CHAPTER I GENERAL PROVISIONS
| Article 2 (Health Damage Caused by Humidifier Disinfectants) |
| 1. | Miscarriage, stillbirth, or delivery of an abnormal baby due to humidifier disinfectant damage suffered by a woman who is a victim of humidifier disinfectant; |
| 2. | Damage to life or health publicly notified by the Minister of Environment after deliberation by the Committee on Remedying Damage Caused by Humidifier Disinfectants (hereinafter referred to as the “Committee on Remedying Damage”) established pursuant to Article 7 of the Act, which is recognized from epidemiological investigations and other related research findings as having a substantial causal relationship with exposure to humidifier disinfectants. |
| Article 3 (Procedures and Methods for Requesting Information) |
| (1) | Where a victim of humidifier disinfectant or a humidifier disinfectant supplier intends to request information in accordance with Article 6 (1) or (2) of the Act, the victim shall file a written request with the relevant humidifier disinfectant supplier or raw material supplier, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | Upon receipt of a request for information pursuant to paragraph (1), the humidifier disinfectant supplier or raw material supplier shall notify in writing the relevant requester of the determination as to the request, as prescribed by Ordinance of the Ministry of Environment, within 14 days from the date of receiving the request. In such cases, if the humidifier disinfectant supplier or raw material supplier is to provide such information by means of perusal, he/she shall fix the date and venue for perusal and give notice thereof to the relevant requester by not later than 3 days before the date for perusal. |
| (3) | Notwithstanding paragraph (2), a humidifier disinfectant supplier or raw material supplier in receipt of a request for information pursuant to paragraph (1) may extend the period specified under paragraph (2) once by up to 14 days if just cause exists for such extension. In such cases, the humidifier disinfectant supplier or raw material supplier shall give notice to the requester of the ground for extension and the extended period within 14 days from the date of receiving the request. |
| Article 4 (Requests for Orders to Provide or Allow Perusal of Information) |
| (1) | To request an order to provide or allow perusal of information pursuant to Article 6 (4) of the Act, the victim of humidifier disinfectant or the humidifier disinfectant supplier shall file a written request with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | Upon receipt of a request for an order to provide or allow perusal of information pursuant to paragraph (1), the Minister of Environment shall determine whether to issue an order to provide or allow perusal of information within 30 days from the date of receiving the request and the scope and method of provision or perusal, and then give notice to the requester of the determination, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | Notwithstanding paragraph (2), the Minister of Environment may extend the notification period once by up to 30 days if just cause exists for such extension, including on-site inspections or opinion collection. In such cases, the Minister of Environment shall give notice to the requester of the ground for extension and the extended period within 10 days from the date of receiving the request. |
CHAPTER II COMMITTEE ON REMEDYING DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 5 (Organization of Committee on Remedy for Damage) |
| (1) | “Head of a central administrative agency prescribed by Presidential Decree” in Article 7 (3) 1 of the Act means the head of a central administrative agency as follows: |
| 1. | The Minister of Health and Welfare; |
| 2. | The Minister of Environment; |
| 3. | The head of a central administrative agency requested by the Committee on Remedying Damage for participation. |
| (2) | “Head of an institution, a corporation, or an organization prescribed by Presidential Decree” in Article 7 (3) 2 of the Act means the president of the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act. |
| Article 6 (Withdrawal of Commission or Designation of Members of Committee on Remedying Damage) |
The Minister of Environment may withdraw the commission or designation of a member of the Committee on Remedying Damage if the member falls under any of the following:
| 1. | Where the member becomes unable to perform his/her duties due to any mental disorder; |
| 2. | Where the member engages in misconduct in relation to his/her duties; |
| 3. | Where the member is deemed unfit to serve as a member of the Committee on Remedying Damage on grounds of neglecting duty, losing dignity or similar; |
| 4. | Where the member fails to voluntarily refrain from participating in deliberation and resolution even though he/she falls under any of the subparagraphs of Article 8 (1); |
| 5. | Where the member voluntarily manifests his/her unsuitability to perform his/her duties. |
| Article 7 (Grounds for Disqualification of Members of Committee on Remedying Damage) |
None of the following persons can become a member of the Committee on Remedying Damage:
| 1. | A person under adult guardianship or limited guardianship; |
| 2. | A person in whose case five years have not passed since his/her imprisonment without labor or a heavier punishment declared by a court was completely executed or such sentence was finally and conclusively suspended; |
| 3. | A person who was issued a suspended sentence of imprisonment without labor or a heavier punishment; and for whom two years have not passed since the period of suspension expired; |
| 4. | A person who is under a suspended sentence of imprisonment without labor or a heavier punishment; |
| 5. | A person whose qualification is revoked or suspended pursuant to a court judgment or any other Act; |
| Article 8 (Exclusion from, Challenge to, and Voluntary Refrainment by, Members of Committee on Remedying Damage) |
| (1) | If a member of the Committee on Remedying Damage falls under any of the following subparagraphs, the member shall be excluded from participating in deliberation and resolution by the Committee on Remedying Damage: |
| 1. | Where the member or his/her spouse or former spouse is a party (if the party is a corporation or an organization, including its executive officers; hereafter in this subparagraph and subparagraph 2, the same shall apply) to the agenda item or is related to such party as a co-obligee or co-obligor; |
| 2. | Where the member is or was in a relative of a party to the agenda item; |
| 3. | Where the member has provided advice, research or services (including subcontracting; hereafter in this subparagraph, the same shall apply), or conducted an appraisal or examination, regarding the agenda item: Provided, That this shall exclude where such advice, research, services, appraisal or examination is ordered or requested by a State agency or local government; |
| 4. | Where the member or the corporation or organization to which the member belongs is or was involved as an agent of a party to the agenda item. |
| (2) | If a party finds it impracticable to expect a fair deliberation and resolution from a member of the Committee on Remedying Damage, the party may file an application with the Committee for challenging the member, and the Committee on Remedying Damage shall determine whether to challenge the member by resolution. In such cases, the member against whom an application for challenge is filed shall not participate in the resolution. |
| (3) | If a member of the Committee on Remedying Damage is subject to any grounds for disqualification prescribed in any of the subparagraphs of paragraph (1), the member shall voluntarily refrain from deliberating and resolving on the agenda item. |
| Article 9 (Duties of Chairperson of Committee on Remedying Damage) |
| (1) | The chairperson of the Committee on Remedying Damage shall represent the Committee on Remedying Damage and exercise general control over its affairs. |
| (2) | If the chairperson of the Committee on Remedying Damage is unable to perform his/her duties due to any inevitable circumstance, the member pre-designated by the chairperson shall act on behalf of the chairperson. |
| Article 10 (Operation of Committee on Remedying Damage) |
| (1) | The chairperson of the Committee on Remedying Damage shall convene and preside over Committee meetings if he/she deems necessary or upon a request by at least 1/3 of all members thereof. |
| (2) | A majority of the members of the Committee on Remedying Damage shall constitute a quorum, and resolutions shall be adopted with the concurring votes of a majority of the members present. |
| (3) | Except as provided for in paragraphs (1) and (2), matters necessary for operating the Committee on Remedying Damage shall be prescribed by the Minister of Environment. |
| Article 11 (Executive Secretary) |
| (1) | The Committee on Remedying Damage shall have one executive secretary to administer its clerical work. |
| (2) | The executive secretary shall be designated by the Minister of Environment from among the public officials of the Ministry of Environment. |
| Article 12 (Organization and Operation of Special Committee for Examination and Determination of Pulmonary Diseases) |
| (1) | In accordance with Article 7 (4) of the Act, the special committee for examination and determination of pulmonary diseases and the special committee for examination and determination of extrapulmonary diseases (hereinafter referred to as “special committee for examination and determination”) shall be established within the Committee on Remedying Damage. |
| (2) | Each special committee for examination and determination shall be comprised of not more than 30 members, including one chairperson. |
| (3) | The chairperson of each special committee for examination and determination shall be appointed by the Minister of Environment from among the members of the Committee on Remedying Damage. |
| (4) | Members of each special committee for examination and determination shall be designated or commissioned by the Minister of Environment in consideration of gender balance, from among the following persons: |
| 1. | A member of the Committee on Remedying Damage; |
| 2. | A specialist in a medical field related to health damage caused by humidifier disinfectants, such as radiology, pulmonology, preventive medicine, pathology, or occupational medicine; |
| 4. | A person who has worked as a judge, a public prosecutor, or an attorney-at-law for at least five years. |
| (5) | The term of office of a member (excluding a member referred to in Article 7 (3) 1 or 2 of the Act among those referred to in paragraph (4) 1) of each special committee for examination and determination shall be two years, renewable only twice. |
| (6) | The chairperson of the Committee on Remedying Damage may request the special committee for examination and determination to review the following matters in accordance with Article 7 (4) of the Act, and the chairperson of the special committee for examination and determination so requested shall report the findings of review to the Committee on Remedying Damage: |
| 1. | Matters concerning whether to recognize health damage caused by humidifier disinfectant and the grade of injury pursuant to Article 10 (2) of the Act; |
| 2. | Matters concerning revoking the recognition of health damage caused by humidifier disinfectant, the renewal of the term of validity, and the change in the grade of injury pursuant to Article 11 (3) of the Act; |
| 4. | Matters concerning deliberation and determination on requests for reexamination pursuant to Article 30 of the Act. |
| (7) | Articles 6 through 11 shall apply mutatis mutandis to withdrawing commission or designation of members of each special committee for examination and determination; grounds for disqualification; exclusion from, challenge to, and voluntary refrainment by, members; the duties of the chairperson of each special committee for examination and determination; the operation of each special committee for examination and determination; and the executive secretary. In such cases, “the Committee on Remedying Damage” shall be construed as “each special committee for examination and determination.” |
| Article 13 (Allowances and Travel Expenses) |
Allowances may be paid and travel expenses may be reimbursed to members who attend meetings of the Committee on Remedying Damage or the special committee for examination and determination within budgetary limits: Provided, That this shall not apply where a public official member attends such meeting in direct connection with his/her duties.
| Article 14 (Victims’ Organizations) |
| (1) | When establishing an organization in accordance with Article 9 (1) of the Act, the victims of humidifier disinfectants and their bereaved family members shall include in the organization at least five of the victims of humidifier disinfectants (including their legal representatives; hereafter in this Article the same shall apply) or their bereaved family members, one of whom shall be selected as its representative. |
| (2) | To report an organization established in accordance with paragraph (1), the victims of humidifier disinfectants and their bereaved family members shall file a report on the establishment of an organization of the victims of humidifier disinfectants with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | Upon receipt of a report pursuant to paragraph (2), the Minister of Environment shall issue a certificate of reporting an organization of the victims of humidifier disinfectants, as prescribed by Ordinance of the Ministry of Environment. |
| (4) | An organization that has been issued a certificate of reporting through reporting pursuant to paragraphs (2) and (3) (hereinafter referred to as “victims’ organization”) shall file a report on change of its representative, if any, with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| Article 15 (Applying for Recognition of Health Damage Caused by Humidifier Disinfectants) |
| (1) | A person who intends health damage caused by humidifier disinfectant to be recognized in accordance with Article 10 (1) of the Act shall file an application for recognition of health damage caused by humidifier disinfectant with the Minister of Environment, along with the following materials, as prescribed by Ordinance of the Ministry of Environment. In such cases, the Minister of Environment shall verify a certified transcript of the applicant’s resident registration record and Family Relation Certificate using shared administrative information pursuant to Article 36 (1) of the Electronic Government Act; and, if the applicant does not consent thereto, the Minister of Environment shall require the applicant to submit said documents along with the application: |
| 2. | The following documents issued by a medical institution designated and publicly notified by the Minister of Environment within three months before the date an application for recognition of health damage is filed: |
| (a) | Computed tomography photographs and examination documents; |
| (b) | Documents on examination of pulmonary functions; |
| 3. | Other documents or medical examination records verifying health damage caused by humidifier disinfectants, which are designated and publicly notified by the Minister of Environment. |
| (2) | The Minister of Environment shall issue a certificate of recognition of humidifier disinfectant damage to a victim recognized as having suffered health damage caused by humidifier disinfectant in accordance with Article 10 (2) of the Act among those who have filed applications pursuant to paragraph (1) (hereinafter referred to as “applicant for recognition”), as prescribed by Ordinance of the Ministry of Environment. |
| (3) | If the Minister of Environment determines not to recognize health damage caused by humidifier disinfectant pursuant to Article 10 (2) of the Act, the Minister may give notice to the remedy account management committee referred to in Article 33 (3) of the Act (hereinafter referred to as the “remedy account management committee”) of the relevant applicant for recognition and provide the materials described in the subparagraphs of paragraph (1), so that the remedy account management committee can examine whether to provide such applicant for recognition with assistance prescribed in subparagraph 2 of Article 32 of the Act. |
| (4) | Except as provided for in paragraphs (1) through (3), matters necessary to apply for recognition of health damage caused by humidifier disinfectants shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 16 (Criteria for Recognition of Health Damage Caused by Humidifier Disinfectants and Grades of Injury) |
| (1) | The criteria for recognition of health damage caused by humidifier disinfectants and the grades of injury referred to in the main sentence of Article 10 (2) of the Act are as specified in attached Table 1. |
| (2) | The Minister of Environment shall consider the following to review the medical fitness and feasibility of the criteria for recognition of health damage caused by humidifier disinfectants pursuant to Article 10 (5) of the Act: |
| 1. | Records of the health monitoring referred to in Article 40 (2) 1 of the Act or the medical consultation and support referred to in paragraph (3) 1 of the same Article; |
| 2. | Related test or research materials that may affect the criteria for recognition of health damage caused by humidifier disinfectants; |
| 3. | Details of professional reviews by special committees for examination and determination pursuant to Article 7 (4) of the Act; |
| 4. | Materials submitted by victims’ organizations to the Minister of Environment relating to recognition of health damage caused by humidifier disinfectants. |
| Article 17 (Reimbursement of Expenses Incurred in Receiving Medical Examinations and Tests) |
| (2) | Matters necessary for applying for the reimbursement of expenses pursuant to Article 10 (4) of the Act shall be prescribed by Ordinance of the Ministry of Environment. |
| Article 18 (Term of Validity of Recognition of Health Damage Caused by Humidifier Disinfectants) |
| (1) | The term of validity of the recognition of health damage caused by humidifier disinfectant pursuant to Article 11 (1) of the Act (hereinafter referred to as “term of validity”) shall be five years. |
| (2) | A victim of humidifier disinfectant who seeks to apply to renew the term of validity pursuant to Article 11 (2) of the Act shall file an application to renew the term of validity with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (3) | The Minister of Environment shall determine whether to renew the term of validity within 30 days from the date of receiving an application filed pursuant to paragraph (2); and, if the application filed pursuant to paragraph (2) is incomplete, the Minister of Environment may request the relevant applicant to supplement it in writing, stating the items to be supplemented and the period for supplementation. In such cases, the period for supplementation shall be excluded from the period for determining whether to renew the term of validity. |
| (4) | Where a term of validity is renewed in accordance with Article 11 (3) of the Act, the amount of remedial benefits payable to the victim of humidifier disinfectant shall be the same as before the renewal: Provided, That when the grade of injury is changed, the amount of remedial benefits shall be adjusted and paid according to the changed grade, from the month following the month in which the date of renewing the term of validity falls. |
| Article 19 (Medical Care Benefits and Allowances for Medical Care and Living Costs) |
| 1. | Costs of non-benefit items paid by victims of humidifier disinfectants to health care institutions referred to in Article 42 of the National Health Insurance Act (hereafter in this paragraph referred to as “health care institutions”) for treating health damage caused by humidifier disinfectants: Provided, That such costs exclude the expenses incurred in using upper-grade wards determined and publicly notified by the Minister of Environment; |
| 2. | Costs of purchasing or leasing the following equipment paid by victims of humidifier disinfectants to institutions other than health care institutions for treating or mitigating health damage caused by humidifier disinfectants: Provided, That when costs of leasing the following equipment can be covered fully or partially by the health care costs pursuant to Article 49 of the National Health Insurance Act, costs of purchasing the equipment may be excluded, and only the costs borne by the victims of humidifier disinfectants out of costs of leasing may be covered by the medical care benefits: |
| (a) | A medical ventilator; |
| (d) | Other medical equipment and medical consumables determined and publicly notified by the Minister of Environment. |
| Article 20 (Funeral Expenses) |
| (2) | The standard median income referred to in paragraph (1) shall be the standard median income for the year in which an application for funeral expenses is filed. |
| Article 21 (Nursing expenses) |
| Article 22 (Special Consolations for Bereaved Family Members) |
| (1) | A special consolation for bereaved family members prescribed in Article 17 (1) of the Act shall be an amount equivalent to 1,500/100 of the funeral expenses provided for in Article 20 (1). |
| (2) | Notwithstanding paragraph (1), if an amount provided for in Article 13 (2) and (3) of the Act out of the medical expenses borne by any person referred to in the subparagraphs of Article 17 (1) of the Act exceeds the amount provided for in paragraph (1), the difference may be paid additionally. |
| Article 23 (Applying for Special Recognition as Bereaved Family Members) |
A person who seeks to obtain recognition from the Minister of Environment pursuant to Article 19 (1) of the Act (hereinafter referred to as “special recognition as a bereaved family member”) shall file an application with the Minister of Environment for special recognition as a bereaved family member, as prescribed by Ordinance of the Ministry of Environment. In such cases, the Minister of Environment shall verify a transcript of the applicant’s resident registration record and Family Relation Certificate using shared administrative information pursuant to Article 36 (1) of the Electronic Government Act; and, if the applicant does not consent thereto, the Minister of Environment shall require the applicant to submit said documents along with the application.
| Article 24 (Procedures for Requesting Payment of Remedial Benefits) |
| (1) | A person who seeks to request payment of remedial benefits pursuant to Article 21 (1) of the Act shall file an application to pay remedial benefits with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | If an application to pay remedial benefits filed pursuant to paragraph (1) is incomplete, the Minister of Environment may request the relevant applicant to supplement it in writing, stating the items to be supplemented and the period for supplementation. In such cases, the period for supplementation shall be excluded from the period for determination specified in Article 21 (2) of the Act. |
| 1. | Matters as to whether a victim of humidifier disinfectant died due to humidifier disinfectant damage relating to payment of the funeral expenses pursuant to the Article 15 of the Act and the remedial benefit adjustments pursuant to Article 20 of the Act; |
| 2. | Other matters that the Minister of Environment refers to the Committee on Remedying Damage for deliberation, as requiring professional judgment. |
| Article 25 (Procedures for Payment of Remedial Benefits) |
To pay remedial benefits pursuant to Article 22 (1) of the Act, the Minister of Environment shall transfer the remedial benefits to a deposit account (referring to a deposit account specified by the Minister of Environment, such as a deposit account opened with a postal service agency pursuant to the Postal Savings and Insurance Act or with a bank pursuant to the Banking Act) designated by the person entitled to the remedial benefits: Provided, That when any inevitable circumstance arises that prevents transfer of the remedial benefits to the relevant deposit account, payments can be made in the manner prescribed by the Minister of Environment.
| Article 26 (Restrictions on Payment of Medical Care Benefits, etc.) |
| (1) | The Minister of Environment may request in writing a victim of humidifier disinfectant to make corrections within a specified period not exceeding 30 days before the Minister intends to determine to discontinue payment of medical care benefits, allowances for medical care and living costs, or nursing expenses (hereinafter referred to as “medical care benefits, etc.”) to a victim of humidifier disinfectant pursuant to Article 24 (1) of the Act. |
| (2) | If a victim of humidifier disinfectant fails to make a correction within the period specified under paragraph (1), the Minister of Environment may fully or partially discontinue payment of medical care benefits, etc. |
| (3) | If a victim of humidifier disinfectant makes a correction as requested under paragraph (1) though payment of medical care benefits, etc. has been fully or partially discontinued under paragraph (2), the Minister of Environment may resume payment of medical care benefits, etc. In such cases, the medical care benefits from the day following the expiration of the period specified for making a correction pursuant to paragraph (1), to the day preceding the date of the correction shall not be paid, and allowances for medical care and living costs and nursing expenses shall be paid after making a deduction on a daily basis. |
| Article 27 (Guidelines for Adjustment to Reflect Other Compensation for Loss or Damage) |
“Amount converted by the method prescribed by Presidential Decree” in Article 25 (1) of the Act means an amount converted to the current value by reflecting the annual consumer price index publicly notified by the Commissioner of Statistics Korea each year under Article 3 of the Statistics Act. In such cases, if money or goods amounting to the remedial benefits are medical care services, it refers to the amount of expenses incurred in receiving such services, which is converted to the current value.
| Article 28 (Recovery of Unjust Gains) |
| (1) | If a person is discovered to have obtained any unjust gain as prescribed in the subparagraphs of Article 26 (1) of the Act, the Minister of Environment shall give written notice to the person who has obtained such unjust remedial benefit, specifying such fact and amount of the unjust gain, the deadline for return, the account to which it is to be paid, and the method for filing an objection. |
| (2) | If a person in receipt of written notice given under paragraph (1) fails to return the unjust gain by the deadline for return, the Minister of Environment shall demand the person to pay it within a specified period not exceeding 30 days. |
| Article 29 (Requests for Reexamination) |
| (1) | A person who seeks to request reexamination in accordance with Article 29 of the Act shall file a written application with the Minister of Environment, as prescribed by Ordinance of the Ministry of Environment. |
| (2) | If an application filed pursuant to paragraph (1) is incomplete, the Minister of Environment may request the relevant applicant to supplement it in writing, stating the items to be supplemented and the period for supplementation. In such cases, the period for supplementation shall be excluded from the period for determination referred to in the main sentence of Article 30 of the Act. |
| (3) | Upon determining as to a request for reexamination in accordance with Article 30 of the Act, the Minister of Environment shall promptly give written notice of the determination to the person who has made the request, including the following: |
| 1. | The items requested to be reexamined; |
| 2. | The name and address of the person who has made the request for reexamination; |
| 3. | The details of and ground for the determination; |
| 4. | The date of the determination. |
CHAPTER III SPECIAL REMEDY ACCOUNT FOR DAMAGE CAUSED BY HUMIDIFIER DISINFECTANTS
| Article 30 (Management and Operation of Special Remedy Account for Damage Caused by Humidifier Disinfectants) |
| (1) | The president of the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as “Management Institute”) shall keep separate from other assets, the assets of the special remedy account for damage caused by humidifier disinfectants (hereinafter referred to as the “Special Remedy Account”) pursuant to Article 31 (1) of the Act. |
| (2) | If any ground for recovery prescribed in Article 33 (5) of the Act arises, the head of the Management Institute shall give written notice to the person who has obtained the unjust benefit, specifying the ground for and amount to return, the deadline for return, the account to which it is to be paid, and the method for filing an objection. |
| (3) | If a person in receipt of written notice given under paragraph (2) fails to return the amount by the deadline for return, the head of the Management Institute shall demand the person to pay it within a specified period not exceeding 30 days. |
| Article 31 (Organization and Operation of Remedy Account Management Committee) |
| (1) | Members of the remedy account management committee shall be appointed or commissioned by the head of the Management Institute in consideration of gender balance, from among the following persons. In such cases, at least one of those recommended pursuant to paragraph (2), if any, shall be included therein: |
| 1. | A person who takes charge of affairs relating to humidifier disinfectant damage, among the executives and employees of the Management Institute; |
| 2. | A specialist in a medical field related to health damage caused by humidifier disinfectants, such as radiology, pulmonology, preventive medicine, pathology, or occupational medicine; |
| 4. | A person who has worked as a judge, a public prosecutor, or an attorney-at-law for at least five years; |
| 5. | A person with abundant academic knowledge and experience in asset management or financial management. |
| (2) | A victims’ organization, an environmental organization, a humidifier disinfectant supplier, or a raw material supplier may recommend any referred to in paragraph (1) 1 through 5 as a member of the remedy account management committee. |
| (3) | The term of office of a member referred to in paragraph (1) 2 through 5 shall be two years, renewable only twice. |
| (4) | Articles 6 through 11 and 13 shall apply mutatis mutandis to withdrawing of commission or designation of members of the remedy account management committee; grounds for disqualification; exclusion from, challenge to, and voluntary refrainment by, members; the duties of the chairperson of the remedy account management committee; the operation of the remedy account management committee; the executive secretary; and the payment of allowances and travel expenses. In such cases, “the Committee on Remedying Damage” shall be construed as “the remedy account management committee”, “the Minister of Environment” as “the head of the Management Institute”, “withdraw the commission or designation of a member” as “dismiss, or withdraw the commission of, a member”, and “public officials of the Ministry of Environment” as “executives and employees of the Management Institute,” respectively. |
| Article 32 (Criteria for Entitlement to Assistance Equivalent to Remedial Benefits) |
| (1) | The remedy account management committee may recognize an applicant for recognition not recognized as a sufferer of health damage caused by humidifier disinfectant pursuant to Article 10 (2) of the Act as a person entitled to assistance prescribed in subparagraph 2 of Article 32 of the Act, if the person meets all of the following requirements: |
| 1. | Although the criteria for recognition of health damage caused by humidifier disinfectants referred to in Article 16 (1) are not met, an epidemiological investigation shows that medical probability exists between exposure to humidifier disinfectant and health damage suffered by the applicant for recognition; |
| 2. | Exposure to humidifier disinfectant and health damage are chronological; |
| 3. | Health damage is severe or persistent. |
| (2) | The remedy account management committee may reflect the matters listed in the subparagraphs of Article 16 (2) when considering the requirements prescribed in the subparagraphs of paragraph (1). |
| Article 33 (Imposition and Collection of Contributions to Remedy Damage Caused by Humidifier Disinfectants) |
| (1) | The Minister of Environment or the head of the institute entrusted to impose and collect contributions (hereinafter referred to as the “Imposing and Collecting Authority”) pursuant to the latter part of Article 34 (1) of the Act shall give each humidifier disinfectant supplier and raw material supplier notice for payment of a contribution stating the amount of and deadline for payment and the receiving agency, as prescribed by Ordinance of the Ministry of Environment, to impose a contribution to remedy damage caused by humidifier disinfectants (hereinafter referred to as “contribution”) in accordance with paragraph (1) of said Article. |
| (2) | The deadline for payment of a contribution shall be the 30th day after the notice for payment of the contribution is given under paragraph (1). |
| (3) | The Minister of Environment may exempt any of the following humidifier disinfectant suppliers or raw material suppliers from the obligation to pay a contribution in accordance with Article 34 (2) of the Act: |
| 2. | A humidifier disinfectant supplier or raw material supplier who is practically incapable of paying the contribution due to the cessation of business, dishonor, or bankruptcy; |
| 3. | A humidifier disinfectant supplier satisfying all of the following requirements: |
| (a) | Where its sales of humidifier disinfectants are less than 1/100 of the total sales of the humidifier disinfectants; |
| (c) | Where the humidifier disinfectants it sold do not contain any toxic chemicals. |
| (4) | In accordance with Article 34 (2) of the Act, the Minister of Environment may reduce a contribution for any of the following humidifier disinfectant suppliers or raw material suppliers, classified as follows: |
| Article 34 (Calculation of Contributions) |
| 1. | A person not exposed to any humidifier disinfectant; |
| 2. | A person exposed to humidifier disinfectants, all or some of which are unidentifiable; |
| 3. | A person exposed to a humidifier disinfectant manufactured or imported and sold by a humidifier disinfectant supplier exempted from the obligation to pay a contribution pursuant to Article 33 (3); |
| 4. | A person exposed to a humidifier disinfectant manufactured or imported and sold by a humidifier disinfectant supplier whose contribution is reduced in accordance with Article 33 (4). In such cases, the number of persons excluded from among humidifier disinfectant users shall be calculated by multiplying the number of the persons exposed, by the ratio for reducing a contribution. |
| (2) | When calculating the usage ratio of humidifier disinfectant referred to in Article 35 (1) of the Act, the share of an individual humidifier disinfectant supplier referred to in paragraph (2) of the same Article shall be calculated based on the ratio of the individual humidifier disinfectant supplier who has manufactured or imported and sold the humidifier disinfectants to which all humidifier disinfectant users calculated pursuant to paragraph (1) are exposed. |
| (3) | In calculating the sales ratio of humidifier disinfectant referred to in Article 35 (1) of the Act, the sales of the following humidifier disinfectant suppliers shall be excluded: |
| 1. | The sales of a humidifier disinfectant supplier exempted from the obligation to pay a contribution pursuant to Article 33 (3); |
| 2. | The sales of a humidifier disinfectant supplier whose contribution is reduced in accordance with Article 33 (4), multiplied by the ratio for reducing a contribution. |
| (4) | The sales share of an individual humidifier disinfectant supplier referred to in Article 35 (3) of the Act shall be calculated based on the ratio of the sales of the individual humidifier disinfectant supplier, to the total sales of humidifier disinfectants ascertained through the inspection conducted pursuant to Article 37 of the Act. |
| Article 35 (Joint Payment of Contributions) |
| (1) | Where more than one humidifier disinfectant supplier jointly pays a contribution in accordance with Article 35 (4) of the Act, they shall pay the contribution in proportion to the unit sales price of humidifier disinfectant by such humidifier disinfectant supplier, but if it is impossible to identify the unit sales price of humidifier disinfectant, the unit sales price ratio of a humidifier disinfectant supplier provided with the humidifier disinfectant, to a humidifier disinfectant supplier that provided the humidifier disinfectant shall be 2:1. |
| (2) | Notwithstanding paragraph (1), if none of the multiple humidifier disinfectant suppliers involved in the same humidifier disinfectant is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, the suppliers may jointly pay the contribution according to the ratio agreed upon between them within the range of 2 to 1. |
| (3) | Notwithstanding paragraph (1), if, among the multiple humidifier disinfectant suppliers involved in the same humidifier disinfectant, only the supplier that provided the humidifier disinfectant is a small or medium enterprise defined in Article 2 (1) of the Framework Act on Small and Medium Enterprises, the Minister of Environment shall determine an amount payable by the supplier separately from the other humidifier disinfectant suppliers so that the former’s amount or ratio does not exceed the following amount or ratio: |
| (4) | If more than one raw material supplier is involved in the same raw materials, the contribution shall be paid in proportion to the usage of the raw materials supplied by each raw material supplier in the total sales of humidifier disinfectants using such raw materials: Provided, That the sales of any humidifier disinfectant using raw materials the supplier of which is unidentifiable shall be excluded from the calculation. |
| (6) | If the contribution is payable in proportion to the ratio agreed upon between the multiple humidifier disinfectant suppliers or multiple raw material suppliers for the same humidifier disinfectant, the relevant humidifier disinfectant suppliers or raw material suppliers shall file an application with the Minister of Environment or the head of the Imposing and Collecting Authority, to change the contribution, within seven days from the date of receiving notice for payment given pursuant to Article 33 (1), as prescribed by Ordinance of the Ministry of Environment. |
| (7) | The Minister of Environment or the head of the Imposing and Collecting Authority shall give notice for payment of the changed contribution to the relevant humidifier disinfectant supplier or raw material supplier within seven days from the date of receipt of an application filed pursuant to paragraph (6), as prescribed by Ordinance of the Ministry of Environment. In such cases, the deadline for payment of the changed contribution shall be the 30th day from the date the notice for payment of the changed contribution is given. |
| Article 36 (Late-Payment Penalties) |
A late-payment penalty imposed pursuant to Article 35 (6) of the Act shall be calculated by multiplying an amount equivalent of 1/1,000 of the contribution in arrears, by the number of days from the day after the payment deadline to the day before the payment date.
| Article 37 (Payments of Contributions in Installments) |
| (1) | The Minister of Environment or the head of the Imposing and Collecting Authority may permit a contribution to be paid in installment classified as follows: |
| 1. | Where a contribution imposed on a humidifier disinfectant supplier or a raw material supplier (excluding a supplier referred to in subparagraph 2) exceeds ten billion won: Up to eight installments within a two-year period; |
| (2) | To pay a contribution in installments pursuant to paragraph (1), a humidifier disinfectant supplier or raw material supplier shall file an application to pay the contribution in installments with the Minister of Environment or the head of the Imposing and Collecting Authority within seven days from the date of receiving notice for payment given pursuant to Article 33 (1), as prescribed by Ordinance of the Ministry of Environment. |
| (3) | The Minister of Environment or the head of the Imposing and Collecting Authority shall give notice of whether to accept an application to pay the contribution in installments within 30 days from the date of receipt of the application filed pursuant to paragraph (2), as prescribed by Ordinance of the Ministry of Environment. |
| (4) | If a person in receipt of notice for payment in installments pursuant to paragraph (3) falls under any of the following subparagraphs, the Minister of Environment or the head of the Imposing and Collecting Authority may collect installments in lump sum: In such cases, the Minister of Environment or the head of the Imposing and Collecting Authority shall give prior written notice thereof to the person liable to pay: |
| 1. | Where the person fails to pay an installment by the specified deadline; |
CHAPTER IV SUPPLEMENTARY PROVISIONS
| Article 38 (Inspections and Reporting) |
| (1) | “Head of a relevant administrative agency or a relevant institution, corporation, or organization prescribed by Presidential Decree” in Article 37 (1) of the Act means any of the following: |
| 4. | Persons who sell or distribute humidifier disinfectants, other than humidifier disinfectant suppliers. |
| (2) | Matters to be reported to the Minister of Environment regarding changes in the entitlement in accordance with Article 37 (5) of the Act are as follows: |
| 1. | Granting money or goods equivalent to remedial benefits pursuant to the Civil Act or other Acts and subordinate statutes on the same grounds as those for paying remedial benefits pursuant to the Act; |
| 2. | Matters that may cause recognition of health damage caused by humidifier disinfectant to be revoked or the grade of injury to be changed, such as recovery from such damage or improvement in the state of injury. |
| Article 39 (Cases in which Medical Examinations can be Demanded) |
| (1) | The Minister of Environment may demand a medical examination, test or checkup in accordance with Article 38 of the Act in any of the following cases: |
| 1. | Where it is necessary to determine the recognition of health damage caused by humidifier disinfectants pursuant to Article 10 (2) of the Act; |
| 3. | Where the Minister of Environment finds it necessary to make a determination, etc. pursuant to the Act. |
| (2) | A demand referred to in Article 38 of the Act shall be given in writing, specifying a period not exceeding 30 days. |
| Article 40 (Temporary Suspension of Remedial Benefits) |
| (1) | The Minister of Environment shall demand a beneficiary of remedial benefits to fulfill his/her obligation regarding the matters prescribed in the subparagraphs of Article 39 (1) of the Act, in writing specifying a period not exceeding 30 days when intending to temporarily suspend payment of remedial benefits pursuant to Article 39 (1) of the Act. an el. |
| (2) | “Where any other event prescribed by Presidential Decree occurs” in Article 39 (1) 3 of the Act means where a victim of humidifier disinfectant is found to have, intentionally or by gross negligence, aggravated his/her disease or interfered with his/her treatment. |
| (3) | Where a beneficiary of remedial benefits fails to fulfill his/her obligation within a period specified under paragraph (1), the Minister of Environment may temporarily suspend payment of the remedial benefits. |
| (4) | Remedial benefits that can be temporarily suspended pursuant to Article 39 (2) of the Act mean all remedial benefits where determining whether to pay remedial benefits is impracticable or paying remedial benefits is hindered due to a beneficiary of the remedial benefits failing to fulfill the obligation pursuant to paragraph (1). |
| (5) | The period for temporarily suspending remedial benefits shall begin on the day following the lapse of the deadline for fulfilling obligations set under paragraph (1) and end on the day before such obligations are fulfilled. |
| Article 41 (Establishment and Operation of Help Center for Victims of Humidifier Disinfectants and Health Center for Humidifier Disinfectant Victims) |
| (1) | The Minister of Environment shall establish and operate the Help Center for Victims of Humidifier Disinfectants (hereinafter referred to as the “Help Center”) and the Health Center for Victims of Humidifier Disinfectants (hereinafter referred to as the “Health Center”) pursuant to Article 40 (1) of the Act. |
| (2) | The Minister of Environment may build and operate a computer system to electronically process the work described in the subparagraphs of Article 40 (2) of the Act in the Help Center. |
| (3) | The Minister of Environment may perform the following work to build and operate the computer system pursuant to paragraph (2): |
| 1. | Collecting and managing information, and compiling and operating statistical data, on humidifier disinfectants, health damage caused by humidifier disinfectants, and victims of humidifier disinfectants; |
| 2. | Installing and managing computer and communications equipment to operate the computer system; |
| 3. | Other matters necessary to build and operate the computer system. |
| (4) | The Help Center and the Health Center may perform the work described in the subparagraphs of Article 40 (2) of the Act and the subparagraphs of paragraph (3) of the same Article in cooperation with other institutions, with approval from the Minister of Environment where necessary for efficient performing their work. |
| 1. | A person paid benefits from the Special Remedy Account pursuant to subparagraph 2 of Article 32 of the Act; |
| 2. | A person receiving emergency medical assistance from the Special Remedy Account pursuant to subparagraph 7 (a) of Article 32 of the Act; |
| 3. | An applicant for recognition (excluding those who fall under subparagraph 1 or 2) not recognized as a sufferer of health damage caused by humidifier disinfectant, but at least one of whose household members has been recognized as such; |
| 4. | Other persons recognized and publicly notified by the Minister of Environment as requiring health monitoring relating to their health damage caused by humidifier disinfectants. |
| (6) | “Support for victims of humidifier disinfectants, as prescribed by Presidential Decree” in Article 40 (2) 5 of the Act means the following: |
| 1. | Support for medical tests for recognition of health damage conducted by medical institutions pursuant to Article 15 (1) 2; |
| 3. | Other support recognized and publicly notified by the Minister of Environment as necessary to assist victims of humidifier disinfectants. |
| Article 42 (Delegation of Authority and Entrustment of Work) |
| (1) | Pursuant to Article 42 (1) of the Act, the Minister of Environment shall delegate the following authority to the President of the National Institute of Environmental Research: |
| 1. | Reviewing the medical fitness and feasibility of the criteria for recognition of health damage caused by humidifier disinfectants pursuant to Article 10 (5) of the Act; |
| 2. | Establishing and operating the Health Center pursuant to Article 41 (1). |
| (2) | Pursuant to Article 42 (2) of the Act, the Minister of Environment shall entrust the Korea Environmental Industry and Technology Institute established pursuant to the Korea Environmental Industry and Technology Institute Act with the following work: |
| 1. | Receiving, examining, and verifying applications for recognition of health damage caused by humidifier disinfectants pursuant to Article 10 of the Act; |
| 3. | Receiving, examining, and verifying applications for special recognition as bereaved family members pursuant to Article 19 (1) of the Act; |
| 4. | Receiving, examining, and verifying applications to pay remedial benefits pursuant to Article 21 of the Act; |
| 6. | Establishing and operating the Help Center pursuant to Article 41 (1); |
| 7. | Building and operating the computer system pursuant to Article 41 (2) and (3). |
| Article 43 (Management of Sensitive Information and Personally Identifiable Information) |
| 1. | Affairs related to recognizing health damage caused by humidifier disinfectants pursuant to Article 10 of the Act; |
| 2. | Affairs related to renewing the term of validity of recognition of health damage caused by humidifier disinfectants pursuant to Article 11 of the Act; |
| 8. | Affairs related to operating the Help Center and the Health Center. |
CHAPTER V PENALTY PROVISIONS
| Article 44 (Enforcement Fines) |
| (1) | In accordance with Article 47 (2) of the Act, the Minister of Environment may impose an enforcement fine on any person who fails to comply with an order to provide or allow perusal of information pursuant to Article 6 (5) of the Act, as follows: |
| 1. | Where a period from the day following the expiry of the period for compliance set under paragraph (2) to the day before the order is complied with (hereafter in this paragraph, referred to as “period of noncompliance”) is shorter than 365 days: 150,000 won a day; |
| 2. | Where a period of noncompliance is at least 365 days: 250,000 won a day, beginning on the 365th day. |
| (2) | Prior to imposing an enforcement fine pursuant to paragraph (1), the Minister of Environment shall specify a reasonable period for compliance and give prior written notice that an enforcement fine can be imposed and collected if the relevant order is not complied with within the specified period. |
| (3) | When imposing an enforcement fine pursuant to paragraph (1), the Minister of Environment shall do so in writing, specifying the amount, grounds for imposition, and deadline for payment of the enforcement fine, the receiving agencies, and the methods of raising an objection. |
| (4) | The Minister of Environment may repeatedly impose and collect an enforcement fine pursuant to paragraph (1) annually as on the day following the expiry of the period for compliance pursuant to paragraph (2), until such order is complied with. |
| (5) | If a person issued an order to provide or allow perusal of information complies with the order, the Minister of Environment shall immediately suspend imposing a new enforcement fine, but collect any enforcement fine already imposed. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on August 9, 2017.
Article 2 (Transitional Measures concerning Incompetents, etc.)
A person under adult guardianship or limited guardianship referred to in subparagraph 1 of Article 7 shall be construed as including any person for whom declaration of incompetency or quasi-incompetency remains valid under Article 2 of the Addenda to the Civil Act, Act No. 10429.