ASBESTOS INJURY RELIEF ACT
Act No. 10155, Mar. 22, 2010
Amended by Act No. 10193, Mar. 31, 2010
Act No. 11141, Dec. 31, 2011
Act No. 12461, Mar. 18, 2014
Act No. 13165, Feb. 3, 2015
Act No. 14488, Dec. 27, 2016
Act No. 15098, Nov. 28, 2017
Act No. 16272, Jan. 15, 2019
Act No. 17326, May 26, 2020
Act No. 17842, Jan. 5, 2021
Act No. 18913, Jun. 10, 2022
Act No. 20383, Mar. 19, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to redress adverse health effects caused by asbestos in a prompt and fair manner by establishing measures to pay benefits to persons who have suffered adverse health effects caused by asbestos and to the bereaved family members of such persons.
The terms used in this Act are defined as follows: <Amended on May 26, 2020>
| 1. | The term "asbestos" means a substance prescribed by Decree of the Ministry of Environment, among naturally occurring silicate minerals in a fibrous form; |
| 2. | The term "asbestos-related disease" means a disease caused by the inhalation of asbestos, including primary malignant mesothelioma, primary lung cancer, asbestosis, and any other disease prescribed by Presidential Decree; |
| 3. | The term "bereaved family member" means the spouse (including a person who is in a de facto marital relationship) or a child, parent, grandchild, grandparent, or sibling of the deceased; |
| 4. | The term "employee" means an employee under Article 2 of the Labor Standards Act; |
| 5. | The term "remuneration" means the amount obtained by deducting money and valuables prescribed by Presidential Decree from earned income under Article 20 of the Income Tax Act. |
| Article 3 (Scope of application) |
This Act must not apply to a person who is eligible for benefits, etc. under statutes or regulations prescribed by Presidential Decree, including the Industrial Accident Compensation Insurance Act. <Amended on May 26, 2020>
| Article 4 (Responsibilities of the State) |
| (1) | The State shall establish and implement comprehensive policy measures to promptly provide relief to persons suffering adverse health effects caused by asbestos. |
| (2) | A local government shall actively cooperate in the State's policy measures to provide relief to persons suffering adverse health effects caused by asbestos and shall make efforts for the identification, monitoring, and other related activities regarding such persons within its jurisdiction. |
CHAPTER II RELIEF BENEFITS
| Article 5 (Kinds of relief benefits) |
The types of benefits payable to redress adverse health effects caused by asbestos exposure (hereinafter referred to as "relief benefits") shall be as follows: <Amended on Jan. 5, 2021>
| 1. | Medical care benefits; |
| 2. | Allowances for medical care and living costs; |
| 4. | Special consolation for bereaved family members and special funeral expenses; |
| 5. | Relief benefit adjustment payments. |
| Article 6 (Application for recognition as asbestos victim) |
| (1) | A person who intends to receive relief benefits under subparagraph 1 or 2 of Article 5 shall obtain recognition as an asbestos victim to the effect that he or she has contracted an asbestos-related disease due to asbestos exposure in the Republic of Korea (hereinafter referred to as “recognition as an asbestos victim”) from an environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief (hereinafter referred to as "committee"). <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (2) | A person who seeks recognition as an asbestos victim shall file an application with the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his or her domicile, along with medical opinions on the asbestos-related disease and other matters prescribed by Decree of the Ministry of Environment. <Amended on Nov. 28, 2017; May 26, 2020> |
| (3) | Upon receipt of an application under paragraph (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall, without delay, request the competent committee to decide whether to recognize the applicant as an asbestos victim. In such cases, the head of the Si/Gun/Gu shall notify the competent Special Self-Governing City Mayor, Metropolitan City Mayor, or Do Governor of such request. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (4) | Upon receipt of a request under paragraph (3), the competent committee shall decide whether to grant recognition as an asbestos victim to the applicant and determine his or her grade of injury, etc. in accordance with the criteria for recognition as an asbestos victim prescribed by Presidential Decree within 60 days; provided, the period for decision-making may be extended by up to 30 days, if it is impracticable to decide whether to recognize the applicant as an asbestos victim within 60 days due to good cause such as medical circumstances that make determination impracticable. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (5) | When a committee extends the period for deciding whether to grant recognition as an asbestos victim under the proviso of paragraph (4), it shall notify the extension to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of the competent Si/Gun/Gu, as well as the applicant, clearly stating reasons therefor, before the period under the main clause of paragraph (4) expires. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (6) | When a committee decides to grant recognition as an asbestos victim, it shall issue the applicant an asbestos victim medical booklet and register and manage him or her, as prescribed by Decree of the Ministry of Environment; and no person who has been issued such booklet shall transfer or lend it to any other person. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (7) | Other matters necessary for the procedures and methods for the recognition as an asbestos victim, the contents and form of asbestos victim medical booklets, and other relevant details shall be prescribed by Decree of the Ministry of Environment. |
| (8) | Support may be provided to cover all or part of the expenses incurred for medical examinations, tests, or other related procedures for recognition as an asbestos victim to a person who has been granted recognition as an asbestos victim or a person prescribed by Presidential Decree. <Amended on May 26, 2020> |
| (9) | Conditions and the amount of, and the procedure for, the support under paragraph (8) shall be prescribed by Decree of the Ministry of Environment. |
| Article 7 (Period of validity of recognition as asbestos victim) |
| (1) | The period of validity of the recognition as an asbestos victim shall be prescribed by Presidential Decree, taking into consideration each type of asbestos-related disease, the applicable grade of injury, and other factors. |
| (2) | A person granted recognition as an asbestos victim (hereinafter referred to as "recognized victim") who continues to suffer from his or her asbestos-related disease or any sequelae prescribed by Presidential Decree during the period of validity under paragraph (1), may file an application for renewal of such period with the competent committee no later than 1 month before the expiration of the period. In such cases, Article 6 (2) and (3) shall apply mutatis mutandis to the procedures for renewal. <Amended on Jan. 5, 2021; Mar. 19, 2024> |
| (3) | Upon receipt of an application under paragraph (2), the competent committee may renew the relevant recognition as an asbestos victim. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (4) | If the competent committee determines that a recognized person has recovered from his or her asbestos-related disease or any sequelae under paragraph (2), it may revoke the recognition as an asbestos victim. <Amended on Nov. 28, 2017; Jan. 5, 2021; Mar. 19, 2024> |
| (5) | The amount of relief benefits payable to a recognized victim upon renewal of the period of validity of the recognition as an asbestos victim shall be prescribed by Presidential Decree. |
| (6) | When a committee renews or revokes the recognition as an asbestos victim, it shall notify the result to the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, and the recognized victim and an institution entrusted with the tasks regarding the payment of relief benefits under Article 51. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (7) | Other necessary matters concerning the renewal and cancellation of recognition as an asbestos victim shall be prescribed by Decree of the Ministry of Environment. |
| Article 8 Deleted. <Mar. 19, 2024> |
| Article 9 (Medical care benefits) |
| (1) | Medical care benefits shall be paid to each recognized victim. |
| (2) | Medical care benefits under paragraph (1) shall be prescribed by Presidential Decree according to the grade of injury of a recognized victim within the maximum amount payable by the victim under Article 44 of the National Health Insurance Act or Article 10 of the Medical Benefit Act, from expenses incurred for the treatment of an asbestos-related disease at a medical institution upon presentation of the relevant asbestos victim medical booklet. <Amended on Dec. 31, 2011> |
| (3) | Notwithstanding paragraph (2), medical care benefits shall be paid even if a recognized victim has received medical treatment for his or her asbestos-related disease without presenting the asbestos victim medical booklet, in cases recognized by Decree of the Ministry of Environment. |
| (4) | No application for the payment of medical care benefits may be filed 3 years after the date a person becomes eligible to file the application. <Amended on May 26, 2020> |
| (5) | A decision to pay medical care benefits shall take effect retroactively from the date the relevant person was diagnosed with an asbestos-related disease. <Amended on Jan. 5, 2021> |
| Article 10 (Allowances for medical care and living costs) |
| (1) | An allowance for medical care and living costs shall be paid to a recognized victim. |
| (2) | The amount of an allowance for medical care and living costs shall be prescribed by Presidential Decree according to the type of the relevant asbestos-related disease and the applicable grade of injury, taking into consideration expenses necessary for medical treatment and care of the disease as well as living costs, in addition to medical care benefits. |
| (3) | An allowance for medical care and living costs shall be paid on a monthly basis, beginning in the month following the month in which an application for recognition as an asbestos victim under Article 6 is filed, and ending in the month in which the reason for the payment of the allowance ceases to exist. |
| (4) | No application for the payment of allowances for medical care and living costs may be filed 3 years after the date a person becomes eligible to file the application. <Amended on May 26, 2020> |
| Article 11 (Funeral expenses) |
| (1) | Funeral expenses shall be paid to the bereaved family members who conducted the funeral upon the death of a recognized victim; provided, no funeral expenses shall be paid if the death was clearly due to a cause other than an asbestos-related disease. <Amended on Dec. 27, 2016; Jan. 5, 2021> |
| (2) | The amount of funeral expenses under paragraph (1) shall be the amount prescribed by Presidential Decree. <Amended on Jan. 5, 2021> |
| (3) | No application for the payment of funeral expenses under paragraph (1) may be filed 3 years after the date of the death of a recognized victim. <Amended on May 26, 2020; Jan. 5, 2021> |
[Title Amended on Jan. 5, 2021]
| Article 12 (Special consolation payments for bereaved family members and special funeral expenses) |
| (1) | Special consolation payments for bereaved family members and special funeral expenses shall be provided to the bereaved family members of any of the following persons; provided, no such payments and expenses shall be provided, if the death was clearly due to a cause other than an asbestos-related disease: <Amended on Dec. 27, 2016; Jan. 5, 2021> |
| 1. | A person who contracted an asbestos-related disease due to asbestos exposure in the Republic of Korea and died before the enforcement of this Act; |
| 2. | A person who contracted an asbestos-related disease due to asbestos exposure in the Republic of Korea and died after the enforcement of this Act, without having filed an application for recognition as an asbestos victim; |
| 3. | A person who contracted an asbestos-related disease due to asbestos exposure in the Republic of Korea and died before receiving recognition as an asbestos victim under this Act, despite having filed an application for such recognition. |
| (2) | The amount of special consolation payments for bereaved family members under paragraph (1) shall be prescribed by Presidential Decree, taking into consideration the expenses for the medical treatment of the asbestos-related disease, the amount of relief benefits under Article 7 (5), and the amount of allowances for medical care and living costs under Article 10. |
| (3) | The amount of the special funeral expenses referred to in paragraph (1) shall be the same as that of the funeral expenses under Article 11. <Amended on Jan. 5, 2021> |
| (4) | No application for the provision of special consolation payments for bereaved family members and special funeral expenses (hereinafter referred to as "special consolation payments, etc. for bereaved family members") for a person specified in paragraph (1) 1 may be filed after the enforcement date of this Act; and no application for such provision for a person specified in paragraph (1) 2 or 3 may be filed 15 years after the date of the death of the person. <Amended on May 26, 2020; Jan. 5, 2021> |
[Title Amended on Jan. 5, 2021]
| Article 13 (Scope and order of priority of bereaved family members eligible for special consolation payments for bereaved family members) |
| (1) | Bereaved family members eligible for special consolation payments, etc. for bereaved family members shall be limited to those who shared a livelihood with any person specified in the subparagraphs of Article 12 (1) at the time of such person’s death. <Amended on May 26, 2020> |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members eligible for special consolation payments for bereaved family members. In such cases, "accrued medical care benefits and allowances" shall be construed as "special consolation payments, etc. for bereaved family members". |
| Article 14 (Special recognition as bereaved family members) |
| (1) | A person who intends to receive special consolation payments, etc. for bereaved family members under Article 12 (1) shall file for recognition with the competent committee (hereinafter referred to as "special recognition as bereaved family members"), along with documents stating medical opinions on the asbestos-related disease and other matters prescribed by Decree of the Ministry of Environment; and Article 6 (2) through (5) shall apply mutatis mutandis to the procedures for such recognition. In such cases, "recognition as an asbestos victim" shall be construed as "special recognition as bereaved family members". <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (2) | Other matters necessary for the procedures for, and the methods of, special recognition as bereaved family members shall be prescribed by Decree of the Ministry of Environment. |
| Article 15 (Relief benefit adjustment payments) |
| (1) | If a recognized victim dies and the total sum of medical care benefits and the allowance for medical care and living costs paid for the asbestos-related disease is smaller than the amount of special consolation for bereaved family members under Article 12 (2), an amount calculated by subtracting the aforesaid total sum from the amount of special consolation for bereaved family members shall be paid as the relief benefit adjustment payments to bereaved family members who were sharing a livelihood with the deceased at the time of the recognized victim’s death; provided, the amount shall not be paid if the recognized victim has died of a cause clearly other than an asbestos-related disease: <Amended on Dec. 27, 2016> |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members eligible for relief benefit adjustment payments. In such cases, "accrued medical care benefits and allowances" shall be construed as "relief benefit adjustment payments". |
| (3) | No application for the provision of relief benefit adjustment payments under paragraph (1) may be filed 3 years after the date of the recognized victim’s death. <Amended on May 26, 2020> |
| Article 16 (Request for relief benefit payment and for payment decision) |
| (1) | A person who intends to receive relief benefits under Articles 9 through 12 and 15 shall request the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over his or her domicile to pay such benefits, as prescribed by Decree of the Ministry of Environment. Article 6 (2) and (3) shall apply mutatis mutandis the procedures for the payment request. <Amended on May 26, 2020; Mar. 19, 2024> |
| (2) | Upon receipt of a request for a decision on the payment of relief benefits under paragraph (1), the competent committee shall decide whether to pay such benefits within 14 days; provided, if it is impracticable to do so within 14 days, the period may be extended by 14 days with notice of the grounds for the extension. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (3) | Deleted. <Mar. 19, 2024> |
| (4) | When the payment of relief benefits is decided, the competent committee shall notify the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, the recognized victim, and an institution entrusted with the payment of such benefits under Article 51 of the decision, and shall report the decision to the Minister of Environment. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
[Title Amended on Mar. 19, 2024].
| Article 17 (Payment of relief benefits) |
| (1) | Relief benefits shall be paid by the Minister of Environment through the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu within 30 days from the date the competent committee notifies its decision on such payment, and shall be borne by the Asbestos Injury Relief Fund under Article 24, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu, in accordance with the ratio prescribed by Presidential Decree. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (2) | The procedure for the payment of relief benefits and other necessary matters shall be prescribed by Presidential Decree. |
| Article 18 (Accrued medical care benefits and allowances) |
| (1) | Medical care benefits under Article 9 and allowances for medical care and living costs under Article 10 (hereinafter referred to as "medical care benefits and allowances") that were unpaid to a person entitled to receive them (hereinafter referred to as "beneficiary") at the time of the beneficiary’s death, shall be paid upon request by bereaved family members who shared a livelihood with the beneficiary at the time of death. <Amended on May 26, 2020> |
| (2) | The order of priority of persons eligible to receive payment of accrued medical care benefits and allowances under paragraph (1) shall be the deceased's spouse (including a person in a de facto marital relationship), children, parents, grandchildren, grandparents, and siblings, in that order. <Amended on May 26, 2020> |
| (3) | If at least 2 bereaved family members eligible to receive payment of accrued medical care benefits and allowances under paragraph (1) fall within the same order of priority, such benefits and allowances shall be paid to them in equal shares. |
| (4) | No claim for the payment of accrued medical care benefits and allowances under paragraph (1) may be filed 3 years after the date of the beneficiary’s death. <Amended on May 26, 2020> |
| Article 19 (Restrictions on payment of medical care benefits) |
| (1) | If a recognized victim is deemed to have aggravated his or her disease or interfered with its treatment by intention or gross negligence, the competent committee may decide to fully or partially discontinue the payment of medical care benefits and allowances. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (2) | Upon deciding to discontinue the payment of medical care benefits and allowances under paragraph (1), the competent committee shall, without delay, notify its decision to the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, the president of the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the "Technology Institute"), and the relevant recognized victim. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (3) | Matters necessary for restrictions on the payment of medical care benefits and allowances shall be prescribed by Decree of the Ministry of Environment. |
| Article 20 (Relationship to other compensation or indemnification) |
If a person eligible to receive the payment of relief benefits under this Act has received money and valuables equivalent to such benefits on the same grounds under the Civil Act or any other statute or regulation, relief benefits under this Act must not be paid to the extent of the amount calculated by converting the money and valuables already received according to the method prescribed by Presidential Decree.
| Article 21 (Collection of unjust enrichment) |
| (1) | If a person who has received relief benefits falls under any of the following categories, the Minister of Environment shall collect the amount of the benefits (referring to twice the amount in the case of subparagraph 1) and shall deposit the collected amount into the Asbestos Injury Relief Fund under Article 24: <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| 1. | Where the person has received relief benefits by fraud or other improper means; |
| 2. | Where relief benefits have otherwise been erroneously paid. |
| (2) | When the Minister of Environment collects relief benefits under paragraph (1), if the person liable to pay fails to pay by the deadline, the Minister may collect the amount in the same manner as delinquent national taxes are compulsorily collected. In such cases, an institution entrusted with the collection of unjust enrichment under Article 51 (2) 2 may collect relief benefits in the same manner as delinquent national taxes are compulsorily collected with approval from the Minister of Environment. <Added on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (3) | Matters necessary for the methods of collecting unjust enrichment and other relevant details shall be prescribed by Decree of the Ministry of Environment. <Amended on Nov. 28, 2017> |
| Article 22 (Protection of benefit entitlement) |
The right to receive relief benefits under this Act must not be transferred, seized, or provided as security.
| Article 23 (Exemption from public charges) |
Neither the State nor a local government shall impose any public charges on money and valuables paid or provided as relief benefits.
CHAPTER III ASBESTOS INJURY RELIEF FUND
| Article 24 (Establishment and formation of Fund) |
| (1) | The Minister of Environment shall establish the Asbestos Injury Relief Fund (hereinafter referred to as the "Fund") to cover expenses incurred in paying relief benefits under this Act. |
| (2) | The Fund shall be formed from the following sources: |
| 1. | Asbestos injury relief contributions under Article 31; |
| 2. | Additional charges under Article 34 and other amounts of money collected under this Act; |
| 3. | Unjust enrichment collected under Article 21; |
| 4. | Income generated from the operation of the Fund; |
| 6. | Surplus from the Fund’s settlement; |
| 7. | Contributions and donations from the Government or any other person; |
| 8. | Contributions from other Funds; |
| (3) | The Government shall contribute to the Fund every fiscal year for the payment of relief benefits under this Act, as prescribed by Presidential Decree. |
The Fund shall be used for the following purposes: <Amended on Nov. 28, 2017; Jan. 5, 2021>
| 1. | Payment of relief benefits under this Act; |
| 2. | Repayment of principal and interest on borrowings; |
| 3. | Contributions to the Technology Institute for personnel expenses, operating expenses, and other related costs; |
| 4. | Subsidies and contributions to persons to whom business affairs are delegated or entrusted under Article 51; |
| 5. | Expenses necessary for the formation, management, and operation of the Fund; |
| 6. | Projects for the prevention of asbestos injuries; |
| 7. | Expenses necessary for conducting duties of environmental health centers for asbestos under Article 47-2 (1); |
| 8. | Expenses necessary for the establishment and operation of the asbestos injury relief system under Article 47-5; |
| 9. | Other expenses prescribed by Presidential Decree as necessary for the enforcement of this Act. |
| Article 26 (Management and operation of Fund) |
| (1) | The Fund shall be managed and operated by the Minister of Environment. |
| (2) | The Minister of Environment shall manage and operate the Fund in accordance with the following methods: |
| 1. | Deposits and money trusts with financial institutions or postal service offices; |
| 2. | Deposits in fiscal funds; |
| 3. | Purchase of beneficiary certificates of investment trusts or similar; |
| 4. | Purchase of securities issued directly or guaranteed for payment of debts by the State, local governments, or financial institutions; |
| 5. | Other projects prescribed by Presidential Decree for the growth of the Fund. |
| (3) | When the Minister of Environment manages and operates the Fund under paragraph (2), the Minister shall ensure that the returns reach or exceed the level prescribed by Presidential Decree. |
| (4) | The Minister of Environment shall apply the principles of corporate accounting to the accounting for the Fund. |
| (5) | The Minister of Environment may entrust the Technology Institute with part of the tasks related to the management and operation of the Fund. <Amended on Nov. 28, 2017> |
| Article 27 (Fund operation plans) |
The Minister of Environment shall formulate a Fund operation plan each fiscal year.
| Article 28 (Appropriation of surplus and disposition of loss) |
| (1) | Any surplus generated in the settlement of accounts of the Fund shall be accumulated as reserves. |
| (2) | If a loss is incurred in the settlement of accounts of the Fund, the reserves may be used to cover the loss. |
| (1) | If necessary for the payment of expenses for the Fund, borrowings may be made at the expense of the Fund. |
| (2) | If there is a cash shortfall in the Fund, temporary borrowings may be made at the expense of the Fund. |
| (3) | Temporary borrowings under paragraph (2) shall be repaid within the same fiscal year. |
| Article 30 (Receipt and disbursement of Fund) |
Matters regarding the procedures for the receipt and disbursement of the Fund and other relevant details related to its management and operation, shall be prescribed by Presidential Decree.
| Article 31 (Asbestos injury relief contributions) |
| (1) | The Minister of Environment shall collect contributions for asbestos injury relief contributions (hereinafter referred to "contributions") from the following persons and deposit contributions to the Fund, as prescribed by Presidential Decree, in order to secure financial resources for the payment of relief benefits under this Act: |
| 1. | Employers of all businesses or places of business for which an industrial accident compensation insurance relationship has been established under the Industrial Accident Compensation Insurance Act (hereinafter referred to as "employers"); |
| 2. | Other persons prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1) 1, the obligation to pay contributions shall be exempted for the following employers: |
| 1. | Employers with fewer than 20 regular employees (excluding those in the construction industry); |
| 2. | Construction work not subject to application of Article 8 (1) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act"). |
| (3) | The method of calculating the number of regular employees under paragraph (2) 1 shall be prescribed by Presidential Decree. |
| Article 32 (Calculation of contributions) |
| (1) | The amount of the contributions under Article 31 (1) shall, in the case of subparagraph 1 of that paragraph, be calculated by multiplying the total sum of remuneration that serves as the basis for calculating insurance premiums under Article 13 (5) and (6) of the Insurance Premium Collection Act (referring to the total sum of average monthly remuneration of all employees, in cases of an employer subject to application of Article 16-2 (1) of that Act) by the rate of the asbestos injury relief contributions (hereinafter referred to as the "contribution rate"). |
| (2) | The contribution rate shall be publicly notified each year by the Minister of Environment, taking into account the following: |
| 1. | The amount of Government contributions under Article 24 (3); |
| 2. | The estimated amount of relief benefits to be paid; |
| 3. | The total sum of contributions accumulated as at the end of the previous year; |
| 4. | Other expenses necessary for the prevention and relief of injuries caused by asbestos exposure. |
| (3) | Article 9 of the Insurance Premium Collection Act regarding the uniform application to contracted projects shall apply mutatis mutandis to the collection of contributions. In such cases, "Corporation" in the proviso of Article 9 (1) of that Act shall be construed as the "Minister of Environment". |
| Article 33 (Special contribution rate for asbestos injury relief) |
| (1) | Notwithstanding the contribution rate under Article 32 (2), a special contribution rate for asbestos injury relief (hereinafter referred to as the "special contribution rate") shall apply to an employer who has established and operated a place of business where the cumulative amount of asbestos, for which permission for manufacture or use has been obtained under Article 118 (1) of the Occupational Safety and Health Act, amounts to at least 10,000 tons. <Amended on Jan. 15, 2019> |
| (2) | The total amount of contributions imposed on a place of business to which the special contribution rate applies shall not exceed the amount prescribed by Presidential Decree. |
| (3) | The method of determining the special contribution rate and other necessary matters shall be prescribed by Presidential Decree. |
| Article 34 (Application mutatis mutandis) |
Articles 16-2 through 16-11, 17 through 19, 19-2, 20, 22-2, 23, 23-2, 24, 25, 26-2, 27, 27-2, 27-3, 28, 28-2 through 28-7, 29, 29-2, 29-3, 30, 32 through 37, 39, 41 through 43, and 50 of the Insurance Premium Collection Act shall apply mutatis mutandis to the payment and collection of contributions and other amounts of money to be collected under this Act. In such cases, "insurance premiums under Article 13 (1)" or "insurance premiums" shall be construed as "contributions", the "Corporation" or the "National Health Insurance Corporation" as the "Minister of Environment (referring to the Korea Workers' Compensation and Welfare Service or the National Health Insurance Service in cases where the authority of the Minister is entrusted under Article 51 of this Act)”, "employment insurance premium rate or industrial accident compensation insurance premium rate" or "insurance premium rate" as "contribution rate", "monthly insurance premium" as "monthly contributions", "policy holder" as "employer", "estimated insurance premiums" as "estimated contributions", "insurance year" as "fiscal year", "insurance relationship" as "relationship regarding asbestos injury relief contributions", "final insurance premiums" as "final contributions", "administrative affairs for insurance" as "administrative affairs for asbestos injury relief contributions", and the "Employment Insurance Committee under Article 7 of the Employment Insurance Act or the Committee for the Deliberation on Industrial Accident Compensation Insurance and Preventive Measures under Article 8 of the Industrial Accident Compensation Insurance Act” as the "Minister of Environment". <Amended on Dec. 27, 2016>
CHAPTER IV REQUESTS FOR RE-EXAMINATION
| Article 35 (Filing of requests for re-examination) |
| (1) | A person dissatisfied with a decision or recognition with regard to any of the following matters (hereinafter referred to as "decision, etc.") may file a request for re-examination with the competent committee: <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| 1. | Matters regarding the recognition as an asbestos victim under Article 6; |
| 2. | Matters regarding the special recognition as bereaved family members under Article 14; |
| 3. | Matters regarding the decision on the payment of relief benefits under Article 16; |
| 4. | Matters regarding amounts of money collected under Article 21. |
| (2) | A request for re-examination under paragraph (1) shall be filed within 90 days from the day the relevant person becomes aware of the decision, etc.; provided, a period during which it is impossible to file such request due to a natural disaster, war, calamity, or other force majeure events shall be excluded from the re-examination request period. <Amended on May 26, 2020; Mar. 19, 2024> |
| (3) | Matters necessary for the procedures and methods for filing a request for re-examination, the decision thereon, and the notification of such decision shall be prescribed by Presidential Decree. <Amended on Mar. 19, 2024> |
[Title Amended on Mar. 19, 2024].
| Article 36 Deleted. <Mar. 19, 2024> |
| Article 37 (Deliberation and decision on requests for re-examination) |
| (1) | The competent committee shall, after deliberation, decide on a request for re-examination within 30 days from the date of receipt of such request under Article 35; provided, the period may be extended only once by up to 30 days, if it is impossible to make a decision within the period due to unavoidable circumstances. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (2) | The competent committee may, ex officio or at the request of a claimant, conduct any of the following acts, if necessary for the deliberation on the relevant request for re-examination: <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| 1. | To summon the claimant or an interested party to appear at a designated place to question them or hear their opinion; |
| 2. | To require the claimant or an interested party to submit any documents or other articles that may serve as evidence; |
| 3. | To request a third party with professional knowledge or experience to conduct an appraisal or diagnosis. |
[Title Amended on Mar. 19, 2024].
| Article 38 Deleted. <Mar. 19, 2024> |
| Article 39 Deleted. <Mar. 19, 2024> |
| Article 40 Deleted. <Mar. 19, 2024> |
| Article 41 Deleted. <Mar. 19, 2024> |
| Article 42 (Relationship to other statutes) |
| (1) | A request for re-examination under Article 35 shall be deemed a claim under Article 168 of the Civil Act for purposes of interruption of prescription. <Amended on Mar. 19, 2024> |
| (2) | An adjudication on a request for re-examination under Article 35 shall be deemed an adjudication on an administrative appeal for purposes of applying Article 18 of the Administrative Litigation Act. <Amended on Mar. 19, 2024> |
| (3) | Except as provided in this Act, matters regarding requests for re-examination under Article 35 shall be governed by the Administrative Appeals Act. <Amended on Mar. 19, 2024> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| (1) | If deemed necessary for the payment of relief benefits, the competent committee may request a health care institution to submit a report on medical treatment for a person who receives relief benefits or documents or articles related to the medical treatment or assign its employees to question interested persons or to inspect relevant documents or articles. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (2) | In the case of paragraph (1), an employee of the competent committee shall carry identification verifying his or her authority and present it to relevant persons. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| (3) | A beneficiary or a person who was entitled to benefits shall file a report with the competent committee on matters related to changes in entitlement, as prescribed by Presidential Decree. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| (4) | If a beneficiary dies, a person obligated to file a report of death under Article 85 of the Act on Registration of Family Relations shall file a report on the death with the competent committee within 1 month. <Amended on Nov. 28, 2017; Mar. 19, 2024> |
| Article 44 (Request for medical examination) |
| (1) | If necessary for making a decision, etc. under this Act, the competent committee may require a person who has been, or intends to be, granted recognition as an asbestos victim or who has received, or intends to receive, relief benefits to undergo a medical examination, test, or other related procedures at the following medical institutions, as prescribed by Presidential Decree: <Amended on Dec. 31, 2011; Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| 1. | A medical institution established and operated by the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act; |
| 2. | A specialized health care institution under Article 42 (2) of the National Health Insurance Act; |
| 3. | Deleted; <Dec. 27, 2016> |
| 4. | Other medical institutions prescribed by Presidential Decree. |
| (2) | If a resident of an area prescribed by Presidential Decree, such as the vicinity of an asbestos mine, seeks recognition as an asbestos victim, the resident may request the competent committee to conduct an investigation, etc. into adverse health effects caused by asbestos. <Amended on May 26, 2020; Mar. 19, 2024> |
| (3) | Eligibility and procedures for making a request under paragraph (2) and other relevant matters shall be prescribed by Decree of the Ministry of Environment. |
| Article 45 (Temporary suspension of relief benefits) |
| (1) | The competent committee may decide to suspend the provision of relief benefits, if a person who intends to receive such benefits falls under any of the following categories: <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024> |
| 1. | If the person fails to file a report under Article 43 (3) or (4); |
| 2. | If the person fails to comply with a request for a medical examination under Article 44 (1); |
| 3. | Any other case prescribed by Presidential Decree. |
| (2) | The types of relief benefits subject to a decision on temporary suspension under paragraph (1) and the period of, and the procedures for, such temporary suspension shall be prescribed by Presidential Decree. <Amended on Mar. 19, 2024> |
| Article 46 (Confidentiality) |
No person who is or was engaged in the duties of the Technology Institute or a committee shall disclose any confidential information learned in the course of performing his or her duties to any third party or use such information for any purpose other than performing those duties.
[This Article Wholly Amended on Mar. 19, 2024]
| Article 47 (Investigations and research) |
| (1) | The Minister of Environment may conduct necessary investigations and research to effectively perform the duties under this Act. |
| (2) | The Minister of Environment or the head of a local government may conduct investigations into asbestos-related health impacts on persons who resided or resides in any of the following areas and who are likely or suspected to sustain adverse health effects caused by asbestos, or on other persons prescribed by Presidential Decree: <Amended on Dec. 27, 2016; Nov. 28, 2017> |
| 1. | An area where an asbestos mine was operated; |
| 2. | An area where a place of business that manufactured or used large quantities of asbestos or asbestos-containing products was operated; |
| 3. | An area densely populated with buildings using asbestos or asbestos-containing products; |
| 4. | Other areas prescribed by Decree of the Ministry of Environment. |
| (3) | If necessary for investigations into asbestos-related health impacts under paragraph (2), the Minister of Environment and the head of a local government may request the head of a relevant administrative agency, a local government, or any other relevant institution, corporation, or organization to provide cooperation such as submitting the following information and materials (including personal information defined in subparagraph 1 of Article 2 of the Personal Information Protection Act); in such cases, a person in receipt of such request for cooperation shall comply therewith, unless there is good cause: <Amended on Nov. 28, 2017> |
| 1. | Information on the resident registration entered in the resident registration cards under Article 7 of the Resident Registration Act; |
| 2. | Personal information in school life records under Article 25 of the Elementary and Secondary Education Act; |
| 3. | Information on beneficiaries (applicable only to cases recognized as occupational diseases caused by asbestos exposure) under Article 36 of the Industrial Accident Compensation Insurance Act; |
| 4. | Other materials deemed by the Minister of Environment necessary for conducting investigations into asbestos-related health impacts. |
| (4) | The Minister of Environment and the head of a local government shall strictly manage information and materials provided under paragraph (3) and must not use them for any purpose other than the performance of their duties. <Amended on Nov. 28, 2017> |
[Title Amended on Nov. 28, 2017]
| Article 47-2 (Designation of environmental health centers for asbestos) |
| (1) | The Minister of Environment may designate the institutions specified in the subparagraphs of Article 44 (1) as environmental health centers for asbestos and entrust them with the following tasks for the efficient conduct of asbestos-related health impact surveys and research and other related activities: |
| 1. | Investigations into adverse health effects caused by asbestos under Article 44 (2); |
| 2. | Investigations and research under Article 47 (1); |
| 3. | Investigations into asbestos-related health impacts under Article 47 (2); |
| 4. | Other tasks prescribed by Presidential Decree for the identification of persons suffering adverse health effects caused by asbestos and the management of their health. |
| (2) | The period of validity of the designation of an environmental health center for asbestos under paragraph (1) shall be 3 years. |
| (3) | A person who intends to continue performing the tasks specified in the subparagraphs of paragraph (1) after the period of validity under paragraph (2) shall be redesignated by the Minister of Environment before the expiration of the period. |
| (4) | The standards and procedures for the designation or redesignation of environmental health centers for asbestos under paragraph (1) through (3) and other relevant matters shall be prescribed by Decree of the Ministry of Environment. |
[This Article Added on Nov. 28, 2017]
| Article 47-3 (Evaluation of environmental health centers for asbestos) |
| (1) | The Minister of Environment shall evaluate an environmental health center for asbestos under Article 47-2 (hereinafter referred to as "environmental health center for asbestos") according to the following classifications: |
| 1. | Regular evaluation: An annual evaluation of business performance for the preceding year; provided, if a comprehensive evaluation under subparagraph 2 has been conducted, the regular evaluation for that year shall be omitted; |
| 2. | Comprehensive evaluation: An overall evaluation of the operations of an environmental health center for asbestos, conducted at least 4 months before the expiration of the period of validity under Article 47-2 (2). |
| (2) | When conducting an evaluation under paragraph (1), the Minister of Environment shall notify in advance the head of an environmental health center for asbestos subject to evaluation of the evaluation standards and timing and other relevant details, as prescribed by Presidential Decree. |
| (3) | Based on the results of an evaluation conducted under paragraph (1), the Minister of Environment may issue a warning and take any of the following measures: termination, reduction, or increase of financial support. |
| (4) | Except as provided in paragraphs (1) through (3), matters necessary for the evaluation of environmental health centers for asbestos and other relevant details shall be prescribed by Decree of the Ministry of Environment. |
[This Article Added on Nov. 28, 2017]
| Article 47-4 (Revocation of designation of environmental health centers for asbestos) |
| (1) | The Minister of Environment may revoke the designation of an environmental health center for asbestos in any of the following cases order the suspension of all or part of its duties, for a fixed period up to 6 months; provided, the Minister shall revoke the designation, in any of the cases specified in subparagraphs 1 through 3 and 5: |
| 1. | Where the center is designated, redesignated, or operated by fraud or other improper means; |
| 2. | Where the center falls short of the standards for designation or redesignation under Article 47-2 (4) and is therefore deemed unable to achieve the purpose of its designation; |
| 3. | Where it is deemed inappropriate to continue maintaining the center, based on the results of a comprehensive evaluation conducted under Article 47-3 (1) 2; |
| 4. | Where the center has received at least 2 warnings under Article 47-3 (3) within a 3-year period; |
| 5. | Where the purpose of designating the center has been achieved, or it is deemed unnecessary to continue maintaining the center. |
| (2) | If the Minister of Environment intends to revoke the designation under paragraph (1), the Minister shall hold a hearing. |
| (3) | The procedures, standards, and other relevant details for the revocation of designation and the suspension of duties under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Added on Nov. 28, 2017]
| Article 47-5 (Establishment and operation of asbestos injury relief system) |
| (1) | A committee may establish and operate an asbestos injury relief system for use in the recognition of asbestos victims; the management of applicants for special recognition as bereaved family members; the management of recognized victims; investigations into, or research on, adverse health effects caused by asbestos; and other related activities. <Amended on Mar. 19, 2024> |
| (2) | Matters necessary for the establishment and operation of the asbestos injury relief system under paragraph (1) and other relevant details shall be prescribed by Decree of the Ministry of Environment. |
[This Article Added on Jan. 5, 2021]
| Article 48 (Asbestos health management booklets) |
| (1) | A committee may issue asbestos health management booklets to persons prescribed by Decree of the Ministry of Environment as highly likely to develop an asbestos-related disease. <Amended on Mar. 19, 2024> |
| (2) | No person who has been issued an asbestos health management booklet issued under paragraph (1) shall transfer or lend it to any other person. |
| (3) | A committee may conduct periodic health examinations on persons who have been issued an asbestos health management booklet under paragraph (1), as prescribed by Decree of the Ministry of Environment. <Amended on May 26, 2020; Mar. 19, 2024> |
| (4) | The contents, form, and use of asbestos health management booklets under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Environment. |
| Article 49 (Request for cooperation from relevant institutions) |
If necessary for conducting business affairs under this Act, the Minister of Environment or a committee may request the head of a relevant administrative agency, a relevant institution or organization, or an expert in the relevant field to submit pertinent materials or opinions, attend a meeting, or give any other cooperation; and a person or institution so requested shall comply therewith in good faith. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>
| Article 50 (Calculation of periods) |
Except as provided in this Act, the provisions of the Civil Act governing periods shall apply mutatis mutandis to the calculation of a period prescribed in this Act or in any order issued under this Act.
| Article 51 (Delegation of authority and entrustment of tasks) |
| (1) | Part of the authority of the Minister of Environment under this Act may be delegated to the head of an affiliated agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may entrust part of the tasks under this Act to an institution, corporation, or organization performing related tasks, as follows: |
| 1. | Tasks relate to the payment of relief benefits under Article 17: The Technology Institute; |
| 2. | Tasks relate to the collection of unjust enrichment under Article 21: The Technology Institute; |
| 3. | Tasks relate to the imposition and collection of contributions under Article 31: The Korea Workers' Compensation and Welfare Service established under the Industrial Accident Compensation Insurance Act and the National Health Insurance Service established under the National Health Insurance Act. |
| (3) | A committee may entrust part of its tasks under this Act to the head of the relevant operating institution, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 19, 2024]
CHAPTER VI PENALTY PROVISIONS
| Article 52 (Legal fiction as public officials for purposes of applying penalty provisions) |
A person who engages in tasks entrusted under Article 51 (2) and (3) shall be deemed a public official for purposes of applying Articles 129 through 132 of the Criminal Act. <Amended on Nov. 28, 2017; Mar. 19, 2024>
| Article 53 (Penalty provisions) |
Any of the following persons shall be punished by imprisonment with labor for not more than 2 years or by a fine not exceeding 20 million won:
| 1. | A person who divulges confidential information, in violation of Article 46; |
| 2. | A person who receives relief benefits by fraud or other improper means. |
[This Article Wholly Amended on Mar. 18, 2014]
| Article 54 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person who transfers or lends a booklet to any other person, in violation of Article 6 (6) or 48 (2); |
| 2. | A person who fails to submit a report under Article 43 (1), who submits a false report, or who fails to comply with an order to submit documents or articles; |
| 3. | A person who fails to file a report under Article 43 (3) or (4). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Environment, as prescribed by Presidential Decree. |
ADDENDA <Act No. 10155, Mar. 22, 2010>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2011.
Article 2 Omitted.
ADDENDA <Act No. 10193, Mar. 31, 2010>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation; provided, Article 4 (1) and (3) of the Addenda shall enter into force on January 1, 2011, and paragraph (2) of that Article shall enter into force on September 23, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11141, Dec. 31, 2011>
Article 1 (Enforcement date)
This Act shall enter into force on September 1, 2012. (Proviso Omitted.)
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 12461, Mar. 18, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13165, Feb. 3, 2015>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional measure regarding grounds for disqualification of incompetent persons)
Persons for whom a declaration of incompetence or quasi-incompetence remains in effect under Article 2 of the Addenda to the Civil Act (Act No. 10429) shall be deemed to be included among persons under adult guardianship or persons under limited guardianship under the amended provisions of Article 39 (4) 1.
ADDENDA <Act No. 14488, Dec. 27, 2016>
Article 1 (Enforcement date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to payment of funeral expenses)
Articles 11 (1), 12 (1), and 15 (1) shall also apply to bereaved family members who filed an application for the payment of funeral expenses, special consolation for bereaved family members, special funeral expenses, or relief benefit adjustment payments before this Act enters into force, but such payment was not approved, and file a reapplication for such payment after this Act enters into force. In such cases, bereaved family members may file an application for the payment of funeral expenses, special consolation for bereaved family members, special funeral expenses, or relief benefit adjustment payments, notwithstanding Articles 11 (3), 12 (4), and 15 (3).
Article 3 (Transitional measures regarding asbestos injury reporting center)
An asbestos injury reporting center designated by the previous provisions before this Act enters into force shall be deemed an environmental health center for asbestos designated under the amended provisions of Article 47 (3).
ADDENDA <Act No. 15098, Nov. 28, 2017>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to collection of unjust enrichment)
The amended provisions of Article 21 (2) shall begin to apply to cases where a cause for collection under Article 21 (1) 1 or 2 occurs after this Act enters into force.
Article 3 (Special cases regarding initial date for reckoning period of validity of environmental health center for asbestos)
The period of validity of an environmental health center for asbestos designated and operated under the previous provisions of Article 47 (3) as at the time this Act enters into force shall be 3 years from the date this Act enters into force.
Article 4 (Transitional measures regarding acts of Korea Environment Corporation)
Acts such as decisions made by, or acts such as applications filed with, the Korea Environment Corporation (hereinafter referred to as the "Corporation") under the Korea Environment Corporation Act under the previous provisions before this Act enters into force shall be deemed to be acts conducted by or toward the Technology Institute.
Article 5 (Transitional measures regarding Determination Committee)
| (1) | The Determination Committee composed under the previous provisions of Article 8 (1) before this Act enters into force shall be deemed the Determination Committee under the amended provisions of Article 8 (1). |
| (2) | The members of the Determination Committee commissioned under the previous of Article 8 (3) before this Act enters into force shall be deemed to have been commissioned under the amended provisions of Article 8 (3), and the term of office of such members shall be the remaining period of their former terms of office. |
| (3) | Matters deliberated and resolved by the Determination Committee under the previous provisions of Article 8 (1) before this Act enters into force shall be deemed to have been deliberated and resolved by the Determination Committee under the amended provisions of Article 8 (1). |
Article 6 (Transitional measures regarding Examination Committee)
| (1) | The Examination Committee composed under the previous provisions of Article 36 (1) before this Act enters into force shall be deemed the Examination Committee under the amended provisions of Article 36 (1). |
| (2) | The term of office of the members of the Examination Committee commissioned under the previous provisions of Article 36 (3) before this Act enters into force shall be the remaining period of their former terms of office. |
| (3) | Matters deliberated and resolved by the Examination Committee under the previous provisions of Article 36 (1) before this Act enters into force shall be deemed to have been deliberated and resolved by the Determination Committee under the amended provisions of Article 36 (1). |
Article 7 Omitted.
ADDENDA <Act No. 16272, Jan. 15, 2019>
Article 1 (Enforcement date)
This Act shall enter into force 1 year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 21 Omitted.
ADDENDUM <Act No. 17326, May 26, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Act No. 17842, Jan. 5, 2021>
Article 1 (Enforcement date)
This Act shall enter into force 6 months after the date of its promulgation.
Article 2 (Applicability to payment of medical care benefits)
The amended provisions of Article 9 (5) shall also apply to a person who received medical care benefits under Article 9 (1) before this Act enters into force.
ADDENDUM <Act No. 18913, Jun. 10, 2022>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 20383, Mar. 19, 2024>
Article 1 (Enforcement date)
This Act shall enter into force on January 1, 2025.
Article 2 (Transitional measures regarding Asbestos Injury Determination Committee)
Matters deliberated by the Asbestos Injury Determination Committee under the previous provisions of Article 8 as at the time this Act enters into force shall be deemed to have been deliberated by the competent environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief.
Article 3 (Transitional measures regarding Asbestos Injury Relief Examination Committee)
Matters deliberated by the Asbestos Injury Relief Examination Committee under the previous provisions of Article 36 as at the time this Act enters into force shall be deemed to have been deliberated by the competent environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief.
Article 4 (Transitional measures regarding Asbestos Injury Relief Re-examination Committee)
A request for re-examination pending under the previous provisions of Article 38 as at the time this Act enters into force shall be deemed a request for re-examination under the amended provisions of Article 35 (1) and shall be deliberated and decided by the competent environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief.
Article 5 (Transitional measures regarding issuance of asbestos health management booklets)
A person who has been issued an asbestos health management booklet under the previous provisions of Article 48 as at the time this Act enters into force shall be deemed to have been issued such booklet by the competent environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief.