ENFORCEMENT DECREE OF THE ASBESTOS INJURY RELIEF ACT
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 22500, Nov. 23, 2012
Presidential Decree No. 24541, May 22, 2013
Presidential Decree No. 25949, Dec. 31, 2014
Presidential Decree No. 26683, Nov. 30, 2015
Presidential Decree No. 28184, Jul. 17, 2017
Presidential Decree No. 28887, May 15, 2018
Presidential Decree No. 29180, Sep. 18, 2018
Presidential Decree No. 31876, Jul. 6, 2021
Presidential Decree No. 35096, Dec. 24, 2024
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters mandated by the Asbestos Injury Relief Act and matters necessary for the enforcement thereof.
| (2) | "Money and valuables prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Act means non-taxable wage and salary income provided in subparagraph 3 of Article 12 of the Income Tax Act. <Amended on May 22, 2013> |
| Article 3 (Scope of application) |
"Statutes or regulations prescribed by Presidential Decree" in Article 3 of the Act means the following: <Amended on Sep. 18, 2018; Jun. 9, 2020> | 2. | The Public Officials’ Accident Compensation Act; |
CHAPTER II RELIEF BENEFITS
| Article 4 (Criteria for recognition as asbestos victim) |
Criteria for recognition as an asbestos victim under the main clause of Article 6 (4) of the Act shall be as specified in Appendix 1.
| Article 5 (Support for expenses incurred in medical examinations or tests) |
"Person prescribed by Presidential Decree" in Article 6 (8) of the Act means any of the following persons: <Amended on May 15, 2018; Dec. 24, 2024> | 1. | A person requested by 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") to undergo a medical examination or test or other related procedures under Article 44 (1) of the Act; |
| 3. | Any other person who needs to undergo a medical examination or test to be recognized as an asbestos victim and whom the competent committee deems to require support due to financial circumstances or other reasons. |
| Article 6 (Period of validity of recognition as asbestos victim) |
| (1) | The period of validity of the recognition as an asbestos victim under Article 7 (1) of the Act (hereinafter referred to as "period of validity") shall be 5 years. <Amended on Dec. 31, 2014> |
| (2) | "Serious sequelae prescribed by Presidential Decree" in the former part of Article 7 (2) of the Act means the following: <Added on Jul. 6, 2021> |
| 1. | Distant metastasis of malignant mesothelioma or lung cancer; |
| 3. | Cancerous lymphangioma; |
| 4. | Sequelae corresponding to a severe stage of pulmonary function impairments specified in subparagraph 3 c of Appendix 1; |
| 5. | Sequelae in which the arterial blood oxygen partial pressure in a resting state under natural breathing conditions is 65 millimeters of mercury (mmHg) or lower; |
| 6. | Sequelae that cause significant limitations in daily life, due to side effects of treatment for asbestos-related diseases or complications resulting from bacterial infections or other causes, and therefore deemed to require continuous medical management and treatment by medical doctors. |
| (3) | Where the period of validity is renewed under Article 7 (5) of the Act, the amount of relief benefits, etc. payable to a person recognized as an asbestos victim (hereinafter referred to as "recognized victim") shall be the same amount, etc. paid before the renewal. <Amended on Jul. 6, 2021> |
| Article 7 (Payment of medical care benefits and allowances for medical care and living costs) |
| (1) | A recognized victim of primary malignant mesothelioma, primary lung cancer, asbestosis, or diffuse pleural thickening shall be paid the amount specified in Appendix 2, as medical care benefits during the period of validity (if renewed, including such renewed period; hereinafter the same shall apply). <Amended on May 22, 2013> |
| (2) | An allowance for medical care and living costs specified in Appendix 2 shall be paid to a recognized victim of primary malignant mesothelioma, primary lung cancer, asbestosis (Grade I), or diffuse pleural thickening during the period of validity, and to a recognized victim of asbestosis (Grade II or III) for 24 months. <Amended on May 22, 2013; Dec. 31, 2014> |
| Article 8 (Amount of funeral expenses) |
| (1) | "Amount prescribed by Presidential Decree" in Article 11 (2) of the Act shall be an amount equivalent to 897/1000 of the standard median income (referring to the standard median income a 2-person household; hereafter in this Article, the same shall apply) defined in subparagraph 11 of Article 2 of the National Basic Living Security Act. <Amended on Nov. 30, 2015; Jul. 6, 2021> |
| (2) | The standard median income under paragraph (1) shall be the standard median income for the relevant year as at the time an application for payment of funeral expenses is filed. <Amended on Nov. 30, 2015; Jul. 6, 2021> |
[Title Amended on Jul. 6, 2021]
| Article 9 (Amount of special consolation payments for bereaved family members) |
The amount of special consolation payments for bereaved family members under Article 12 (2) of the Act shall be as follows: <Amended on Jul. 6, 2021> | 1. | Primary malignant mesothelioma or primary lung cancer: An amount equivalent to 1,500/100 of the funeral expenses under Article 8; |
| 2. | Asbestosis (Grade I) or diffuse pleural thickening: An amount equivalent to 750/100 of the funeral expenses under Article 8; |
| 3. | Asbestosis (Grade II): An amount equivalent to 500/100 of the funeral expenses under Article 8; |
| 4. | Asbestosis (Grade III): An amount equivalent to 250/100 of the funeral expenses under Article 8. |
[This Article Wholly Amended on May 15, 2018]
| Article 10 (Criteria for special recognition as bereaved family members) |
To obtain recognition by the competent committee under the former part of Article 14 (1) of the Act (hereinafter referred to as “special recognition as bereaved family members”), any person specified in the subparagraphs of Article 12 (1) of the Act shall meet the criteria for recognition as an asbestos victim under Appendix 1. <Amended on Dec. 24, 2024> [This Article Wholly Amended on May 15, 2018]
| Article 11 (Procedures for payment of relief benefits) |
| (1) | Deleted. <May 15, 2018> |
| (2) | Deleted. <Dec. 24, 2024> |
| (3) | When the payment of relief benefits is decided under Article 16 (2) of the Act, the Minister of Environment shall pay without delay the share determined under Article 13 from the Asbestos Injury Relief Fund under Article 24 of the Act (hereinafter referred to as the "Fund") to the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the relevant Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply). <Amended on May 15, 2018; Dec. 24, 2024> |
| (4) | Upon receipt of notification under paragraph (2), a Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor shall pay without delay the share determined under Article 13 to the head of the relevant Si/Gun/Gu. <Amended on May 15, 2018> |
| (5) | Upon receipt of the payment of the share under paragraphs (3) and (4) from the Minister of Environment or from a Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor, the relevant Special Self-Governing City Mayor or Special Self-Governing Province Governor, or the head of the relevant Si/Gun/Gu shall pay without delay the relief benefits to a person who has filed a request for such benefits. <Amended on May 15, 2018> |
| Article 12 Deleted. <Dec. 24, 2024> |
| Article 13 (Ratio of sharing relief benefits) |
| (1) | "Ratio prescribed by Presidential Decree" in Article 17 (1) of the Act means the following ratios: <Amended on Dec. 24, 2024> |
| 1. | The Fund: 90/100 of the amount of relief benefits; |
| 2. | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") or the head of a Si/Gun/Gu: 10/100 of the amount of relief benefits. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (excluding the Jeju Special Self-Governing Province Governor) shall consult with the head of the relevant Si/Gun/Gu to determine the proportion of relief benefits under paragraph (1) 2 to be borne by the Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, the Special Self-Governing Province Governor (excluding the Jeju Special Self-Governing Province Governor), or the head of the Si/Gun/Gu. <Amended on Dec. 24, 2024> |
| Article 14 (Standards for adjustment with other compensation or indemnification) |
| (1) | "Amount calculated by converting the money and valuables already received according to the method prescribed by Presidential Decree" in Article 20 of the Act means the amount of such money or valuables converted to present value; provided, if the received money and valuables constitute medical care, it means the amount of the expenses incurred in providing such medical care, converted to present value. |
| (2) | The conversion to present value under paragraph (1) shall be calculated by reflecting the consumer price index publicly notified each year by the Commissioner of Statistics Korea under Article 3 of the Statistics Act. |
CHAPTER III ASBESTOS INJURY RELIEF FUND
| Article 15 (Contributions to Fund by the Government) |
The amount that the Government shall contribute to the Fund under Article 24 (3) of the Act shall be determined through consultation between the Minister of Environment and the Minister of Economy and Finance.
"Expenses prescribed by Presidential Decree" in subparagraph 9 of Article 25 of the Act means the following: <Amended on May 15, 2018; Jul. 6, 2021> | 1. | Expenses for medical examinations, tests, or other related procedures under Article 6 (8) of the Act; |
| 2. | Expenses for investigations and research and investigations into asbestos-related health impacts under Article 47 (1) and (2) of the Act; |
| 3. | Expenses for health examinations under Article 48 (3) of the Act; |
| 4. | Expenses the Minister of Environment deems necessary for facilitating the relief of asbestos injuries, such as remuneration of investigation and research officers under Article 36. |
| Article 17 (Operation of Fund) |
| (1) | "Projects prescribed by Presidential Decree" in Article 26 (2) 5 of the Act means the following: <Amended on May 15, 2018> |
| 1. | Loans for welfare projects for recognized victims or for bereaved family members who have obtained special recognition as bereaved family members; |
| 3. | Acquisition and disposal of real estate for the growth of the Fund. |
| (2) | "Level prescribed by Presidential Decree" in Article 26 (3) of the Act means the rate of return determined by the Minister of Environment taking into account the interest rates of 1-year term deposits of banks defined in subparagraph 2 of Article 2 of the Banking Act that operate their business nationwide. In such cases, the Minister of Environment may, in consultation with the Minister of Economy and Finance, determine an interest rate for loans for welfare projects specified in paragraph (1) 1, different from the rate of return for other projects. |
| Article 18 (Fund operation plans) |
A Fund operation plan under Article 27 of the Act shall include the following: | 1. | Matters regarding the revenue and expenditure of the Fund; |
| 2. | Matters regarding the business plan, encumbrance plan, and funding plan for the relevant year; |
| 3. | Matters regarding the appropriation of funds carried over from the preceding year; |
| 4. | Other matters necessary for the operation of the Fund. |
| Article 19 (Establishment of Fund accounts) |
The Minister of Environment shall establish a Fund account at the Bank of Korea established under the Bank of Korea Act to ensure clear management of the revenue and expenditure of the Fund.
| Article 20 (Fund accounting organs) |
| (1) | The Minister of Environment shall appoint fund revenue collection officials, fund treasurers, fund disbursement officials, and fund accounting officials from among the affiliated public officials in order to handle the business affairs related to the revenues and expenditures of the Fund. |
| (2) | Fund revenue collection officials and fund treasurers shall be responsible for contracts for the management and operation of the Fund, affairs related to the encumbrances of the revenues and expenditures and the collection of and determination on the revenue of the Fund; and fund disbursement officials and fund accounting officials shall be responsible for the affairs related to the revenues and expenditures accompanied by the management and operation of the Fund. |
| (3) | Where 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") is entrusted with business affairs regarding the management and operation of the Fund under Article 26 (5) of the Act, the president may appoint directors responsible for the revenue of the Fund and directors responsible for the encumbrances of the Fund from among its executive directors; and staff members responsible for the expenditure of the Fund and staff members responsible for accounting of the Funds from among its employees, and where such appointments are made, the president shall report thereon to the Minister of Environment. In such cases, the directors responsible for the revenue of the Fund shall perform the duties of fund revenue collection officials; the directors responsible for encumbrances of the Fund shall perform the duties of fund treasurer; and staff members responsible for the expenditure of the Fund shall perform the duties of fund disbursement officials; and staff members responsible for accounting of the Fund shall perform the duties of fund accounting officials. <Amended on May 15, 2018; Dec. 24, 2024> |
| (4) | The Minister of Environment shall give notice of the details of the appointments to fund revenue collection officials, fund treasurer, fund disbursement officials, fund accounting officials, directors responsible for the revenue of the Fund, directors responsible for the encumbrances of the Fund, staff members responsible for the expenditure of the Fund, and staff members responsible for accounting of the Fund appointed under paragraphs (1) and (3) to the Board of Audit and Inspection and the Governor of the Bank of Korea, respectively. |
| Article 21 (Allocation of limit of encumbrance amount of Fund) |
| (1) | The Minster of Environment shall allocate a monthly limit on the amount of encumbrance of the Fund to the fund treasurer. |
| (2) | Upon allocating a limit on the amount of encumbrance under paragraph (1), the Minister of Environment shall notify the fund disbursement officials the details thereof. |
| (3) | The fund treasurer shall not incur an encumbrance in excess of the limit allocated under paragraph (1). |
| Article 22 (Procedures for Expenditure of Fund) |
| (1) | When a fund treasurer incurs an encumbrance, he or she shall send the documents related to the encumbrance to the fund disbursement official. |
| (2) | In disbursing disburse funds from the Fund for encumbrances, the fund disbursement official shall issue checks designating the Bank of Korea established under the Bank of Korea Act, or any bank or postal agency defined in subparagraph 2 of Article 2 of the Banking Act as the payor. |
| (3) | Any encumbrance incurred by a fund treasurer unable to be paid in the relevant fiscal year due to any unavoidable reason may be carried forward to the following year for payment. |
| Article 23 (Prohibition on handling cash) |
| Article 24 (Reporting on settlement of accounts of Fund) |
The Minister of Environment shall prepare the following documents regarding the settlement of accounts of the Fund for each fiscal year and submit them to the Minister of Economy and Finance by no later than the last day of February of the following fiscal year: <Amended on Jul. 2, 2019>
| 1. | The state of settlement of accounts of the Fund; |
| 2. | A statement of financial position, a statement of profit or loss, and other financial statements; |
| 3. | A comparison table of the plan and actual operational performance of the Fund; |
| 4. | Statement of revenues and expenditures; |
| 5. | Other documents necessary to clarify the details of the settlement of accounts. |
| Article 25 (Collection of asbestos injury relief contributions) |
| Article 26 (Method of calculating number of regular employees) |
| (2) | For the purpose of calculating the number of regular employees under Article 31 (3) of the Act, the total number of employees employed as of the end of each month of the second preceding year of the relevant insurance year shall be divided by the number of months of operation in that second preceding year. |
| Article 27 (Total amount of contributions to be imposed on place of business subject to special contribution rate for asbestos injury relief) |
"Amount prescribed by Presidential Decree" in Article 33 (2) of the Act means an amount equivalent to 5.5/100 of the contributions calculated under Article 32 of the Act.
| Article 28 (Method of determining special contribution rate for asbestos injury relief) |
| (1) | The amount of contributions which shall be imposed to a place of business subject to the special contribution rate for asbestos injury relief under Article 33 of the Act (hereinafter referred to as "special contributions") shall be determined each year within the limit calculated under Article 27 in proportion to the accumulated quantity of asbestos permitted to be manufactured or used at each place of business and notified to each relevant business entity by the Minister of Environment. |
| (2) | The amount corresponding to the contributions which are calculated by applying the rate of the asbestos injury relief contributions under Article 32 (1) of the Act (hereinafter referred to as "ordinary contributions") out of special contributions shall be imposed and collected in accordance with the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, and the amount remaining after deducting the ordinary contributions from the special contributions shall be notified by the Minister of Environment to the relevant business entity for his or her payment, specifying the amount to be paid, payment account, payment deadline, and other relevant details. |
| (3) | The Minister of Environment may, upon application of a business entity, allow the payment of special contributions in installments, if deemed necessary. |
CHAPTER IV REQUEST FOR RE-EXAMINATION
| Article 29 (Filing of request for re-examination) |
A person who intends to file a request for re-examination under Article 35 (1) of the Act shall file an application for re-examination in the form prescribed by Decree of the Ministry of Environment with the competent committee, along with documents evidencing the facts supporting such request. [This Article Wholly Amended on Dec. 24, 2024]
| Article 30 Deleted. <Dec. 24, 2024> |
| Article 31 Deleted. <Dec. 24, 2024> |
| Article 32 (Decision on requests for re-examination) |
| (1) | A decision on a request for re-examination under Article 37 (1) of the Act shall be made in writing. <Amended on Dec. 24, 2024> |
| (2) | A written decision under paragraph (1) shall specify the following particulars: <Amended on Dec. 24, 2024> |
| 1. | The details of the request for re-examination; |
| 2. | The name and address of the claimant for re-examination; |
| 3. | The details of the decision on re-examination; |
| 4. | The grounds for the decision; |
| 5. | The date of the decision. |
| (3) | Upon making a decision on a request for re-examination, the competent committee shall send an authentic copy of the written decision under paragraph (1) to the person who filed the request. <Amended on May 15, 2018; Dec. 24, 2024> |
[Title Amended on Dec. 24, 2024]
| Article 33 (Payment of appraisal fees or diagnostic fees) |
The actual cost, such as appraisal fees, diagnostic fees, or travel expenses, may be paid within the budget to an interested party who has appeared at a designated place under Article 37 (2) 1 of the Act and a person who has conducted an appraisal or diagnosis under subparagraph 3 of that paragraph.
| Article 34 Deleted. <Dec. 24, 2024> |
| Article 35 Deleted. <Dec. 24, 2024> |
| Article 36 (Assignment of investigation and research officers) |
| (1) | The Minister of Environment may assign 1 investigation and research officer for the purpose of conducting professional investigations and research related to the operation of the Fund and the asbestos injury relief system. <Amended on Dec. 24, 2024> |
| (2) | A committee may appoint up to 2 investigation and research officers for the purpose of conducting professional investigations and research necessary for the recognition as asbestos victims, the decision on the payment of relief benefits, the special recognition as bereaved family members, re-examination, and other relevant matters. <Added on Dec. 24, 2024> |
| (3) | Matters necessary for the remuneration and other conditions of investigation and research officers and other relevant details under paragraphs (1) and (2) shall be prescribed by Decree of the Ministry of Environment. <Amended on Dec. 31, 2014; Dec. 24, 2024> |
| Article 37 Deleted. <Dec. 24, 2024> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 38 (Reporting on changes in entitlement to benefits) |
| (1) | A person who is or was entitled to benefits shall report to the competent committee the following matters relating to a change in entitlement under Article 43 (3) of the Act: <Amended on May 15, 2018; Dec. 24, 2024> |
| 1. | If a person entitled to relief benefits has received money or goods equivalent to the relief benefits granted under the Civil Act or any other statutes or regulations on the same ground that relief benefits were paid under the Act; the details thereof; |
| 2. | If the causes of cessation of or change in the entitlement to relief benefits, such as the cure for asbestos-related disease or the improvement of asbestosis, has occurred; the details thereof. |
| (2) | Matters necessary for the procedures and methods for reporting under paragraph (1) shall be prescribed by Decree of the Ministry of Environment. |
| Article 39 (Cases for which medical examination is requested) |
| (1) | A committee may request a person to undergo a medical examination, test, etc. at a medical institution under Article 44 (1) of the Act in any of the following cases: <Amended on May 15, 2018; Dec. 24, 2024> |
| 1. | Where necessary for determining whether the person is recognized as an asbestos victim under Article 6 (4) of the Act; |
| 2. | Where necessary for determining whether relief benefits shall be paid under Article 16 (2) of the Act; |
| 3. | Where deemed necessary by the committee to make a decision, etc. under the Act. |
| (2) | A request under Article 44 (1) of the Act shall be made in writing, specifying a deadline of up to 30 days. |
| Article 40 (Medical institutions for medical examination and tests) |
"Medical institution prescribed by Presidential Decree" in Article 44 (1) 4 of the Act means any of the following: <Amended on Jul. 17, 2017; Dec. 24, 2019>
| Article 41 (Areas subject to requests for investigations into adverse health effects) |
"Area prescribed by Presidential Decree" in Article 44 (2) of the Act means any of the following areas: | 1. | A neighborhood area of an asbestos mine; |
| 2. | An area in which an asbestos mine has been operated; |
| 3. | An area in which a large quantity of asbestos or asbestos-containing products have been manufactured or used; |
| 4. | Any other area prescribed by Decree of the Ministry of Environment wherein adverse health effects are likely to be caused by asbestos. |
| Article 42 (Temporary suspension of relief benefits) |
"Case prescribed by Presidential Decree" in Article 45 (1) 3 of the Act means where a recognized victim is deemed to have deteriorated, or impeded the cure of, the relevant disease by intent or gross negligence.
| Article 43 (Types of relief benefits subject to decisions on temporary suspension) |
| (1) | If the competent committee intends to decide on the temporary suspension of the grant of relief benefits under Article 45 (1) of the Act, the committee shall demand in writing, the relevant person who intends to receive relief benefits to fulfill his or her duties regarding the matters specified in the subparagraphs of Article 45 (1) of the Act, specifying a period of up to 30 days. <Amended on May 15, 2018; Dec. 24, 2024> |
| (2) | If a person who intends to receive relief benefits fails to fulfill his or her duties within the period fixed under paragraph (1), a decision may be made to temporarily suspend the grant of such benefits. <Amended on Dec. 24, 2024> |
| (3) | The types of relief benefits subject to a decision on temporary suspension under Article 45 (2) of the Act mean all relief benefits for which a decision to grant payment is impracticable or whose payment would be hindered due to the failure of the person intending to receive relief benefits to fulfill the duties under paragraph (1). <Amended on Dec. 24, 2024> |
| (4) | The period during which relief benefits may be temporarily suspended shall commence on the day following the expiration of the period for demanding the fulfillment of the duties under paragraph (1) and shall end on the day before such duties are fulfilled. |
[Title Amended on Dec. 24, 2024]
| Article 44 (Persons subject to investigations into health impacts) |
| (1) | "Persons prescribed by Presidential Decree" in Article 47 (2) of the Act means persons for whom it is deemed necessary to conduct an investigation, etc. into adverse health effects caused by asbestos. |
| (2) | The Minister of Environment may conduct investigations into health impacts after determining persons subject to such investigations by Eup/Myeon/Dong unit or in order of length of residence, in consultation with the head of the local government having jurisdiction over the relevant region, taking into account the budget, the period of investigation, and other relevant factors. |
| Article 44-2 (Performance of tasks entrusted to environmental health centers for asbestos) |
"Tasks prescribed by Presidential Decree" in Article 47-2 (1) 4 of the Act means tasks such as support for health management and home medical care for victims of adverse health effects caused by asbestos. [This Article Added on Dec. 24, 2024]
[(Previous) Article 44-2 moved to Article 44-3 <Dec. 24, 2024>]
| Article 44-3 (Evaluation of environmental health centers for asbestos) |
| (1) | If the Minister of Environment intends to evaluate an environmental health center for asbestos under Article 47-2 of the Act (hereinafter referred to as "environmental health center for asbestos") in accordance with Article 47-3 (1) of the Act, the Minister shall notify the head of the relevant center of the timing and method of evaluation no later than 3 months before the scheduled date of the evaluation. |
| (2) | The evaluation items for a regular evaluation under Article 47?3 (1) 1 and a comprehensive evaluation under subparagraph 2 of that paragraph shall be as follows: |
| 1. | Regular evaluation: The following matters: |
| (a) | Performance in the previous year regarding the business affairs specified in the subparagraphs of Article 47-2 (1) of the Act; |
| (b) | The adequacy of facility operation and personnel management of an environmental health center for asbestos; |
| (c) | Other matters determined and publicly notified by the Minister of Environment for the evaluation of the business performance, etc. in the previous year; |
| 2. | Comprehensive evaluation: The following matters: |
| (a) | Performance during the applicable period of validity regarding business affairs specified in the subparagraphs of Article 47?2 (1) of the Act, based on the results of a regular evaluation under subparagraph 1; |
| (b) | Contribution to investigations and research, etc. on asbestos-related adverse health effects and health impacts; |
| (c) | Degree of revitalization in the operation of an environmental health center for asbestos; |
| (d) | Other matters determined and publicly notified by the Minister of Environment for the evaluation of the overall operation of an environmental health center for asbestos. |
[This Article Added on May 15, 2018]
[Moved from Article 44-2; (previous) Article 44-3 moved to Article 44-4 <Dec. 24, 2024>]
| Article 44-4 (Criteria for revocation of designation and suspension of business operations of environmental health centers for asbestos) |
| (1) | The criteria for the revocation of the designation of an environmental health center for asbestos and for the suspension of its business operations under Article 47-4 (1) of the Act shall be as specified in Appendix 3. |
| (2) | When the Minister of Environment revokes the designation of an environmental health center for asbestos or orders it to suspend business operations under Article 47-4 (1) of the Act, the Minister shall without delay publicly announce such fact in the Official Gazette or on the website of the Ministry of Environment. |
[This Article Added on May 15, 2018]
[Moved from Article 44-3 <Dec. 24, 2024>]
| Article 45 (Entrustment of tasks) |
| (1) | The Minister of Environment shall, in accordance with Article 26 (5) of the Act, entrust the Technology Institute with the tasks regarding the management and operation of the Fund under paragraph (1) of that Article (including the tasks of using funds from the Fund for the purposes specified in the subparagraphs of Article 25 of the Act). <Amended on Dec. 24, 2024> |
| (2) | The Minister of Environment shall entrust the following tasks to the Technology Institute under Article 51 (2) of the Act: <Amended on Dec. 24, 2024> |
| 1. | Tasks related to the payment of relief benefits under Article 17 of the Act; |
| 2. | Tasks related to the collection of unjust enrichment under Article 21 of the Act. |
| (4) | The president of the Korea Workers' Compensation and Welfare Service and the president of the National Health Insurance Service may appoint contribution revenue collection officers from among the executive directors of each relevant Corporation and deputy contribution revenue collection officers from among the employees of each relevant Corporation to assign the business affairs of collecting contributions and other charges. |
| (5) | A committee shall entrust the following tasks to the head of the relevant operating institution under Article 51 (3) of the Act: <Added on Dec. 24, 2024> |
| 1. | Tasks related to the receipt of requests for a decision on whether to recognize an applicant as an asbestos victim under Article 6 (3) of the Act (including cases applicable mutatis mutandis under Articles 7 (2), 14 (1), and 16 (1) of the Act), and the verification of the relevant documents; |
| 2. | Tasks related to the payment of accrued medical care benefits and allowances under Article 18 (1) of the Act; |
| 3. | Tasks related to the preliminary review of materials required for a decision to suspend the payment of medical care benefits and allowances under Article 19 (1) of the Act; |
| 4. | Tasks related to the preliminary review of materials required for a decision on requests for re-examination under Article 37 (1) of the Act; |
| 5. | Tasks relate to the verification of the reported documents under Article 43 (3) of the Act; |
| 6. | Tasks of requiring a relevant person to undergo a medical examination, test, etc. under Article 44 (1) of the Act; |
| 7. | Tasks related to the preliminary review of materials required for a decision to temporarily suspend the granting of relief benefits under Article 45 (1) of the Act; |
| 8. | Tasks relate to the establishment and operation of the asbestos injury relief system under Article 47-5 (1) of the Act; |
| 9. | Tasks related to requests for cooperation under Article 49 of the Act (applicable only when necessary for handling entrusted tasks). |
| Article 45-2 (Management of sensitive information and personally identifiable information) |
The Minister of Environment (including persons entrusted with the tasks of the Minister of Environment under Article 45 (1) through (3)), a committee (including persons entrusted with the tasks of the committee under Article 45 (5)), a Mayor/Do Governor or the head of a Si/Gun/Gu (including persons entrusted with the relevant authority, if such authority is entrusted), or an environmental health center for asbestos may manage data containing health information under Article 23 of the Personal Information Protection Act or resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of that Act, if unavoidable for performing the following business affairs: <Amended on May 22, 2013; Jul. 17, 2017; May 15, 2018; Dec. 24, 2024> | 1. | Business affairs related to the recognition, etc. of an asbestos victim under Article 6 of the Act; |
| 2. | Business affairs related to the renewal, etc. of the period of validity of recognition of an asbestos victim under Article 7 of the Act; |
| 3. | Business affairs related to the special recognition of bereaved family members under Article 14 of the Act; |
| 4. | Business affairs related to the payment of relief benefits under Article 16 of the Act; |
| 5. | Business affairs related to accrued medical care benefits and allowances under Article 18 of the Act; |
| 5-2. | Business affairs related to the use of the Fund for projects for the prevention of asbestos injuries under subparagraph 6 of Article 25 of the Act; |
| 6. | Business affairs related to requests for re-examination under Article 35 of the Act; |
| 7. | Deleted; <Dec. 24, 2024> |
| 8. | Deleted; <Dec. 24, 2024> |
| 9. | Business affairs related to investigations into adverse health effects and health impacts under Articles 44 (2) and 47 (1) and (2) of the Act; |
| 10. | Business affairs related to the designation, etc. of environmental health centers for asbestos; |
| 11. | Business affairs related to the issuance of an asbestos health management booklet under Article 48 of the Act; |
| 12. | Business affairs related to requests for the submission of materials under Article 49 of the Act, as well as the management of such materials. |
[This Article Added on Jan. 6, 2012]
CHAPTER VI PENALTY PROVISIONS
| Article 46 (Criteria for imposition of administrative fines) |
The criteria for the imposition of administrative fines under Article 54 (1) of the Act shall be as specified in Appendix 4. [This Article Wholly Amended on Jul. 17, 2017]
ADDENDA <Presidential Decree No. 22500, Nov. 19, 2010>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2011.
Article 2 (Transitional measures regarding citation of other statutes and regulations)
"Article 19 (1) of the Cancer Control Act" in subparagraph 4 of Article 40 shall be construed as "Article 6-2 (1) of the Cancer Control Act", and "Article 27 of the Cancer Control Act" in subparagraph 5 of that Article shall be construed as the "National Cancer Center Act", until May 31, 2011.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 24541, May 22, 2013>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Applicability to determinations of type of asbestosis)
The amended provisions of subparagraph 3 b 1) of Appendix 1 shall begin to apply to determinations of the type of asbestosis made after this Decree enters into force.
Article 3 (Applicability to medical care benefits and allowances for medical care and living costs)
The amended provisions of Appendix 2 shall begin to apply to medical care benefits and allowances for medical care and living costs to be paid after this Decree enters into force.
ADDENDA <Presidential Decree No. 25949, Dec. 31, 2014>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Applicability to period of validity of recognition as asbestos victim)
The amended provisions of Article 6 (1) shall also apply to a person who was recognized as an asbestos victim either for asbestosis or diffuse pleural thickening before this Decree enters into force and whose recognition has not been revoked in accordance with Article 7 (4) of the Act as at the time this Decree enters into force. In such cases, the reckoning date for the period of validity under the amended provisions of Article 6 (1) shall be the date on which the person was last recognized as an asbestos victim. Article 3 (Special cases regarding payment of allowances for medical care and living costs)
In cases of paying allowances for medical care and living costs under the amended provisions of Article 7 (2) during the period of validity to persons recognized as suffering from asbestosis (Grade I) or diffuse pleural thickening before this Decree enters into force, such allowances shall be paid for the remaining period of validity, calculated by excluding the period from the date on which the relevant person was last recognized as an asbestos victim until the date this Decree enters into force.
ADDENDA <Presidential Decree No. 26683, Nov. 30, 2015>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2016.
ADDENDA <Presidential Decree No. 28184, Jul. 17, 2017>
Article 1 (Enforcement date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to criteria for recognition as asbestos victim with respect to asbestosis pulmonum)
The amended provisions of subparagraph 3 b 1) of Appendix 1 shall begin to deliberations and resolutions on the recognition of asbestos victims, the grading of asbestos injuries, and other relevant matters conducted by the Determination Committee after this Decree enters into force.
ADDENDA <Presidential Decree No. 28887, May 15, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on May 29, 2018; provided, the amended provision of Article 9 shall enter into force on January 1, 2019. Article 2 (Applicability to criteria for recognition as asbestos victim with respect to pulmonary function impairments)
The amended provisions of subparagraph 3 c 1) of Appendix 1 shall begin to apply to deliberations and resolutions on the recognition of asbestos victims, the grading of asbestos injuries, and other relevant matters conducted by the Determination Committee after this Decree enters into force.
ADDENDA <Presidential Decree No. 29180, Sep. 18, 2018>
Article 1 (Enforcement date)
This Decree shall enter into force on September 21, 2018.
ADDENDUM <Presidential Decree No. 29950, Jul. 2, 2019>
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30256, Dec. 24, 2019>
Article 1 (Enforcement date)
This Decree shall enter into force on January 16, 2020. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 30760, Jun. 9, 2020>
Article 1 (Enforcement date)
This Decree shall enter into force on June 11, 2020.
ADDENDA <Presidential Decree No. 31876, Jul. 6, 2021>
This Decree shall enter into force on July 6, 2021.
ADDENDA <Presidential Decree No. 35096, Dec. 24, 2024>
Article 1 (Enforcement date)
This Decree shall enter into force on January 1, 2025.
Article 2 (Transitional measures regarding procedures for payment of relief benefits)
A decision made by the Technology Institute to pay relief benefits under Article 16 (2) of the previous Act, as at the time this Decree enters into force, shall be deemed a decision made by a committee, and the committee shall notify such decision under Article 11 (2) of the previous Decree.