to be paid by the relevant humidifier disinfectant supplier. |
| (6) | If a person liable to pay a contribution fails to pay it by the payment deadline, the Minister of Environment or the head of the Imposing and Collecting Authority shall demand the person to pay it within a specified period of at least 30 days. In such cases, a late-payment penalty of up to 3/100 of the contribution in arrears shall be imposed for a period from the day after the payment deadline to the day before the payment date, and the rate of the late-payment penalty shall be prescribed by Presidential Decree. |
| (7) | If a person in receipt of demand notice pursuant to paragraph (6) fails to pay his or her or its contribution and late-payment penalty within the specified period, such contribution and late-payment penalty shall be collected in the same manner as delinquent national taxes are collected. |
| (8) | Matters necessary for imposing and collecting contributions, such as paying them in installments, methods of collection, payment deadlines, and payment procedures, shall be prescribed by Presidential Decree. |
| Article 35-2 (Additional Collection of Contributions) |
| (1) | Where the Minister of Environment deems it inevitable to additionally raise the Damage Remedy Fund due to the shortage of funds necessary for the payment of remedial benefits, caused by the increase in the number of humidifier disinfectant victims, the need for long-term remedy, etc., the Minister may impose and collect an additional contribution (hereinafter referred to as "additional contribution") from the persons under the subparagraphs of Article 34 (1). In such cases, the Minister of Environment may entrust the imposition and collection thereof to an imposition and collection agency. |
| (2) | The imposition and collection of additional contributions may be permitted only where at least 75/100 of the contributions imposed and collected under Articles 34 and 35 are used. |
| (3) | A determination as to whether to collect additional contributions or on the amount of the additional contributions shall be made by the Minister of Environment after deliberation and resolution by the Remedy Fund Management Committee referred to in Article 33 (4), in consideration of the details of the use of the past contributions, the size of contributions required in the future, etc. In such cases, the total amount of the additional contributions shall not exceed the total amount of the contributions imposed and collected under Articles 34 and 35. |
| (4) | Where the Remedy Fund Management Committee deliberates and decides on whether to collect additional contributions, etc. pursuant to paragraph (3), it shall give the persons referred to in the subparagraphs of Article 34 (1) an opportunity to state their opinions. |
| (5) | Articles 34 (2) and 35 shall apply mutatis mutandis to the imposition, collection, calculation, payment, etc. of additional contributions. In such cases, "contribution" shall be construed as "additional contribution," and "100 billion won" as "amount determined by the Minister of Environment pursuant to Article 35-2 (3)". |
[This Article Newly Inserted on Mar. 24, 2020]
| Article 36 (Filing Objections) |
| (1) | Any of the persons referred to in the subparagraphs of Article 34 (1) who has an objection to the imposition of contributions or additional contributions, may file an objection with the Minister of Environment within 30 days from the date he or she receives a notice on the payment of the contributions or additional contributions. <Amended on Mar. 24, 2020> |
| (2) | Upon receipt of an objection filed under paragraph (1), the Minister of Environment shall make a determination as to the objection within 30 days from the date of receiving the objection and give notice to the applicant of the determination. |
Chapter IV SUPPLEMENTARY PROVISIONS
| Article 37 (Inspections and Reporting) |
| (1) | Where necessary for performing the duties provided in this Act, the Minister of Environment may request a humidifier disinfectant supplier, a raw material supplier, a humidifier disinfectant victim or his or her bereaved family member, or the head of a relevant administrative agency or a relevant institution, corporation, or organization prescribed by Presidential Decree (hereafter in this Article referred to as “supplier, etc.”) to perform, or direct his or her employees to perform, each of the following: |
| 1. | Submitting materials, goods, and opinions necessary for performing the duties provided in this Act; |
| 2. | Inspecting materials, goods, facilities, and related parties necessary for performing the duties provided in this Act. |
| (2) | To conduct an inspection pursuant to paragraph (1) 2, the relevant public official shall carry identification indicating his or her authority and produce it to interested persons. |
| (3) | A supplier, etc. in receipt of a request pursuant to paragraph (1) shall comply therewith except in special circumstances. |
| (5) | An eligible beneficiary or a person formerly entitled to benefits, a humidifier disinfectant supplier, or a raw material supplier shall report to the Minister of Environment on any matter prescribed by Presidential Decree regarding changes in the entitlement, within one month of the change. |
| Article 38 (Demand for Medical Examination) |
Where necessary for making a determination under this Act, the Minister of Environment may demand that a humidifier disinfectant victim or an applicant for payment undergo a medical examination, test, or checkup at an institution determined by the Minister of Environment, as prescribed by Presidential Decree. <Amended on Mar. 24, 2020>
| Article 39 (Temporary Suspension of Remedial Benefits) |
| (1) | The Minister of Environment may temporarily suspend payment of remedial benefits if a beneficiary of remedial benefits falls under any of the following: |
| 1. | Where the beneficiary fails to report under Article 37 (5) or (6); |
| 2. | Where the beneficiary fails to comply with a demand made under Article 38; |
| 3. | Other matters prescribed by Presidential Decree. |
| (2) | The kinds of remedial benefits subject to temporary suspension under paragraph (1) and the period of, and the procedure for, such temporary suspension shall be prescribed by Presidential Decree. |
| Article 40 (Establishment and Operation of Comprehensive Support Center for Humidifier Disinfectant Victims) |
| (1) | The Government shall establish and operate a Comprehensive Support Center for Humidifier Disinfectant Victims to provide support for humidifier disinfectant victims under the control of the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act. <Amended on Aug. 14, 2018> |
| (2) | The Comprehensive Support Center for Humidifier Disinfectant Victims referred to in paragraph (1) shall perform the following functions: <Amended on Aug. 14, 2018> |
| 1. | Collecting and managing information on humidifier disinfectants, health damage caused by humidifier disinfectants, and humidifier disinfectant victims; |
| 2. | Identifying humidifier disinfectant victims; |
| 3. | Educating and campaigning to prevent recurrence of similar damage; |
| 4. | Establishing and operating an information system for performing duties of the Comprehensive Support Center for Humidifier Disinfectant Victims; |
| 5. | Other support for humidifier disinfectant victims, as prescribed by Presidential Decree. |
| (3) | In order to professionally conduct investigation, research, etc. on health damage caused by humidifier disinfectants, the Minister of the Environment may designate and operate national or public research institutes, schools defined in Article 2 of the Higher Education Act, or any other institutions prescribed by Ordinance of the Ministry of Environment including hospitals as a humidifier disinfectants health center. <Newly Inserted on Aug. 14, 2018> |
| (4) | A humidifier disinfectants health center referred to in paragraph (3) shall perform the following functions: <Amended on Aug. 14, 2018> |
| 1. | Monitoring the health of humidifier disinfectant victims and other persons prescribed by Presidential Decree; |
| 2. | Providing medical consultation and support for humidifier disinfectant victims; |
| 3. | Researching and studying into effects of humidifier disinfectants and toxic chemical substances on health; |
| 4. | Studying into treatment and nursing of health damage caused by humidifier disinfectants, and rehabilitation therapy thereof; |
| 5. | Researching and studying into other health damage caused by humidifier disinfectants prescribed by Presidential Decree. |
| (5) | Matters necessary for establishing, operating, etc. the Comprehensive Support Center for Humidifier Disinfectant Victims referred to in paragraph (1) and a humidifier disinfectants health center referred to in paragraph (3) shall be prescribed by Presidential Decree. <Amended on Aug. 14, 2018> |
[Title Amended on Aug. 14, 2018]
| Article 41 (Special Rule for Extinctive Prescription) |
| (1) | Notwithstanding Article 766 (1) of the Civil Act, the right to claim compensation for health damage caused by a humidifier disinfectant shall be extinguished by completion of prescription unless exercised within 10 years from the date on which a victim of the humidifier disinfectant or his or her bereaved family member or legal representative becomes aware of the damage and of the person liable to compensate for damage pursuant to Article 4. <Amended on Mar. 24, 2020> |
| (2) | Notwithstanding Article 766 (2) of the Civil Act, the right to claim compensation for health damage caused by a humidifier disinfectant shall be extinguished by completion of prescription unless exercised within 30 years from the date the damage occurs. <Amended on Aug. 14, 2018> |
| Article 42 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may partially delegate his or her authority provided in this Act to the head of his or her affiliated agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may partially entrust his or her authority provided in this Act to the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act and the Environmental Health Center designated pursuant to Article 26 of the Environmental Health Act, as prescribed by Presidential Decree. |
| Article 43 (Persons Deemed to Be Public Officials for Purposes of Penalty Provisions) |
Members of the Committee on Remedying Damage, the special committee for examination and determination, the special committee for reexamination, the Remedy Fund Management Committee, and expert committees referred to in Articles 7 (5) shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended on Aug. 14, 2018; Mar. 24, 2020>
| Article 44 (Duty to Maintain Confidentiality) |
No person who serves, or has served, as any of the following shall divulge any confidential information he or she becomes aware of in the course of performing his or her duties: <Amended on Aug. 14, 2018; Mar. 24, 2020>
| 1. | A member of the Committee on Remedying Damage, the special committee for examination and determination, the special committee for reexamination, the Remedy Fund Management Committee, or expert committees referred to in Articles 7 (5) and 33 (5); |
| 2. | An employee of an institution entrusted with authority pursuant to Article 42. |
CHAPTER V PENALTY PROVISIONS
| Article 45 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than two years, or by a fine not exceeding 20 million won: <Amended on Act No. 15717, Aug. 14, 2018; Mar. 24, 2020> |
| 1. | A person who obtains any remedial benefit by fraud or other illegal means; |
| 2. | A person who receives the assistance prescribed in subparagraph 8 of Article 32 by fraud or other improper means; |
| 3. | A person who divulges any confidential information he or she has become aware of in the course of performing his or her duties, in violation of Article 44. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year, or by a fine not exceeding 10 million won: <Amended on Aug. 14, 2018; Mar. 24, 2020> |
| 1. | A person who divulges or provides information or data to any third person or misappropriates it, in violation of Articles 6 (6) (including cases applied mutatis mutandis under Article 9-2 (4)) and 6-2 (6); |
| 2. | A person who submits any false material, goods, or opinion in relation to a request or an inspection pursuant to Article 37 (1); |
| 3. | A person who fails or refuses to comply with a request or an inspection without good cause, in violation of Article 37 (3); |
| 4. | A person who fails or refuses to provide personal information without good cause, in violation of Article 37 (4). |
| Article 46 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or other servant of a corporation or an individual commits any offense provided in Article 45 (2) in the course of performing the duties of the corporation or the individual, not only shall the offender be punished accordingly, but the corporation or individual also shall be punished by a fine prescribed in said provision: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
| Article 47 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to report, or falsely reports, in violation of Article 37 (5); |
| 2. | A person who fails to report, or falsely reports in violation of Article 37 (6). |
| (2) | A person who fails to comply with an order to provide or allow perusal of information issued under Article 6 (5) (including cases applied mutatis mutandis under Article 9-2 (4)) may be subject to an administrative fine not exceeding one hundred million won per year depending on the number of days during which the person fails to comply with the order, as prescribed by Presidential Decree. <Amended on Aug. 14, 2018> |
ADDENDA <Act No. 14566, Feb. 8, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 37 (1) through (4), 45 (2) 2 through 4, and 46 (except violations of Article 45 (2) 1) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures)
| (1) | Any application, request, determination, payment, support, or recognition pursuant to Article 20 of the Environmental Health Act before this Act enters into force shall be deemed an application, request, determination, payment, support, or recognition pursuant to this Act. |
| (2) | When applying the period for processing the work under this Act for any application, request, determination, payment, support, or recognition pursuant to paragraph (1), the date this Act enters into force may be deemed the date from which the period for processing the work runs. |
| (3) | If a victim of humidifier disinfectant receiving the support pursuant to Article 20 (1) of the Environmental Health Act before this Act enters into force falls under any of the items of subparagraph 1 of Article 32, the Minister of Environment may pay the victim a remedial benefit in lieu of the benefit provided in subparagraph 1 of Article 32 for the remainder of the term of validity recognized pursuant to paragraph (1). |
ADDENDUM <Act No. 15717, Aug. 14, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17102, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 41 (1) shall enter into force on the date of its promulgation. Article 2 (Applicability to Prescription regarding Right to Claim for Damages)
The amended provisions of Article 41 (1) shall also apply to the right to claim for damages not extinguished by prescription as at the time this Act enters into force. Article 3 (Transitional Measures regarding Special Remedy Account)
Assets, claims and obligations, and other rights and duties held by the previous Special Remedy Account as at the time this Act enters into force shall be succeeded to the Damage Remedy Fund pursuant to the amended provisions of Article 32. Article 4 (Transitional Measures regarding Humidifier Disinfectant Victims)
Humidifier disinfectant victims prescribed in the previous subparagraph 4 (a) and (b) of Article 2 as at the time this Act enters into force shall be deemed determined eligible for remedial benefits pursuant to the amended provisions of Article 10 (2). Article 5 (Transitional Measures regarding Benefits and Amounts Paid from Special Remedy Account)
The benefits or amounts paid to humidifier disinfectant victims under the previous subparagraph 4 of Article 2 from the Special Remedy Account pursuant to the previous Article 32 as at the time this Act enters into force shall be deemed remedial benefits paid pursuant to this Act.