CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide prompt and fair remedies for victims who have suffered damage to life or health due to the use of humidifier disinfectants containing any chemicals verified toxic and for their bereaved family members.
The terms used in this Act are defined as follows:
| 1. | The term “humidifier disinfectant” means any ingredient or substance added to water used in a humidifier to prevent microbial propagation and the occurrence of scale; |
| 2. | The term “toxic chemical” means any hazardous chemical substance verified toxic by the Ministry of Environment, the Ministry of Health and Welfare, or any other institution prescribed by Presidential Decree; |
| 3. | The term “health damage caused by humidifier disinfectant” means any pulmonary disease caused by exposure to a humidifier disinfectant containing toxic chemicals and any other damage to life or health prescribed by Presidential Decree; |
| 4. | The term “victim of humidifier disinfectant” means a person who has died or suffered damage to health due to a humidifier disinfectant containing toxic chemicals, as recognized by the Minister of Environment as a sufferer of health damage caused by a humidifier disinfectant under Article 10 (2); |
| 5. | The term “humidifier disinfectant supplier” means a business entity that manufactures or imports humidifier disinfectants and sells them directly or through a third party (including an original equipment manufacturer, an original design manufacturer, a contractor, and a subcontractor); |
| 6. | The term “raw material supplier” means a business entity that manufactures or imports toxic chemicals used for humidifier disinfectants (hereinafter referred to as “raw materials”) and sells them directly or through a third party; |
| 7. | The term “bereaved family member” means the spouse (including a person who is in a de facto marital relationship), a child, a parent, a grandchild, a grandparent, or a sibling of the deceased. |
| Article 3 (State’s Responsibilities) |
The State shall establish and implement support measures necessary to promptly alleviate the financial hardship and urgent health concerns of the victims of humidifier disinfectants and of their bereaved family members.
| Article 4 (Liability to Compensate Damage) |
| (1) | Where health damage is caused by a humidifier disinfectant, the relevant humidifier disinfectant supplier shall compensate for such damage. |
| (2) | Amounts of compensation prescribed in paragraph (1) shall be calculated based upon the following: |
| 1. | The degree of awareness of the likelihood that damage would occur, such as intent; |
| 2. | The degree of damage caused by defects in the humidifier disinfectant; |
| 3. | The extent to which the relevant supplier has worked to remedy the damage; |
| 4. | The age, likelihood of complete recovery, and degree and persistence of the victim’s disability of the victim. |
| Article 5 (Presumption of Causation) |
Where it is highly probable to believe that damage to life or health has been caused by a humidifier disinfectant containing toxic chemicals, the damage to life or health shall be presumed to have been caused by the humidifier disinfectant.
| Article 6 (Right to Request Information) |
| (1) | A victim of humidifier disinfectant may request information on the manufacturing process of the humidifier disinfectant or toxic chemical, the equipment used, the type, concentration, and toxicity of the substance used, production and sale, and authorization and permission (including a report, registration, report of change, and registration of change) from the relevant humidifier disinfectant supplier and raw material supplier in order to determine the establishment and scope of a right to claim compensation for health damage caused by humidifier disinfectant. |
| (2) | A humidifier disinfectant supplier in receipt of a claim for compensation from the victim of humidifier disinfectant may request information on the manufacturing process, the equipment used, the type, concentration, and toxicity of the substance used, production and sale, and authorization and permission (including a report, registration, report of change, and registration of change) from another humidifier disinfectant supplier or raw material supplier in order to determine the scope of its right to indemnity. |
| (3) | A humidifier disinfectant supplier or raw material supplier in receipt of a request for information pursuant to paragraphs (1) and (2) shall provide or allow perusal of the requested information. |
| (4) | Where a request for information made under paragraphs (1) and (2) is rejected fully or partially for reasons of business confidentiality, etc., the victim of the humidifier disinfectant and the humidifier disinfectant supplier may request the Minister of Environment to issue an order to provide or allow perusal of information. |
| (5) | Upon receiving a request made under paragraph (4), the Minister of Environment may order the humidifier disinfectant supplier or raw material supplier to provide or allow perusal of the requested information after deliberation by the Committee on Remedying Damage Caused by Humidifier Disinfectants established under Article 7. |
| (6) | No person who has been provided with information or has perused information pursuant to paragraphs (1), (2), and (5) shall misappropriate such information, such as using it for any purpose other than for which it is requested or providing it to any third person. |
| (7) | Except as provided for in paragraphs (1) through (6), the procedures and methods for requesting information and for issuing orders to provide or allow perusal of information shall be prescribed by Presidential Decree. |
CHAPTER II COMMITTEE ON REMEDYING DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 7 (Committee on Remedying Damage Caused by Humidifier Disinfectants) |
| (1) | A Committee on Remedying Damage Caused by Humidifier Disinfectants (hereinafter referred to as the “Committee on Remedying Damage”) shall be established under the jurisdiction of the Minister of Environment to deliberate and resolve on matters concerning remedy and assistance for health damage caused by humidifier disinfectants. |
| (2) | The Committee on Remedying Damage shall be comprised of not more than fifteen members, including one chairperson. |
| (3) | The Committee on Remedying Damage shall be chaired by the Vice Minister of Environment, and the members thereof shall be commissioned or designated by the Minister of Environment from among the following persons: |
| 1. | A person recommended by the head of a central administrative agency prescribed by Presidential Decree from among its public officials; |
| 2. | A person recommended by the head of an institution, a corporation, or an organization prescribed by Presidential Decree from among its executives and employees; |
| 3. | A person with expertise and abundant experience in the relevant field. |
| (4) | The Committee on Remedying Damage may establish a special committee for examination and determination of pulmonary diseases and a special committee for examination and determination of extrapulmonary diseases to more professionally review matters related to recognizing health damage caused by humidifier disinfectants. |
| (5) | Except as provided for in paragraphs (1) through (4), the organization and operation of the Committee on Remedying Damage, the special committee for examination and determination of pulmonary diseases, and the special committee for examination and determination of extrapulmonary diseases shall be prescribed by Presidential Decree. |
| Article 8 (Functions of Committee on Remedying Damage) |
The Committee on Remedying Damage shall deliberate and resolve on the following matters:
| 1. | Orders to provide or allow perusal of information pursuant to Article 6 (5); |
| 2. | Recognizing health damage and the grades of injury caused by humidifier disinfectants pursuant to Article 10 (2); |
| 3. | Revoking recognition of health damage caused by humidifier disinfectants, renewing the term of validity, and changing the grades of injury pursuant to Article 11 (3); |
| 4. | Special recognition as bereaved family members pursuant to Article 19 (1); |
| 5. | Paying remedial benefits pursuant to Article 21 (3); |
| 7. | Other matters referred to by the chairperson in connection with the performance of duties pursuant to this Act. |
| Article 9 (Victims’ Organizations) |
| (1) | Victims of humidifier disinfectants and their bereaved family members may establish an organization and report thereon to the Minister of Environment, as prescribed by Presidential Decree. |
| (2) | An organization reported pursuant to paragraph (1) may engage in activities representing the interests of victims of humidifier disinfectants. |
| (3) | An organization reported pursuant to paragraph (1) may submit opinions on deliberation and resolution by the Committee on Remedying Damage. |
| Article 10 (Applying for Recognition of Health Damage Caused by Humidifier Disinfectants) |
| (1) | A person who intends health damage caused by humidifier disinfectant to be recognized (hereinafter referred to as “applicant for recognition”) shall file an application with the Minister of Environment, along with supporting documents, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment shall determine whether to recognize health damage caused by humidifier disinfectant and the grade of injury after deliberation by the Committee on Remedying Damage within 60 days after receipt of the application filed under paragraph (1): Provided, That the period for determination may be extended by up to 30 days if it is difficult to determine whether to recognize health damage caused by humidifier disinfectant or the grade of injury, within 60 days, for medical reasons or just cause. |
| (3) | The period for supplementing an application filed under paragraph (1) and the period required for the medical examination and test for medical judgment shall be disregarded in calculating the period for determination prescribed in paragraph (2). |
| (4) | The Minister of Environment may fully or partially reimburse victims of humidifier disinfectant and persons prescribed by Presidential Decree, including low-income persons, for expenses incurred in receiving the medical examination and test for recognition of health damage caused by humidifier disinfectants. |
| (5) | The Minister of Environment shall review the medical fitness and feasibility of the criteria for recognition of health damage caused by humidifier disinfectants each year, according to the methods prescribed by Presidential Decree. |
| (6) | Except as provided for in paragraphs (1) through (5), the matters necessary for determining the grades of injury caused by humidifier disinfectants, the procedures and criteria for recognition, and subsidizing expenses incurred in medical examinations and tests shall be prescribed by Presidential Decree. |
| Article 11 (Term of Validity of Recognition of Health Damage Caused by Humidifier Disinfectants) |
| (1) | The term of validity of recognition of health damage caused by humidifier disinfectant (hereinafter referred to as “term of validity”) shall be prescribed by Presidential Decree based upon the type of health damage and the grade of injury caused by humidifier disinfectants. |
| (2) | If a victim of humidifier disinfectant determines that it is impossible for him/her to recover from his/her health damage before the term of validity expires, the victim may apply to the Minister of Environment to renew the term of validity at least two to four months before the term of validity expires. |
| (3) | Upon receiving an application filed pursuant to paragraph (2) or determining that health damage suffered by a victim of humidifier disinfectant is completely or partially recovered, the Minister of Environment may revoke the recognition of health damage caused by humidifier disinfectant, renew the term of validity, or change the grade of injury after deliberation by the Committee on Remedying Damage. |
| (4) | If the Minister of Environment revokes the recognition of health damage caused by humidifier disinfectant, renews the term of validity, or changes the grade of injury, the Minister shall promptly give notice to the relevant victim of humidifier disinfectant or his/her bereaved family member thereof. |
| (5) | Except as provided for in paragraphs (1) through (4), matters necessary for revoking the recognition of health damage caused by humidifier disinfectants, renewing the term of validity, and changing the grades of injury shall be prescribed by Presidential Decree. |
| Article 12 (Kinds of Remedial Benefits) |
Benefits payable to the victims of humidifier disinfectants or their bereaved family members on condition of subrogating a right to claim compensation pursuant to Article 25 (2) to relieve the victims of humidifier disinfectants (hereinafter referred to as “remedial benefits”) are as follows: | 1. | Medical care benefits; |
| 2. | Allowances for medical care and living costs; |
| 5. | Special consolations for bereaved family members; |
| 6. | Special funeral expenses; |
| 7. | Remedial benefit adjustments. |
| Article 13 (Medical Care Benefits) |
| (1) | Medical care benefits shall be paid to victims of humidifier disinfectants. |
| (2) | Where a victim of humidifier disinfectant undergoes medical treatment at a medical institution for health damage caused by humidifier disinfectant, medical care benefits payable to the victim shall be prescribed by Presidential Decree according to the applicable grade of injury, within the maximum amount the victim of humidifier disinfectant must bear pursuant to Article 44 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act, out of the expenses incurred in such medical treatment. |
| (4) | No application for paying medical care benefits may be filed upon the expiration of the following periods: |
| 1. | For medical care benefits accrued before recognition of health damage under Article 10, three years from the date of receiving notice of the result of recognition; |
| 2. | For medical care benefits accrued after recognition of health damage under Article 10, three years from the date of undergoing individual medical treatment for health damage caused by humidifier disinfectants. |
| (5) | A determination to pay medical care benefits shall take effect retrospectively from the date of diagnosis when a victim suffering health damage caused by humidifier disinfectants starts to take treatment. |
| Article 14 (Allowances for Medical Care and Living Costs) |
| (1) | Allowances for medical care and living costs shall be paid to victims of humidifier disinfectants. |
| (2) | An allowance for medical care and living costs shall be an amount prescribed by Presidential Decree according to the type of health damage caused by humidifier disinfectant and the applicable grade of injury, based upon expenses necessary for medical treatment and care of health damage caused by humidifier disinfectant, as well as medical care benefits. |
| (3) | An allowance for medical care and living costs shall be paid monthly, and the payments shall begin in the month following the month during which an application for recognition of health damage caused by humidifier disinfectant is filed pursuant to Article 10 and shall end in the month during which the cause for paying the allowance for medical care and living costs ceases to exist. |
| (4) | No application for paying an allowance for medical care and living costs may be filed upon the expiration of the three-year period following the date on which a victim of humidifier disinfectants receives a notice of eligibility for the allowance for medical care and living costs. |
| Article 15 (Funeral Expenses) |
| (1) | If a victim of humidifier disinfectant dies due to health damage caused by humidifier disinfectant, funeral expenses shall be paid to the victim’s bereaved family members who hold a funeral for the victim. |
| (2) | The funeral expenses referred to in paragraph (1) shall be an amount prescribed by Presidential Decree. |
| (3) | No application for paying funeral expenses pursuant to paragraph (1) may be filed upon the expiration of the three-year period following the date on which a victim of humidifier disinfectant dies. |
| Article 16 (Nursing Expenses) |
| (1) | Nursing expenses shall be paid to victims of humidifier disinfectants. |
| (2) | Nursing expenses shall be an amount prescribed by Presidential Decree based upon the degree of immobility the victim of humidifier disinfectant experiences in leading daily life. |
| (3) | No application for paying nursing expenses may be filed upon the expiration of the three-year period following the date on which a victim of humidifier disinfects receives nursing service. |
| (4) | A determination to pay nursing expenses shall take effect retrospectively from the date on which an application for recognition of health damage caused by humidifier disinfectant is filed pursuant to Article 10. |
| Article 17 (Special Consolations for Bereaved Family Members and Special Funeral Expenses) |
| (1) | Special consolations for bereaved family members and special funeral expenses (hereinafter referred to as “special consolations for bereaved family members, etc.”) shall be paid to the bereaved family members of any of the following persons: |
| 1. | A victim of humidifier disinfectant who died before this Act enters into force; |
| 2. | A victim of humidifier disinfectant who dies after this Act enters into force, but before applying for recognition of health damage caused by humidifier disinfectant; |
| 3. | A victim of humidifier disinfectant who has applied for recognition of health damage caused by humidifier disinfectant pursuant to this Act, but dies before his/her health damage caused by humidifier disinfectant is recognized. |
| (2) | The amount of the special consolation for bereaved family members referred to in paragraph (1) shall be prescribed by Presidential Decree based upon the medical care benefits paid pursuant to Article 13 and the allowances for medical care and living costs paid pursuant to Article 14. |
| (3) | The amount of the special funeral expenses referred to in paragraph (1) shall be the same as that of the funeral expenses paid pursuant to Article 15. |
| (4) | No application for paying a special consolation for bereaved family members, etc. for a person referred to in paragraph (1) 1 may be filed upon the expiration of the five-year period following the date this Act enters into force, and no application for paying a special consolation for bereaved family members, etc. for a person referred to in paragraph (1) 2 or 3 may be filed upon the expiration of the five-year period following the persons’ death. |
| Article 18 (Scope and Priority Order of Bereaved Family Members Entitled to Special Consolations for Bereaved Family Members, etc.) |
| (1) | Bereaved family members entitled to special consolations for bereaved family members, etc. shall be those who lived with a victim of humidifier disinfectant referred to in any of the subparagraphs of Article 17 (1) as at the time the victim died. |
| (2) | The order of priority of those entitled to special consolations for bereaved family members, etc. under paragraph (1) shall be the spouse (including a person who is in a de facto marital relationship), children, parents, grandchildren, grandparents, and siblings of the deceased in the named order. |
| (3) | If at least two bereaved family members are entitled to special consolations for bereaved family members, etc. under paragraph (1) in the same order of priority, the special consolations for bereaved family members, etc. shall be apportioned to such bereaved family members equally. |
| Article 19 (Special Recognition as Bereaved Family Members) |
| (1) | A person who seeks to obtain a special consolation for bereaved family members, etc. pursuant to Article 17 (1) shall apply for recognition with the Minister of Environment (hereafter in this Article referred to as “special recognition as a bereaved family member”), along with a document stating medical opinions on health damage caused by humidifier disinfectant and other matters prescribed by Presidential Decree; and Article 10 (2) and (3) shall apply mutatis mutandis to application procedures. In such cases, “recognition of health damage caused by humidifier disinfectant” shall be construed as “special recognition as a bereaved family member.” |
| (2) | Except as provided for in paragraph (1), matters necessary for the procedures and methods for special recognition as bereaved family members shall be prescribed by Presidential Decree. |
| Article 20 (Remedial Benefit Adjustments) |
| (1) | Where a victim of humidifier disinfectant dies due to the health damage caused by the humidifier disinfectant, if the sum of the medical care benefits, allowance for medical care and living costs, and nursing expenses paid (hereafter in this paragraph referred to as “sum”) is less than the amount of the special consolation for bereaved family members determined under Article 17 (2), the amount of the special consolation for bereaved family members minus the aforesaid sum shall be paid as a remedial benefit adjustment to the bereaved family members who lived with the victim of the humidifier disinfectant as at the time the victim died. |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members entitled to remedial benefit adjustments. In such cases, “special consolations for bereaved family members, etc.” shall be construed as “remedial benefit adjustments.” |
| (3) | No application for paying a remedial benefit adjustment pursuant to paragraph (1) may be filed upon the expiration of the three-year period following the date on which a victim of humidifier disinfectant dies. |
| Article 21 (Request for Payment and Determination of Remedial Benefits) |
| (1) | A person who seeks to obtain remedial benefits shall request the Minister of Environment to pay them, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment shall determine whether to pay remedial benefits within 14 days of receipt of a request for payment under paragraph (1): Provided, That the period may be extended by 14 days with notice of ground therefor, if it is difficult to determine whether to pay remedial benefits within 14 days. |
| (3) | In determining whether to pay remedial benefits, the Minister of Environment shall submit the matters prescribed by Presidential Decree to the Committee on Remedying Damage for deliberation. |
| Article 22 (Payment of Remedial Benefits) |
| (1) | The Minister of Environment shall pay remedial benefits within 14 days from the date on which the Minister determines to pay the remedial benefits. |
| (2) | Matters necessary for the procedures for paying remedial benefits pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 23 (Accrued Medical Care Benefits, etc.) |
| (1) | Medical care benefits, allowances for medical care and living costs, or nursing expenses (hereinafter referred to as “medical care benefits, etc.”) payable to a person entitled to such medical care benefits, etc. (hereinafter referred to as “eligible beneficiary”) as at the time the beneficiary died shall be paid upon request by a bereaved family member who lived with the beneficiary at the time of the eligible beneficiary’s death. |
| (2) | Article 18 (2) and (3) shall apply mutatis mutandis to bereaved family members entitled to the medical care benefits, etc. In such cases, “special consolations for bereaved family members, etc.” shall be construed as “medical care benefits, etc.” |
| (3) | No request to pay accrued medical care benefits, etc. pursuant to paragraph (1) may be filed upon the expiration of the three-year period from the date of death of an eligible beneficiary. |
| Article 24 (Restrictions on Payment of Medical Care Benefits, etc.) |
| (1) | If a victim of humidifier disinfectant is found to have aggravated his/her health damage or have interfered with his/her treatment intentionally or by gross negligence, the Minister of Environment may determine to discontinue payment of medical care benefits, etc. fully or partially. |
| (2) | Upon determining to discontinue payment of medical care benefits, etc. pursuant to paragraph (1), the Minister of Environment shall promptly give notice thereof to the victim of humidifier disinfectant or his/her bereaved family members. |
| (3) | Matters necessary for restricting payment of medical care benefits, etc. shall be prescribed by Presidential Decree. |
| Article 25 (Relationship with Other Compensation for Loss or Damage) |
| (1) | If a person entitled to remedial benefits pursuant to this Act has received money or goods amounting to the remedial benefits provided for in this Act, pursuant to the Civil Act or any other Act or subordinate statute on the same grounds, the remedial benefits provided for in this Act shall be withheld up to the amount of the money or goods already received and converted by the method prescribed by Presidential Decree. |
| (2) | The Minister of Environment has a right to exercise, by subrogation, the right of a victim of humidifier disinfectant or his/her bereaved family members to claim compensation against the humidifier disinfectant supplier, etc., to the extent of the remedial benefits, if any, paid pursuant to this Act |
| (3) | In exercising, by subrogation, the right to claim compensation pursuant to paragraph (2), the special consolation for bereaved family members provided for in Article 17 and the remedial benefit adjustment provided for in Article 20 shall be construed as consolation money granted pursuant to the Civil Act. |
| Article 26 (Recovery of Unjust Gains) |
| (1) | The Minister of Environment shall recover remedial benefits (referring to double the benefits in the case of subparagraph 1) paid to a person and transfer the remedial benefits to the Special Account for Environmental Improvement established under Article 45 of the Framework Act on Environmental Policy if: |
| 1. | The person has obtained the remedial benefits by fraud or other illegal means; |
| 2. | The remedial benefits have been erroneously paid. |
| (2) | Matters necessary for the method for recovering unjust gains shall be prescribed by Presidential Decree. |
| Article 27 (Protection of Entitlements) |
No entitlement to remedial benefits under this Act shall be transferred, seized, or provided as security.
| Article 28 (Exemption from Public Dues) |
Neither the State nor a local government shall impose any public due on money or goods paid or provided as remedial benefits.
| Article 29 (Requests for Reexamination) |
| (1) | A person dissatisfied with a determination, recognition, etc. (hereafter in this Article referred to as “determination, etc.”) with regard to any of the following matters may file a request for reexamination with the Minister of Environment: |
| 1. | An order to provide or allow perusal of information pursuant to Article 6 (5); |
| 2. | Recognition of health damage caused by humidifier disinfectants and the grade of injury pursuant to Article 10 (2); |
| 3. | Revocation of recognition of health damage caused by humidifier disinfectants, renewal of the term of validity, and change of the grade of injury pursuant to Article 11 (3); |
| 4. | Special recognition as bereaved family members pursuant to Article 19 (1); |
| 5. | Payment of remedial benefits pursuant to Article 21 (3). |
| (2) | A request for reexamination pursuant to paragraph (1) shall be filed within 90 days from the date on which the requester becomes aware that the relevant determination, etc. has been made: Provided, That a period during which it is impossible to file a request for examination due to a natural disaster, war, upheaval, or other force majeure event shall be excluded from the period for filing a request for examination. |
| (3) | Except as provided for in paragraphs (1) and (2), the procedure and method for filing requests for reexamination, and the determination thereon, and the notification of such determination shall be prescribed by Presidential Decree. |
| Article 30 (Deliberation on and Determination as to Requests for Reexamination) |
The Minister of Environment shall make a determination as to a request for reexamination within 30 days from the date of receiving the request for reexamination pursuant to Article 29, subject to deliberation by the Committee on Remedying Damage: Provided, That the period may be extended only once by up to 30 days if it is impossible to determine within the aforesaid period due to any inevitable circumstance.
CHAPTER III SPECIAL REMEDY ACCOUNT FOR DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 31 (Establishment and Funding of Special Remedy Account for Damage Caused by Humidifier Disinfectants) |
| (1) | The Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act (hereafter in this Article and Articles 32 and 33, referred to as the “Management Institute”) shall establish and manage a special remedy account for damage caused by humidifier disinfectants (hereinafter referred to as the “Special Remedy Account”) to provide support to the victims of humidifier disinfectants. |
| (2) | The Special Remedy Account shall be funded by the following, and the amount thereof shall not exceed 200 billion won: |
| 1. | Contributions to remedy damage caused by humidifier disinfectants pursuant to Article 34; |
| 2. | Proceeds accruing from managing the Special Remedy Account; |
| 4. | Surplus accruing at the settlement of accounts of the Special Remedy Account; |
| Article 32 (Use of Special Remedy Account) |
The Special Remedy Account shall be used for the following purposes:
| 1. | Paying benefits to any of the following victims of humidifier disinfectant. The amount and period of such benefits shall amount to those of remedial benefits: |
| (a) | A victim of humidifier disinfectant who cannot identify the humidifier disinfectant supplier liable to compensate for damage pursuant to Article 4; |
| (b) | A victim of humidifier disinfectant whose humidifier disinfectant supplier liable to compensate for damage pursuant to Article 4 is in financial hardship and practically unable to pay compensation; |
| 2. | Paying benefits to an applicant for recognition recognized by the remedy account management committee referred to in Article 33 (3) as needing assistance equivalent to remedial benefits based upon epidemiological investigations, the degree of exposure to humidifier disinfectants, and the connection between the use of humidifier disinfectants and the damage to life or health; |
| 3. | Repaying borrowings and interest; |
| 4. | Expenses incurred in funding, managing and operating the Special Remedy Account; |
| 5. | Reimbursing expenses incurred in medical examinations and tests pursuant to Article 10 (4); |
| 6. | Expenses incurred in demanding medical examinations and tests pursuant to Article 38; |
| 7. | Reimbursing expenses recognized by the remedy account management committee pursuant to Article 33 (3) in any of the following cases: |
| (a) | Where emergency medical assistance is needed for an applicant for recognition; |
| (b) | Where a substantial difference exists between the amount of the benefit paid pursuant to subparagraph 1 of Article 32 and the amount of compensation paid to another victim of humidifier disinfectant by the humidifier disinfectant supplier; |
| (c) | Where expenses are incurred to perform the duties pursuant to this Act, as prescribed by Presidential Decree. |
| Article 33 (Management and Operation of Special Remedy Account) |
| (1) | The head of the Management Institute shall manage and operate the Special Remedy Account as follows: |
| 1. | Depositing and placing money in trust at a financial institution or postal service agency; |
| 2. | Depositing in a treasury fund; |
| 3. | Purchasing beneficiary certificates of an investment trust or similar; |
| 4. | Purchasing securities issued directly or guaranteed for payment of debts by the State, a local government, or a financial institution; |
| 5. | Other methods prescribed by Presidential Decree. |
| (2) | The head of the Management Institute shall apply the Korea Financial Accounting Standards to the accounting for the Special Remedy Account. |
| (3) | The head of the Management Institute shall organize and operate a remedy account management committee to manage and operate the Special Remedy Account and to recognize the need for benefits and subsidies provided for in subparagraphs 1, 2, and 7 of Article 32. |
| (4) | The remedy account management committee referred to in paragraph (3) shall be comprised of not more than twenty members, including one chairperson and other persons with expertise and abundant experience in the relevant field, and the chairperson shall be elected from among and by the members. The remedy account management committee may establish a special committee for professional examinations of matters relating to recognizing the need for benefits and subsidies provided for in subparagraph 1, 2, or 7 of Article 32. |
| (5) | If the head of the Management Institute has erroneously paid any benefit provided for in subparagraph 1 or 2 of Article 32 or a victim of humidifier disinfectant has obtained such benefit by fraud or other improper means, the Management Institute shall recover the full amount paid (referring to double the amount paid if the victim has obtained such benefit by fraud or other improper means) and transfer it to the Special Remedy Account. |
| (6) | Except as provided for in paragraphs (1) through (5), other matters relating to managing and operating the Special Remedy Account, such as the procedures for disbursement, establishing and operating the remedy account management committee, recognizing the need for benefits or subsidies, and paying benefits and subsidies pursuant to Article 32 shall be prescribed by Presidential Decree. |
| Article 34 (Contributions to Remedy Damage Caused by Humidifier Disinfectants) |
| (1) | The Minister of Environment shall impose and collect contributions to remedy damage caused by humidifier disinfectants (hereinafter referred to as “contributions”) on and from the following persons, as prescribed by Presidential Decree, in order to secure funding for supporting the victims of humidifier disinfectants under this Act. In such cases, the Minister of Environment may entrust imposition and collection of contributions to the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act pursuant to Article 42 (2) (hereafter in this Article and Article 35, referred to as the “Imposing and Collecting Authority”): |
| 1. | Humidifier disinfectant suppliers; |
| 2. | Raw material suppliers. |
| (2) | Notwithstanding paragraph (1), a person who fails to meet specified standards regarding the sales of humidifier disinfectants or raw materials or the capacity to pay contributions may be exempted from the obligation to pay the contribution or granted a reduction of the contribution, as prescribed by Presidential Decree. |
| Article 35 (Calculation and Payment of Contributions) |
| (1) | The total amount of contributions to be paid by humidifier disinfectant suppliers shall be 100 billion won, and the amount of a contribution payable by each humidifier disinfectant supplier shall be calculated by the following formula: |
Contribution = 100 billion won ×｛(usage ratio of humidifier disinfectant × 2.5 ＋ sales ratio of humidifier disinfectant × 1) / 3.5｝
| (2) | “Usage ratio of humidifier disinfectant” in paragraph (1) means the share of an individual humidifier disinfectant supplier among all humidifier disinfectant users confirmed through a survey of applicants for recognition on environmental exposure, to identify an environment, the period of exposure to humidifier disinfectants, and the products consumed; and the timing for calculating the usage ratio of humidifier disinfectant and the detailed method of calculation shall be prescribed by Presidential Decree. |
| (3) | “Sales ratio of humidifier disinfectant” in paragraph (1) means the sales share of an individual humidifier disinfectant supplier among the total sales of humidifier disinfectants sold from 1994 to 2011, and the detailed method for calculation shall be prescribed by Presidential Decree. |
| (4) | If more than one humidifier disinfectant supplier is involved with the same humidifier disinfectant, the suppliers are jointly liable to pay the contribution, as determined by Presidential Decree, based upon the period and scale of business. |
| (5) | A raw material supplier shall pay as an additional contribution an amount equivalent to 25/100 of the contribution to be paid by the relevant humidifier disinfectant supplier. |
| (6) | If a person liable to pay a contribution fails to pay it by the payment deadline, the Minister of Environment or the head of the Imposing and Collecting Authority shall demand the person to pay it within a specified period of at least 30 days. In such cases, a late-payment penalty of up to 3/100 of the contribution in arrears shall be imposed for a period from the day after the payment deadline to the day before the payment date, and the rate of the late-payment penalty shall be prescribed by Presidential Decree. |
| (7) | If a person in receipt of demand notice pursuant to paragraph (6) fails to pay his/her/its contribution and late-payment penalty within the specified period, such contribution and late-payment penalty shall be collected in the same manner as delinquent national taxes are collected. |
| (8) | Matters necessary for imposing and collecting contributions, such as paying them in installments, methods of collection, payment deadlines, and payment procedures, shall be prescribed by Presidential Decree. |
| Article 36 (Filing Objections) |
| (1) | Any of the persons referred to in the subparagraphs of Article 34 (1) who has an objection to the contribution imposed, may file an objection with the Minister of Environment within 30 days from the date he/she receives a notice for payment of the contribution. |
| (2) | Upon receipt of an objection filed under paragraph (1), the Minister of Environment shall make a determination as to the objection within 30 days from the date of receiving the objection and give notice to the applicant of the determination. |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 37 (Inspections and Reporting) |
| (1) | Where necessary for performing the duties provided for in this Act, the Minister of Environment may request a humidifier disinfectant supplier, a raw material supplier, a victim of humidifier disinfectant or his/her bereaved family member, or the head of a relevant administrative agency or a relevant institution, corporation, or organization prescribed by Presidential Decree (hereafter in this Article referred to as “supplier, etc.”) to perform, or direct his/her employees to perform, each of the following: |
| 1. | Submitting materials, goods, and opinions necessary for performing the duties provided for in this Act; |
| 2. | Inspecting materials, goods, facilities, and related parties necessary for performing the duties provided for in this Act. |
| (2) | To conduct an inspection pursuant to paragraph (1) 2, the relevant public official shall carry identification indicating his/her authority and produce it to interested persons. |
| (3) | A supplier, etc. in receipt of a request pursuant to paragraph (1) shall comply therewith except in special circumstances. |
| (5) | An eligible beneficiary or a person formerly entitled to benefits, a humidifier disinfectant supplier, or a raw material supplier shall report to the Minister of Environment on any matter prescribed by Presidential Decree regarding changes in the entitlement, within one month of the change. |
| Article 38 (Demand for Medical Examination) |
Where necessary for making a determination under this Act, the Minister of Environment may demand that a victim of humidifier disinfectant or an applicant for recognition undergo a medical examination, test, or checkup at an institution determined by the Minister of Environment, as prescribed by Presidential Decree.
| Article 39 (Temporary Suspension of Remedial Benefits) |
| (1) | The Minister of Environment may temporarily suspend payment of remedial benefits if a beneficiary of remedial benefits falls under any of the following: |
| 1. | Where the beneficiary fails to report under Article 37 (5) or (6); |
| 2. | Where the beneficiary fails to comply with a demand made under Article 38; |
| 3. | Where any other event prescribed by Presidential Decree occurs. |
| (2) | Kinds of remedial benefits that can be temporarily suspended pursuant to paragraph (1) and the period and procedure for temporary suspension shall be prescribed by Presidential Decree. |
| Article 40 (Establishment and Operation of Help Center for Victims of Humidifier Disinfectants) |
| (1) | The Government shall establish and operate a Help Center for Victims of Humidifier Disinfectants to support the victims of humidifier disinfectants and a Health Center for Victims of Humidifier Disinfectants to professionally research and study into health damage caused by humidifier disinfectants. |
| (2) | The Help Center for Victims of Humidifier Disinfectants referred to in paragraph (1) shall perform the following functions: |
| 1. | Monitoring the health of victims of humidifier disinfectants and other persons prescribed by Presidential Decree; |
| 2. | Collecting and managing information on humidifier disinfectants, health damage caused by humidifier disinfectants, and victims of humidifier disinfectants; |
| 3. | Identifying victims of humidifier disinfectants; |
| 4. | Educating and campaigning to prevent recurrence of similar damage; |
| 5. | Other support for victims of humidifier disinfectants, as prescribed by Presidential Decree. |
| (3) | The Health Center for Victims of Humidifier Disinfectants referred to in paragraph (1) shall perform the following functions: |
| 1. | Providing medical consultation and support for victims of humidifier disinfectants; |
| 2. | Researching and studying into effects of humidifier disinfectants and toxic chemicals on health; |
| 3. | Studying into treatment of health damage caused by humidifier disinfectants, nursing, and rehabilitation technologies; |
| 4. | Other researches and studies into health damage caused by humidifier disinfectants prescribed by Presidential Decree. |
| (4) | Matters necessary for establishing and operating the Help Center for Victims of Humidifier Disinfectants and the Health Center for Victims of Humidifier Disinfectants pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| Article 41 (Special Rule for Extinctive Prescription) |
| (1) | Notwithstanding Article 766 (1) of the Civil Act, the right to claim compensation for health damage caused by a humidifier disinfectant shall be extinguished by completion of prescription unless exercised within five years from the date on which a victim of the humidifier disinfectant or his/her bereaved family member or legal representative becomes aware of the damage and of the person liable to compensate for damage pursuant to Article 4. |
| (2) | Notwithstanding Article 766 (2) of the Civil Act, the right to claim compensation for health damage caused by a humidifier disinfectant shall be extinguished by completion of prescription unless exercised within twenty years from the date the damage occurs. |
| Article 42 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Environment may partially delegate his/her authority provided for in this Act to the head of his/her affiliated agency, as prescribed by Presidential Decree. |
| (2) | The Minister of Environment may partially entrust his/her authority provided for in this Act to the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act and the Environmental Health Center designated pursuant to Article 26 of the Environmental Health Act, as prescribed by Presidential Decree. |
| Article 43 (Deeming Public Officials for Purposes in of Penalty Provisions) |
Members of the Committee on Remedying Damage, the special committee for examination and determination of pulmonary diseases, and the special committee for examination and determination of extrapulmonary diseases shall be deemed public officials for purposes of Articles 129 through 132 of the Criminal Act.
| Article 44 (Duty to Maintain Confidentiality) |
No person who serves, or has served, as any of the following shall divulge any confidential information he/she becomes aware of in the course of performing his/her duties:
| 1. | A member of the Committee on Remedying Damage, the special committee for examination and determination of pulmonary diseases, or the special committee for examination and determination of extrapulmonary diseases; |
| 2. | An employee of an institution entrusted with authority pursuant to Article 42. |
CHAPTER V PENALTY PROVISIONS
| Article 45 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment for not more than two years, or by a fine not exceeding twenty million won: |
| 1. | A person who obtains any remedial benefit or any benefit referred to in subparagraph 1 or 2 of Article 32 by fraud or other improper means; |
| 2. | A person who divulges any confidential information he/she has become aware of in the course of performing his/her duties, in violation of Article 44. |
| (2) | Any of the following persons shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won: |
| 1. | A person who divulges or provides information to any third person or misappropriates it, in violation of Article 6 (6); |
| 2. | A person who submits any false material, goods, or opinion in relation to a request or an inspection pursuant to Article 37 (1); |
| 3. | A person who fails or refuses to comply with a request or an inspection without just cause, in violation of Article 37 (3); |
| 4. | A person who fails or refuses to provide personal information without just cause, in violation of Article 37 (4). |
| Article 46 (Joint Penalty Provisions) |
If the representative of a corporation or an agent, employee, or other servant of a corporation or an individual commits any offense provided for in Article 45 (2) in the course of performing the duties of the corporation or the individual, not only shall the offender be punished accordingly, but the corporation or individual also shall be punished by a fine prescribed in said provision: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offense.
| Article 47 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to report, or falsely reports, in violation of Article 37 (5); |
| 2. | A person who fails to report, or falsely reports, in violation of Article 37 (6). |
| (2) | A person who fails to comply with an order to provide or allow perusal of information issued under Article 6 (5) may be subject to an enforcement fine not exceeding one hundred million won per year depending on the number of days during which the person fails to comply with the order, as prescribed by Presidential Decree. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 37 (1) through (4), 45 (2) 2 through 4, and 46 (except violations of Article 45 (2) 1) shall enter into force on the date of its promulgation. Article 2 (Transitional Measures)
| (1) | Any application, request, determination, payment, support, or recognition pursuant to Article 20 of the Environmental Health Act before this Act enters into force shall be deemed an application, request, determination, payment, support, or recognition pursuant to this Act. |
| (2) | When applying the period for processing the work under this Act for any application, request, determination, payment, support, or recognition pursuant to paragraph (1), the date this Act enters into force may be deemed the date from which the period for processing the work runs. |
| (3) | If a victim of humidifier disinfectant receiving the support pursuant to Article 20 (1) of the Environmental Health Act before this Act enters into force falls under any of the items of subparagraph 1 of Article 32, the Minister of Environment may pay the victim a remedial benefit in lieu of the benefit provided for in subparagraph 1 of Article 32 for the remainder of the term of validity recognized pursuant to paragraph (1). |