CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for the implementation of mutual aid projects for compensation for accidents at schools in order to prevent accidents at schools and to promptly and appropriately compensate students, teachers and staff, and participants in educational activities for damage caused by accidents at schools.
The terms used in this Act are defined as follows: <Amended on May. 19, 2011; Jan. 26, 2012; Jan. 20, 2015; Mar. 23, 2021>
| 1. | The term "school" means any of the following institutions or facilities: |
| (c) | Lifelong educational establishments, the educational attainment of which is recognized as having graduated from high school or lower (hereinafter referred to as "lifelong educational establishments") pursuant to Article 20 (2) of the Lifelong Education Act; |
| 2. | The term "student" means a person enrolled in school and studying; |
| 3. | The term "teachers and staff" means teachers and staff, etc. who are in charge of or assist the education of students or the administration of students at schools, regardless of the type and name of employment; |
| 4. | The term "educational activities" means any of the following activities: |
| (a) | Activities such as classes, special activities, discretionary activities, extracurricular activities, training activities, school trips, etc. or athletic competitions conducted under the management and supervision of the head of a school inside or outside of the school according to the curricula of the school or educational plans and policies determined by the head of the school (hereinafter referred to as "head of a school"); |
| (b) | Activities performed by participating in going to and out of school and participating in various events, competitions, etc. recognized by the head of a school; |
| (c) | Other activities related to items (a) and (b) during the hours prescribed by Presidential Decree, which are during the hours prescribed by Presidential Decree; |
| 5. | The term "participant of educational activities" means any of the following persons who are not students or teachers and staff: |
| (a) | Assistants who assist the educational activities of teachers and staff or conduct educational activities together with students or teachers and staff at the request of the head of the school or upon approval of the head of the school or at the request of the head of a school; |
| (b) | A person who participates in traffic guidance activities as a member of a non-profit, non-governmental organization registered pursuant to Article 4 (1) of the Assistance for Non-Profit, Non-Governmental Organizations Act by giving prior written notice to the principal of the school concerning the participation of students in traffic guidance activities when they attend school or leave school, and obtaining approval from the principal of the school or participating in traffic guidance activities as a member of the school at the request of the principal of the non-profit, non-governmental organization; |
| 6. | The term "school safety-related accident" means an accident that occurs during educational activities, which inflicts any accident that causes the life or body of students, teachers and staff, or participants in educational activities, and diseases prescribed by Presidential Decree, which occur to students, teachers and staff, or participants in educational activities directly caused by all accidents that cause any damage to the life or body of students, teachers and staff, or participants in educational activities, and duties under the management and supervision of the head of a school, such as school meal services. |
| Article 3 (Support by State or Local Governments) |
The State or a local government may subsidize expenses incurred in operating projects for the prevention of school safety-related accidents and projects for mutual-aid for compensation of accidents at schools under this Act, within budgetary limits.
CHAPTER II PREVENTION OF SCHOOL SAFETY-RELATED ACCIDENTS
| Article 4 (Formulation and Implementation of Plans for Prevention of School Safety-Related Accidents) |
| (1) | The Minister of Education shall formulate and implement a master plan for the prevention of school safety-related accidents (hereinafter referred to as "master plan") every three years. |
| (2) | A master plans shall include the following matters: |
| 1. | Basic direction-setting and objectives of policies for preventing accidents inside and outside schools; |
| 2. | Matters concerning the basic guidelines for the operation of educational activities inside and outside of schools to prevent school safety-related accidents; |
| 3. | Matters concerning school safety education, such as prevention of accidents at schools and disaster preparedness drills; |
| 4. | Deleted; <Dec. 3, 2019> |
| 5. | Matters concerning diffusion of safety culture in schools; |
| 6. | Other matters necessary for preventing accidents at schools. |
| (3) | The Minister of Education shall publicly announce a master plan formulated pursuant to paragraph (1) after deliberation by the Committee for Prevention of Accidents at Schools under Article 4-2. The same shall also apply to any amendment thereto. |
| (4) | Where necessary to formulate a master plan, the Minister of Education may request the heads of the relevant central administrative agencies to submit relevant data. Upon receipt of such request, the heads of the relevant central administrative agencies shall comply therewith, unless there is a compelling reason not to do so. |
| (5) | The superintendent of education shall formulate and implement a regional plan for the prevention of accidents at schools (hereinafter referred to as "regional plan") every year in accordance with the master plan. |
| (6) | The head of a school shall formulate and implement a school plan for the prevention of accidents at schools (hereinafter referred to as "school plan") every year in accordance with the curriculum of the school or the educational plan determined by the head of a school based on a master plan and regional plan, subject to deliberation by the school governance committee. |
| (7) | The superintendent of education shall annually evaluate the school plan for the relevant year and the results of implementation according to the school plan for the previous year, as prescribed by Presidential Decree, and submit them to the Minister of Education, as prescribed by Presidential Decree. |
| (8) | Other matters necessary for the formulation, implementation, evaluation, etc. of plans shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 4-2 (Composition of Committee for Prevention of School Safety-Related Accidents) |
| (1) | The Minister of Education shall establish a Committee for Prevention of Accidents at Schools (hereinafter referred to as the "Prevention Committee") under the jurisdiction of the Minister of Education to deliberate on the following matters: |
| 1. | Evaluation of formulation and implementation of master plans; |
| 2. | Development of school safety education programs and teaching materials; |
| 3. | Promotion of projects related to prevention of school safety-related accidents; |
| 4. | Other matters referred by the chairperson to the Committee for deliberation in connection with the prevention of accidents at schools. |
| (2) | The Prevention Committee shall be comprised of not more than 21 members, including the chairperson. |
| (3) | The chairperson of the Prevention Committee shall be elected by and from among its members, and its members shall be appointed or commissioned by the Minister of Education from among persons who have abundant expertise and experience in the prevention of accidents at schools, and at least one person falling under any of the following subparagraphs shall be included, respectively: |
| 1. | Parents' representatives; |
| 4. | Public officials of the relevant central administrative agencies prescribed by Presidential Decree. |
| (4) | In order to efficiently perform the duties of the Prevention Committee, subcommittees may be established for each field in the Prevention Committee. |
| (5) | Matters necessary for the operation, etc. of the Prevention Committee and subcommittees shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 4-3 (Fact-Finding Survey) |
| (1) | The Minister of Education and the superintendent of education may conduct a fact-finding survey on the prevention of accidents at schools in order to efficiently formulate and implement a master plan and an implementation plan. |
| (2) | The Minister of Education and the superintendent of education may request the heads of schools and the heads of relevant institutions or organizations to provide relevant data, if necessary for conducting a fact-finding survey on the prevention of accidents at schools. |
| (3) | The Minister of Education and the superintendent of education may conduct a fact-finding survey under paragraph (1) by entrusting it to an external specialized institution. |
| (4) | Necessary matters concerning methods, etc. of fact-finding surveys under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 20, 2015]
| Article 5 (Responsibility for Prevention of Accidents at Schools) |
| (1) | The Minister of Education, the superintendents of education (hereinafter referred to as "superintendents of education") of the Special Metropolitan City, Metropolitan Cities, Metropolitan Cities, Special Self-Governing City, Dos, and Special Self-Governing Province (hereinafter referred to as "City/Do"; hereinafter the same shall apply), the heads of schools, and persons who establish and operate private schools pursuant to the provisions of the Private School Act (hereinafter referred to as "heads of schools, etc.") , shall endeavor to prevent accidents at schools and to manage and maintain school facilities safely. <Amended on Feb. 29, 2008; Jan. 26, 2012; Mar. 23, 2013> |
| (2) | The Minister of Education and the superintendent of education shall take measures necessary for the prevention of accidents at schools, such as installing facilities necessary for the prevention of accidents at schools and preferentially subsidizing the budget necessary for the repair and management of facilities at risk of occurrence of accidents at schools, etc. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 6 Deleted. <Dec. 3, 2019> |
| Article 7 Deleted. <Dec. 3, 2019> |
| Article 8 (Implementation of School Safety Education) |
| (1) | In order to prevent accidents at schools, the head of a school shall conduct the following education (hereinafter referred to as "safety education") on the prevention of accidents at schools, etc. to students, teachers and staff, and participants in educational activities, as prescribed by Ordinance of the Ministry of Education, and report the results thereof to the superintendent of education for each semester: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 20, 2015; Feb. 3, 2015; Feb. 3, 2016; Mar. 23, 2021> |
| 1. | Traffic safety education, education on health and hygiene management, such as prevention of infectious diseases and misuse and abuse of drugs, and education on safety in preparation for disasters under Article 31 of the Child Welfare Act; |
| 6. | Safety education under statutes related to safety accidents. |
| (2) | Deleted. <Jan. 20, 2015> |
| (3) | The Minister of Education and the superintendent of education shall develop and distribute teaching materials and programs necessary for safety education, including the following matters, and shall provide support necessary for safety education, such as arranging instructors to be in charge of safety education prescribed by Ordinance of the Ministry of Education, at the request of the heads of schools, etc.: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 20, 2015> |
| 1. | Matters concerning prevention of and countermeasures against safety accidents; |
| 2. | Matters concerning disaster preparedness drills and safety drills; |
| 3. | Other matters deemed necessary by the Minister of Education. |
| (4) | The head of a school shall, if necessary, conduct safety education in parallel with theoretical education and practical training, but in order to efficiently conduct safety education, the head may have teachers or participants in educational activities take charge of such education, or entrust such education to a specialized educational institution, organization, or expert, as prescribed by Ordinance of the Ministry of Education. <Amended on Jan. 26, 2012; Jan. 20, 2015> |
| Article 8-2 (Duty of Heads of Schools to Inspect and Verify Safety Measures for Educational Activities) |
| (1) | Where the head of a school directly conducts educational activities, the head of a school shall take necessary measures, such as inspecting and verifying safety measures to prevent accidents at schools. |
| (2) | Where the head of a school entrusts educational activities to a related institution or organization, etc., the head of the school shall inspect and verify the following matters to prevent accidents at schools: |
| 1. | Whether the establishment of an institution, organization, etc. to be entrusted is authorized or permitted; |
| 2. | Whether a person has purchased an insurance, etc. to cover liability for damages caused by an accident that occurs during educational activities; |
| 4. | In cases of youth training facilities under subparagraph 1 of Article 10 of the Youth Activity Promotion Act, whether safety inspections and safety education under Articles 18, 18-2, 18-3, 19, and 19-2 of that Act are conducted, the results of comprehensive evaluation, and whether improvement measures are taken accordingly; |
| 5. | Whether other educational activities programs are safety inspections, safety measures, etc. conducted pursuant to relevant statutes or regulations for educational activities. |
| (3) | The head of an institution or organization, the head of a local government, etc. in receipt of a request for inspection or confirmation by the head of a school under paragraph (2) shall comply with such request. |
| (4) | The procedures, methods, scope, and procedures for and methods of inspecting and verifying safety measures for educational activities of the heads of schools under paragraphs (1) through (3) and other necessary matters shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on May 14, 2014]
| Article 8-3 (Department Dedicated to Prevention of and Countermeasures against Accidents at Schools) |
The superintendent of education shall establish and operate a department dedicated to prevention of and countermeasures against accidents at schools in City/Do offices of education.
[This Article Newly Inserted on Jan. 20, 2015]
| Article 9 (Commissioning Honorary School Safety Personnel) |
The head of a school may appoint parents or local residents, etc. as honorary school safety personnel and have them perform activities such as patrol and traffic guidance to prevent accidents at schools.
| Article 10 (Guidelines for Safety Measures and Management of Safety Accidents) |
| (1) | Deleted. <Dec. 3, 2019> |
| (2) | Deleted. <Dec. 3, 2019> |
| (3) | The Minister of Education shall establish guidelines for the management of safety accidents according to educational activities and disseminate them to City/Do offices of education and schools in order to efficiently cope with accidents that occur during educational activities inside and outside of schools and emergency situations. <Newly Inserted on Jan. 20, 2015> |
| (4) | The head of a school and a leading teacher shall take safety measures immediately in accordance with the guidelines for the management of safety accidents and emergency situations which occur during educational activities, and then immediately report such measures to the Minister of Education or the superintendent of education, and the Minister of Education or the superintendent of education shall promptly formulate and implement support measures. <Newly Inserted on Jan. 20, 2015> |
[Title Amended on Jan. 20, 2015]
| Article 10-2 (Support for Organizations for Activities for Preventing Accidents at Schools) |
| (1) | The Minister of Education and the superintendent of education may subsidize a non-profit, non-governmental organization (hereafter referred to as "organization" in this Article) which participates in activities to prevent school accidents, such as traffic guidance activities, from among the non-profit, non-governmental organizations registered pursuant to Article 4 (1) of the Assistance for Non-Profit, Non-Governmental Organizations Act, among the non-profit, non-governmental organizations registered pursuant to Article 4 (1) of the Assistance for Non-Profit, Non-Governmental Organizations Act, for the budget necessary for such activities. <Amended on Mar. 23, 2013; Jan. 20, 2015> |
| (2) | The head of a school shall regularly hear opinions from organizations regarding the prevention of students' safety accidents, as prescribed by the Minister of Education, and shall reflect the details thereof in the operation of the school. <Amended on Mar. 23, 2013> |
| (3) | Where the head of a school hears the opinion that cooperation from the head of a Si/Gun/Gu or the chief of the competent police station is necessary pursuant to paragraph (2), he or she shall request the relevant institution to provide cooperation. |
| (4) | Upon receipt of a request under paragraph (3), the head of the relevant agency shall comply with such request unless there is a compelling reason not to do so. <Amended on Mar. 23, 2021> |
[This Article Newly Inserted on Jan. 26, 2012]
| Article 10-3 (Counseling Support) |
| (1) | The Minister of Education and the superintendent of education shall provide necessary support, such as counseling, psychological treatment, etc. for psychological stability and social adaptation to students, teachers and staff, educational activities participants, and their families who suffer damage from accidents at schools. |
| (2) | Matters necessary for support, such as the scope of persons eligible for support under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Jan. 20, 2015]
CHAPTER III PROJECTS FOR MUTUAL AID COMPENSATION OF ACCIDENTS AT SCHOOLS
| Article 11 (Implementation of Projects for Mutual Aid for Compensation of Accidents at Schools) |
| (1) | The superintendent of education shall implement mutual aid compensation projects for accidents at schools (hereinafter referred to as "school safety mutual aid") to compensate students, teachers and staff, and participants in educational activities who suffer life or bodily injury due to an accident at a school: Provided, That the Minister of Education shall implement the school safety mutual aid projects for Korean schools referred to in subparagraph 1 (d) of Article 2. <Amended on Jan. 26, 2012; Mar. 23, 2013> |
| (2) | The business year of the school safety mutual aid shall coincide with the fiscal year of the Government. |
| (3) | A school safety mutual aid established pursuant to Article 15 shall be a business entity engaged in the school safety mutual aid project: Provided, That the business entity engaged in the school safety mutual aid project for Korean schools referred to in subparagraph 1 (d) of Article 2 shall be the School Safety and Insurance Federation established pursuant to Article 28. <Amended on Jan. 26, 2012> |
| Article 12 (Subscribers to School Safety Mutual Aid) |
| Article 13 (Withdrawal from School Safety Mutual Aid) |
| (1) | The head of a foreigners' school who has subscribed to a school safety mutual aid pursuant to the proviso of Article 12 may withdraw from the school safety mutual aid after obtaining approval from the school safety mutual aid under Article 15. |
| (2) | The withdrawal under paragraph (1) shall take effect at the time when the business year in which the date the withdrawal of the school safety mutual aid is approved ends or when the relevant school is closed. <Amended on Dec. 18, 2018> |
| Article 14 (Beneficiaries of School Safety Mutual Aid) |
| (1) | Any of the following persons shall become a beneficiary of the school safety mutual aid at the time when any of the following grounds arise: Provided, That students and teachers and staff attending and working at a foreign school under the proviso of Article 12 shall become a beneficiary of the school safety mutual aid when the relevant school subscribes to the school safety mutual aid pursuant to the provisions of that Article: <Amended on Dec. 18, 2018; Mar. 23, 2021> |
| 1. | Students: When they enter (including transfer) a school which has subscribed to the school safety mutual aid; |
| 2. | Teachers and staff: When he or she is appointed or transferred to a school that has subscribed to a school safety mutual aid; |
| 3. | Participants in educational activities: When they come to participate in educational activities of schools that have joined the school safety mutual aid: Provided, That this shall not apply where they participate in educational activities against the explicit intention of the head of a school. |
| (2) | In any of the following cases, a beneficiary referred to in paragraph (1) shall lose his or her eligibility as a beneficiary: Provided, That a student or teacher or staff who attends and works at a school which withdraws from the school safety mutual aid pursuant to Article 13 (1) shall lose his or her eligibility as a beneficiary when the withdrawal under paragraph (2) of that Article takes effect: |
| 1. | Where a beneficiary is deceased; |
| 2. | When a student who is a beneficiary student graduates from school (including withdrawal from school or expulsion from school) or transfers to another school; |
| 3. | When a teacher or staff member who is a beneficiary retires from school or is transferred to another school or an educational institution, etc.; |
| 4. | When participants in educational activities complete participation in educational activities; |
CHAPTER IV SCHOOL SAFETY MUTUAL AID ASSOCIATION
| Article 15 (Establishment of School Safety Mutual Aid Association) |
| (1) | The superintendent of education shall establish a school safety mutual aid association (hereinafter referred to as "mutual aid association") in the relevant City/Do to implement school safety mutual aid projects. |
| (2) | A mutual aid association shall be a corporation. |
| (3) | A mutual aid association shall be established by registering its establishment at the seat of its principal place of business. |
The name of a mutual aid association shall include the words indicating the local government under the jurisdiction of the superintendent of education.
| Article 17 (Articles of Incorporation) |
| (1) | The articles of incorporation of a mutual aid association shall include the following matters: |
| 3. | Location of its principal office; |
| 4. | Matters concerning business; |
| 5. | Matters concerning its board of directors; |
| 6. | Matters concerning appointment and dismissal of executive officers and employees; |
| 7. | Matters concerning its organization; |
| 8. | Matters concerning assets and accounting; |
| 9. | Matters concerning modifications of the articles of incorporation; |
| 10. | Matters concerning enactment, amendment, and repeal of internal regulations; |
| 11. | Matters concerning public announcement. |
| (2) | The articles of association of a mutual aid association shall be authorized by the superintendent of education. The same shall also apply where it is intended to amend such articles of association. |
| Article 18 (Projects of Mutual Aid Associations) |
| (1) | A mutual aid association shall perform the following projects: <Amended on Mar. 21, 2012> |
| 1. | Imposition and collection of mutual aid fees for mutual aid subscribers; |
| 2. | Payment of mutual aid benefits under Article 34 and duties related thereto; |
| 3. | Projects related to prevention of accidents at schools; |
| 4. | Education and public relations on prevention of accidents at schools and school safety mutual aid projects; |
| 5. | Operation of the School Safety Mutual Aid Compensation Examination Committee under Article 58; |
| 6. | Projects entrusted by superintendent of education with regard to school safety mutual aid; |
| 7. | Projects for support for mutual aid subscribers, teachers and staff members, etc. related to accidents at schools; |
| 8. | Other projects necessary for conducting projects for preventing accidents at schools and school safety mutual aid projects. |
| (2) | A mutual aid association may engage in profit-making projects within the scope prescribed by Presidential Decree in order to achieve its objectives, such as the prevention of accidents at schools. <Newly Inserted on Mar. 21, 2012> |
| Article 19 (Executive Officers of Mutual Aid Association) |
| (1) | A mutual aid association shall have not less than 7 but not more than 15 directors, including 1 chief director, and not more than 2 auditors, as its executive officers, and the executive officers shall be non-standing. |
| (2) | The chairperson of a mutual aid association shall represent the mutual aid association and exercise overall control over the affairs of the mutual aid association. <Amended on Mar. 23, 2021> |
| (3) | The auditor of the mutual aid association audits the affairs and accounting of the mutual aid association. |
| (4) | When an auditor discovers that any improper or incomplete matter is found as a result of an audit under paragraph (3), he or she shall report it to the board of directors, and may request the superintendent of education to conduct an audit or inspection of duties. <Newly Inserted on Jan. 26, 2012; Mar. 23, 2021> |
[Title Amended on Jan. 26, 2012]
| Article 20 (Appointment of Executive Officers of Mutual Aid Association) |
| (1) | The chairperson of a mutual aid association shall be appointed by the superintendent of education from among directors. |
| (2) | The directors of a mutual aid association shall be appointed by the superintendent of education from among persons recommended by a mutual-aid subscriber, persons who represent the beneficiary or persons with parental authority or guardianship of the beneficiary or other persons who are obligated to support the beneficiary under other statutes (hereinafter referred to as "guardians, etc."), and any of the following persons: <Amended on Apr. 11, 2007; Mar. 23, 2021> |
| 1. | A person who has served or is serving as a State public official of Grade IV or higher (including public officials and senior school supervisors belonging to the Senior Executive Service under Article 2-2 of the State Public Officials Act (hereinafter referred to as the "Senior Executive Service") or a local public official; |
| 2. | Persons qualified as attorneys-at-law or certified public accountants; |
| 4. | A person who holds or is holding an associate professor or higher position at a university or college, industrial college, teachers' college, junior college, broadcasting and correspondence college, technical college, or various kinds of schools (hereinafter referred to as "university or college") under Article 2 of the Higher Education Act. |
| (3) | The auditor of a mutual aid association shall be appointed by the superintendent of education from among persons falling under any subparagraph of paragraph (2). <Amended on Mar. 23, 2021> |
| (4) | Matters necessary for the appointment of directors, such as the recommendation of mutual aid subscribers under paragraph (2), shall be prescribed by the articles of association of the mutual aid association. |
| (5) | The term of office of the chief director, directors, and auditors shall be three years, and they may be reappointed. |
| Article 21 (Grounds for Disqualification of Executive Officers of Mutual Aid Association) |
| (3) | The superintendent of education may dismiss an executive officer of a mutual aid association when he or she falls under any of the following subparagraphs: |
| 1. | When it is acknowledged that it is impossible for him or her to perform the duties of his or her position due to a physical or mental disability; |
| 2. | Where he or she has violated his or her official duties in connection with the business affairs of a mutual aid association. |
| Article 22 (Board of Directors) |
| (1) | A mutual aid association shall have a board of directors comprised of the chief director and directors. |
| (2) | The board of directors shall deliberate and decide on the following matters: |
| 1. | Matters concerning the formulation, modification, and execution of a master plan, etc. to support the projects and activities of the mutual aid association; |
| 2. | Matters concerning enactment, amendment, and repeal of articles of association and regulations of the mutual aid association; |
| 3. | Management and operation of school safety mutual-aid fund and fund for prevention of accidents under Article 52; |
| 4. | Other matters the board of directors deems necessary for the projects of the mutual aid association. |
| (3) | The chief director shall convene and preside over meetings of the board of directors. |
| (4) | The board of directors shall pass resolutions with the attendance of a majority of all incumbent directors and with the concurrent vote of a majority of those present. |
| (5) | The auditor may attend and speak at a meeting of the board of directors and may request the chief director to convene a meeting of the board of directors if he or she finds that there is any improper or incomplete matter in the accounting or business execution of the mutual aid association. In such cases, the chief director shall convene a meeting of the board of directors within 7 days. <Amended on Jan. 26, 2012; Mar. 23, 2021> |
| (6) | Except as otherwise expressly provided for in paragraphs (1) through (5), matters necessary for the operation, etc. of the board of directors shall be prescribed by the articles of incorporation of a mutual aid association. <Amended on Mar. 23, 2021> |
| Article 23 (Appointment and Dismissal of Employees of Mutual Aid Association) |
The chief director of the board of directors shall appoint and dismiss employees as prescribed by the articles of incorporation of a mutual aid association. <Amended on Mar. 23, 2021>
| Article 24 (Finance of Mutual Aid Association) |
The finance of a mutual aid association shall be appropriated from the money transferred from the fund for school safety mutual aid and prevention of accidents under Article 52 and other revenues.
| Article 25 (Guidance and Supervision) |
| (1) | A mutual aid association shall submit a business plan and a budget bill for the relevant business year to the superintendent of education one month prior to the commencement of each business year. <Amended on Dec. 18, 2018> |
| (2) | A mutual aid association shall prepare a statement of settlement of accounts for the relevant business year and submit it to the superintendent of education within three months from the end of the business year. <Amended on Dec. 18, 2018> |
| (3) | The superintendent of education may order a mutual aid association to report on its projects or inspect the status of its projects or property, and may take necessary measures, such as an order to amend the articles of association, if deemed necessary. |
| Article 26 (Prohibition of Use of Similar Names) |
No person, other than a mutual aid association, shall use the name “mutual aid association" or any other name similar thereto.
| Article 27 (Application Mutatis Mutandis of the Civil Act) |
Except as otherwise expressly provided for in this Act, the provisions of the Civil Act governing incorporated foundations shall apply mutatis mutandis to a mutual aid association.
CHAPTER V SCHOOL SAFETY AND INSURANCE FEDERATION
| Article 28 (Establishment of School Safety and Insurance Federation) |
The Minister of Education shall establish the School Safety and Insurance Federation (hereinafter referred to as the "Insurance Federation") to efficiently conduct projects for the prevention of accidents at schools and school safety mutual aid projects. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 29 (Projects of Insurance Federation) |
| (1) | The Insurance Federation shall conduct the following projects: <Amended on Jan. 26, 2012; Mar. 21, 2012; Sep. 24, 2021> |
| 1. | Surveys and research for formulating policies for preventing accidents at schools; |
| 2. | Operation of the School Safety Mutual Aid Compensation Reexamination Committee under Article 62; |
| 3. | Surveys and research on school safety mutual aid systems; |
| 4. | Surveys and research on standards for payment of mutual aid benefits for school safety mutual aid; |
| 5. | School safety mutual aid projects for Korean schools under subparagraph 1 (d) of Article 2; |
| 6. | Other projects necessary to support the affairs of a mutual aid association in relation to the prevention of accidents at schools and the implementation of school safety mutual aid projects. |
| (2) | The Insurance Federation may conduct profit-making projects within the scope prescribed by Presidential Decree in order to achieve its objectives, such as the prevention of accidents at schools. <Newly Inserted on Mar. 21, 2012> |
| Article 30 (Executive Officers of Insurance Federation) |
| (1) | The Insurance Federation shall have not more than 19 directors, including one chief director, and not more than two auditors as its executive officers, and the executive officers shall be non-standing. |
| (2) | The chairperson shall represent the Insurance Federation and exercise overall control over the affairs of the Insurance Federation. <Amended on Mar. 23, 2021> |
| (3) | The auditor audits the business and accounting of the Insurance Federation. |
| Article 31 (Appointment and Term of Office of Executive Officers) |
| (1) | The chairperson and the auditor of the Insurance Federation shall be appointed by the Minister of Education from among persons recommended by the Executive Officer Recommendation and Examination Committee prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (2) | The directors of the Insurance Federation, excluding the chairperson, shall be appointed by the Minister of Education, but the Minister of Education shall include a total of 16 persons, including one person recommended by each City/Do mutual aid association. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (3) | Matters necessary for the recommendation of executive officers of the Insurance Federation under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| (4) | The term of office of the chief director, directors, and auditors shall be three years, and they may be reappointed. |
| Article 32 (Finance of Insurance Federation) |
| (1) | The Finance of the Insurance Federation shall be appropriated from the contributions of the a mutual aid association and other revenues. |
| (2) | The payment of contributions by a mutual aid association under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree. |
| Article 33 (Provisions Applicable Mutatis Mutandis) |
Articles 15 (2) and (3), 17, 21 through 23, 26, and 27 shall apply mutatis mutandis to the Insurance Federation. In such cases, "mutual aid association" shall be construed as "the Insurance Federation," "school safety mutual aid association" as "the School Safety Insurance Federation" and "superintendent of education" as "Minister of Education." <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021>
CHAPTER VI MUTUAL AID BENEFITS
| Article 34 (Types of Mutual Aid Benefits) |
The Types of mutual aid benefits paid by a mutual aid association shall be as follows: <Amended on Mar. 23, 2021>
| 1. | Medical care benefits; |
| 4. | Bereaved family's benefits; |
| Article 35 (Determination of Amount of Mutual Aid Benefits) |
| (1) | A mutual aid association shall determine the amount of mutual aid benefits by type of mutual aid benefits pursuant to Articles 36 through 40. <Amended on Mar. 23, 2021> |
| (2) | Notwithstanding paragraph (1), where the amount of compensation or compensation to be paid by a mutual aid subscriber or a beneficiary for damage suffered by a beneficiary due to an accident at a school is determined by a court ruling, etc., the determined amount of compensation or indemnity (including compensation for delay) shall be deemed the amount of mutual aid benefits under this Act and shall be borne by the mutual aid association. <Amended on Mar. 23, 2021> |
| Article 36 (Medical Care Benefits) |
| (1) | Medical care benefits shall be paid to the beneficiary or his or her guardian, etc. where the beneficiary is injured or suffers from a disease due to an accident at a school. |
| (2) | Medical care benefits shall be an amount borne by the beneficiary or his or her guardian, etc. pursuant to Article 44 of the National Health Insurance Act out of the expenses incurred in medical treatment of an injury or disease suffered by the beneficiary due to an accident at a school: Provided, That where the amount of compensation for damage caused by the exercise of the Corporation's right to demand a reimbursement is determined under Article 58 of the National Health Insurance Act by a court ruling, etc., the portion to be borne by the head of a school shall be borne by the mutual aid association. <Amended on Dec. 31, 2011; Mar. 21, 2012> |
| (3) | The scope of medical care benefits under paragraph (2) shall be as follows: <Amended on Apr. 23, 2019; Mar. 23, 2021> |
| 1. | Medical examinations and tests; |
| 2. | Provision of medicines and materials for medical treatment; |
| 3. | Treatment, operation and other medical treatment; |
| 4. | Rehabilitative treatment; |
| 8. | Deleted. <Sep. 24, 2021> |
| (4) | Notwithstanding the provisions of paragraphs (1) through (3), the following expenses shall be borne by a mutual aid association, considering medical care benefits under this Act as health care benefits: <Amended on Sep. 24, 2021> |
| 3. | Nursing care fees where it is deemed that another person's nursing care is medically required in the condition of an injury or disease of the beneficiary under medical care. |
| (5) | Where the beneficiary's guardians, etc. provide nursing care under paragraph (4) 3, notwithstanding that subparagraph, incidental expenses incurred in providing nursing care shall be paid. <Newly Inserted on Sep. 24, 2021> |
| (6) | Matters necessary for the standards, etc. for the payment of health care benefits and incidental expenses under paragraphs (1) through (5) shall be prescribed by Presidential Decree. <Amended on Mar. 21, 2012; Sep. 24, 2021> |
| Article 37 (Disability Benefits) |
| (1) | Where a beneficiary who has received medical care benefits under Article 36 has a disability even after the completion of medical care, the amount prescribed in Article 3 (2) 3 of the State Compensation Act and alimony prescribed in Article 3 (5) of that Act shall be paid to the beneficiary or his or her guardian, etc. |
| (2) | Necessary matters concerning the criteria for determining the degree of disability under paragraph (1), the calculation of the amount of disability benefits, the method of payment thereof, etc. shall be prescribed by Presidential Decree. |
| Article 38 (Nursing Benefits) |
| (1) | Where a person who has received medical care benefits under Article 36 needs medical care on a regular or occasional basis even after receiving medical treatment, nursing benefits shall be paid to the beneficiary or his or her guardian, etc. who actually receives nursing care. <Amended on Mar. 23, 2021> |
| (2) | Matters necessary for the standards, etc. for payment of nursing benefits under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 39 (Bereaved Family's Benefits) |
| (1) | Where a beneficiary dies due to an accident at a school, the amount prescribed in Article 3 (1) 1 of the State Compensation Act and alimony prescribed in Article 3 (5) of that Act shall be paid to the heir, but shall include a person in a de facto marital relationship: <Amended on Jan. 26, 2012; Mar. 23, 2021> |
| 1. | Deleted; <Jan. 26, 2012> |
| 2. | Deleted. <Jan. 26, 2012> |
| (2) | Matters necessary for the standards, etc. for the payment of bereaved family's benefits under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 40 (Funeral Expenses) |
| (1) | Funeral expenses shall be paid to a person who performs a funeral for 100 days of the average wage prescribed in Article 3 (1) 2 of the State Compensation Act where a beneficiary dies due to an accident at a school. <Amended on Mar. 23, 2021> |
| (2) | Matters necessary for the standards, etc. for the payment of funeral expenses under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
[Title Amended on Mar. 23, 2021]
| Article 40-2 (Consolation Benefits) |
| (1) | Where a student who is a beneficiary dies due to any unknown cause other than a school safety accident during educational activities, a mutual aid association shall pay consolation benefits prescribed by Presidential Decree. |
| (2) | Consolation payments under paragraph (1) shall be paid to the heirs under Article 39 (1). |
[This Article Newly Inserted on Mar. 21, 2012]
| Article 41 (Claim for and Payment of Mutual Aid Benefits) |
| (1) | Any person who intends to receive mutual aid benefits under Articles 36 through 40 shall request a mutual aid association to pay the mutual aid benefits in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (2) | Upon receipt of a request under paragraph (1), a mutual aid association shall determine whether to pay mutual aid benefits within 14 days from the date of receipt of the request for mutual aid benefits: Provided, That where it is impracticable to determine whether to pay mutual aid benefits within 14 days due to justifiable grounds, such as the necessity of investigation under Article 42, 14 days may be extended. |
| (3) | When the period for determining whether to pay mutual aid benefits is extended pursuant to paragraph (2), the person who has requested the payment of mutual aid benefits shall be notified of the grounds therefor before the period for determining whether to pay the mutual aid benefits is extended, specifying the grounds therefor before the initial period for determining whether to pay the mutual aid benefits expires. |
| (4) | Where a mutual aid association determines to pay mutual aid benefits, it shall pay mutual aid benefits to a person who has requested the payment of mutual aid benefits without delay: Provided, That where an application is filed by a person who has requested the payment of mutual aid benefits or where the mutual aid association deems it necessary, all or part of the mutual aid benefits may be paid first even before the date of determination of payment. |
| (5) | When the mutual aid association has decided not to pay all or part of the mutual aid benefits pursuant to Article 43, it shall, without delay, notify the members of the mutual aid association and the persons who have requested the payment of the mutual aid benefits of the grounds therefor. In such cases, the mutual aid association shall notify the persons who have requested the payment of the mutual aid benefits of the fact that they may file a request for examination pursuant to Article 57 and the procedures, period, etc. for filing a request for examination. |
| Article 42 (Investigation of Accidents at Schools) |
| (1) | Where deemed necessary to determine whether to pay mutual aid benefits, the mutual aid association may have its employees visit the place where an accident at a school occurred to investigate the circumstances, etc. of the accident, or have persons involved in the accident submit necessary documents, etc. |
| (2) | Where deemed necessary to determine whether to pay mutual aid benefits, the mutual aid association may request a health care institution under Article 42 of the National Health Insurance Act (hereinafter referred to as "health care institution") to peruse relevant medical records or submit necessary data. <Amended on Dec. 31, 2011> |
| (3) | Where a mutual aid association intends to conduct an investigation pursuant to paragraph (1), it shall notify the manager of the place where an accident at a school occurs, a mutual aid subscriber, the relevant beneficiary, the relevant beneficiary, other persons involved in the accident, etc. of the purpose and details of the investigation in advance, and the employees of the mutual aid association who visit the place where the accident occurs shall present their identification cards. <Amended on Dec. 18, 2018> |
| (4) | The manager of a place where an accident at a school occurs, a mutual aid subscriber, a relevant beneficiary, a health care institution, or any other person involved in an accident shall not interfere with an investigation under paragraph (1) or (2) or refuse to submit data without good cause. <Amended on Dec. 18, 2018> |
| Article 43 (Restrictions on Mutual Aid Benefits) |
| (1) | In any of the following cases, a mutual aid association may choose not to pay all or some of the mutual aid benefits under this Act: Provided, That the mutual aid benefits shall not be paid in cases falling under subparagraph 3: <Amended on Mar. 23, 2021> |
| 1. | Self-harm or suicide by beneficiaries: Provided, That where self-harm or suicide is caused by an accident at a school, all mutual aid benefits shall be paid; |
| 2. | Where it is obvious that the state of injury, disease, illness, or disability of the beneficiary aggravated or obstructs the medical treatment of the beneficiary because the beneficiary who suffers from a school safety accident or his or her guardian, etc. fails to comply with the instructions of the relevant health care institution without good cause; |
| (2) | When determining the amount of mutual aid benefits pursuant to Article 35, a mutual aid association may exclude expenses necessary for the treatment of a pre-existing illness, injury, or physical disability if the pre-existing illness, injury, or physical disability is aggravated by an accident at a school. <Newly Inserted on Sep. 24, 2021> |
| (3) | In calculating disability benefits, nursing benefits, and bereaved family benefits under Articles 37 through 39, a mutual aid association may offset such benefits, if the beneficiary is at fault. <Newly Inserted on Sep. 24, 2021> |
| (4) | Where a mutual aid subscriber who has joined a mutual aid association pursuant to the proviso of Article 12 fails to pay the mutual aid fees under Article 49 for a period not less than the period prescribed by Ordinance of the Ministry of Education, and such default is attributable to the beneficiary, the mutual aid association may choose not to pay the mutual aid benefits until it pays the full amount. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021; Sep. 24, 2021> |
| (5) | Necessary matters concerning persons subject to restrictions on the payment of mutual aid benefits under paragraphs (2) and (3), standards therefor, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Sep. 24, 2021> |
| Article 44 (Claim for Mutual Aid Benefits against Beneficiaries) |
| (1) | Where a school safety accident occurs due to any of the following causes and a mutual aid association has paid mutual aid benefits to a beneficiary, the mutual aid association may request the person who caused the school safety accident or his or her guardian, etc. to pay the amount equivalent to the mutual aid benefits paid to the beneficiary: |
| 1. | Where an accident at a school occurs due to intention or gross negligence of the beneficiary; |
| 2. | Where an accident at a school occurs due to intention or negligence of a person who is not the beneficiary or a mutual aid subscriber. |
| (2) | When an accident at a school occurs, a mutual aid member shall notify a mutual aid association of such fact without delay. |
| Article 45 (Relationship to Other Compensation and Liability) |
| (1) | Where an eligible beneficiary has received mutual aid benefits under this Act for damage caused by an accident at a school, the State, a local government, a member of a mutual aid association, or a beneficiary who is responsible for compensation or liability for damage caused by a school accident shall be exempted from compensation for compensation or liability under other statutes or regulations within the limit of the amount of mutual aid benefits. |
| (2) | Where an eligible beneficiary has received compensation or liability equivalent to mutual aid benefits under this Act pursuant to other statutes or regulations, a mutual aid association shall not pay mutual aid benefits under this Act within the scope of such compensation or liability. |
| Article 46 (Restitution of Unjust Enrichment) |
| (1) | Where mutual aid benefits have been paid for any of the following reasons, a mutual aid association shall recover the amount equivalent to the mutual aid benefits: <Amended on Mar. 23, 2021> |
| 1. | Where a person receives the mutual aid benefits by fraud or other improper means; |
| 2. | Where mutual aid benefits have been unfairly paid due to a false diagnosis by a health care institution; |
| 3. | Where mutual aid benefits have been erroneously paid. |
| (2) | In cases falling under paragraph (1) 2, the eligible recipient and the relevant health care institution shall jointly and severally return the amount equivalent to the mutual aid benefits. <Amended on Dec. 18, 2018> |
| Article 47 (Protection of Eligibility to Receive Benefits) |
| (1) | The eligibility of a beneficiary to receive mutual aid benefits shall not be extinguished due to a change in his or her status relationship, such as the death of the beneficiary or graduation or expulsion from the school where he or she has subscribed to the school safety mutual aid, etc. |
| (2) | The eligibility of a beneficiary to receive mutual aid benefits shall not be transferred or seized. |
| Article 48 (Compensation for Expenses) |
| (1) | Where a person prescribed by Presidential Decree, from among those who assist teachers and staff members in the duties of teachers and staff members, has paid expenses in connection with accidents at schools, a mutual aid association may compensate for such expenses. <Amended on Mar. 23, 2021> |
| (2) | Where covering expenses under paragraph (1), matters necessary for the standards and procedures for payment, calculation of coverage, etc. shall be prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
CHAPTER VII MUTUAL AID FEES
| Article 49 (Mutual Aid Fees) |
| (1) | A mutual aid subscriber shall pay the mutual aid fees to a mutual aid association. In such cases, the member of the mutual aid association may collect all or some of the amount to be appropriated for the mutual aid fees from the beneficiary, as prescribed by Presidential Decree. <Amended on Mar. 23, 2021> |
| (2) | A mutual aid association shall appropriate the mutual aid fees collected pursuant to paragraph (1) as the revenue of the school safety mutual aid and accident prevention fund under Article 52. |
| (3) | The Minister of Education shall determine and publicly notify the standards for calculating mutual aid fees each business year by reflecting the trend of occurrence of accidents at schools during the last three years prior to the year before the previous year, the outcomes of payment of mutual aid benefits, operational expenses of mutual aid projects, prevention projects, etc. in the year before the previous year, the inflation rate, etc., as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (4) | A mutual aid association shall calculate mutual aid fees based on the standards for calculating mutual aid fees publicly notified pursuant to paragraph (3), taking into consideration the trend of occurrence of accidents at schools within its jurisdiction, the results of payment of mutual aid benefits, the types and scale of schools, etc., and notify the mutual aid subscribers thereof. |
| (5) | Where a mutual aid subscriber who has been notified of the mutual aid fees calculated pursuant to paragraph (4) has an objection to the mutual aid fees notified pursuant to paragraph (4), he or she may file an objection with the Mutual Aid Association in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (6) | The Minister of Education or the superintendent of education may take measures necessary for correcting violations, such as an order to pay mutual aid fees, against a mutual aid member who fails to fulfill the obligation to pay mutual aid fees under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted on Jan. 20, 2015> |
| Article 50 (Notice of Payment of Mutual Aid Fees) |
| (1) | A mutual aid association shall notify the mutual aid subscribers of the payment of mutual aid fees calculated pursuant to Article 49 in accordance with the procedures and methods prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| (2) | The notification of payment of mutual aid fees under paragraph (1) shall include the following matters: |
| 1. | Amount of mutual aid fees; |
| (3) | Necessary matters concerning the receipt of mutual aid fees, such as the deadline for payment, methods of payment, procedures for payment, etc. of mutual-aid fees shall be prescribed by Ordinance of the Ministry of Education. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| Article 51 (Bearing of Mutual Aid Fees by State) |
| (1) | The mutual aid fees for the beneficiaries falling under any of the following subparagraphs (referring to the beneficiaries who are students in cases falling under subparagraphs 1 and 2) shall be borne by the State or a local government: <Amended on Jul. 27, 2007; May 19, 2011; Aug. 4, 2011; Sep. 15, 2011; Jan. 5, 2021; Mar. 23, 2021> |
| 3. | Participants in Educational Activities under subparagraph 5 of Article 2. |
| (2) | The State or local governments may bear mutual aid fees for beneficiaries who are students within budgetary limits. |
| (3) | Expenses incurred in medical treatment, etc. of victim students of school violence under Article 18 (1) 2-2 shall be borne by the State or a local government. <Newly Inserted on Mar. 21, 2012> |
CHAPTER VIII SCHOOL SAFETY MUTUAL AID AND ACCIDENT PREVENTION FUND
| Article 52 (Establishment and Creation of Fund) |
| (1) | The superintendent of education shall establish a School Safety Mutual Aid and Accident Prevention Fund (hereinafter referred to as the "Fund") to secure financial resources necessary for school safety mutual aid projects and school safety accident prevention projects and to appropriate them for mutual aid benefits. |
| (2) | The Fund shall be raised from revenues from mutual aid fees, subsidies from the State and local governments, subsidies from local governments, revenues from the operation of the Fund, reserves, surplus from the settlement of accounts, borrowings, donations, and other revenues. |
| (1) | The Fund shall be used for the following purposes: <Amended on Mar. 21, 2012; Mar. 23, 2021> |
| 1. | Payment of mutual aid benefits; |
| 2. | Financial support for a mutual aid association; |
| 3. | Repayment of loans and interest; |
| 4. | Projects for investigation, research, and public relations on school safety mutual aid policies and projects for prevention of and educational support for accidents at schools; |
| 5. | Payment of expenses incurred in relation to medical expenses, etc. for victim students of school violence under Article 18 (1) 2-2; |
| 6. | Other projects prescribed by Presidential Decree in relation to the prevention of accidents at schools and school safety mutual aid. |
| (2) | The standards, procedures, methods, etc. for the enforcement of paragraph (1) 5 shall be prescribed by Ordinance of the Ministry of Education. <Newly Inserted on Mar. 21, 2012; Mar. 23, 2013> |
| Article 54 (Management and Operation of Fund) |
| (1) | The Fund shall be managed and operated by a mutual aid association. |
| (2) | A mutual aid association shall manage and operate the Fund in accordance with the following methods: <Amended on Mar. 23, 2021> |
| 1. | Depositing and money trust in financial institutions or postal service offices; |
| 2. | Purchase of beneficiary certificates by investment trust, etc.; |
| 3. | Purchase of securities issued directly by the State, a local government, or a financial institution or guarantees the performance of debts; |
| 4. | Other projects prescribed by Presidential Decree for the increase of the Fund. |
| (3) | A mutual aid association shall manage the accounting of the Fund in accordance with the principles of corporate accounting. <Amended on Dec. 18, 2018> |
| Article 55 (Fund Operation Plans) |
A mutual aid association shall formulate a fund operation plan for each business year as prescribed by the Minister of Education and obtain approval from the superintendent of education. <Amended on Feb. 29, 2008; Mar. 23, 2013>
| Article 56 (Surplus, Losses, and Borrowings) |
| (1) | When a surplus accrues at the settlement of accounts of the Fund, it shall be appropriated as a reserve, and when any loss accrues at the settlement of accounts, the reserve may be used. |
| (2) | The superintendent of education may borrow or temporarily borrow from financial institutions, etc. in accordance with the procedures and methods prescribed by Presidential Decree when a temporary shortage of funds arises while operating the Fund. In such cases, the temporary loan shall be repaid within the relevant business year. <Amended on Dec. 18, 2018; Mar. 23, 2021> |
CHAPTER IX REQUESTS FOR EXAMINATION AND REQUESTS FOR REVIEW
| Article 57 (Filing of Request for Examination) |
| (1) | Any person who are dissatisfied with a decision on mutual aid benefits made by a mutual aid association may file a request for examination with the School Safety Mutual Aid Compensation Examination Committee under Article 58. <Amended on Mar. 23, 2021> |
| (2) | Application for examination under paragraph (1) shall be filed within 90 days from the date on which he or she becomes aware of a decision on mutual aid benefits: Provided, That the period during which he or she is unable to file an application for examination due to a natural disaster, a war, an incident, or any other force majeure event shall be excluded from the period for filing an application for examination. <Amended on Mar. 23, 2021> |
| (3) | Matters necessary for the request for examination under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 58 (School Safety Mutual Aid Compensation Examination Committee) |
| (1) | A school safety mutual aid compensation examination committee (hereinafter referred to as the "examination committee") shall be established in a mutual aid association to deliberate on and decide on applications for examination under Article 57. |
| (2) | The examination committee shall be comprised of not less than nine but not more than 15 members, including one chairperson. |
| (3) | The chairperson of a examination committee shall be appointed by the superintendent of education from among its members, and members shall be appointed or commissioned by the superintendent of education from among the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| 1. | A person who has served or is serving as a State public official of Grade V or higher (including public officials belonging to the Senior Executive Service and school supervisors) or a local public official; |
| 2. | A person who is licensed as an attorney at law; |
| 3. | A person who is licensed as a medical specialist; |
| 4. | A person who has at least 5 years' work experience in the field of insurance business, such as a certified damage adjuster, etc.; |
| 5. | A person who holds office at least 10 years of educational experience as a person who holds office at any school level equivalent to or lower than high school level and has at least 10 years of educational experience; |
| 6. | A person who holds or is holding an assistant professor or higher position at a university or college; |
| 7. | Parents' representatives; |
| 8. | Other persons prescribed by Ordinance of the Ministry of Education, who have qualifications equivalent to those referred to in subparagraphs 1 through 5, as prescribed by Ordinance of the Ministry of Education. |
| (4) | The term of office of each member of a examination committee shall be 2 years and may be renewed consecutively. |
| (5) | Matters necessary for the operation, etc. of a examination committee shall be prescribed by Presidential Decree. |
| Article 59 (Deliberation and Decision on Request for Examination) |
| (1) | A examination committee shall make a decision on a request for review within 60 days from the date of receipt of the request for review under Article 57: Provided, That where it is impossible to make a decision within such period due to any unavoidable cause, the examination committee may extend the period only once by up to one month. <Amended on Mar. 23, 2021> |
| (2) | Where deemed necessary to deliberate on a request for examination, a examination committee may perform the following acts at the request of the applicant for examination or ex officio: <Amended on Mar. 23, 2021> |
| 1. | Having a person who has filed an application for examination or a person concerned appear at a designated place to ask questions or state his or her opinion; |
| 2. | Having a person who has filed an application for examination or a person concerned submit documents or other articles that may serve as evidence; |
| 3. | Having a person who has professional knowledge or experience conduct an appraisal or diagnosis. |
| Article 60 (Effect of Decision) |
Where a examination committee has made a decision, if the applicant for review fails to file a request for reexamination or a lawsuit related to mutual aid benefits within the period prescribed in Article 61 (2) or withdraws the request for reexamination or the lawsuit filed within the period prescribed in Article 61 (2), a mutual aid association and the applicant for review shall be deemed to have reached an agreement identical with the details of the relevant decision. <Amended on Dec. 18, 2018>
| Article 61 (Filing of Request for Reexamination) |
| (1) | Any person who are dissatisfied with a decision on a request for examination under Article 59 (1) may file an application for reexamination with the School Safety Mutual Aid Compensation Reexamination Committee under Article 62. <Amended on Mar. 23, 2021> |
| (2) | The application for reexamination under paragraph (1) shall be filed within 90 days from the date an authentic copy of the written decision on the application for reexamination is served on the applicant for reexamination. In such cases, the period during which the applicant for reexamination cannot file a request for reexamination due to any cause not attributable to the applicant for reexamination, such as a natural disaster, a war, an accident, or any act of God, shall be excluded from the period for filing a request for reexamination. <Amended on Mar. 23, 2021> |
| Article 62 (School Safety Mutual Aid Compensation Reexamination Committee) |
| (1) | The School Safety Mutual Aid Compensation Reexamination Committee (hereinafter referred to as the "Reexamination Committee") shall be established under the Insurance Federation to deliberate and adjudicate on applications for reexamination under Article 61. |
| (2) | The Reexamination Committee shall be comprised of not less than 9 but not more than 15 members, including one chairperson. |
| (3) | The chairperson of the Reexamination Committee shall be appointed by the Minister of Education from among its members, and members of the Reexamination Committee shall be appointed or commissioned by the Minister of Education from among the following persons: <Amended on Feb. 29, 2008; Mar. 23, 2013; Mar. 23, 2021> |
| 1. | A person who has served or is serving as a State public official of Grade II or higher (including public officials who are members of the Senior Executive Service and school supervisors) or a local public official; |
| 2. | A person who is licensed as an attorney at law; |
| 3. | A person who is licensed as a medical specialist; |
| 4. | A person who has at least 10 years' work experience in the field of insurance business, such as a certified damage adjuster, etc.; |
| 5. | A person who holds office at least 15 years of educational experience as a person who holds office at any school level equivalent to or lower than high school level and has at least 10 years of educational experience; |
| 6. | A person who holds or is holding an associate professor or higher position at a university or college; |
| 7. | Parents' representatives; |
| 8. | Other persons prescribed by Ordinance of the Ministry of Education, who have qualifications equivalent to those referred to in subparagraphs 1 through 5, as prescribed by Ordinance of the Ministry of Education. |
| (4) | The term of office of each member of the Examination Committee shall be 2 years and may be renewed consecutively. |
| (5) | Matters necessary for the operation, etc. of the Reexamination Committee shall be prescribed by Presidential Decree. |
| Article 63 (Deliberation and Ruling on Application for Reexamination) |
Article 59 shall apply mutatis mutandis to the examination and adjudication on a petition for reexamination. In such cases, "Examination Committee" shall be construed as "Reexamination Committee," "petition for examination" as "petition for reexamination," "applicant for examination" as "applicant for reexamination," and "decision" as "adjudication," respectively.
| Article 64 (Effect of Adjudication) |
Where a person who is dissatisfied with an adjudication on a petition for reexamination under Article 63 fails to file a lawsuit related to mutual aid benefits within 60 days from the date he or she receives an authentic copy of the written adjudication of the Reexamination Committee, or withdraws such lawsuit, a mutual aid association and the petitioner for reexamination shall be deemed to have reached an agreement identical with the details of the relevant adjudication. <Amended on May. 29, 2016; Dec. 18, 2018; Mar. 23, 2021> [This Article Amended by Act No. 14161, which was declared unconstitutional by the Constitutional Court on Jul. 30, 2015]
CHAPTER X SUPPLEMENTARY PROVISIONS
| Article 65 (Prescription) |
| (1) | The extinctive prescription of the right to collect mutual aid fees and to receive mutual aid benefits of an eligible beneficiary shall expire if it is not exercised 3 three years. |
| (2) | Except as otherwise expressly provided for in this Act, the provisions of the Civil Act shall apply to the extinctive prescription under paragraph (1). <Amended on Mar. 23, 2021> |
| Article 66 (Service of Documents) |
| Article 67 (Request for Provision of Data) |
| (1) | A mutual aid association may request the heads of schools, health care institutions, etc. to provide data necessary for operating the school safety mutual aid projects to the heads of schools, health care institutions, etc. |
| (2) | The heads of schools, health care institutions, etc. in receipt of a request to provide data pursuant to paragraph (1) shall faithfully comply with such request. <Amended on Mar. 23, 2021> |
| Article 68 (Request for Medical Examination) |
A mutual aid association may, if deemed necessary for the determination, etc. of mutual aid benefits, have the beneficiary undergo medical examination at a medical institution designated by the mutual aid association.
| Article 69 (Maintenance of Confidentiality) |
No person who is or was engaged in any of the following positions or any person who is or was engaged in such position shall divulge any confidential information he or she has become aware of in the course of performing his or her duties: <Amended on Mar. 23, 2021>
| 1. | Executive officers and employees of a mutual aid association and Insurance Federation; |
| 2. | Members of the Examination Committee and Reexamination Committee. |
CHAPTER XI PENALTY PROVISIONS
| Article 70 (Legal Fiction as Public Officials in Application of Penalty Provisions) |
The executive officers and employees of a mutual aid association and the Insurance Federation, and the members of the Examination Committee and the Reexamination Committee shall be deemed public officials for the purposes of Articles 129 through 132 of the Criminal Act. <Amended on Mar. 23, 2021>
| Article 71 (Penalty Provisions) |
| (1) | Article 69 shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. <Amended on Feb. 3, 2016> |
| (2) | Any person who receives mutual aid benefits pursuant to Article 41 by fraud or other improper means shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won. <Newly Inserted on Feb. 3, 2016> |
| Article 72 (Administrative Fines) |
| (1) | Any person who uses the name "school safety mutual aid association," "school safety insurance federation," or any other similar name in violation of Article 26 (including cases applied mutatis mutandis pursuant to Article 33) shall be subject to an administrative fine not exceeding 5 million won. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 500,000 won: |
| 1. | A person who interferes with an investigation or refuses to submit data, in violation of Article 42 (4); |
| 2. | Any person who fails to give notice under Article 44 (2) or gives false notice; |
| 3. | A person who refuses or fails to provide data under Article 67 (1) without good cause. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the superintendent of education, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 18, 2018]
| Article 73 Deleted. <Dec. 18, 2018> |
ADDENDA <Act No. 8267, Jan. 26, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2007.
Article 2 (Preparation for Establishment of Mutual Aid Association)
| (1) | The superintendent of education shall commission not more than 5 incorporators before this Act enters into force and have them handle affairs concerning the establishment of a mutual aid association before this Act enters into force. |
| (2) | The incorporators shall prepare the articles of incorporation of a mutual aid association and obtain authorization from the superintendent of education before this Act enters into force. |
| (3) | When the incorporators have obtained authorization of the articles of incorporation pursuant to paragraph (2), they shall, without delay, register the establishment under their joint signatures and transfer their duties to the chairperson of a mutual aid association. |
| (4) | Notwithstanding Article 20 (2), directors at the time of establishment of a mutual aid association shall be appointed by the superintendent of education from among the principals of schools, representatives of parents, and persons falling under any of the subparagraphs of that paragraph. |
| (5) | The incorporators shall be deemed to have been dismissed when they transfer their duties to the chief director of a mutual aid association pursuant to paragraph (3). |
Article 3 (Transitional Measures concerning School Safety Mutual Aid Subscribers)
The head of a school, etc. who has joined as a member of the School Safety Mutual Aid Association (hereinafter referred to as the "School Safety Mutual Aid Association") an incorporated association established pursuant to the provisions of the Civil Act and operated by the superintendent of education for each jurisdiction as at the time this Act enters into force shall be deemed to have joined the School Safety Mutual Aid Association under this Act. Article 4 (Transitional Measures concerning School Safety Mutual Aid Association as Incorporated Association)
| (1) | The School Safety Mutual Aid Association, an incorporated association, shall be dissolved following a resolution of the board of directors before this Act enters into force: Provided, That the dissolution shall take effect simultaneously with the establishment of the Mutual Aid Association. |
| (2) | A mutual aid association shall comprehensively succeed to all rights and obligations of the School Safety Mutual Aid Association, an incorporated association dissolved pursuant to paragraph (1). |
| (3) | The employees of the School Safety Mutual Aid Association, an incorporated association dissolved pursuant to paragraph (1), shall be deemed the employees of the Mutual Aid Association under this Act. |
Article 5 (Special Cases concerning Calculation of Mutual Aid Contributions)
Notwithstanding the provisions of Article 49 (3), the Minister of Education and Human Resources Development may reflect the results of payment of mutual aid benefits, operating expenses, etc. of the School Safety Mutual Aid Association, an incorporated association, in determining the standards for calculating mutual aid fees for 4 years after this Act enters into force.
ADDENDA <Act No. 8366, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That... <omitted> ...the Amended provision of Article 20 (17) shall enter into force on September 1, 2007.
ADDENDA <Act No. 8566, Jul. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That...(Omitted)...the amended parts among the statutes amended under Addenda 6 that were promulgated before the enforcement of this Act but their enforcement dates have yet to arrive shall enter into force on their respective enforcement dates of the relevant statute.
ADDENDUM <Act No. 10090, Mar. 17, 2010>
This Act shall enter into force on June 1, 2010.
ADDENDUM <Act No. 10641, May 19, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11029, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11042, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on Jul. 1, 2012.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
ADDENDA <Act No. 1121, Jan. 26, 2012>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 5 (1) shall enter into force on July 1, 2012.
ADDENDA <Act No. 11387, Mar. 21, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on April 1, 2012.
Article 2 (Transitional Measures concerning Article 58 of the National Health Insurance Act)
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
ADDENDUM <Act No. 12573, May. 14, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13005, Jan. 20, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 13947, Feb. 3, 2016>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 8 (1) shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14161, May 29, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 15966, Dec. 18, 2018>
This Act shall enter into force on the date of its promulgation: Provided, That the amended provision of Article 72 shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 16340, Apr. 23, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 16678, Dec. 3, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 17883, Jan. 5, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM <Act No. 17954, Mar. 23, 2021>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 18463, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases concerning Payment of Nursing Fees and Incidental Expenses)
The amended provisions of Article 36 (4) 3 and (5) shall also apply to nursing fees and incidental expenses incurred in connection with nursing from the date this Act is promulgated to the date this Act enters into force.