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ENFORCEMENT DECREE OF THE SPECIAL ACT ON REMEDY FOR DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS

Presidential Decree No. 28239, Aug. 9, 2017

Amended by Presidential Decree No. 29950, Jul. 2, 2019

Presidential Decree No. 30221, Dec. 3, 2019

Presidential Decree No. 30683, May 19, 2020

Presidential Decree No. 31027, Sep. 22, 2020

Presidential Decree No. 31453, Feb. 17, 2021

Presidential Decree No. 32843, Aug. 2, 2022

CHAPTER I GENERAL PROVISIONS
 Article 1 (Purpose)
The purpose of this Decree is to provide for matters mandated by the Special Act on Remedy for Damage Caused by Humidifier Disinfectants and matters necessary for enforcing said Act.
 Article 2 (Verification of Epidemiological Correlation)
(1) "Any survey or research determined by Presidential Decrees" in subparagraph 3 of Article 5 of the Special Act on Remedy for Damage Caused by Humidifier Disinfectants (hereinafter referred to as the "Act") means the any of the following surveys and research directly conducted by the Minister of Environment or by a specialized research institution (referring to an institution recognized by the Minister of Environment as having expertise in the survey and research on health damage caused by humidifier disinfectants, such as the humidifier disinfectants health centers referred to in Article 40 (3) of the Act):
1. Epidemiological investigations;
2. Health monitoring;
3. Survey and research on the epidemiological correlation between exposure to humidifier disinfectants and the outbreak of diseases, such as cohort investigation and research on toxicity.
(2) Where the Minister of Environment directly conducts the survey and research referred to in paragraph (1), he or she shall disclose the findings thereof.
[This Article Wholly Amended on Sep. 22, 2020]
 Article 3 (Procedures and Methods for Requesting Information)
(1) Where a victim of humidifier disinfectant or a humidifier disinfectant supplier intends to request information in accordance with Article 6 (1) or (2) of the Act, the victim shall file a written request with the relevant humidifier disinfectant supplier or raw material supplier, as prescribed by Ordinance of the Ministry of Environment.
(2) Upon receipt of a request for information pursuant to paragraph (1), the humidifier disinfectant supplier or raw material supplier shall notify in writing the relevant requester of the determination as to the request, as prescribed by Ordinance of the Ministry of Environment, within 14 days from the date of receiving the request. In such cases, if the humidifier disinfectant supplier or raw material supplier is to provide such information by means of perusal, he or she shall fix the date, time, and venue for perusal and give notice thereof to the relevant requester by not later than 3 days before the date for perusal.
(3) Notwithstanding paragraph (2), a humidifier disinfectant supplier or raw material supplier in receipt of a request for information pursuant to paragraph (1) may extend the period specified under paragraph (2) once by up to 14 days if just cause exists for such extension. In such cases, the humidifier disinfectant supplier or raw material supplier shall give notice to the requester of the ground for extension and the extended period within 14 days from the date of receiving the request.
 Article 4 (Requests for Orders to Provide or Allow Perusal of Information)
(1) To request an order to provide or allow perusal of information pursuant to Article 6 (4) of the Act [including cases applied mutatis mutandis under Article 9-2 (4) of the Act. In such cases, the “victim of humidifier disinfectant or humidifier disinfectant supplier” shall be deemed an organization that is issued a certificate of reporting after filing a report pursuant to Article 9-2 (1) of the Act (hereinafter referred to as “organization of verified sufferers from exposure”)], the victim of humidifier disinfectant or the humidifier disinfectant supplier shall file a written request with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 12, 2019>
(2) Upon receipt of a request for an order to provide or allow perusal of information pursuant to paragraph (1), the Minister of Environment shall determine whether to issue an order to provide or allow perusal of information within 30 days from the date of receiving the request and the scope and method of provision or perusal, and then give notice to the requester of the determination, as prescribed by Ordinance of the Ministry of Environment.
(3) Notwithstanding paragraph (2), the Minister of Environment may extend the notification period once by up to 30 days if just cause exists for such extension, including on-site inspections or opinion collection. In such cases, the Minister of Environment shall give notice to the requester of the ground for extension and the extended period within 10 days from the date of receiving the request.
CHAPTER II COMMITTEE ON REMEDYING DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
 Article 5 (Organization of Committee on Remedying Damage)
(1) “The head of a central administrative agency prescribed by Presidential Decree” in Article 7 (3) 1 of the Act means the heads of the following central administrative agencies: <Amended on Sep. 22, 2020>
1. The Minister of Health and Welfare;
2. The Minister of Environment;
3. Other heads of central administrative agencies requested by the Committee on Remedying Damage under Article 7 (1) of the Act (hereinafter referred to as the "Committee on Remedying Damage") for participation.
(2) “Head of an institution, a corporation, or an organization prescribed by Presidential Decree” in Article 7 (3) 2 of the Act means the President of the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the “Korea Environmental Industry and Technology Institute”). <Amended on Feb. 12, 2019>
(3) The term of office for a member of the Committee prescribed in Article 7 (3) 3 through 5 of the Act shall be two years, and may be appointed consecutively for only two terms. <Amended on Sep. 22, 2020>
 Article 6 (Withdrawal of Commission or Designation of Members of Committee on Remedying Damage)
The Minister of Environment may withdraw the commission or designation of a member of the Committee on Remedying Damage if the member falls under any of the following:
1. Where the member becomes unable to perform his or her duties due to any mental or physical disability;
2. Where the member engages in misconduct in relation to his or her duties;
3. Where the member is deemed unfit to serve as a member of the Committee on Remedying Damage on grounds of neglecting duty, losing dignity or similar;
4. Where the member fails to voluntarily refrain from participating in deliberation and resolution even though he or she falls under any of the subparagraphs of Article 8 (1);
5. Where the member voluntarily manifests his or her unsuitability to perform his or her duties.
 Article 7 (Grounds for Disqualification of Members of Committee on Remedying Damage)
None of the following persons can become a member of the Committee on Remedying Damage: <Amended on Dec. 3, 2019>
1. A person under adult guardianship;
2. A person in whose case five years have not passed since his or her imprisonment without labor or a heavier punishment declared by a court was completely executed or such sentence was finally and conclusively suspended;
3. A person who was issued a suspended sentence of imprisonment without labor or a heavier punishment; and for whom two years have not passed since the period of suspension expired;
4. A person who is under a suspended sentence of imprisonment without labor or a heavier punishment;
5. A person whose qualification is revoked or suspended pursuant to a court judgment or any other statutes;
6. A person who was sentenced to a fine of not less than three million won for committing a crime prescribed in Article 303 of the Criminal Act or Article 10 of the Act on Special Cases concerning the Punishment of Sexual Crimes; and for whom two years have not passed since the sentence became final and conclusive.
 Article 8 (Disqualification of, Challenge to, and Refrainment by, Members of Committee on Remedying Damage)
(1) A member of the Committee on Remedying Damage shall be disqualified from participating in deliberation and resolution by the Committee on Remedying Damage in any of the following cases:
1. Where the member or current or former spouse of such member is a party (if the party is a corporation or an organization, including its executive officers; hereafter in this subparagraph and subparagraph 2, the same shall apply) to the agenda item or is related to such party as a co-obligee or co-obligor;
2. Where the member is or was a relative of a party to the agenda item;
3. Where the member has provided advice, research, or services (including subcontracting; hereafter in this subparagraph, the same shall apply), or conducted an appraisal or examination, regarding the agenda item: Provided, That this shall exclude where such advice, research, services, appraisal, or examination is ordered or requested by a State agency or local government;
4. Where the member or the corporation or organization to which the member belongs is or was involved as an agent of a party to the agenda item.
(2) If a party finds it impracticable to expect a fair deliberation and resolution from a member of the Committee on Remedying Damage, the party may file an application with the Committee for challenging the member, and the Committee on Remedying Damage shall determine whether to challenge the member by resolution. In such cases, the member against whom an application for challenge is filed shall not participate in the resolution.
(3) If a member of the Committee on Remedying Damage finds that he or she is subject to disqualification for any grounds prescribed in any of the subparagraphs of paragraph (1), the member shall voluntarily refrain from deliberating and resolving on the agenda item.
 Article 9 (Duties of Chairperson of Committee on Remedying Damage)
(1) The chairperson of the Committee on Remedying Damage shall represent the Committee on Remedying Damage and exercise general control over its affairs.
(2) If the chairperson of the Committee on Remedying Damage is unable to perform his or her duties due to any inevitable circumstance, the member pre-designated by the chairperson shall act on behalf of the chairperson.
 Article 10 (Operation of Committee on Remedying Damage)
(1) The chairperson of the Committee on Remedying Damage shall convene and preside over Committee meetings if he or she deems necessary or upon a request by at least 1/3 of all members thereof.
(2) A majority of the members of the Committee on Remedying Damage shall constitute a quorum, and any decision thereof shall require the concurring votes of a majority of the members present
(3) Except as provided in paragraphs (1) and (2), matters necessary for operating the Committee on Remedying Damage shall be prescribed by the Minister of Environment.
 Article 11 (Executive Secretary)
(1) The Committee on Remedying Damage shall have one executive secretary to administer its clerical work.
(2) The executive secretary shall be designated by the Minister of Environment from among the public officials of the Ministry of Environment.
 Article 12 (Organization and Operation of Special Committees for Examination and Determination)
(1) The special committee for examination and determination to be established under the Committee on Remedying Damage pursuant to Article 7 (5) of the Act (hereinafter referred to as "the special committee for examination and determination) shall be comprised of not more than 50 members, including one chairperson. <Amended on Feb. 12, 2019; Sep. 22, 2020>
(2) Deleted. <Feb. 12, 2019>
(3) The chairperson of the special committee for examination and determination shall be appointed by the Minister of Environment from among the members of the committee. <Amended on Sep. 22, 2020>
(4) Members of each special committee for examination and determination shall be designated or commissioned by the Minister of Environment in consideration of gender balance, from among the following persons:
1. A member of the Committee on Remedying Damage;
2. A medical specialist in a medical field related to health damage caused by humidifier disinfectants, such as radiology, pulmonology, preventive medicine, pathology, or occupational medicine;
3. A person with abundant academic knowledge and experience in environmental health or toxicology, who has worked for at least one year at a school defined in Article 2 of the Higher Education Act, a research institute, or a public institution referred to in subparagraph 3 of Article 2 of the Official Information Disclosure Act;
4. A person who has worked as a judge, a public prosecutor, or an attorney-at-law for at least five years.
(5) The term of office of a member (excluding a member referred to in Article 7 (3) 1 or 2 of the Act among those referred to in paragraph (4) 1) of each special committee for examination and determination shall be two years, renewable only twice.
(6) The chairperson of the Committee on Remedying Damage may request the special committee for examination and determination to review the following matters pursuant to Article 7 (5) of the Act, and the chairperson of the special committee for examination and determination so requested shall report findings of the review to the Committee on Remedying Damage: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. Matters concerning decision on whether to pay remedial benefits and grades of injury under Article 10 (2) of the Act;
2. Matters concerning revocation of determination on eligibility for remedial benefits, renewal of term of validity, and change of the grade of injury, etc. under Article 11 (3) of the Act;
2-2. Matters concerning the cause of death of victims of humidifier disinfectants, which are related to the payment of funeral expenses under Article 15 of the Act and payment of remedial benefit adjustments under Article 20 of the Act;
3. Matters concerning special recognition as a bereaved family member pursuant to Article 19 of the Act;
4. Deleted. <Sep. 22, 2020>
(7) Except as provided in paragraphs (1) through (6), matters necessary for the composition, operation, etc. of the specialized committee for examination and determination shall be determined by the Minister of Environment. <Amended on Sep. 22, 2020>
[Title Amended on Feb. 12, 2019]
 Article 12-2 (Composition and Operation of Special Committee for Re-Examination)
(1) A special committee for re-examination to be established in the Committee on Remedying Damage (hereinafter referred to as the “special committee for re-examination”) under Article 7 (5) of the Act shall be comprised of not more than 30 members, including one chairperson.
(2) The chairperson of the special committee for re-examination shall be appointed by the Minister of Environment from among the members of the committee.
(3) Article 12 (4) and (5) shall apply mutatis mutandis to the appointment, commissioning, and term of office, of the members of the special committee for re-examination. In such cases, "the special committee for examination and determination" shall be construed as "the special committee for re-examination."
(4) The chairperson of the Committee on Remedying Damage may request the special committee for re-examination to review a request for re-examination of the matters specified in any subparagraph of Article 29 (1) of the Act, pursuant to Article 7 (5) of the Act.
(5) Upon receipt of a request for the review under paragraph (4), the chairperson of the special committee for re-examination shall report the results of the review to the Committee on Remedying Damage.
(6) Except as provided in paragraphs (1) through (5), matters necessary for the composition, operation, etc. of the special committee for re-examination shall be determined by the Minister of Environment.
[This Article Newly Inserted on Sep. 22, 2020]
 Article 13 (Allowances and Travel Expenses)
Allowances and travel expenses may be paid to members, etc. who attend the meetings of the Committee on Remedying Damage, the special committee for examination and determination, or the special committee for re-examination within the budget: Provided, That this shall not apply to cases where a member who is a public official attends such meeting in direct connection with his or her duties. <Amended on Sep. 22, 2020>
 Article 14 (Victims’ Organizations)
(1) When establishing an organization in accordance with Article 9 (1) of the Act, the victims of humidifier disinfectants and their bereaved family members shall include in the organization at least five of the victims of humidifier disinfectants (including their legal representatives; hereafter in this Article, the same shall apply) or their bereaved family members, at least one of whom shall be selected as its representative. <Amended on Feb. 12, 2019>
(2) To report an organization established in accordance with paragraph (1), the victims of humidifier disinfectants and their bereaved family members shall file a report on the establishment of an organization of the victims of humidifier disinfectants with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(3) Upon receipt of a report pursuant to paragraph (2), the Minister of Environment shall issue a certificate of reporting an organization of the victims of humidifier disinfectants, as prescribed by Ordinance of the Ministry of Environment.
(4) An organization that has been issued a certificate of reporting through reporting pursuant to paragraphs (2) and (3) (hereinafter referred to as “victims’ organization”) shall file a report on change of its representative, if any, with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
 Article 14-2 (Subsidizing Projects of Victims’ Organizations)
(1) “Projects prescribed by Presidential Decree” in Article 9 (4) of the Act means each of the following:
1. Memorial projects related to damage caused by humidifier disinfectants;
2. Investigation and research projects related to damage caused by humidifier disinfectants;
3. Other projects on activities representing the interests of victims of humidifier disinfectants.
(2) Notwithstanding paragraph (1), the following projects are not eligible for subsidization:
1. A project for which any other victims’ organization is subsidized or is determined to be subsidized pursuant to Article 9 (4) of the Act;
2. A project performed or to be performed by the State (including the Comprehensive Support Center for Victims of Humidifier Disinfectants under Article 40 (1) of the Act and a humidifier disinfectants health center under paragraph (3) of that Article).
(3) A victims’ organization that intends to receive subsidies under Article 9 (4) of the Act shall file an application for subsidization with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(4) If an application filed pursuant to paragraph (3) is incomplete, the Minister of Environment may request the relevant applicant to supplement it.
(5) Upon receipt of an application under paragraph (3), the Minister of Environment shall make a decision on whether to grant subsidies, and the amount of such subsidy, and others, after deliberation by the Remedy Fund Management Committee under Article 33 (4) of the Act (hereinafter referred to as the “Remedy Fund Management Committee”), and then give a written notice to the applicant of the decision results within 60 days (not including the period required for supplementation under paragraph (4)) from the date of receipt of the application: Provided, That where there is an unavoidable cause, the period for decision may be extended only once by up to 30 days. <Amended on Sep. 22, 2020>
(6) Upon receipt of subsidy under Article 9 (4) of the Act, the victims’ organization shall submit to the Minister of Environment a project report, including the outcome of the project and a detailed statement of subsidy expenditures, within 30 days after the project ends.
(7) The Minister of Environment may recover the amount subsidized (referring to the amount used fraudulently, in the case of subparagraph 2) if the victims’ organization subsidized under Article 9 (4) of the Act falls under any of the following:
1. Where it fails to perform the project within the period specified in the project plan;
2. Where it uses the subsidy fraudulently.
[This Article Newly Inserted on Feb. 12, 2019]
 Article 14-3 (Organizations of Verified Sufferers from Exposure)
(1) When establishing an organization in accordance with Article 9-2 (1) of the Act, verified sufferers from exposure to humidifier disinfectants shall include in the organization at least five of the verified sufferers from exposure to humidifier disinfectants (including their legal representatives; hereafter in this Article, the same shall apply), at least one of whom shall be selected as its representative.
(2) Article 14 (2) through (4) shall apply mutatis mutandis to a report on the establishment of an organization under Article 9-2 (1) of the Act, the issuance of a certificate of reporting, and a report on change. In such cases, “victims of humidifier disinfectants” shall be construed as “verified sufferers from exposure to humidifier disinfectants”, and “victims’ organization” as “organization of verified sufferers from exposure.”
(3) Article 3 (1) through (3) shall apply mutatis mutandis to the procedures and methods for an organization of verified sufferers from exposure to request information under Article 9-2 (3) of the Act. In such cases, “victims of humidifier disinfectants or humidifier disinfectant supplier” shall be construed as “organization of verified sufferers from exposure.”
[This Article Newly Inserted on Feb. 12, 2019]
 Article 15 (Application for Payment of Remedial Benefits)
(1) A person who intends to receive benefits payable to the victims of humidifier disinfectants or their bereaved family members pursuant to Article 10 (1) of the Act (hereinafter referred to as "remedial benefits") shall submit a written application for payment of remedial benefits and attached documents to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Sep. 22, 2020>
(2) Upon receipt of an application pursuant to paragraph (1), the Minister of Environment shall verify a certified copy of the applicant's household register and family relation certificate through administrative data matching prescribed in Article 36 (1) of the Electronic Government Act, and if the applicant does not consent to the verification of the documents, the Minister of Environment shall require the applicant to attach the relevant documents: <Amended on Sep. 22, 2020>
(3) The Minister of Environment shall issue a certificate of victim of health damage caused by humidifier disinfectants to a victim who files a written application under paragraph (1) (hereinafter referred to as “applicant for payment”) and receives a decision as to whether or not to pay remedial benefits under Article 10 (2) of the Act, as prescribed by Ordinance of the Ministry of Environment. <Amended on Sep. 22, 2020>
(4) The Minister of Environment may designate and publicly notify medical institutions to help identify damage suffered by applicants for payment and similar matters. <Newly Inserted on Feb. 12, 2019; Sep. 22, 2020>
(5) Except as provided in paragraphs (1) through (4), matters necessary to apply for payment of remedial benefits shall be prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 12, 2019; Sep. 22, 2020>
[Title Amended on Sep. 22, 2020]
 Article 16 (Reimbursement of Expenses Incurred in Medical Examinations and Tests)
(1) “Low-income persons prescribed by Presidential Decree” in Article 10 (4) of the Act means the applicants for payment whose household income does not exceed 50/100 of the standard median income defined in subparagraph 11 of Article 2 of the National Basic Living Security Act. <Amended on Feb. 12, 2019; Sep. 22, 2020>
(2) Matters necessary for applying for the reimbursement of expenses pursuant to Article 10 (4) of the Act shall be prescribed by Ordinance of the Ministry of Environment.
[Moved from Article 17; previous Article 16 moved to Article 17 <Feb. 12, 2019>]
 Article 17 (Criteria for Determining Eligibility for Remedial Benefits and Grades of Injury)
(1) The criteria for determining eligibility for remedial benefits and grades of injury under Article 10 (5) of the Act shall be as specified in attached Table 1. <Amended on Feb. 12, 2019; Sep. 22, 2020>
(2) When the Minister of Environment formulates the criteria for determining eligibility for remedial benefits and the grades of injury pursuant to Article 10 (5) of the Act or reviews the medical fitness and feasibility of such criteria pursuant to paragraph (6) of that Article, the Minister shall consider the following matters: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. Records of the health monitoring referred to in Article 40 (4) 1 of the Act or the medical consultation and support referred to in subparagraph 2 of that paragraph;
2. Related test or research data that may affect the criteria for determining eligibility for remedial benefits;
3. Details of professional reviews by the special committee for examination and determination and the special committee for re-examination pursuant to Article 7 (5) of the Act;
4. Materials submitted by the victims’ associations to the Minister of Environment relating to the determination on eligibility for remedial benefits.
[Title Amended on Sep. 22, 2020]
[Moved from Article 16; previous Article 17 moved to Article 16 <Feb. 12, 2019>]
 Article 17-2 (Request for Payment of Remedial Benefits)
Any person who intends to be paid remedial benefits pursuant to Article 10 (7) of the Act shall file an application for remedial benefits and attached documents with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
[This Article Newly Inserted on Sep. 22, 2020]
 Article 18 (Term of Validity of Determination on Eligibility of Remedial Benefits)
(1) The term of validity of the determination on eligibility for remedial benefits under Article 11 (1) of the Act (hereinafter referred to as "term of validity") shall be 10 years. <Amended on Sep. 22, 2020>
(2) A victim of humidifier disinfectants who intends to apply for the renewal of the term of validity pursuant to Article 11 (2) of the Act shall submit an application for the renewal of the term of validity to the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. <Amended on Feb. 12, 2019; Sep. 22, 2020>
(3) The Minister of Environment shall determine whether to renew the term of validity within 60 days from the date of receiving an application filed pursuant to paragraph (2); and, if the application filed pursuant to paragraph (2) is incomplete, the Minister of Environment may request the relevant applicant to supplement it in writing, stating the items to be supplemented and the period for supplementation. In such cases, the period for supplementation shall be excluded from the period for determining whether to renew the term of validity. <Amended on Feb. 12, 2019>
(4) Where a term of validity is renewed in accordance with Article 11 (3) of the Act, the amount of remedial benefits, etc. payable to the victim of humidifier disinfectant shall be the same as before the renewal: Provided, That when the grade of injury is changed, the amount of remedial benefits shall be adjusted and paid according to the changed grade, from the month following the month in which the date of renewing the term of validity falls.
[Title Amended on Sep. 22, 2020]
 Article 19 (Medical Care Benefits and Allowances for Medical Care and Living Costs)
(1) The amounts of medical care benefits prescribed in Article 13 (1) of the Act and allowances for medical care and living costs prescribed in Article 14 (1) of the Act shall be as specified in attached Table 2, respectively.
(2) Items that may be covered by medical care benefits among the non-benefit items specified in Article 41 (4) of the National Health Insurance Act in accordance with Article 13 (3) of the Act shall be as follows: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. Costs of non-benefit items paid by the victims of humidifier disinfectants to the health care institutions referred to in Article 42 of the National Health Insurance Act (hereafter in this paragraph referred to as “health care institutions”) for treating health damage caused by humidifier disinfectants: Provided, That such costs shall exclude the expenses incurred in using upper-grade wards determined and publicly notified by the Minister of Environment;
2. The purchasing costs and rental fees for the following devices paid by the victims of humidifier disinfectants to the institutions other than the health care institutions for the purpose of treating or mitigating health damage caused by humidifier disinfectants: Provided, That where the rental fees for the following devices can be covered fully or partially by the health care costs under Article 49 of the National Health Insurance Act or the insurance benefits under Article 51 (1) of that Act, the purchasing costs for the relevant devices shall be excluded, and only the costs borne by the victims of humidifier disinfectants out of the rental fees may be covered by the medical care benefits:
(a) A medical ventilator;
(b) An oxygenator;
(c) An aspirator;
(d) Other medical equipment and medical consumables determined and publicly notified by the Minister of Environment.
 Article 20 (Funeral Expenses)
(1) Funeral expenses prescribed in Article 15 (1) of the Act shall be an amount equivalent to 897/1,000 of the standard median income (referring to the standard median income of two-person households; hereafter in this Article, the same shall apply) defined in subparagraph 11 of Article 2 of the National Basic Living Security Act.
(2) The standard median income referred to in paragraph (1) shall be the standard median income for the year in which an application for funeral expenses is filed.
 Article 21 (Nursing expenses)
Nursing expenses prescribed in Article 16 (1) of the Act shall be as specified in attached Table 3.
 Article 21-2 (Criteria for Payment of Disability Benefits)
(1) The criteria for payment of disability benefits under Article 16-2 (2) of the Act shall be as specified in attached Table 4.
(2) Disability benefits under paragraph (1) shall be paid in a lump sum.
[This Article Newly Inserted on Sep. 22, 2020]
 Article 22 (Special Condolence Money for Bereaved Family Members)
(1) Special condolence money for bereaved family members prescribed in Article 17 (1) of the Act shall be an amount equivalent to 3,800/100 of the funeral expenses provided for in Article 20 (1). <Amended on Sep. 22, 2020>
(2) Notwithstanding paragraph (1), if an amount provided in Article 13 (2) and (3) of the Act out of the medical expenses borne by any person referred to in the subparagraphs of Article 17 (1) of the Act exceeds the amount provided in paragraph (1), the difference may be paid additionally.
 Article 23 (Applying for Special Recognition as Bereaved Family Members)
(1) "Documents stating ... matters prescribed by Presidential Decree" in the former part of Article 19 (1) of the Act means the following documents:
1. A document substantiating that the applicant is a bereaved family member of the deceased;
2. A document substantiating that health damage caused by humidifier disinfectant is the cause of death;
3. Other documents prescribed by Ordinance of the Ministry of Environment as necessary for special recognition as bereaved family members.
(2) A person who intends to obtain recognition from the Minister of Environment pursuant to Article 19 (1) of the Act (hereinafter referred to as "special recognition as a bereaved family member") shall submit a written application for special recognition as a bereaved family member to the Minister of Environment, along with the documents attached thereto that are specified in paragraph (1), as prescribed by Ordinance of the Ministry of Environment.
(3) Where the Minister of Environment receives a written application prescribed in paragraph (2), he or she shall verify a certified copy of individual register and the family relation certificate through administrative data matching prescribed in Article 36 (1) of the Electronic Government Act, and if the applicant does not consent to the verification, the Minister of Environment shall require the applicant to attach the relevant documents.
[This Article Wholly Amended on Sep. 22, 2020]
 Article 24 Deleted. <Sep. 22, 2020>
 Article 25 (Procedures for Payment of Remedial Benefits)
(1) To pay remedial benefits pursuant to Article 22 (1) of the Act, the Minister of Environment shall transfer the remedial benefits to a deposit account (referring to a deposit account specified by the Minister of Environment, such as a deposit account opened with a postal service agency pursuant to the Postal Savings and Insurance Act or with a bank pursuant to the Banking Act) designated by the person entitled to the remedial benefits: Provided, That when any inevitable circumstance arises that prevents transfer of the remedial benefits to the relevant deposit account, payments may be made in the manner prescribed by the Minister of Environment. <Amended on Feb. 12, 2019>
(2) A person who intends to apply for the adjustment of remedial benefits pursuant to Article 22 (2) of the Act shall submit to the Minister of Environment an application for an adjustment of remedial benefits prescribed by Ordinance of the Ministry of Environment, along with materials substantiating the grounds for such application for adjustment of remedial benefits (excluding any materials submitted when applying for payment of remedial benefits pursuant to Article 15 (1)). <Newly Inserted on Feb. 12, 2019; Sep. 22, 2020>
(3) The Minister of Environment shall give written notice to the applicant of the result of adjustment within 60 days from the date of receiving an application pursuant to paragraph (2): Provided, That the period for adjustment may be extended only once by up to 30 days if it is difficult to complete adjustment within the aforesaid period due to any unavoidable cause. <Newly Inserted on Feb. 12, 2019>
(4) If an application filed under paragraph (2) needs supplementation, the Minister of Environment may request the applicant to supplement it in writing or by electronic means, specifying the items to be supplemented and the period for supplementation. In such cases, the period for supplementation shall be excluded from the period for adjustment specified in paragraph (3). <Newly Inserted on Feb. 12, 2019; Sep. 22, 2020>
[Title Amended on Feb. 12, 2019]
 Article 26 (Restrictions on Payment of Medical Care Benefits)
(1) Where the Minister of Environment intends to determine to discontinue payment of medical care benefits, allowances for medical care and living costs, or nursing expenses (hereinafter referred to as “medical care benefits, etc.”) to the victims of humidifier disinfectants pursuant to Article 24 (1) of the Act, the Minister of Environment may send a written request to the victims of humidifier disinfectants to make corrections within a specified period not exceeding 30 days. <Amended on Feb. 12, 2019; Sep. 22, 2020>
(2) If a victim of humidifier disinfectant fails to make a correction within the period specified under paragraph (1), the Minister of Environment may fully or partially discontinue payment of medical care benefits, etc.
(3) If a victim of humidifier disinfectant makes a correction as requested under paragraph (1) though payment of medical care benefits, etc. has been fully or partially discontinued under paragraph (2), the Minister of Environment may resume payment of medical care benefits, etc. In such cases, the medical care benefits from the day following the expiration of the period for making a correction pursuant to paragraph (1), to the day preceding the date of the correction shall not be paid, and allowances for medical care and living costs and nursing expenses shall be paid after making a deduction on a daily basis. <Amended on Jul. 2, 2019>
 Article 27 (Relationship to Other Compensation or Reparation)
(1) “Amount ... converted by the method prescribed by Presidential Decree” in Article 25 (1) of the Act means an amount converted to the current value by reflecting the consumer price index publicly notified by the Commissioner of Statistics Korea each year pursuant to Article 3 of the Statistics Act. In such cases, if money or goods amounting to the remedial benefits are medical care services, the amount of such benefits refers to the amount of expenses incurred in receiving such services, which is converted to the current value. <Amended on Sep. 22, 2020>
(2) "Amount prescribed by Presidential Decree" in Article 25 (2) of the Act means the amount (limited to the amount paid with government contributions) equivalent to medical care benefits among remedial benefits offered under this Act. <Newly Inserted on Sep. 22, 2020>
[Title Amended on Sep. 22, 2020]
 Article 28 (Recovery of Unjust Gains)
(1) If a person is discovered to have obtained any unjust gain as prescribed in the subparagraphs of Article 26 (1) of the Act, the Minister of Environment shall give written notice to the person who has obtained such unjust remedial benefit, specifying such fact and amount of the unjust gain, the deadline for return, the account to which it is to be paid, and the method for filing an objection.
(2) If a person in receipt of written notice given under paragraph (1) fails to return the unjust gain by the deadline for return, the Minister of Environment shall demand the person to pay it within a specified period not exceeding 30 days.
 Article 29 (Requests for Reexamination)
(1) A person who intends to request reexamination in accordance with Article 29 of the Act shall file a written application with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment.
(2) If an application filed pursuant to paragraph (1) is incomplete, the Minister of Environment may request the relevant applicant to supplement it in writing, stating the items to be supplemented and the period for supplementation. <Amended on Feb. 12, 2019>
(3) Upon determining as to a request for reexamination in accordance with the main clause of Article 30 (1) of the Act, the Minister of Environment shall give written notice of the determination to the person who has made the request without delay, including the following: <Amended on Feb. 12, 2019>
1. The items requested to be reexamined;
2. The name and address of the person who has made the request for reexamination;
3. The details of and ground for the determination;
4. The date of the determination.
CHAPTER III SPECIAL REMEDY ACCOUNT FOR DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
 Article 30 (Management and Operation of Special Remedy Account for Damage Caused by Humidifier Disinfectants)
(1) The Minister of Environment shall entrust the President of the Korea Environmental Industry and Technology Institute with the following duties related to the management and operation of the Remedy Fund for Damage Caused by Humidifier Disinfectants prescribed in Article 31 (1) of the Act (hereinafter referred to as the “Damage Remedy Fund”), pursuant to Article 33 (3) of the Act:
1. Receipt, review, and verification of an application for the Damage Remedy Fund under subparagraph 8 of Article 32 of the Act;
2. Payment of remedial benefits, expenses, costs, and subsidies, and repayment of borrowings and interest under the subparagraphs of Article 32 of the Act;
3. Management and operation of the Damage Remedy Fund according to the methods specified in the subparagraphs of Article 33 (1) of the Act.
[This Article Wholly Amended on Sep. 22, 2020]
 Article 31 (Composition and Operation of Remedy Fund Management Committee)
(1) The members of the Remedy Fund Management Committee shall consist of the follow persons: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. A person who is nominated by the Minister of Environment from among the public officials who belong to the Ministry of Environment;
2. A person who is appointed or commissioned by the President of the Korea Environmental Industry and Technology Institute in consideration of gender balance, from among the following persons. In such cases, at least one of those recommended pursuant to paragraph (2), if any, shall be included therein:
(a) A person who takes charge of affairs relating to humidifier disinfectant damage, among the executive officers and employees of the Korea Environmental Industry and Technology Institute;
(b) A medical specialist in a medical field related to health damage caused by humidifier disinfectants, such as radiology, pulmonology, preventive medicine, pathology, or occupational medicine;
(c) A person with abundant knowledge and experience in the field of environmental health, toxicology, humanities, sociology, or insurance who has worked for at least one year at a school defined in Article 2 of the Higher Education Act, a research institute, or a public institution referred to in subparagraph 3 of Article 2 of the Official Information Disclosure Act;
(d) A person who has worked as a judge, a prosecutor, or an attorney-at-law for at least five years;
(e) A person with abundant knowledge and experience in asset management or financial management;
3. Deleted; <Feb. 12, 2019>
4. Deleted; <Feb. 12, 2019>
5. Deleted. <Feb. 12, 2019>
(2) A victims’ association, an environmental organization, a humidifier disinfectant supplier, or a raw material supplier may recommend a person specified in any item of paragraph (1) 2 as a member of the Remedy Fund Management Committee. <Amended on Feb. 12, 2019; Sep. 22, 2020>
(3) The term of office of a member referred to in items (b) through (e) of paragraph (1) 2 shall be two years, renewable only twice. <Amended on Feb. 12, 2019>
(4) Articles 6 through 11 and 13 shall apply mutatis mutandis to the withdrawal of commission or designation of members of the Remedy Fund Management Committee; grounds for disqualification; disqualification of, challenge to, and refrainment by, the members; duties of the chairperson of the Remedy Fund Management Committee; operation of the Remedy Fund Management Committee; the executive secretary; and the payment of allowances and travel expenses. In such cases, “the Committee on Remedying Damage” shall be construed as “the Remedy Fund Management Committee”; “the Minister of Environment” as “the President of the Korea Environmental Industry and Technology Institute”; “withdraw the commission or designation of a member” as “dismiss, or withdraw the commission of, the relevant member”; and “public officials of the Ministry of Environment” as “executive officers and employees of the Korea Environmental Industry and Technology Institute,” respectively. <Amended on Feb. 12, 2019; Sep. 22, 2020>
[Title Amended on Sep. 22, 2020]
 Article 32 (Determination regarding Emergency Medical Assistance)
(1) A person who intends to receive emergency medical assistance under subparagraph 8 (a) of Article 32 of the Act shall submit an application for emergency medical assistance and accompanying documents prescribed by Ordinance of the Ministry of Environment to the Minister of Environment.
(2) Upon receipt of an application under paragraph (1), the Minister of Environment shall verify the certified copy of household register and the family relation certificate through administrative data matching under Article 36 (1) of the Electronic Government Act, and if the applicant does not consent to the verification, the Minister of Environment shall require the applicant to attach the relevant document.
[This Article Wholly Amended on Sep. 22, 2020]
 Article 33 (Imposition and Collection of Contributions to Remedy Damage Caused by Humidifier Disinfectants)
(1) The Minister of Environment or the head of the institute entrusted to impose and collect contributions pursuant to the latter part of Article 34 (1) of the Act (hereinafter referred to as the “imposing and collecting Authority”) shall give each humidifier disinfectant supplier and raw material supplier notice for payment of a contribution stating the amount of and deadline for payment and the receiving agency, as prescribed by Ordinance of the Ministry of Environment, to impose a contribution to remedy damage caused by humidifier disinfectants (hereinafter referred to as “contribution”) in accordance with paragraph (1) of that Article.
(2) The deadline for payment of a contribution shall be the 30th day after the notice for payment of the contribution is given under paragraph (1).
(3) The Minister of Environment may exempt any of the following humidifier disinfectant suppliers or raw material suppliers from the obligation to pay a contribution in accordance with Article 34 (2) of the Act:
1. A humidifier disinfectant supplier or raw material supplier who is registered having completed liquidation pursuant to Article 264 of the Commercial Act;
2. A humidifier disinfectant supplier or raw material supplier who is practically incapable of paying the contribution due to the cessation of business, dishonor, or bankruptcy;
3. A humidifier disinfectant supplier satisfying all of the following requirements:
(a) Where its sales of humidifier disinfectants are less than 1/100 of the total sales of the humidifier disinfectants;
(b) Where the humidifier disinfectant supplier is a small enterprise provided for in Article 8 (1) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises;
(c) Where the humidifier disinfectants it sold do not contain any toxic chemical substances.
(4) In accordance with Article 34 (2) of the Act, the Minister of Environment may reduce a contribution for any of the following humidifier disinfectant suppliers or raw material suppliers, classified as follows:
1. A small enterprise provided for in Article 8 (1) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises (excluding cases falling under Article (3) 3 of this Article): Reducing 2/3 of the contribution calculated pursuant to Article 35 of the Act;
2. A medium enterprise provided for in Article 8 (2) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises: Reducing 1/3 of the contribution calculated pursuant to Article 35 of the Act.
 Article 34 (Calculation of Contributions and Additional Contributions)
(1) In calculating the usage ratio of humidifier disinfectants under Article 35 (1) of the Act, the number of all humidifier disinfectant users referred to in paragraph (2) of that Article shall be calculated by excluding any person falling under any of the following subparagraphs based on a survey of environmental exposure conducted under Article 35 (2) of the Act, from among the persons who files an application for recognition of health harm caused by exposure to humidifier disinfectants and is notified as to whether recognition of health harm is granted pursuant to Article 13-4 (2) of the Enforcement Decree of the Environmental Health Act, during the period from April 1, 2014 to February 8, 2017: <Amended on Aug. 2, 2022>
1. A person not exposed to any humidifier disinfectant;
2. A person exposed to humidifier disinfectants, all or some of which are unidentifiable;
3. A person exposed to a humidifier disinfectant manufactured or imported and sold by a humidifier disinfectant supplier exempted from the obligation to pay a contribution pursuant to Article 33 (3);
4. A person exposed to a humidifier disinfectant manufactured or imported and sold by a humidifier disinfectant supplier whose contribution is reduced in accordance with Article 33 (4). In such cases, the number of persons excluded from among humidifier disinfectant users shall be calculated by multiplying the number of the persons exposed, by the ratio for reducing a contribution.
(2) In calculating the usage ratio of humidifier disinfectant under Article 35 (1) of the Act, the share of an individual humidifier disinfectant supplier referred to in paragraph (2) of that Article shall be calculated based on the ratio of the individual humidifier disinfectant supplier who has manufactured or imported and sold the humidifier disinfectants to which all humidifier disinfectant users were exposed calculated pursuant to paragraph (1). <Amended on Aug. 2, 2022>
(3) In calculating the sales ratio of humidifier disinfectant referred to in Article 35 (1) of the Act, the sales of any of the following humidifier disinfectant suppliers shall be excluded:
1. The sales of a humidifier disinfectant supplier exempted from the obligation to pay a contribution pursuant to Article 33 (3);
2. The sales of a humidifier disinfectant supplier whose contribution is reduced in accordance with Article 33 (4), multiplied by the ratio for reducing a contribution.
(4) The sales share of an individual humidifier disinfectant supplier referred to in Article 35 (3) of the Act shall be calculated based on the ratio of the sales of the individual humidifier disinfectant supplier, to the total sales of humidifier disinfectants ascertained through the inspection conducted pursuant to Article 37 of the Act.
(5) Paragraphs (1) through (4) shall apply mutatis mutandis to the calculation of additional contributions under the former part of Article 35-2 (1) of the Act (hereinafter referred to as "additional contributions"): Provided, That the number of all humidifier disinfectant users under paragraphs (1) and (2) shall be calculated by aggregating the number of the following persons: <Newly Inserted on Aug. 2, 2022>
1. A person who filed an application for recognition that they suffered health damage caused by exposure to humidifier disinfectants pursuant to Article 13-4 (2) of the Enforcement Decree of the Environmental Health Act during the period from April 1, 2014 to August 8, 2017 and is notified as to whether recognition of such harm is granted, except a person falling under any subparagraph of paragraph (1) of this Article based on a survey on environmental exposure conducted under Article 35 (2) of the Act;
2. A person who receives a decision as to whether payment of remedial benefits is to be made under Article 10 (2) of the Act during the period from August 9 of 2017 to December 31 of the year preceding the year in which additional contributions are calculated, excluding a person who falls under any subparagraph of paragraph (1) of this Article based on a survey on environmental exposure conducted under Article 35 (2) of the Act.
[Title Amended on Aug. 2, 2022]
 Article 35 (Joint Payment of Contributions)
(1) Where more than one humidifier disinfectant supplier jointly pays a contribution in accordance with Article 35 (4) of the Act, they shall pay the contribution in proportion to the unit sales price of humidifier disinfectant by such humidifier disinfectant supplier, but if it is impossible to identify the unit sales price of humidifier disinfectant, the unit sales price ratio of a humidifier disinfectant supplier provided with the humidifier disinfectant, to a humidifier disinfectant supplier that provided the humidifier disinfectant shall be 2:1.
(2) Notwithstanding paragraph (1), if none of the multiple humidifier disinfectant suppliers involved in the same humidifier disinfectant is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, the suppliers may jointly pay the contribution according to the ratio agreed upon between them within the range of 2 to 1.
(3) Notwithstanding paragraph (1), if, among the multiple humidifier disinfectant suppliers involved in the same humidifier disinfectant, only the supplier that provided the humidifier disinfectant is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, the Minister of Environment shall determine an amount payable by the supplier separately from the other humidifier disinfectant suppliers so that the former’s amount or ratio does not exceed the following amount or ratio:
1. For a small enterprise provided for in Article 8 (1) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises: Either 100 million won or 2/1,000 of the total amount of the contribution payable by the other humidifier disinfectant suppliers;
2. For a medium enterprise provided for in Article 8 (2) of the Enforcement Decree of the Framework Act on Small and Medium Enterprises: Either 250 million won or 5/1,000 of the total amount of the contribution payable by the other humidifier disinfectant suppliers.
(4) If more than one raw material supplier is involved in the same raw materials, the contribution shall be paid in proportion to the usage of the raw materials supplied by each raw material supplier in the total sales of humidifier disinfectants using such raw materials: Provided, That the sales of any humidifier disinfectant using raw materials the supplier of which is unidentifiable shall be excluded from the calculation.
(5) If none of the multiple raw material suppliers involved in the same raw materials is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, the suppliers may jointly pay the contribution according to the ratio agreed upon between them, notwithstanding paragraph (4).
(6) If the contribution is payable in proportion to the ratio agreed upon between the multiple humidifier disinfectant suppliers or multiple raw material suppliers for the same humidifier disinfectant, the relevant humidifier disinfectant suppliers or raw material suppliers shall file an application with the Minister of Environment or the head of the imposing and collecting Authority, to change the contribution, within seven days from the date of receiving notice for payment given pursuant to Article 33 (1), as prescribed by Ordinance of the Ministry of Environment.
(7) The Minister of Environment or the head of the imposing and collecting Authority shall give notice for payment of the changed contribution to the relevant humidifier disinfectant supplier or raw material supplier within seven days from the date of receipt of an application filed pursuant to paragraph (6), as prescribed by Ordinance of the Ministry of Environment. In such cases, the deadline for payment of the changed contribution shall be the 30th day from the date the notice for payment of the changed contribution is given.
 Article 36 (Late-Payment Penalties)
A late-payment penalty imposed pursuant to Article 35 (6) of the Act shall be calculated by multiplying an amount equivalent of 1/1,000 of the contribution in arrears, by the number of days from the day after the payment deadline to the day before the payment date.
 Article 37 (Payments of Contributions in Installments)
(1) The Minister of Environment or the head of the imposing and collecting Authority may permit a contribution to be paid in installment classified as follows:
1. Where a contribution imposed on a humidifier disinfectant supplier or a raw material supplier (excluding a supplier referred to in subparagraph 2) exceeds 10 billion won: Up to eight installments within a two-year period;
2. Where a humidifier disinfectant supplier or a raw material supplier is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises: Up to twelve installments within a three-year period.
(2) To pay a contribution in installments pursuant to paragraph (1), a humidifier disinfectant supplier or raw material supplier shall file an application to pay the contribution in installments with the Minister of Environment or the head of the imposing and collecting Authority within seven days from the date of receiving notice for payment given pursuant to Article 33 (1), as prescribed by Ordinance of the Ministry of Environment.
(3) The Minister of Environment or the head of the imposing and collecting Authority shall give notice of whether to accept an application to pay the contribution in installments within 30 days from the date of receipt of the application filed pursuant to paragraph (2), as prescribed by Ordinance of the Ministry of Environment.
(4) If a person notified to pay in installments pursuant to paragraph (3) falls under any of the following subparagraphs, the Minister of Environment or the head of an imposing and collecting authority may collect the installments in a lump sum: In such cases, the Minister of Environment or the head of the Imposing and Collecting authority shall give a prior written notice of the intention to the person liable to pay: <Amended on Feb. 17, 2021>
1. Where the person fails to pay an installment by the specified deadline;
2. Where it is deemed impossible to collect the full amount of the installment by the deadline for installment payment due to any of the causes prescribed in the subparagraphs of Article 9 (1) of the National Tax Collection Act or any other similar causes.
CHAPTER IV SUPPLEMENTARY PROVISIONS
 Article 38 (Inspections and Reporting)
(1) “The head of a relevant administrative agency or a relevant institution, corporation, or organization prescribed by Presidential Decree” in Article 37 (1) of the Act means any of the following persons: <Amended on Feb. 12, 2019; May 19, 2020; Sep. 22, 2020>
1. The Commissioner of the Statistics Korea;
2. The National Health Insurance Service established pursuant to Article 13 of the National Health Insurance Act and the Health Insurance Review and Assessment Service established pursuant to Article 62 of that Act;
3. The National Pension Service established pursuant to Article 24 of the National Pension Act;
4. Health care institutions referred to in Article 42 of the National Health Insurance Act;
5. Any person who is not a humidifier disinfectant supplier and sells or distributes humidifier disinfectants;
6. The Korea Workers’ Compensation and Welfare Service established under Article 10 of the Industrial Accident Compensation Insurance Act;
7. The Korea Social Security Information Service established pursuant to Article 29 (1) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries.
(2) Matters that shall be reported to the Minister of Environment regarding changes in the entitlement pursuant to Article 37 (5) of the Act shall be as follows: <Amended on Sep. 22, 2020>
1. Granting money or goods equivalent to remedial benefits pursuant to the Civil Act or other statutes or regulations on the same grounds as those for paying remedial benefits pursuant to the Act;
2. Matters that may cause a revocation of a determination on eligibility for remedial benefits or a modification of the grades of injury, such as recovery from health damage caused by humidifier disinfectants, improvement of health conditions after suffering such damage.
 Article 39 (Eligibility for Demands for Medical Examinations)
(1) The cases where the Minister of Environment may demand a medical examination, test, or investigation, etc. pursuant to Article 38 of the Act are any of the following cases: <Amended on Sep. 22, 2020>
1. Where it is necessary to determine eligibility for remedial benefits under Article 10 (2) of the Act;
2. Where it is necessary to determine whether to pay remedial benefits pursuant to Article 22 of the Act;
3. Where the Minister of Environment finds it necessary to make a determination, etc. pursuant to the Act.
(2) A demand referred to in Article 38 of the Act shall be given in writing, specifying a period not exceeding 30 days.
 Article 40 (Temporary Suspension of Remedial Benefits)
(1) The Minister of Environment shall demand a beneficiary of remedial benefits to fulfill his or her obligation regarding the matters prescribed in the subparagraphs of Article 39 (1) of the Act, in writing specifying a period not exceeding 30 days when intending to temporarily suspend payment of remedial benefits pursuant to Article 39 (1) of the Act.
(2) “Where any other event prescribed by Presidential Decree occurs” in Article 39 (1) 3 of the Act means where a victim of humidifier disinfectant is found to have, intentionally or by gross negligence, aggravated his or her disease or interfered with his or her treatment.
(3) Where a beneficiary of remedial benefits fails to fulfill his or her obligation within a period specified under paragraph (1), the Minister of Environment may temporarily suspend payment of the remedial benefits.
(4) Remedial benefits that can be temporarily suspended pursuant to Article 39 (2) of the Act shall be all remedial benefits where determining whether to pay remedial benefits is impracticable or paying remedial benefits is hindered due to a beneficiary of the remedial benefits failing to fulfill the obligation pursuant to paragraph (1).
(5) The period for temporarily suspending remedial benefits shall begin on the day following the lapse of the deadline for fulfilling obligations set under paragraph (1) and end on the day before such obligations are fulfilled.
 Article 41 (Operation of Comprehensive Support Center for Victims of Humidifier Disinfectants)
(1) The Comprehensive Support Center for Victims of Humidifier Disinfectants (hereinafter referred to as the “Support Center”) pursuant to Article 40 (1) of the Act may perform the work of collecting and managing information, and compiling and operating statistical data, on humidifier disinfectants, health damage caused by humidifier disinfectants, victims of humidifier disinfectants, etc., to establish and operate an information system under paragraph (2) 4 of that Article. <Amended on Feb. 12, 2019>
(2) “Support for humidifier disinfectant victims, as prescribed by Presidential Decree” in Article 40 (2) 5 of the Act means the following: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. Support for medical examinations, etc. necessary for the verification of health damage suffered by the applicants for payment that are performed by the medical institutions under Article 15 (4);
2. Support for submission, etc. of materials necessary for the following application or request:
(a) Application to receive remedial benefits under Article 10 (1) of the Act;
(b) Request for payment of remedial benefits under Article 10 (7) of the Act;
(c) Application for renewal of the term of validity under Article 11 (2) of the Act;
(d) Application for special recognition as bereaved family members under Article 19 of the Act;
3. Support for psychological treatment, social adaptation, etc. of the victims of humidifier disinfectants;
4. Other duties deemed necessary to support the victims of humidifier disinfectants and publicly notified by the Minister of Environment.
(3) The Minister of Environment may annually evaluate the performance of a humidifier disinfectants health center (hereinafter referred to as “health center”) pursuant to Article 40 (3) of the Act. <Amended on Feb. 12, 2019>
(4) The Minister of Environment may revoke the designation of a health center if it falls under any of the following subparagraphs: Provided, That in cases falling under subparagraph 1, the designation shall be revoked: <Amended on Feb. 12, 2019>
1. Where it has obtained the designation by fraud or other improper means;
2. Where it fails to commence its work as a health center within three months from the date of designation;
3. Where the result of evaluation under paragraph (3) shows that it has no record of performance or has been very improperly run.
(5) “Persons prescribed by Presidential Decree” in Article 40 (4) 1 of the Act means any of the following persons: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. A person who received emergency medical assistance from the Damage Remedy Fund pursuant to subparagraph 8 (a) of Article 32 of the Act;
2. A verified sufferer from exposure to humidifier disinfectants (excluding those falling under subparagraph 1) who fails to be determined eligible for remedial benefits under Article 10 (2) of the Act, but at least one member of whose household has become eligible for remedial benefits;
3. Other persons recognized by the Committee on Remedying Damage as requiring health monitoring relating to their health damage caused by humidifier disinfectants.
(6) If necessary for efficient performance of a project, the Support Center and each health center may implement the project jointly or cooperate with each other in the performance thereof, and entrust part of the work thereof to another institution with the approval of the Minister of Environment. <Amended on Feb. 12, 2019>
(7) Matters necessary for establishing and operating the Support Center and health centers, except as provided in paragraphs (1) through (6), shall be prescribed by Ordinance of the Ministry of Environment. <Newly Inserted on Feb. 12, 2019>
[Title Amended on Feb. 12, 2019]
 Article 42 (Delegation of Authority and Entrustment of Duties)
(1) Pursuant to Article 42 (1) of the Act, the Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. Survey and research on epidemiological correlation between the exposure to humidifier disinfectants and the outbreak of diseases under subparagraph 3 of Article 5 of the Act and Article 2 (1) of this Decree;
2. Formulation of the criteria for determining eligibility for remedial benefits and the grades of injury under Article 10 (5) of the Act;
3. Review of the medical fitness and feasibility of the criteria for determining eligibility for remedial benefits under Article 10 (6) of the Act;
4. Designation of health centers pursuant to Article 40 (3) of the Act;
5. Evaluation, and revocation of the designation, of health centers pursuant to Article 40 (3) and (4).
(2) Pursuant to Article 42 (2) of the Act, the Minister of Environment shall entrust the Korea Environmental Industry and Technology Institute with the following duties: <Amended on Sep. 22, 2020>
1. Receipt of an application and a request for payment of remedial benefits and the review and confirmation of the details of the application and request, pursuant to Article 10 (1) and (7) of the Act;
2. Review and confirmation of data for the decision on payment of remedial benefits and on the grades of injury, pursuant to Article 10 (2) of the Act;
3. Receipt of an application for reimbursement of the expenses of medical examination and tests, and the review and confirmation of the details of application under Article 10 (4) of the Act;
4. Notification issued under Article 10-3 (1) and (2), and Article 11 (4) of the Act;
5. Receipt of an application for the renewal of the term of validity and the review and confirmation of the details of the application, pursuant to Article 11 (2) and (3) of the Act;
6. Receipt of an application for the special recognition as bereaved family members and the review and confirmation of the details of the application, pursuant to Article 19 (1) of the Act and Article 23 (1) of this Decree;
7. Receipt of a request for payment of remedial benefits and of an application for adjustment of remedial benefits, and the review and confirmation of the details of the application and request, pursuant to Article 22 (1) and (2) of the Act;
8. Duties regarding subrogation of the right to claim compensation under Article 25 (2) of the Act;
9. Receipt of a request for re-examination and the review and confirmation of the details of the request under Article 29 of the Act;
10. Request for submission of materials, goods, and opinions pursuant to Article 37 (1) of the Act (limited to those related to the duties entrusted to the Korea Environmental Industry and Technology Institute);
11. Receipt of reports on changes in the entitlement pursuant to Article 37 (5) of the Act and Article 38 (2) of this Decree, and receipt of reports on death of the eligible beneficiaries pursuant to Article 37 (6) of the Act.
 Article 43 (Management of Sensitive Information and Personally Identifiable Information)
The Minister of Environment (including those delegated or entrusted with the authority or duties of the Minister of Environment under Articles 33 (3) and 42 (1) and (2) of the Act), the head of the Support Center, the head of a health center, or the head of a medical institution referred to in Article 15 (4) may manage data containing information on personal health referred to in Article 23 of the Personal Information Protection Act, data constituting a criminal history record referred to in subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and a resident registration number referred to in subparagraph 1 of Article 19 of that Decree, if unavoidable to perform the following affairs: <Amended on Feb. 12, 2019; Sep. 22, 2020>
1. Affairs relating to reporting and supporting victims’ organizations and organizations of verified exposure　suffers pursuant to Articles 9 and 9-2 of the Act;
2. Affairs relating to determination on eligibility for remedial benefits pursuant to Article 10 of the Act;
3. Affairs relating to renewal of the term of validity of the determination on eligibility for remedial benefits pursuant to Article 11 of the Act;
4. Affairs relating to special recognition as bereaved family members pursuant to Article 19 of the Act;
5. Affairs relating to payment of remedial benefits and adjustment of remedial benefits pursuant to Articles 22 of the Act;
6. Affairs relating to payment of accrued medical care benefits, etc. pursuant to Article 23 of the Act;
7. Affairs relating to examinations of and determinations as to requests for reexamination pursuant to Articles 29 and 30 of the Act;
8. Affairs relating to provision and subsidization of benefits, expenses, costs, etc. pursuant to Article 32 of the Act;
9. Affairs relating to operating the Support Center and health centers.
CHAPTER V PENALTY PROVISIONS
 Article 44 (Enforcement Fines)
(1) In accordance with Article 47 (2) of the Act, the Minister of Environment may impose an enforcement fine on any person who fails to comply with an order to provide or allow perusal of information pursuant to Article 6 (5) of the Act (including cases applied mutatis mutandis under Article 9-2 (4) of the Act), as follows: <Amended on Feb. 12, 2019>
1. Where a period from the day following the expiry of the period for compliance set under paragraph (2) to the day before the order is complied with (hereafter in this paragraph referred to as “period of noncompliance with an order”) is shorter than 365 days: 150,000 won a day;
2. Where a period of noncompliance with an order is at least 365 days: 250,000 won a day, beginning on the 365th day.
(2) Prior to imposing an enforcement fine pursuant to paragraph (1), the Minister of Environment shall specify a reasonable period for compliance and give prior written notice that an enforcement fine can be imposed and collected if the relevant order is not complied with within the specified period.
(3) When imposing an enforcement fine pursuant to paragraph (1), the Minister of Environment shall do so in writing, specifying the amount, grounds for imposition, and deadline for payment of the enforcement fine, the receiving agencies, the methods of raising an objection, etc.
(4) The Minister of Environment may repeatedly impose and collect an enforcement fine pursuant to paragraph (1) annually as on the day following the expiry of the period for compliance pursuant to paragraph (2), until such order is complied with.
(5) If a person issued an order to provide or allow perusal of information complies with the order, the Minister of Environment shall immediately suspend imposing a new enforcement fine, but collect any enforcement fine already imposed.
ADDENDA <Presidential Decree No. 28239, Aug. 9, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 9, 2017.
Article 2 (Transitional Measures concerning Incompetents)
A person under limited guardianship or adult guardianship referred to in subparagraph 1 of Article 7 shall be construed as including any person for whom declaration of incompetency or quasi-incompetency remains valid under Article 2 of the Addenda to the Civil Act (Act No. 10429).
ADDENDUM <Presidential Decree No. 29546, Feb. 12, 2019>
This Decree shall enter into force on February 15, 2019.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 30221, Dec. 3, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30683, May 19, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 4, 2020. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 31027, Sep. 22, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 25, 2020.
Article 2 (Applicability to Allowances for Medical Care and Living Costs)
The amended provisions of attached Table 2 shall also apply to the cases where the persons who are receiving the allowances for medical care and living costs pursuant to Article 14 (1) of the Act and Article 19 (1) of this Decree as at the time this Decree enters into force are eligible for the allowances for medical care and living costs after this Decree enters into force.
Article 3 (Applicability to Special Condolence Money for Bereaved Family Members)
(1) A victim of humidifier disinfectants, who is not paid special condolence money for bereaved family members despite being recognized as a special bereaved family member pursuant to Article 19 of the Act before this Decree enters into force, shall also be paid the special condolence money for bereaved family members pursuant to the amended provisions of Article 22 (1).
(2) A person who has been paid special condolence money for bereaved family members pursuant to the previous provisions before this Decree enters into force shall be additionally paid the amount equivalent to the difference between the amount of special condolence money for bereaved family members under the amended provisions of Article 22 (1) and the special condolence money for bereaved family members under the previous provisions (amount equivalent to 2,300/100 of funeral expenses).
Article 4 (Transitional Measures concerning Application for Payment of Remedial Benefits)
(1) A person for whom the procedures for determining whether to grant recognition of health damage caused by humidifier disinfectants are in progress after the person files an application for recognition of the health damage pursuant to the previous provisions as at the time this Decree enters into force shall be deemed to have filed an application for payment of remedial benefits pursuant to the amended provisions of Article 15.
(2) If a person who is not recognized as a victim of humidifier disinfectants pursuant to the previous provisions as at the time this Decree enters into force manifests his or her intention to apply for payment of remedial benefits in a manner separately determined and implemented by the Minister of Environment, the person shall be deemed to have applied for payment of remedial benefits pursuant to the amended provisions of Article 15.
Article 5 (Transitional Measures concerning Term of Validity of Determination on Eligibility for Remedial Benefits)
If it is recognized that a person has suffered health damage caused by humidifier disinfectants pursuant to the previous provisions before this Decree enters into force and the term of validity has not terminated, the amended provisions of Article 18 (1) shall apply, deeming that the determination on eligibility for remedial benefits has been rendered pursuant to Article 10 (2) of the Act, and the base date for calculating the term of validity shall be the date of recognition of health damage caused by humidifier disinfectants.
ADDENDA <Presidential Decree No. 31453, Feb. 17, 2021>
Article 1 (Enforcement Date)
This Decree shall enter into on the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 32843, Aug. 2, 2022>
This Decree shall enter into force on the date of its promulgation.