Industrial Accident Compensation Insurance Act


Published: 2010-06-04

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the protection of workers by compensating them promptly and fairly for any occupational accident through the industrial accident compensation insurance business and by establishing and operating insurance facilities necessary to facilitate the rehabilitation of workers suffering from occupational accidents and their return to society, as well as by carrying out accident prevention projects and workers'welfare projects.
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 Article 2 (Management of Insurance and Insurance Year)   print
(1) The industrial accident compensation insurance business pursuant to this Act (hereinafter referred to as "insurance business") shall be managed by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The insurance year for the insurance business prescribed by this Act shall conform to the fiscal year of the Government.
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 Article 3 (State's Defrayal and Assistance)   print
(1) The State shall defray, within budgetary limits for each fiscal year, expenses incurred in executing administrative affairs of the insurance business out of its general accounts.
(2) The State may partially subsidize expenses incurred in carrying out the insurance business within budgetary limits for each fiscal year.
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 Article 4 (Insurance Premiums)   print
The Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act") shall govern insurance premiums and other dues which are collected to cover expenses incurred in carrying out the insurance business pursuant to this Act.
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 Article 5 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 9988, Jan. 27, 2010; Act No. 10305, May 20, 2010; Act No. 10339, Jun. 4, 2010>
1. The term "occupational accident" means any injury, disease, disability or death of a worker that occurs due to an occupational cause;
2. The terms "worker", "wage", "average wage" and "ordinary wage" mean such "worker", "wage", "average wage" and "ordinary wage", respectively as defined in the Labor Standards Act: Provided, That where it is deemed difficult to calculate a "wage" or "average wage" pursuant to the Labor Standards Act, the amount calculated and announced publicly by the Minister of Employment and Labor shall be the "wage" or "average wage";
3. The term "survivor" means the spouse (including a person who is in a de facto marital relationship), any child, parent, grandchild, grandparent, brother or sister of the deceased person;
4. The term "cure" means reaching a state in which an injury or disease has been completely cured or no further effect from treatment is expected with its symptoms remaining fixed;
5. The term "disability" means a state in which an injury or disease has been cured, but ability to work has been lost or diminished due to mental or physical damage;
6. The term "invalidity" means a state in which ability to work has been lost or diminished due to mental or physical damage caused by an occupational injury or disease, which remains uncured;
7. The term "pneumoconiosis" means a lung disease, the main symptom of which is fibroplastic proliferation caused by the inhalation of dust particles.
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 Article 6 (Scope of Application)   print
This Act shall apply to all businesses or business places that employ workers (hereinafter referred to as "businesses"): Provided, That this Act shall not apply to businesses prescribed by Presidential Decree in light of their risk rate, size, place, etc.
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 Article 7 (Formation and Termination of Insurance Relationship)   print
The formation and termination of an insurance relationship pursuant to this Act shall be governed by the Insurance Premium Collection Act.
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 Article 8 (Industrial Accident Compensation Insurance and Prevention Deliberation Committee)   print
(1) In order to deliberate on important matters concerning industrial accident compensation insurance and the prevention of industrial accidents, there shall be established an Industrial Accident Compensation Insurance and Prevention Deliberation Committee (hereinafter referred to as the "Committee") in the Ministry of Employment and Labor. <Amended by Act No. 9794, Oct. 9, 2009; Act No. 10339, Jun. 4, 2010>
(2) The Committee shall be comprised of the same number of members representing workers, members representing employers, and members representing public interest.
(3) For the purposes of examining matters deliberated by the Committee and assisting in the deliberation procedures thereof, there may be established expert committees in the Committee. <Amended by Act No. 9794, Oct. 9, 2009>
(4) Matters necessary for the organization, functions and operation of the Committee and the expert committees shall be determined by Presidential Decree. <Amended by Act No. 9794, Oct. 9, 2009>
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 Article 9 (Survey and Research on Insurance Business)   print
(1) the Minister of Employment and Labor may engage in a survey and research project, etc. to efficiently manage and operate the insurance business. <Amended by Act No. 10339, Jun. 4, 2010>
(2) the Minister of Employment and Labor may, if deemed necessary, cause a person prescribed by Presidential Decree to vicariously conduct part of the business referred to in paragraph (1). <Amended by Act No. 10339, Jun. 4, 2010>
CHAPTER II KOREA WORKERS' COMPENSATION AND WELFARE SERVICE
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 Article 10 (Establishment of the Korea Workers' Compensation and Welfare Service)   print
In order to efficiently carry out projects to attain the purpose as prescribed in Article 1 on commission by the Minister of Employment and Labor, there shall be established the Korea Workers' Compensation and Welfare Service (hereinafter referred to as the "Service"). <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 11 (Business Activities of the Service)   print
(1) The Service shall carry out the following business activities: <Amended by Act No. 9988, Jan. 27, 2010>
1. Management and maintenance of records on policyholders and beneficiaries;
2. Collection of insurance premiums and other dues pursuant to the Insurance Premium Collection Act;
3. Decisions on insurance benefits and payment thereof;
4. Inquiries into requests for examination of a decision, etc. on insurance benefits, and decisions thereon;
5. Establishment and operation of facilities for industrial accident compensation insurance;
5-2. Medical treatment and rehabilitation of workers, etc. suffered from occupational accidents;
5-3. Research, development, official approval and dissemination of rehabilitation auxiliary appliances;
6. Projects to improve the welfare of workers;
7. Other projects commissioned by the Government;
8. Projects incidental to those referred to in subparagraphs 5, 5-2, 5-3, 6 and 7.
(2) The Service may establish and operate medical institutions, research institutes, etc. to carry out projects referred to in paragraph (1) 5-2 and 5-3. <Newly Inserted by Act No. 9988, Jan. 27, 2010>
(3) In order to provide advice and suggestions necessary to carry out projects referred to in paragraph (1) 3, there may be established an Insurance Benefits Advisory Committee comprising of relevant experts, etc. within the Service.
(4) Necessary matters regarding the organization and operation of the Insurance Benefits Advisory Committee under paragraph (3) shall be determined by the Service. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 12 (Legal Personality)   print
The Service shall be incorporated as a corporation.
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 Article 13 (Office)   print
(1) The seat of the principal office of the Service shall be determined by its articles of incorporation.
(2) The Service may, if necessary, establish branch offices as prescribed by its articles of incorporation.
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 Article 14 (Articles of Incorporation)   print
(1) The articles of incorporation of the Service shall include each of the following:
1. Purpose;
2. Name;
3. Matters concerning the principal office and branch offices;
4. Matters concerning officers and employees;
5. Matters concerning the board of directors;
6. Matters concerning projects;
7. Matters concerning budgets and settlement of accounts;
8. Matters concerning assets and accounting;
9. Matters concerning modifications of the articles of incorporation;
10. Matters concerning enactments, revisions and repeals of the internal regulations;
11. Matters concerning public notices.
(2) The articles of incorporation of the Service shall be authorized by the Minister of Employment and Labor. The same shall also apply to any modification thereto. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 15 (Registration of Establishment)   print
The Service shall come into existence upon registering its establishment at the seat of its principal office.
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 Article 16 (Officers)   print
(1) Officers of the Service shall consist of 15 or fewer directors including one president and four executive directors, and one auditor. <Amended by Act No. 9988, Jan. 27, 2010>
(2) An appointment and dismissal of the president, executive directors and auditor shall be governed by Article 26 of the Act on the Management of Public Institutions. <Amended by Act No. 9988, Jan. 27, 2010>
(3) Non-standing directors (excluding those designated ex officio as non-standing directors pursuant to paragraph (4)) shall be appointed by the Minister of Employment and Labor from among those who fall under any of the following subparagraphs in accordance with Article 8 of the Act on the Management of Public Institutions. In such cases, the number of non-standing directors falling under subparagraphs 1 and 2 shall be equal, except where either labor or management fails to recommend them: <Newly Inserted by Act No. 9988, Jan. 27, 2010; Act No. 10305, May 20, 2010; Act No. 10339, Jun. 4, 2010>
1. Those recommended by a trade union which is a union federation;
2. Those recommended by a nationwide employers' association;
3. Those with considerable knowledge and experience in social insurance or labor welfare programs and recommended by the executive recommendation committee under Article 29 of the Act on the Management of Public Institutions.
(4) Those designated ex officio as non-standing directors shall be as follows: <Newly Inserted by Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
1. One person nominated by the Minister of Strategy and Finance from among public officials of Grade III in charge of the budgetary affairs of the Service under the Ministry of Strategy and Finance or public officials in general service belonging to the Senior Civil Service;
2. One person nominated by the Minister of Employment and Labor from among public officials of Grade III in charge of the affairs of industrial accident compensation insurance under the Ministry of Employment and Labor or public officials in general service belonging to the Senior Civil Service.
(5) Non-standing directors shall not be paid any remuneration: Provided, That they may be reimbursed the actual expenses incurred in performing their duties.
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 Article 17 (Terms of Office for Officers)   print
The term of office for the president shall be three years, whereas those for the directors and auditor shall be two years, each of which will be renewable on a yearly basis. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 18 (Duties of Officers)   print
(1) The president shall represent the Service and exercise general control over its affairs.
(2) The executive directors shall take partial charge of the Service's affairs as prescribed by the articles of incorporation and shall, in case of any vacancy in the office of the president, act on behalf of him/her in such order as determined by the articles of incorporation.
(3) The auditor shall inspect and audit affairs and accounts of the Service.
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 Article 19 (Disqualifications and Ex Officio Retirement of Officers)   print
None of the following persons may serve as an officer of the Service:
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]
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 Article 20 (Dismissal of Officers)   print
With respect to the dismissal of officers, Articles 22 (1), 31 (6), 35 (2) and (3), 36 (2) and 48 (4) and (8) of the Act on the Management of Public Institutions shall apply.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]
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 Article 21 (Restriction on Holding Concurrent Offices, etc. by Officers or Employees)   print
(1) No standing officer or employee of the Service shall be engaged in any profit-making business, other than within the scope of their duties. <Amended by Act No. 9988, Jan. 27, 2010>
(2) Any standing officer who receives permission from the person who holds the power to appoint or recommend him/her under Article 26 of the Act on the Management of Public Institutions and any employee who receives permission from the president may concurrently hold a post in a non-profit business. <Newly Inserted by Act No. 9988, Jan. 27, 2010>
(3) No incumbent or former officer or employee of the Service shall divulge secret that they have learned in the course of performing their duties.
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 Article 22 (Board of Directors)   print
(1) In order to deliberate and decide on matters referred to in the subparagraphs of Article 17 (1) of the Act on the Management of Public Institutions, the board of directors shall be established within the Service.
(2) The board of directors shall be comprised of directors, including the president.
(3) The president shall preside over meetings of the board of directors.
(4) Meetings of the board of directors shall be convened by the president thereof or at the request of at least one third of directors on the register and pass resolutions with the concurrent vote of a majority of directors on the register.
(5) The auditor may attend meetings of the board of directors to present his/her opinion.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]
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 Article 23 (Appointment and Dismissal of Employees and Selection of Representative)   print
(1) The president shall appoint or dismiss employees of the Service as prescribed by its articles of incorporation.
(2) The president may select, from among its employees, a representative who is competent for any judicial or extrajudicial act related to affairs of the Service, as prescribed by its articles of incorporation.
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 Article 24 (Legal Fiction as Public Officials in Application of Penal Provisions)   print
The officers and employees of the Service shall be deemed public officials for the purposes of the penal provisions under Articles 129 through 132 of the Criminal Act.
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 Article 25 (Direction and Supervision of Business)   print
(1) The Service shall obtain the approval of the Minister of Employment and Labor on its operational plan and budget for each fiscal year, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Service shall report the actual results of business and the settlement of accounts to the Minister of Employment and Labor within two months from the end of each fiscal year. <Amended by Act No. 10339, Jun. 4, 2010>
(3) the Minister of Employment and Labor may order the Service to report on its business, or inspect the state of its projects or property, and if deemed necessary, take measures necessary for supervision, such as instructing to amend its articles of incorporation. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 26 (Accounting of the Service)   print
(1) The fiscal year of the Service shall conform to that of the Government.
(2) The Service shall manage the insurance business accounts separately from other accounts of the Service.
(3) The Service shall formulate its accounting rules with the approval of the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 27 (Borrowing, etc. of Funds)   print
(1) If it is required for the business activities referred to in Article 11, the Service may borrow funds (including borrowing from any international organization, foreign government or foreigner) with the approval of the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Where expenditure exceeds revenue regarding insurance business for each fiscal year, the Service may make up for the shortage by bringing in money from the Industrial Accident Compensation Insurance and Prevention Fund referred to in Article 95 with the approval of the Minister of Employment and Labor within the extent of the policy reserve pursuant to Article 99. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 28 (Appropriation of Surplus Earnings)   print
Where surplus earnings accrue following the settlement of accounts at the end of each fiscal year, the Service shall appropriate such funds for the loss by classifying them according to each item of accounting as prescribed by the accounting rules of the Service, and shall retain the rest.
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 Article 29 (Delegation or Entrustment of Authority or Business)   print
(1) Part of the representative authority of the president of the Service under this Act may be delegated to the heads of its branch offices (hereinafter referred to as "affiliated agencies") as prescribed by Presidential Decree.
(2) Part of the business of the Service under this Act may be entrusted to any postal office or financial institution prescribed by Presidential Decree.
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 Article 30 (Collection of Fees, etc.)   print
With respect to the business activities referred to in Article 11, the Service may cause the beneficiaries to bear the expenses incurred by such activities, including charges for using facilities of the Service and fees for entrustment of business, with the approval of the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 31 (Request for Provision of Materials)   print
(1) The Service may, if necessary for the efficient performance of the insurance business, ask any relevant administrative agency, such as the National Tax Service and a local government, or any institution, organization, etc. involved in the insurance business to provide necessary materials.
(2) No relevant administrative agency, institution, organization, etc., which is asked to provide materials under paragraph (1) may refuse such request without justifiable grounds.
(3) No fees or usage fees shall be levied on the materials provided to the Service pursuant to paragraph (1).
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 Article 32 (Investment, etc.)   print
(1) The Service may, if necessary for the efficient performance of its business, make an investment in or contribution to projects pursuant to Article 11 (1) 5, 5-2, 5-3, 6 and 7. <Amended by Act No. 9988, Jan. 27, 2010>
(2) Matters necessary for an investment or contribution under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 33 Deleted.<by Act No. 9988, Jan. 27, 2010>   print
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 Article 34 (Prohibition of Use of Similar Name)   print
No person, other than the Service, may use the name "Korea Workers' Compensation and Welfare Service" or any name similar thereto.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]
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 Article 35 (Application Mutatis Mutandis of the Civil Act)   print
Except as provided for in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act concerning incorporated foundations shall apply mutatis mutandis with respect to the Service. <Amended by Act No. 9988, Jan. 27, 2010>
CHAPTER III INSURANCE BENEFITS
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 Article 36 (Categories of Insurance Benefits and Standards for their Computation, etc.)   print
(1) Insurance benefits shall be classified as follows: Provided, That types of insurance benefits for pneumoconiosis shall be medical care benefits under subparagraph 1, nursing benefits under subparagraph 4, funeral expenses under subparagraph 7, vocational rehabilitation benefits under subparagraph 8, pneumoconiosis compensation annuity under Article 91-3 and pneumoconiosis survivor's annuity under Article 91-4: <Amended by Act No. 10305, May 20, 2010>
1. Medical care benefits;
2. Temporary disability compensation benefits;
3. Disability benefits;
4. Nursing benefits;
5. Survivors' benefits;
6. Injury-disease compensation annuities;
7. Funeral expenses;
8. Vocational rehabilitation benefits.
(2) The insurance benefits referred to in paragraph (1) shall be paid upon request from any person entitled to such insurance benefits pursuant to Articles 40, 52 through 57, 60 through 62, 66 through 69, 71, 72, 91-3 and 91-4 (hereinafter referred to as "beneficiary"). <Amended by Act No. 10305, May 20, 2010>
(3) In computing insurance benefits, the average wage shall be increased or decreased every year in conformity with the fluctuation rate of the average amount of the entire workers' wages after one year from the date the ground for calculating the average wage of the worker concerned occurs, and in conformity with the fluctuation rate of consumer price index after the worker concerned attains the age of 60 years: Provided, That the insurance benefits for workers with pneumoconiosis whose average wage is the amount computed pursuant to paragraph (6) shall be excluded herefrom. <Amended by Act No. 10305, May 20, 2010>
(4) The standards and methods for computing the fluctuation rate of the average amount of the entire workers' wages and the fluctuation rate of consumer price index under paragraph (3) shall be prescribed by Presidential Decree. In such cases, the fluctuation rates so computed shall be published by the Minister of Employment and Labor each year. <Amended by Act No. 10339, Jun. 4, 2010>
(5) In computing insurance benefits (excluding pneumoconiosis compensation annuities and pneumoconiosis survivor's annuities), where it is deemed inappropriate to apply the average wage to any worker due to his/her unusual type of employment as prescribed by Presidential Decree, an amount computed according to the computation method prescribed by Presidential Decree shall be deemed the average wage for the worker. <Amended by Act No. 10305, May 20, 2010>
(6) In computing insurance benefits, where it is deemed inappropriate to apply the average wage to any worker eligible to receive insurance benefits due to any work-related disease prescribed by Presidential Decree, such as pneumoconiosis, for protecting such worker, an amount computed according to the computation method prescribed by Presidential Decree shall be deemed the average wage for the worker. <Amended by Act No. 10305, May 20, 2010>
(7) In computing insurance benefits (excluding expenses involved in a funeral), where the average wage of the worker concerned or the average wage that forms the basis for computing the insurance benefits in accordance with paragraphs (3) through (6) exceeds 1.8 times the average amount of the entire workers' wages (hereinafter referred to as "maximum standard amount of compensation") or falls short of 1/2 of such average amount (hereinafter referred to as "minimum standard amount of compensation"), the maximum standard amount of compensation or the minimum standard amount of compensation shall each be deemed the average wage for the worker concerned: Provided, That the minimum standard amount of compensation shall not apply to the calculation of temporary disability compensation benefits and injury-disease compensation annuities.
(8) Method for computation and the effective period of the maximum standard amount of compensation or the minimum standard amount of compensation shall be prescribed by Presidential Decree. In such cases, the maximum or minimum standard amount of compensation so computed shall be published by the Minister of Employment and Labor each year. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 37 (Standards for Recognition of Occupational Accidents)   print
(1) If a worker suffers any injury, disease or disability or dies due to any of the following causes, it shall be deemed an occupational accident: Provided, That this shall not apply where there is no proximate causal relationship between his/her duties and the accident: <Amended by Act No. 9988, Jan. 27, 2010>
1. Accident on duty:
(a) Any accident that occurs while he/she performs a duty under his/her employment contract or other acts incidental thereto;
(b) Any accident that occurs while he/she uses a facility, etc. provided by his/her employer, due to any defect in or any careless management of such facility, etc.;
(c) Any accident that occurs while he/she commutes to or from work using a transportation means provided by the employer concerned or other similar means under the control and management of his/her employer;
(d) Any accident that occurs while he/she participates in an event sponsored by or under the direction of his/her employer or prepares for such event;
(e) Any accident that occurs at recess due to an act deemed to be under the control and management of his/her employer;
(f) Any other accident that occurs in connection with his/her duties;
2. Occupational disease:
(a) Any disease caused by handling or being exposed to any physical agent, chemical substance, dust, pathogen, work imposing a burden on his/her body, or any other agent causing trouble to his/her health while performing his/her duties;
(b) Any disease caused by an occupational injury;
(c) Any other disease caused in connection with his/her duties.
(2) No injury, disease, disability or death of a worker due to his/her intentional action, self-harm or other criminal act, or caused by such act shall be deemed an occupational accident: Provided, That when the injury, disease, disability or death is caused by any act committed in the state of a marked decline in his/her normal cognitive function, etc. as prescribed by Presidential Decree, it shall be deemed an occupational accident.
(3) The detailed standards for recognition of occupational accidents shall be prescribed by Presidential Decree.
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 Article 38 (Occupational Disease Review Commission)   print
(1) In order to deliberate on the recognition of an occupational disease pursuant to Article 37 (1) 2, there shall be established an Occupational Disease Review Commission (hereinafter referred to as the "Review Commission") in an agency belonging to the Service.
(2) Diseases excluded from deliberation by the Review Commission and the deliberation procedures by the Review Commission shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Matters necessary for the organization and operation of the Review Commission shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 39 (Presumption of Death)   print
(1) If it is unclear as to whether a worker aboard a ship or aircraft in which an accident occurs is alive, or if it is unclear as to whether a worker aboard a ship or aircraft on navigation is alive due to being missing or other reasons, he/she shall be presumed to be dead as prescribed by Presidential Decree, and the provisions concerning survivors' benefits and funeral expenses shall be applicable.
(2) In cases where the survivor of a worker is confirmed after the payment of insurance benefits due to the presumption of death referred to in paragraph (1), if the person who received such benefits did so bona fide, the Service shall collect the amount received, and if he/she did so mala fide, an amount equivalent to twice the amount received.
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 Article 40 (Medical Care Benefits)   print
(1) Medical care benefits shall be paid to any worker who suffers from an injury or disease due to a cause related to his/her duties.
(2) The medical care benefits referred to in paragraph (1) shall be given on condition that the recipient receives medical care at an industrial accident insurance-related medical institution pursuant to Article 43 (1): Provided, That medical care expenses may be paid in lieu of the medical care when it is unavoidable.
(3) In cases under paragraph (1), if an injury or disease is to be cured through medical care within three days, medical care benefits shall not be paid.
(4) The scope of the medical care benefits referred to in paragraph (1) shall be as follows: <Amended by Act No. 10339, Jun. 4, 2010>
1. Medical examination and checkup;
2. Provision of medicines or diagnosis and treatment materials, artificial limbs and other prosthetic devices;
3. Treatment, operation and other medical care;
4. Rehabilitative treatment;
5. Hospitalization;
6. Nursing and patient care;
7. Transfer;
8. Other matters determined by ordinance of the Ministry of Employment and Labor.
(5) The criteria for calculating the medical care benefits referred to in paragraphs (2) and (4), such as the scope and expenses thereof, shall be determined by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(6) If the industrial accident insurance-related medical institution at which a worker suffering from an occupational accident is to receive medical care is a tertiary care hospital under Article 43 (1) 2, there shall be a medical opinion that the worker needs to receive medical care at a specialized tertiary hospital, except where the worker is an emergency patient as prescribed in subparagraph 1 of Article 2 of the Emergency Medical Service Act or there is any other inevitable ground. <Amended by Act No. 10305, May 20, 2010>
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 Article 41 (Application for Medical Care Benefits)   print
(1) Any person who intends to receive medical care benefits (excluding medical care benefits for pneumoconiosis; hereafter the same shall apply in this Article) pursuant to Article 40 (1) shall file an application with the Service for the medical care benefits, along with documents indicating his/her workplace, reasons for the accident, medical opinions about the accident, and other matters prescribed by ordinance of the Ministry of Employment and Labor. In such cases, the procedures and methods for application for medical care benefits shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10305, May 20, 2010; Act No. 10339, Jun. 4, 2010>
(2) An industrial accident insurance-related medical institution as prescribed in Article 43 (1) which provides medical examination and treatment to a worker suffering from an accident may apply for medical care benefits on behalf of the worker with his/her consent, if the accident is determined to be an occupational accident.
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 Article 42 (Preferential Application of Health Insurance)   print
(1) Any person who applies for medical care benefits pursuant to Article 41 (1) may receive medical care benefits under Article 39 of the National Health Insurance Act or medical benefits under Article 7 of the Medical Care Assistance Act (hereinafter referred to as "medical care benefits under health insurance, etc.") before the Service makes a decision on the medical care benefits under this Act.
(2) If a person who has received medical care benefits under health insurance, etc. pursuant to paragraph (1) is decided to be a beneficiary of medical care benefits under this Act after paying his/her individual co-payment under Article 41 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act to an industrial accident insurance-related medical institution prescribed in Article 43 (1), he/she may file a claim with the Service for an amount equivalent to the medical care benefits referred to in Article 40 (5) out of his/her individual co-payment already paid.
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 Article 43 (Designation of Industrial Accident Insurance-Related Medical Institutions, Cancellation of Designation Thereof, etc.)   print
(1) Medical institutions responsible for providing medical care for workers suffering from occupational accidents (hereinafter referred to as "industrial accident insurance-related medical institutions") are as follows: <Amended by Act No. 9988, Jan. 27, 2010; Act No. 10305, May 20, 2010; Act No. 10339, Jun. 4, 2010>
1. Medical institutions established within the Service under Article 11 (2);
2. Tertiary care hospitals under Article 40 (2) of the National Health Insurance Act;
3. Medical institutions and public health clinics designated by the Service from among medical institutions under Article 3 of the Medical Service Act and public health clinics (including public health and medical care centers under Article 8 of the Regional Public Health Act; hereinafter the same shall apply) under Article 7 of the Regional Public Health Act, which satisfy the standards set by ordinance of the Ministry of Employment and Labor in terms of manpower, facilities, etc.
(2) When designating a medical institution or public health clinic as an industrial accident insurance-related medical institution pursuant to paragraph (1) 3, the Service shall take into account each of the following factors:
1. Manpower, facilities, equipment and areas of practice of the medical institution or public health clinic;
2. Regional distribution of industrial accident insurance-related medical institutions.
(3) If an industrial accident insurance-related medical institution under paragraph (1) 2 and 3 falls under any of the following subparagraphs, the Service may cancel its designation (limited to the case of paragraph (1) 3), restrict its medical treatment for workers suffering from occupational accidents for not more than 12 months, or order necessary improvements (hereinafter referred to as "restriction on medical treatment, etc."):
1. Where the medical institution diagnoses or certifies matters concerning an occupational accident in any false or other fraudulent way;
2. Where the medical institution claims medical expenses referred to in Article 45 in false or other fraudulent means;
3. Where cancellation of the designation or restriction on medical treatment, etc. is found necessary as a result of an evaluation referred to in Article 50;
4. Where the medical institution or a doctor thereof is not able to engage in medical service temporarily or permanently due to a violation of the Medical Service Act or any other reason;
5. Where the medical institution fails to meet the standards of manpower, facilities, etc. prescribed in paragraph (1) 3;
6. Where the medical institution violates a restriction on medical treatment, etc.
(4) No industrial accident insurance-related medical institution whose designation is cancelled pursuant to paragraph (3) may be re-designated as such for the period set by ordinance of the Ministry of Employment and Labor within the limit of one year from the date of such cancellation. <Newly Inserted by Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
(5) If an industrial accident insurance-related medical institution under paragraph (1) 2 and 3 falls under any of the following subparagraphs, the Service may impose a restriction on medical treatment, etc. for not more than 12 months: <Amended by Act No. 10305, May 20, 2010>
1. Where the medical institution unduly claims medical expenses referred to in Article 45, in violation of the criteria for the calculation of medical care benefits referred to in Article 40 (5) and 91-9 (3);
2. Where the medical institution claims medical expenses from a person other than the Service, in violation of Article 45 (1);
3. Where the medical institution fails to submit a medical treatment plan referred to in Article 47 (1);
4. Where the medical institution fails to make a report or to respond to a request for submission of materials or investigation referred to in Article 118;
5. Where the medical institution violates the conditions of designation as an industrial accident insurance-related medication institution.
(6) If the Service seeks to cancel designation or restrict medical treatment pursuant to paragraph (3) or (5), it shall hold a hearing. <Amended by Act No. 9988, Jan. 27, 2010>
(7) The procedures for designation referred to in paragraph (1) 3 and the criteria and procedures for cancelation of designation and restrictions on medical treatment, etc. under paragraphs (3) and (5) shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
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 Article 44 (Penalty Surcharges, etc. for Industrial Accident InsuranceRelated Medical Institutions)   print
(1) If the Service has to restrict medical treatment for any of the reasons described in Article 43 (3) 1 and 2 and 43 (5) 1, but considers that the restriction on medical treatment may cause serious inconvenience to the workers who use the industrial accident insurance-related medical institution or that there are other special reasons to the contrary, it may impose a penalty surcharge not exceeding five times the amount of insurance benefits received in a false or fraudulent way or the amount of medical expenses received in a false, fraudulent or illegitimate way in lieu of restricting medical treatment. <Amended by Act No. 9988, Jan. 27, 2010>
(2) Matters regarding the amount, etc. of a penalty surcharge imposed pursuant to paragraph (1) according to the type, gravity, etc. of an offense shall be prescribed by Presidential Decree.
(3) If a person subject to the imposition of a penalty surcharge pursuant to paragraph (1) fails to pay such penalty surcharge by the deadline, it shall be collected in the same manner as delinquent national taxes are collected with the approval of the Minister of Employment and Labor. <Amended by Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
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 Article 45 (Claim, etc. for Medical Expenses)   print
(1) If an industrial accident insurance-related medical institution which has provided medical care pursuant to Article 40 (2) or 91-9 (1) intends to charge the relevant expenses (hereinafter referred to as "medical expenses"), it shall file a request for the reimbursement thereof with the Service. <Amended by Act No. 10305, May 20, 2010>
(2) Examinations and decisions concerning medical expenses claimed pursuant to paragraph (1), and methods and procedures for the payment of such expenses shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 46 (Claim, etc. for Medicine Expenses)   print
(1) The Service may provide medicines under Article 40 (4) 2 through pharmacies registered pursuant to Article 20 of the Pharmaceutical Affairs Act.
(2) If a pharmacy referred to in paragraph (1) intends to charge medicine expenses, it shall file a request for the reimbursement thereof with the Service.
(3) Examinations and decisions concerning medicine expenses claimed pursuant to paragraph (2), and methods and procedures for the payment thereof shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 47 (Submission of Medical Treatment Plans)   print
(1) An industrial accident insurance-related medical institution, if it is necessary to extend the period of medical care for a worker receiving medical care benefits pursuant to Article 41 or 91-5, shall submit to the Service a medical treatment plan containing the progress relating to the disease or injury of the worker, expected treatment period, treatment methods, etc., as prescribed by Presidential Decree. <Amended by Act No. 10305, May 20, 2010>
(2) The Service may examine the adequacy of a medical treatment plan submitted pursuant to paragraph (1), and take necessary measures prescribed by Presidential Decree (hereinafter referred to as "measures, etc. to change a medical treatment plan"), such as ordering the industrial accident insurance-related medical institution to change the treatment period.
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 Article 48 (Transfer to another Medical Institution)   print
(1) If any of the following events occurs to a worker in the course of medical care, the Service may transfer such worker to another industrial accident insurance-related medical institution to provide medical care: <Amended by Act No. 10305, May 20, 2010>
1. Where the worker needs to be transferred to another industrial accident insurance-related medical institution because the manpower, facilities, etc. of the industrial accident insurance-related medical institution currently providing medical care are unfit for the professional treatment or rehabilitative treatment of the worker;
2. Where the worker needs to be transferred to another industrial accident insurance-related medical institution to receive medical care near where he/she lives;
3. Where the worker needs to be transferred to another industrial accident insurance-related medical institution after receiving professional treatment at a tertiary care hospital under Article 43 (1) 2;
4. Other cases deemed to be in extenuating circumstances after undergoing procedures prescribed by Presidential Decree.
(2) A worker in the course of medical care may, if any of the events under paragraph (1) 1 through 3 occurs to him/her, make an application to the Service for his/her transfer to another industrial accident insurance-related medical institution.
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 Article 49 (Application for Medical Care Benefits for Additional Injury or Disease)   print
If a worker receiving medical care due to an occupational accident falls under any of the following subparagraphs, he/she may apply for medical care benefits for an additional injury or disease (hereinafter referred to as "additional injury or disease"):
1. Where medical care is needed as an injury or a disease which has arisen from the occupational accident has been further diagnosed;
2. Where medical care is needed as a new disease occurs as a result of an injury or a disease which has arisen from the occupational accident.
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 Article 50 (Evaluation of Industrial Accident Insurance-Related Medical Institutions)   print
(1) In order to facilitate improvement in the quality of medical service with regard to occupational accidents, the Service may evaluate medical institutions prescribed by Presidential Decree among industrial accident insurance-related medical institutions referred to in Article 43 (1) 3 in terms of manpower, facilities, medical services and other matters relating to the quality of medical care. In such cases, the evaluation methods and criteria shall be prescribed by Presidential Decree.
(2) Considering the results of an evaluation referred to in paragraph (1), the Service may preferentially treat such evaluated industrial accident insurance-related medical institutions in administration or finance, cancel their designation, or impose restrictions on medical treatment, etc. pursuant to Article 43 (3) 3.
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 Article 51 (Additional Medical Care)   print
(1) If a person who has received medical care benefits under Article 40 suffers a recurrence of an occupational injury or disease that was the object of the medical care after the cure, or a medical opinion calls for active treatment of his/her occupational injury or disease because his/her injury or disease gets worse, he/she is entitled to medical care benefits under Article 40 again (hereinafter referred to as "additional medical care").
(2) Necessary matters concerning requirements, procedures, etc. for additional medical care shall be prescribed by Presidential Decree.
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 Article 52 (Temporary Disability Compensation Benefits)   print
Temporary disability compensation benefits shall be paid to any worker who suffers an occupational injury or disease for a period during which the worker is unable to work for receiving medical care for the injury or disease, and the daily amount of temporary disability compensation benefits shall be an amount equivalent to 70/100 of his/her average wage: Provided, That where the period of not being able to work is three days or less, such benefits shall not be paid.
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 Article 53 (Partially Temporary Disability Compensation Benefits)   print
(1) If a worker who is receiving medical care or additional medical care is employed for a specific period or on a short-term basis during the period of such care, he/she may be paid 90/100 of an amount calculated by subtracting the wages paid for the days or hours employed from his/her average wage corresponding to the number of those days or hours employed: Provided, That when the minimum standard amount of wages serves as the daily amount of temporary disability compensation benefits pursuant to Articles 54 (2) and 56 (2), an amount equivalent to the minimum standard amount of wages (the amount of reduction in cases where the amount is reduced in accordance with subparagraph 2 of attached Table 1) minus the wages paid for the days or hours employed, may be paid.
(2) If a worker is employed on a short-term basis as referred to in paragraph (1), with respect to the number of hours of unemployment (referring to the number of hours remaining after subtracting the number of hours of employment from eight hours), an amount produced by multiplying the daily amount of temporary disability compensation benefits calculated pursuant to Article 52 or 54 through 56 by the ratio of the number of hours of unemployment to eight hours shall be paid.
(3) Requirements and procedures for the partial payment of temporary disability compensation benefits referred to in paragraph (1) shall be prescribed by Presidential Decree.
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 Article 54 (Temporary Disability Compensation Benefits for Low-Income Workers)   print
(1) If the daily amount of temporary disability compensation benefits calculated pursuant to Article 52 is less than or equal to 80/100 of the minimum standard amount of compensation, the daily amount of temporary disability compensation benefits for the worker shall be an amount equivalent to 90/100 of his/her average wage: Provided, That when an amount equivalent to 90/100 of the average wage of a worker is more than 80/100 of the minimum standard amount of compensation, an amount equivalent to 80/100 of the minimum standard amount of compensation shall be the daily amount of temporary disability compensation benefits.
(2) If the daily amount of temporary disability compensation benefits calculated pursuant to the main sentence of paragraph (1) is less than the hourly minimum wage under Article 5 (1) of the Minimum Wages Act multiplied by eight (hereinafter referred to as "minimum wage"), the minimum wage shall be the daily amount of temporary disability compensation benefits for the worker.
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 Article 55 (Temporary Disability Compensation Benefits for the Aged)   print
If a worker who receives temporary disability compensation benefits reaches the age of 61, his/her temporary disability compensation benefits thereafter shall an amount calculated in accordance with attached Table 1: Provided, That when a person who remains employed after the age of 61 receives medical care due to an occupational accident or a person who has received disability benefits before the age of 61 due to an occupational disease pursuant to Article 37 (1) 2 receives medical care for the first time due to the occupational disease after the age of 61, the provisions of attached Table 1 shall not apply during such period prescribed by Presidential Decree.
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 Article 56 (Temporary Disability Compensation Benefits during Period of Additional Medical Care)   print
(1) For a person who receives additional medical care, an amount equivalent to 70/100 of the average wage calculated on the basis of the wage at the time of receiving such additional medical care shall be the daily amount of temporary disability compensation benefits. In such cases, the date of the occurrence of a cause for calculating the average wage shall be prescribed by Presidential Decree.
(2) If the daily amount of temporary disability compensation benefits calculated pursuant to paragraph (1) is less than the minimum wage, or if there is no wage subject to the calculation of the average wage at the time of receiving additional medical care, the minimum wage shall be the daily amount of temporary disability compensation benefits.
(3) In the event that a person who receives a disability compensation annuity receives additional medical care, if the sum of the daily disability compensation annuity (referring to the amount of disability compensation annuity calculated pursuant to attached Table 2 divided by 365; hereinafter the same shall apply) and the daily amount of temporary disability compensation benefits calculated pursuant to paragraph (1) or (2) exceeds 70/100 of the average wage applied in calculating the disability compensation annuity, an amount equivalent to the temporary disability compensation benefits within the limits of the excess amount shall not be paid.
(4) In calculating temporary disability compensation benefits during the period of additional medical care, Article 54 shall not apply.
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 Article 57 (Disability Benefits)   print
(1) Any worker who suffers a physical disability, etc. after receiving medical care due to any injury or disease he/she had due to a cause related to his/her duties shall be eligible to receive disability benefits.
(2) Disability benefits shall be paid in the form of a disability compensation annuity or lump-sum disability compensation as set out in attached Table 2 according to disability grade, and the standards for disability grades shall be prescribed by Presidential Decree.
(3) The beneficiary may choose between a disability compensation annuity or lump-sum disability compensation benefit referred to in paragraph (2): Provided, That a worker with such disability grade prescribed by Presidential Decree as a complete loss of work ability shall be paid a disability compensation annuity, and a worker who is not a Korean national and resides in a foreign country when the cause for claiming disability benefits occurs shall be paid a lump-sum disability compensation benefit.
(4) A disability compensation annuity may be paid in advance upon request of the beneficiary in an amount equivalent to 1/2 of the first oneor two-year annuity (the first oneto four-year annuity for any such worker as prescribed in the proviso to paragraph (3)). In such cases, interest may be deducted from the amount paid in advance at the rate prescribed by Presidential Decree, but not exceeding 5/100.
(5) In the event that the right of a beneficiary to receive a disability compensation annuity is extinguished under Article 58, if the total number of days obtained by dividing the amount of the already paid annuity by each average wage at the time when the annuity is paid is short of the number of days for lump-sum disability compensation benefits set forth in attached Table 2, the amount calculated by multiplying the insufficient number of days by the average wage at the time when the right is extinguished shall be paid in a lump sum to the survivors or the worker concerned.
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 Article 58 (Extinguishant of Right to Receive Disability Compensation Annuities, etc.)   print
If the beneficiary of a disability compensation annuity or pneumoconiosis compensation annuity falls under any of the following subparagraphs, his/her right to receive a disability compensation annuity or pneumoconiosis compensation annuity shall be extinguished: <Amended by Act No. 10305, May 20, 2010>
1. Where the beneficiary of the disability compensation annuity dies;
2. Where the beneficiary, once a Korean national, has lost his/her Korean nationality and now lives in a foreign country or leaves Korea to live in a foreign country;
3. Where the beneficiary who is not a Korean national leaves Korea to live in a foreign country;
4. Where the beneficiary of the disability compensation annuity or pneumoconiosis compensation annuity is excluded from those eligible to receive disability compensation annuities or pneumoconiosis compensation annuities as a result of a change in his/her disability or pneumoconiosis grade.
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 Article 59 (Redetermination of Disability Grades, etc.)   print
(1) With regard to a beneficiary of disability compensation annuities or pneumoconiosis compensation annuities, whose disability or pneumoconiosis grade already determined (hereafter referred to as "disability grade, etc." in this Article) is possible to be changed as the state of his/her disability has improved or worsened, the Service may redetermine his/her disability grade, etc. upon request of the beneficiary or by virtue of its authority. <Amended by Act No. 10305, May 20, 2010>
(2) If a disability grade, etc. is changed as a result of redetermination referred to in paragraph (1), disability benefits or pneumoconiosis compensation annuities shall be paid according to the changed disability grade, etc. <Amended by Act No. 10305, May 20, 2010>
(3) Redetermination of a disability grade, etc. referred to in paragraphs (1) and (2) shall be made only once, and target persons and period for such redetermination, and methods of paying disability benefits or pneumoconiosis compensation annuities based on the results thereof shall be prescribed by Presidential Decree. <Amended by Act No. 10305, May 20, 2010>
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 Article 60 (Additional Medical Care and Disability Benefits)   print
(1) Even when the beneficiary of a disability compensation annuity receives additional medical care, the payment of the annuity shall not be suspended.
(2) If a person is cured through additional medical care and his/her state of disability has improved or worsened, disability benefits shall be paid according to a disability grade corresponding to such improved or worsened state of disability. In such cases, the methods for calculation and payment of disability benefits after additional medical care shall be prescribed by Presidential Decree.
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 Article 61 (Nursing Benefits)   print
(1) Nursing benefits shall be paid to any person who is actually receiving nursing care, out of a need for constant or frequent nursing care, in spite of his/her cure after receiving medical care benefits under Article 40.
(2) Necessary matters concerning the standards, methods, etc. for payment of nursing benefits under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 62 (Survivors' Benefits)   print
(1) Survivors' benefits shall be paid to a survivor of any worker who has died due to a cause related to his/her duties.
(2) Survivors' benefits shall be paid in the form of a survivors' compensation annuity or lump-sum survivors' compensation set out in attached Table 3, and the lump-sum survivors' compensation benefits shall be paid where there is no one eligible for a survivors' compensation annuity pursuant to Article 63 (1) at the time the worker dies.
(3) If a person eligible for a survivors' compensation annuity under paragraph (2) wishes, an amount equivalent to 50/100 of the lump-sum survivors' compensation benefits set out in attached Table 3 shall be paid in a lump sum, and the survivors' compensation annuity shall be paid in an amount reduced by 50/100.
(4) In the event that a person who has received a survivors' compensation annuity loses eligibility therefor, and if there is no other beneficiary with eligibility and the total number of days obtained by dividing the amount of the annuity already paid by each average wage at the time of paying the annuity is short of 1,300, the amount calculated by multiplying such insufficient number of days by the average wage at the time of losing the eligibility shall be paid in a lump sum to the survivors at the time the eligibility is lost.
(5) Standards and methods for the payment of survivors' compensation annuities under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.
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 Article 63 (Scope of Persons Entitled to Survivors' Compensation Annuities)   print
(1) Persons entitled to a survivors' compensation annuity (hereinafter referred to as "persons entitled to a survivors' compensation annuity") shall be a wife (including any person in a de facto marital relationship; hereinafter the same shall apply) of a worker and any of the following survivors whose livelihood had been supported by such worker at the time of the worker's death (excluding those who were not Korean nationals and were living in foreign countries at the time of the death). In such cases, the criteria for determining survivors whose livelihood had been supported by the worker shall be prescribed by Presidential Decree: <Amended by Act No. 10339, Jun. 4, 2010>
1. Husband (including any person in a de facto marital relationship; hereinafter the same shall apply), parents or grandparents each aged 60 or older;
2. Children or grandchildren each aged below 18;
3. Siblings aged below 18 or not less than 60;
4. Any person who is either a husband, child, parent, grandchild, grandparent or sibling who does not fall under any of subparagraphs 1 through 3 and suffers a disability falling under a disability grade at least as high as that prescribed by ordinance of the Ministry of Employment and Labor, among the disabled provided for in Article 2 of the Welfare of Disabled Persons Act.
(2) In applying paragraph (1), if a child who was a fetus at the time of the worker's death is born, the child shall be deemed at birth and thereafter a survivor whose livelihood had been supported by the worker concerned at the time of his/her death.
(3) The right to receive a survivors' compensation annuity of persons entitled to the survivors' compensation annuity shall be exercised in the order of spouse, children, parents, grandchildren, grandparents and siblings.
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 Article 64 (Losing Eligibility of Persons Entitled to Survivors' Compensation Annuities, Suspension of Annuity Payment, etc.)   print
(1) Any survivor entitled to a survivors' compensation annuity shall lose his/her eligibility when he/she falls under any of the following subparagraphs:
1. When he/she dies;
2. When he/she is remarried (limited to the spouse of the deceased worker and including the case of a de facto marital relationship as for remarriage);
3. When the kinship with the deceased worker ceases to exist;
4. When a child, grandchild or sibling turns 18;
5. When a person who has been disabled as prescribed in Article 63 (1) 4 completely recovers from such disability;
6. When a person entitled to a survivors' compensation annuity who was a Korean national at the time of the worker's death has lost his/her Korean nationality and now lives in a foreign country or leaves Korea to live in a foreign country;
7. When a person entitled to a survivors' compensation annuity who is not a Korean national leaves Korea to live in a foreign country.
(2) In the event that a person who holds the right to receive a survivors' compensation annuity (hereinafter referred to as "survivors' compensation annuitant") loses eligibility, the right to receive the survivors' compensation annuity shall be transferred to a person in the same priority status, if any, and when there is no such person, shall be transferred to the next person in order.
(3) In th event that a survivors' compensation annuitant has been missing for not less than three months, the payment of such annuity to him/her shall be suspended as prescribed by Presidential Decree, and the annuity shall be paid to a person in the same priority status, if any, and when there is no such person, to the next person in order. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 65 (Order of Priority of Survivors who are Survivors' Compensation Annuitants)   print
(1) The priority order of the right to receive a survivors' compensation annuity among survivors under Articles 57 (5) and 62 (2) (limited to lump-sum survivors' compensation benefits) and (4) shall be in accordance with the following order, and the priority order of the said right among persons under the same subparagraph shall follow the order in which they are listed in the subparagraph. In such cases, where two or more annuitants are in the same priority status, the annuity shall be divided and paid equally among them:
1. The spouse, children, parents, grandchildren and grandparents whose livelihood had been supported by the worker at the time of his/her death;
2. The spouse, children, parents, grandchildren and grandparents whose livelihood had not been supported by the worker at the time of his/her death, and siblings whose livelihood had not been supported by the worker at the time of his/her death;
3. Siblings.
(2) In the case of paragraph (1), an adoptive parent has priority over a biological parent, a parent of an adoptive parent over a parent of a biological parent, and an adoptive parent of any parent over a biological parent of the parent.er a biologica, parents supported by the worker shall be put first in order.
(3) In the event that a survivor who is a survivors' compensation annuitant dies, the insurance benefits shall be paid to a person in the same priority status, if any, and when there is no such person, to the next person in order.
(4) Notwithstanding paragraphs (1) through (3), where a worker designates a survivor to receive insurance benefits in his/her will, such designation shall be honored in the payment of those insurance benefits.
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 Article 66 (Injury-Disease Compensation Annuities)   print
(1) If a worker who receives medical care benefits continues to be in a state that meets each of the following requirements even two years after the day of commencing the medical care, an injury-disease compensation annuity shall be paid to the worker concerned instead of temporary disability compensation benefits: <Amended by Act No. 9988, Jan. 27, 2010>
1. The injury or disease remains uncured;
2. The degree of invalidity caused by the injury or disease falls under such invalidity grade standards as determined by Presidential Decree;
3. He/she fails to obtain a job due to such medical care.
(2) The injury-disease compensation annuities shall be paid according to the grades of invalidity as prescribed in attached Table 4.
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 Article 67 (Injury-Disease Compensation Annuities for Low-Income Workers)   print
(1) In calculating an injury-disease compensation annuity pursuant to Article 66, if the average wage of the worker concerned is less than an amount produced by multiplying the minimum wage by 100/70, 100/70 of the minimum wage shall be deemed the average wage of the worker.
(2) If an injury-disease compensation annuity per day obtained by dividing the amount of an injury-disease compensation annuity calculated pursuant to Article 66 or paragraph (1) of this Article by 365 is less than the daily amount of temporary disability compensation benefits calculated pursuant to Article 54, the amount calculated pursuant to Article 54 shall be the injury-disease compensation annuity per day. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 68 (Injury-Disease Compensation Annuities for the Aged)   print
If a worker who receives an injury-disease compensation annuity reaches the age of 61, the amount of injury-disease compensation annuity to be paid thereafter shall be the amount calculated in accordance with the standards for payment of injury-disease compensation annuity per day under attached Table 5. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 69 (Injury-Disease Compensation Annuities during Additional Medical Care)   print
(1) A person whose state of injury or disease meets all the requirements described in the subparagraphs of Article 66 (1) two years after the commencement of additional medical care shall be paid an injury-disease compensation annuity, instead of temporary disability compensation benefits, in accordance with the grades of invalidity set out in attached Table 4. In such cases, the average wage applicable in the calculation of temporary disability compensation benefits during the additional medical care shall be applied in calculating the injury-disease compensation annuity; however, if the average wage is less than the minimum wage multiplied by 100/70 or there is no wage subject to the calculation of the average wage at the time of the additional medical care, 100/70 of the minimum wage shall be deemed the average wage for the worker in calculating the annuity.
(2) If a worker who receives an injury-disease compensation annuity pursuant to paragraph (1) receives a disability compensation annuity, the number of payment days for the injury-disease compensation annuity by grade of invalidity shown in attached Table 4 minus the number of payment days for the disability compensation annuity by grade of disability set out in attached Table 2 and then multiplied by the average wage pursuant to the latter part of paragraph (1) shall be the amount of injury-disease compensation annuity for the worker.
(3) If a worker who receives an injury-disease compensation annuity pursuant to paragraph (2) reaches the age of 61, an injury-disease compensation annuity per day calculated in accordance with attached Table 5 minus the amount of daily disability compensation annuity calculated on the basis of the average wage pursuant to the latter part of paragraph (1) shall be the amount of injury-disease compensation annuity per day to be paid thereafter. <Newly Inserted by Act No. 9988, Jan. 27, 2010>
(4) Notwithstanding paragraphs (1) through (3), if a worker who receives a disability compensation annuity pursuant to the proviso to Article 57 (3) receives additional medical care, no injury-disease compensation annuity shall be paid: Provided, That when his/her grade of invalidity is raised during the additional medical care, two years shall be deemed to have passed since the commencement of the additional medical care notwithstanding the former part of paragraph (1), and he/she shall be paid the amount of injury-disease compensation annuity calculated pursuant to paragraphs (2) and (3). <Amended by Act No. 9988, Jan. 27, 2010>
(5) The provisions of Article 67 shall not apply in calculating injury-disease compensation annuities during additional medical care.
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 Article 70 (Period and Time of Paying Annuities)   print
(1) The payment of a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity or pneumoconiosis survivors' compensation annuity shall begin on the first day of the month following the month in which a cause for the payment thereof occurs, and end on the last day of the month in which the right to receive the annuity is extinguished. <Amended by Act No. 10305, May 20, 2010>
(2) If a cause for suspending payment of a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity or pneumoconiosis survivors' compensation annuity occurs, the annuity shall not be paid from the first day of the month following the month in which the cause occurs to the last day of the month in which the cause ceases to exist. <Amended by Act No. 10305, May 20, 2010>
(3) A disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity or pneumoconiosis survivors' compensation annuity shall be divided into twelve equal payments every year, which shall be paid on the 25th of every month; and if the payment date falls on a Saturday or holiday, it shall be made on the preceding day. <Amended by Act No. 10305, May 20, 2010>
(4) If the right to receive a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity or pneumoconiosis survivors' compensation annuity is extinguished, it may be paid even before the payment date under paragraph (3). <Amended by Act No. 10305, May 20, 2010>
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 Article 71 (Funeral Expenses)   print
(1) Where a worker dies due to any cause related to his/her duties, funeral expenses amounting to the average wage for 120 days shall be paid to a survivor who arranges funeral services: Provided, That when there is no survivor who will arrange funeral services or a person other than survivors arranges funeral services due to extenuating circumstances, the amount actually spent on the funeral services shall be paid to the person who arranges the funeral services within the limits of an amount equivalent to the average wage for 120 days.
(2) Where the funeral expenses referred to in paragraph (1) exceed the maximum amount or fall short of the minimum amount published by the Minister of Employment and Labor as prescribed by Presidential Decree, the maximum amount or the minimum amount shall be each deemed the funeral expenses. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 72 (Vocational Rehabilitation Benefits)   print
(1) Types of vocational rehabilitation benefits are as follows: <Amended by Act No. 9988, Jan. 27, 2010; Act No. 10305, May 20, 2010>
1. Vocational training costs and vocational training allowances for those who require vocational training to be reemployed (hereinafter referred to as "trainees") among those who have received or are clearly expected to receive disability benefits or pneumoconiosis compensation annuities as prescribed by Presidential Decree (hereinafter referred to as "recipients of disability benefits");
2. Return-to-work subsidies, vocational adaption training costs, rehabilitation exercise costs paid if an employer retains, or carries out vocational adaptation training or a rehabilitation exercise program for the recipients of disability benefits who have returned to the workplace where they had been working when the occupational accident occurred.
(2) The trainees referred to in paragraph (1) 1 and the recipients of disability benefits referred to in subparagraph 2 of the same paragraph shall be prescribed by Presidential Decree in view of the degree of disability, age, etc.
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 Article 73 (Vocational Training Costs)   print
(1) Vocational training for trainees shall be provided at a vocational training institution which has contracted with the Service (hereinafter referred to as "vocational training institution").
(2) Vocational training costs under Article 72 (1) 1 (hereinafter referred to as "vocational training costs") shall be paid to a vocational training institution which provides vocational training pursuant to paragraph (1): Provided, That they shall not be paid in cases prescribed by Presidential Decree, including where a vocational training institution has received an amount equivalent to vocational training costs under the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act, the Employment Insurance Act, the Act on the Development of Workplace Skills of Workers, or other Acts and subordinate statutes.
(3) Vocational training costs shall be the amount actually spent within the amount published by the Minister of Employment and Labor after taking into account training costs, training period, labor market conditions, etc., and the training period during which the vocational training costs are paid shall not exceed 12 months. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Necessary matters concerning the scope, criteria, procedure, and method for paying vocational training costs, conclusion and termination of contracts with vocational training institutions, etc. shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 74 (Vocational Training Allowances)   print
(1) Vocational training allowances under Article 72 (1) 1 shall be paid to trainees who receive vocational training pursuant to Article 73 (1) for a period during which they are unemployable due to the vocational training, and their daily payments shall be the amount equivalent to the minimum wage: Provided, That the trainees who receive temporary disability compensation benefits or injury-disease compensation annuities shall not be paid. <Amended by Act No. 9988, Jan. 27, 2010>
(2) Where a recipient of vocational training allowances pursuant to paragraph (1) receives a disability compensation annuity or pneumoconiosis compensation annuity, if the sum of the amount of disability compensation annuity or pneumoconiosis compensation annuity per day (referring to the amount calculated by dividing, by 365, the amount of the pneumoconiosis compensation annuities calculated pursuant to Article 91-3 (2)) and the amount of vocational training allowances per day exceeds 70/100 of the average wage based on which the disability compensation annuity or pneumoconiosis compensation annuity of the worker is calculated, an amount equivalent to the vocational training allowances within the limits of the excess shall not be paid. <Amended by Act No. 10305, May 20, 2010>
(3) Necessary matters concerning the payment of vocational training allowances, etc. under paragraph (1) shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 75 (Return-to-Work Subsidies, etc.)   print
(1) Return-to-work subsidies, vocational adaptation training costs and rehabilitation exercise costs under Article 72 (1) 2 shall be paid, respectively, to an employer who retains employment of, or carries out vocational adaptation training or a rehabilitation exercise program for, recipients of disability benefits. In such cases, conditions for payment of the return-to-work subsidies, vocational adaptation training costs and rehabilitation exercise costs shall be prescribed by Presidential Decree.
(2) The amount of return-to-work subsidies referred to in paragraph (1) shall be that of wages paid by an employer to a recipient of disability benefits within the amount published by the Minister of Employment and Labor after taking into account wage levels, labor market conditions, etc., and the payment period thereof shall not exceed 12 months. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The amount of vocational adaptation training costs and rehabilitation exercise costs under paragraph (1) shall be that actually spent within the amount published by the Minister of Employment and Labor after taking into account the amount spent on vocational adaptation training and rehabilitation exercise, and the payment period thereof shall not exceed three months. <Amended by Act No. 10339, Jun. 4, 2010>
(4) In cases prescribed by Presidential Decree, including where an employer hiring a recipient of disability benefits has received a subsidy under 23 of the Employment Insurance Act, subsidy for employment of the disabled under Article 30 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act or an amount equivalent to the return-to-work subsidy, vacational adaptation training costs or rehabilitation exercise costs (hereinafter referred to as "return-to-work subsidy, etc.") under other Acts and subordinate statutes, the return-to-work subsidy, etc. less the amount so received shall be paid. <Amended by Act No. 9988, Jan. 27, 2010>
(5) In cases prescribed by Presidential Decree, including where an employer hires a disabled person for fulfilling his/her duty under Article 28 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act, a return-to-work subsidy, etc. shall not be paid. <Newly Inserted by Act No. 9988, Jan. 27, 2010>
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 Article 76 (Lump-Sum Payment of Insurance Benefits)   print
(1) If a worker who is not a Korean national applies for the lump-sum payment of insurance benefits with the intention of departing from Korea while receiving medical care due to an injury or disease resulting from an occupational accident before it is cured, the insurance benefits expected to be claimed following the date on which the medical care is suspended due to the departure from Korea may be paid in a lump sum. <Amended by Act No. 9988, Jan. 27, 2010>
(2) The amount payable in a lump sum pursuant to paragraph (1) shall be the sum of each amount obtained by converting each of the following insurance benefits in view of the interest accrued for the advance payment period, etc. according to the methods prescribed by Presidential Decree. In such cases, if the worker concerned is medically recognized as meeting all requirements for the payment of insurance benefits described in subparagraphs 3 and 4, the amount of insurance benefits falling under subparagraph 4 shall not be included in the said sum: <Amended by Act No. 9988, Jan. 27, 2010; Act No. 10305, May 20, 2010>
1. Medical care benefits from the date on which medical care is suspended due to departure from Korea until the date on which an injury or disease resulting from an occupational accident is expected to be cured;
2. Temporary disability compensation benefits from the date on which medical care is suspended due to departure from Korea until the date on which an occupational injury or disease is expected to be cured or to be improved to the state of being employed (where the expected date falls more than two years after the date of commencing the medical care, until the second anniversary from the date of commencing the medical care);
3. Lump-sum disability compensation benefits corresponding to the grade of a disability expected to remain at the time medical care is suspended due to departure from Korea, after an injury or disease resulting from an occupational accident is cured;
4. If the invalidity subject to the payment of an injury-disease compensation annuity is expected to remain uncured even after two years from the date of commencing medical care at the time the medical care is suspended due to departure from Korea, an amount equivalent to the lump-sum disability compensation benefits corresponding to the same disability grade as the expected grade of invalidity (if the medical care is suspended due to departure from Korea after two years from the date of commencing the medical care, the grade of invalidity corresponding to the then state of injury or disease);
5. Pneumoconiosis compensation annuities based on the pneumoconiosis grade which is determined at the time the medical care is provided.
(3) Procedures for applying for and making lump-sum payment referred to in paragraph (1) shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 77 (Measures for Prevention of Complications, etc.)   print
The Service may allow any person whose occupational injury or disease has been cured but is likely to be placed under additional medical care due to the development of a complication, etc., to receive necessary treatment for the prevention thereof at an industrial accident insurance-related medical institution.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]
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 Article 78 (Special Disability Benefits)   print
(1) Where a worker has sustained any disability falling under such disability grade or pneumoconiosis grade as determined by Presidential Decree due to an occupational accident caused by any intentional or negligent conduct by the policyholder, if the beneficiary claims special disability benefits in lieu of a claim for compensation of damage as prescribed by the Civil Act, special disability benefits prescribed by Presidential Decree may be paid in addition to disability benefits under Article 57 or pneumoconiosis compensation annuities under Article 91-3: Provided, That it shall be limited to cases where an agreement between the worker and the policyholder is made on the special disability benefits. <Amended by Act No. 10305, May 20, 2010>
(2) If a beneficiary has received special disability benefits under paragraph (1), he/she may not claim for damages pursuant to the Civil Act or other Acts and subordinate statutes, against the policyholder for the same cause.
(3) If the Service has paid special disability benefits under paragraph (1), it shall collect the total of such benefits from the policyholder as prescribed by Presidential Decree.
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 Article 79 (Special Survivors' Benefits)   print
(1) Where a worker dies due to an occupational accident caused by any intentional or negligent conduct by the policyholder, if the beneficiary claims special survivors' benefits in lieu of a claim for compensation of damage as prescribed by the Civil Act, special survivors' benefits prescribed by Presidential Decree may be paid in addition to survivors' benefits under Article 62 or pneumoconiosis survivors' annuities under Article 91-4. <Amended by Act No. 10305, May 20, 2010>
(2) The proviso to Article 78 (1), and Article 78 (2) and (3) shall be applicable mutatis mutandis to special survivors' benefits. In such cases, "special disability benefits" shall be construed as "special survivors' benefits."
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 Article 80 (Relations to Other Compensation or Indemnity)   print
(1) In the event that any insurance benefit under this Act has been paid or is payable to a beneficiary, the policyholder shall be exempted from the liability for accident compensation as prescribed by the Labor Standards Act for the same cause.
(2) If a beneficiary has received any insurance benefit as prescribed by this Act for the same cause, the policyholder shall be exempted from the liability for indemnity as prescribed by the Civil Act and other Acts and subordinate statutes, within the amount of such insurance benefit. In such cases, a person who receives a disability or survivors' compensation annuity shall be deemed to have received a lump-sum disability or survivors' compensation benefit.
(3) If a beneficiary has received, under the Civil Act or other Acts and subordinate statutes, any money or valuables equivalent to the amount of insurance benefits prescribed by this Act for the same cause, the Service shall not pay insurance benefits prescribed by this Act within the amount calculated by converting the money or valuables so received according to the method determined by Presidential Decree: Provided, That this shall not apply to the amount of annuity equivalent to the lump-sum disability or survivors'compensation benefits deemed to have been paid to the beneficiary under the latter part of paragraph (2).
(4) If a worker who receives medical care benefits has received any injury-disease compensation annuity after the third anniversary from the commencement of medical care, the employer concerned shall be deemed to have paid lump-sum compensation benefits as prescribed in Article 84 of the Labor Standards Act after such third anniversary, in application of the proviso to Article 23 (2) of the same Act.
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 Article 81 (Unpaid Insurance Benefits)   print
(1) If a beneficiary of insurance benefits dies and there remains any insurance benefits payable, but not yet paid, to the beneficiary, such insurance benefits shall be paid upon request by any of his/her survivors (in cases of survivors' benefits, other survivors entitled to such benefits).
(2) In the case of paragraph (1), if the beneficiary fails to claim his/her insurance benefits prior to his/her death, the insurance benefits shall be paid upon request by any of his/her survivors as prescribed by the said paragraph.
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 Article 82 (Payment of Insurance Benefits)   print
Insurance benefits shall be paid within 14 days after the decision for payment thereof.
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 Article 83 (Restriction on Payment of Insurance Benefits)   print
(1) If a worker falls under any of the following subparagraphs, the Service is not required to pay all or part of the insurance benefits: <Amended by Act No. 10305, May 20, 2010>
1. Where the worker under medical care services has aggravated his/her state of injury, disease or disability, or hindered the cure in violation of instructions relating to the medical care without justifiable grounds;
2. Where the beneficiary of a disability compensation annuity or pneumoconiosis compensation annuity has aggravated his/her state of disability on purpose, such as through self-harm, before the disability grade or pneumoconiosis grade is redetermined pursuant to Article 59.
(2) If the Service has decided not to pay insurance benefits under paragraph (1), it shall, without delay, notify the policyholder and the worker concerned of such decision.
(3) Types of insurance benefits subject to restrictions on payment of insurance benefits under paragraph (1) and the scope of the restrictions shall be prescribed by Presidential Decree.
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 Article 84 (Collection of Unjust Gains)   print
(1) Where any person who has received insurance benefits falls under any of the following subparagraphs, the Service shall collect an amount equivalent to such insurance benefits (in the case of subparagraph 1, an amount equivalent to double the benefits). In such cases, the amount the Service has claimed and received from the National Health Insurance Corporation, etc. pursuant to Article 90 (2) shall be excluded from the amount to be collected:
1. Where he/she has received the insurance benefits by false or other fraudulent means;
2. Where a current or past beneficiary has unjustly received the insurance benefits by failing to meet his/her duty to report under Article 114 (2) through (4);
3. Where he/she has been mistakenly paid the insurance benefits.
(2) In the case of paragraph (1) 1, if the payment of the insurance benefits is based on false reporting, diagnosis or certification by the policyholder, industrial accident insurance-related medical institution or vocational training institution concerned, such policyholder, industrial accident insurance-related medical institution or vocational training institution shall be held jointly liable for the insurance benefits.
(3) If an industrial accident insurance-related medical institution or a pharmacy prescribed in Article 46 (1) falls under any of the following subparagraphs, the Service shall collect an amount equivalent to the medical expenses or medicine expenses: Provided, That in the case of subparagraph 1, an amount equivalent to double the medical expenses or medicine expenses (an amount equivalent to the medical expenses where penalty surcharges are imposed pursuant to Article 44 (1)) shall be collected: <Amended by Act No. 10305, May 20, 2010>
1. Where the medical expenses or medicine expenses are obtained in false or other fraudulent means;
2. Where the medical expenses or medicine expenses are obtained unjustly in violation of the criteria for calculation of medical care benefits prescribed in Article 40 (5) and Article 91-9 (3);
3. Where the medical expenses or medicine expenses are obtained mistakenly.
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 Article 85 (Collection of Charges)   print
Articles 27, 28, 29, 30, 32, 39, 41 and 42 of the Insurance Premium Collection Act shall apply mutatis mutandis to the collection of insurance benefits under Article 39 (2), collection of special disability benefits under Article 78, collection of special survivors' benefits under Article 79, and collection of unjust gains under Article 84. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 86 (Appropriation of Insurance Benefits, etc.)   print
(1) If the Service has any insurance benefits, medical expenses or medicine expenses payable to a person who has obtained unjust gains pursuant to Article 84 (1) and (3), or a policyholder or industrial accident insurance-related medical institution held jointly liable pursuant to Article 84 (2), it may appropriate them to the amount to be collected pursuant to Article 84.
(2) The maximum limit to and procedure for the appropriation of insurance benefits, medical expenses and medicine expenses shall be prescribed by Presidential Decree.
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 Article 87 (Claim for Indemnification to Third Persons)   print
(1) If insurance benefits are paid due to an accident caused by a third person's act, the Service shall subrogate the position of the person who has received the insurance benefits, to exercise the claim for damages against the third person, within the amount of such benefits: Provided, That this shall not apply where two or more insured employers operate one business divided into two or more parts at the same place, and an accident occurs due to an act committed by a worker of the other employer.
(2) In the case of paragraph (1), if a beneficiary has been paid damages equivalent to insurance benefits under this Act from a third person for the same cause, the Service shall not pay insurance benefits under this Act, within the amount of the damages converted according to the method as determined by Presidential Decree.
(3) Each beneficiary and policyholder shall, if any accident occurs by an act of a third person, report it to the Service without delay.
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 Article 88 (Protection of Right to Receive Insurance Benefits)   print
(1) The right of a worker to receive insurance benefits shall not be extinguished by his/her retirement.
(2) The right to receive insurance benefits may not be transferred, seized or offered as collateral.
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 Article 89 (Subrogation of Right to Receive Insurance Benefits)   print
Where a policyholder (including subcontractors prescribed in subparagraph 5 of Article 2 of the Insurance Premium Collection Act; hereafter in this Article the same shall apply) pays in advance money or valuables equivalent to insurance benefits pursuant to the Civil Act or other Acts and subordinate statutes for his/her worker's occupational accident to the beneficiary for the same reason for which insurance benefits under this Act are paid, and such money or valuables are deemed a substitute for the insurance benefits, the policyholder may subrogate the position of the beneficiary to excercise the right to receive such insurance benefits as prescribed by Presidential Decree.
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 Article 90 (Settlement of Medical Care Benefit Costs)   print
(1) Where the National Health Insurance Corporation under Article 12 of the National Health Insurance Act or the head of a Si/Gun/Gu under Article 5 of the Medical Care Assistance Act (hereinafter referred to as "National Health Insurance Corporation, etc.") has paid in advance medical care benefits, etc. under health insurance to a beneficiary of medical care benefits prescribed by this Act pursuant to Article 42 (1) and then claims the costs, the Service may pay an amount equivalent to the medical care benefits if the medical care benefits, etc. under health insurance are deemed equivalent to the medical care benefits payable under this Act.
(2) Where the Service has paid a beneficiary medical care benefits and the payment decision has been cancelled thereafter, it may claim an amount equivalent to the medical care benefits, etc. under health insurance from the National Health Insurance Corporation, etc. if the medical care benefits paid are deemed equivalent to the medical care benefits, etc. under health insurance, which are payable under the National Health Insurance Act or the Medical Care Assistance Act.
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 Article 91 (Exemption from Public Charges)   print
No public charges of the State or local governments shall be imposed on any money or valuables offered as insurance benefits.
CHAPTER III-2 SPECIAL CASES CONCERNING INSURANCE BENEFITS
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 Article 91-2 (Criteria for Recognition of Occupational Accidents for Pneumoconiosis)   print
Where a worker suffers from pneumoconiosis because the worker has been engaged in dust work prescribed by ordinance of the Ministry of Employment and Labor (hereinafter referred to as "dust work") as likely to cause pneumoconiosis, such as work dealing with rock, metal or glass fiber, the worker shall be deemed to suffer from occupational diseases under Article 37 (1) 2 (a). <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10305, May 20, 2010]
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 Article 91-3 (Pneumoconiosis Compensation Annuities)   print
(1) Pneumoconiosis compensation annuities shall be paid to workers suffering from pneumoconiosis which is an occupational disease (hereinafter referred to as "pneumoconiosis worker").
(2) Pneumoconiosis compensation annuities shall, based on the average wage prescribed pursuant to subparagraph 2 of Article 5 and Article 36 (6), be the amount calculated by aggregating a pneumoconiosis disability pension by pneumoconiosis grade calculated pursuant to attached Table 6 and a basic pension. In such cases, the basic pension shall be the amount calculated by multiplying, by 365, 60/100 of the minimum wage.
(3) Where the pneumoconiosis grade of the person who receives pneumoconiosis compensation annuities changes, the sum of the basic pension and pneumoconiosis disability pension under the changed pneumoconiosis grade shall be paid from the following month of the month to which the date of change belongs.
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-4 (Pneumoconiosis Survivors' Annuities)   print
(1) Pneumoconiosis survivors' annuities shall be paid to the bereaved family when a pneumoconiosis worker dies of pneumoconiosis.
(2) Pneumoconiosis survivors' annuities shall be the same amount of the pneumoconiosis compensation annuities paid or determined to be paid to the pneumoconiosis worker at the time of death. In such cases, the pneumoconiosis survivors' annuities shall not exceed the survivors' compensation annuities calculated pursuant to Article 62 (2) and attached Table 3.
(3) Whee a worker who fails to diagnose as pneumoconiosis under Article 91-6 dies of pneumoconiosis which is an occupational disease, the pneumoconiosis survivors' annuities with respect to the worker shall be the sum of the basic pension under Article 91-3 (2) and the pneumoconiosis disability pension calculated pursuant to attached Table 6 for each pneumoconiosis grade determined pursuant to Article 91-8 (3).
(4) Articles 63 and 64 shall apply mutatis mutandis to the scope and priority of persons entitled to pneumoconiosis survivors' annuities, disqualification, suspension of payment, etc. In such cases, "survivors' compensation annuities" shall be deemed "pneumoconiosis compensation annuities."
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-5 (Request for Medical Care Benefits, etc. concerning Pneumoconiosis)   print
(1) Where a worker who engages or has engaged in dust work intends to receive medial care benefits or pneumoconiosis compensation annuities due to pneumoconiosis which is an occupational disease shall file a request with the Service accompanying the documents prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) Where a person who requests for medical care benefits, etc. pursuant to paragraph (1) receives the decision on payment or non-payment of medical care benefits, etc. pursuant to Article 91-8 (2), the person may file a request for medical care benefits, etc. again when one year has passed since the expiration date of diagnosis under Article 91-6 or when the medical care is terminated: Provided, That where any medical opinion exists that it is necessary to receive emergency diagnosis from a health examination institution under Article 91-6 (1) due to complication [referring to complication under subparagraph 2 of Article 2 of the Act on Prevention of Pneumoconiosis and Protection, etc. of Workers Suffering From Pneumoconiosis (hereinafter referred to as the "Pneumoconiosis Workers Protection Act"); hereinafter the same shall apply] or acute disturbance in cardiopulmonary function, medical care benefits, etc. may be requested for even if one year has not yet passed.
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-6 (diagnosis of Pneumoconiosis)   print
(1) Where a worker files a request for medical care benefits, etc. pursuant to Article 91-5, the Service shall request a health examination institution under Article 15 of the Pneumoconiosis Workers Protection Act (hereinafter referred to as "health examination institution") for necessary examination for diagnosis of pneumoconiosis under Article 91-8.
(2) The health examination institution shall, upon the request for diagnosis of pneumoconiosis pursuant to paragraph (1), perform the diagnosis of pneumoconiosis as prescribed by ordinance of the Ministry of Employment and Labor and then submit the results thereof to the Service. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Where a worker receives health examination under Articles 11 through 13 of the Pneumoconiosis Workers Protection Act and then the health examination institution submit x-ray of chest of the worker to the Minister of Employment and Labor pursuant to the latter part of Article 16 (1) of the same Act and the latter part of paragraph (3) of the same Article, the worker shall be deemed to have filed a request for medical care benefits, etc. and to have submitted the results thereof, pursuant to Article 91-5 (1) and paragraph (2) of this Article. <Amended by Act No. 10339, Jun. 4, 2010>
(4) The Service shall pay the expenses incurred from the diagnosis to the health examination institution performing the diagnosis pursuant to paragraph (2). In such cases, Article 40 (5) and 45 shall apply mutatis mutandis with respect to criteria for calculation of the expenses and request, etc.
(5) The amount prescribed and announced by the Minister of Employment and Labor shall be paid as diagnosis charges to the worker who receive the diagnosis pursuant to paragraph (2): Provided, That the amount shall not be paid to persons who receive disability compensation annuities or pneumoconiosis compensation annuities. <Amended by Act No. 10339, Jun. 4, 2010>
(6) Matters on the request for diagnosis, the submission of results thereof and specific procedures for payment of the examination charges under paragraphs (1), (2) and (5) shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-7 (Pneumoconiosis Deliberation Committee)   print
(1) The Pneumoconiosis Deliberation Committee comprised of relevant experts, etc. (hereinafter referred to as the "Pneumoconiosis Deliberation Committee") shall be established in the Service for the purpose of the deliberation on types of pneumoconiosis and complication thereof based on the diagnosis results under Article 91-6.
(2) The organization of members and operation of meetings of the Pneumoconiosis Deliberation Committee and other necessary matters shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-8 (Determination of Pneumoconiosis and Decision, etc. of Insurance Benefits)   print
(1) The Service shall, upon the receipt of the results of diagnosis pursuant to Article 91-6, make determinations on the types of pneumoconiosis, the existence of complication and the types thereof, the degree of cardiopulmonary function, etc. (hereinafter referred to as "determination of pneumoconiosis"), following the deliberation of the Pneumoconiosis Deliberation Committee. In such cases, the criteria necessary for the determination of pneumoconiosis shall be prescribed by Presidential Decree.
(2) The Service shall, according to the results of the determination of pneumoconiosis under paragraph (1), decide whether to pay medical care benefits, pneumoconiosis degree and whether to pay pneumoconiosis compensation annuities based on the pneumoconiosis degree. In such cases, the criteria for pneumoconiosis degree and criteria for recognition of the subject of medical care according to complication, etc. shall be prescribed by Presidential Decree.
(3) Where the Service has difficulty in determining the degree of cardiopulmonary function of pneumoconiosis workers because of complication, etc., the Service shall, notwithstanding the criteria for pneumoconiosis degree under paragraph (2), decide a pneumoconiosis degree, taking into account the types of pneumoconiosis. In such cases, the criteria for pneumoconiosis shall be prescribed by Presidential Decree.
(4) The Service shall, when it makes a decision as to whether to pay insurance benefits pursuant to paragraphs (2) and (3), notify thereof to the relevant workers.
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-9 (Procedures and Criteria for Medical Care Benefits concerning Pneumoconiosis)   print
(1) The Service shall, notwithstanding the main sentence of Article 40 (2), provide a pneumoconiosis worker who is decided to pay medical care benefits pursuant to Article 91-8 (2) with medical care at a medical institution in charge of medical care for pneumoconiosis workers (hereinafter referred to as "medical institution providing medical care to pneumoconiosis workers") among industrial accident insurance-related medical institutions.
(2) The Minister of Employment and Labor may prescribe and publicly notify the standards for handling inpatient and outpatient, standardized criteria for medical treatment, etc. following the advice of experts, in order for medical institutions to utilize them for providing proper medical care to pneumoconiosis workers. <Amended by Act No. 10339, Jun. 4, 2010>
(3) The Service may classify medical institutions providing medical care to pneumoconiosis workers within three levels taking into account facilities, personnel and quality of medical treatment, etc. In such cases, the criteria for classifying levels, patients subject to medical care by level, criteria for calculating the medical care benefits by level shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) An assessment committee for medical institutions providing medical care to pneumoconiosis workers shall be established in the Service for the purpose of providing counseling on the affairs of assessing medical institutions providing medical care to pneumoconiosis workers. In such cases, the organization and operation of the assessment committee for medical institutions providing medical care to pneumoconiosis workers and other necessary matters shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(5) Article 50 shall apply mutatis mutandis to the assessment of medical institutions providing medical care to pneumoconiosis workers. In such cases, "medical institution prescribed by Presidential Decree among industrial accident insurance-related medical institutions in Article 43 (1) 3" shall be deemed "medical institution providing medical care to pneumoconiosis workers."
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-10 (Recognition, etc. of Death due to Pneumoconiosis)   print
Where it is recognized that a worker who has engaged or engages in dust work dies of pneumoconiosis, complication thereof or other causes related to pneumoconiosis, such case shall be deemed occupational accident. In this case, matters required to consider when determining whether the death is caused by pneumoconiosis shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 91-11 (Confirmation, etc. of Cause of Death due to Pneumoconiosis)   print
(1) Where it is difficult to confirm the cause of death of a worker who engages or has engaged in dust work, the bereaved family of the worker may request for the dissection of the body, accompanying a written agreement on the dissection, to the medical institution designated by the Service among industrial accident insurance-related medical institutions with pathological specialists, in order to confirm whether the worker has died of pneumoconiosis, etc. In such cases, the medical institution shall conduct the dissection of the body, notwithstanding Article 2 of the Anatomy and Preservation of Corpses Act.
(2) The Service may subsidize some or all of the expenses to the medical institution conducted the dissection pursuant to paragraph (1) or the bereaved family. In such cases, matters on the payment criteria for paying expenses and submitting accompanying documents, and other procedures for the subsidy of the expenses shall be prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
CHAPTER IV LABOR WELFARE PROJECTS
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 Article 92 (Labor Welfare Projects)   print
(1) the Minister of Employment and Labor shall carry out the following projects to improve workers' welfare: <Amended by Act No. 10339, Jun. 4, 2010>
1. Projects for the establishment and operation of the following insurance facilities to facilitate the smooth rehabilitation of workers affected by occupational accidents:
(a) Facilities for medical care or post-surgery care;
(b) Facilities for medical or occupational rehabilitation;
2. Projects for promotion of the welfare of affected workers and their survivors, such as scholarship projects;
3. Other projects for the establishment and operation of facilities for promoting the welfare of workers.
(2) the Minister of Employment and Labor may cause the Service or any corporation established for promoting the welfare of affected workers as designated by the Minister of Employment and Labor (hereinafter referred to as "designated corporation") to carry out projects referred to in paragraph (1), or may entrust the Service or such designated corporation with the operation of insurance facilities referred to in subparagraph 1 of the said paragraph. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Necessary matters concerning the criteria for designation of designated corporations shall be determined by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) the Minister of Employment and Labor may, within budgetary limits, partially subsidize the expenses incurred by designated corporations in carrying out projects. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 93 (Loans for Individual Co-Payment of Medical Care Benefit Costs under National Health Insurance)   print
(1) If any person prescribed by Presidential Decree in consideration of the period, etc. taken to make a decision on medical care benefits files a request for medical care in relation to an occupational disease referred to in Article 37 (1) 2, the Service may make a loan to that person for the individual co-payment of medical care benefit costs under Article 41 of the National Health Insurance Act.
(2) If there are any medical care benefits under this Act payable to the person provided with a loan pursuant to paragraph (1), the Service may appropriate such medical care benefits for the repayment of the loan.
(3) The amount, conditions and procedures of a loan referred to in paragraph (1) shall be determined by the Service with the approval of the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) The maximum limit to and procedures for the appropriation of medical care benefits under paragraph (2) shall be prescribed by Presidential Decree.
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 Article 94 (Promotion of Employment of Recipients of Disability Benefits)   print
the Minister of Employment and Labor may recommend any policyholder to employ recipients of disability benefits or pneumoconiosis compensation annuities in jobs appropriate to their aptitude. <Amended by Act No. 9988, Jan. 27, 2010; Act No. No. 10305, May 4, 2010; Act No. 10339, Jun. 4, 2010>
CHAPTER V INDUSTRIAL ACCIDENT COMPENSATION INSURANCE AND PREVENTION FUND
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 Article 95 (Establishment and Creation of Industrial Accident Compensation Insurance and Prevention Fund)   print
(1) In order to secure financial resources necessary for the insurance business and industrial accident prevention projects as well as to provision for insurance benefits, the Minister of Employment and Labor shall establish an Industrial Accident Compensation Insurance and Prevention Fund (hereinafter referred to as the "Fund"). <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Fund shall be created out of insurance premiums, proceeds accruing from operation of the Fund, reserve funds, surplus resulting from the settlement of accounts of the Fund, contributions and donations from the Government or any person other than the Government, loans, and other revenues.
(3) In order to conduct industrial accident prevention projects, the Government shall, each fiscal year, appropriate contributions of the Government under paragraph (2) for the expenditure budget within the limit of 3/100 of the total Fund expenditure budget.
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 Article 96 (Use of Fund)   print
(1) The Fund shall be used for any of the following purposes: <Amended by Act No. 9319, Dec. 31, 2008; Act No. 9988, Jan. 27, 2010>
1. Payment of insurance benefits and return of refunds;
2. Redemption of loans and interests thereon;
3. Contribution to the Service;
5. Promotion of the welfare of workers suffering from accidents;
6. Contribution to the Korea Occupational Safety and Health Agency established pursuant to the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the "Korea Occupational Safety and Health Agency");
7. Contribution to any person entrusted with business under Article 4 of the Insurance Premium Collection Act;
8. Other insurance business and the management and operation of the Fund.
(2) the Minister of Employment and Labor shall, each fiscal year, appropriate not less than 8/100 of the total amount of Fund expenditure budget falling under any subparagraph of paragraph (1) for a purpose prescribed in paragraph (1) 4 and 6. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 97 (Management and Operation of Fund)   print
(1) The Fund shall be managed and operated by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) the Minister of Employment and Labor shall manage and operate the Fund by the following methods: <Amended by Act No. 10339, Jun. 4, 2010>
1. Deposits and money trusts in financial institutions or postal offices;
2. Deposits in financial funds;
3. Purchase of beneficiary certificates, such as investment trusts;
4. Purchase of securities issued directly, or the performance of obligations is guaranteed by the State, local governments or financial institutions;
5. Other activities determined by Presidential Decree for increasing the Fund.
(3) In managing and operating the Fund under paragraph (2), the Minister of Employment and Labor shall make efforts to yield returns in excess of such level as determined by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(4) the Minister of Employment and Labor shall make accounts of the Fund according to business accounting principles. <Amended by Act No. 10339, Jun. 4, 2010>
(5) the Minister of Employment and Labor may entrust the Service or the Korea Occupational Safety and Health Agency with some of its affairs concerning the management and operation of the Fund. <Amended by Act No. 9319, Dec. 31, 2008; Act No. 10339, Jun. 4, 2010>
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 Article 98 (Fund Operational Plans)   print
the Minister of Employment and Labor shall establish a Fund operational plan subject to deliberation by the Committee each fiscal year. <Amended by Act No. 10339, Jun. 4, 2010>
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 Article 99 (Accumulation of Liability Reserves)   print
(1) the Minister of Employment and Labor shall accumulate a liability reserve to appropriate for insurance benefits. <Amended by Act No. 10339, Jun. 4, 2010>
(2) If the amount of reserve funds exceeds the liability reserve calculated each fiscal year, the Minister of Employment and Labor shall use the surplus as revenue source for the payment of future insurance benefits, and if it is short, accumulate the shortage from the revenues of premiums. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Necessary matters concerning criteria for calculating liability reserves and accumulation thereof under paragraph (1) shall be determined by Presidential Decree.
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 Article 100 (Settlement of Surplus and Loss)   print
(1) If any surplus accrues from settlement of accounts of the Fund, it shall be deposited as reserve funds.
(2) If any loss accrues from settlement of accounts of the Fund, it may be made up using reserve funds.
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 Article 101 (Loans)   print
(1) If it is required to disburse expenses of the Fund, any loan may be made at the expense of the Fund.
(2) If there is any shortage in cash for disbursement by the Fund, any temporary loan may be made at the expense of the Fund.
(3) A temporary loan referred to in paragraph (2) shall be redeemed within the corresponding fiscal year.
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 Article 102 (Receipts, Disbursements, etc. of Fund)   print
Matters concerning the procedure, etc. of receipts and disbursements in the management and operation of the Fund shall be determined by Presidential Decree.
CHAPTER VI REQUESTS FOR EXAMINATION AND REEXAMINATION
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 Article 103 (Filing Requests for Examination)   print
(1) Any person who is dissatisfied with a decision, etc. by the Service falling under any of the following subparagraphs (hereinafter referred to as "decision on insurance benefits, etc.") may file a request for examination with the Service: <Amended by Act No. 10305, May 4, 2010>
1. A decision on insurance benefits under Chapter III and Chapter III-2;
2. A decision on medical expenses under Article 45 and 91-6 (4);
3. A decision on medicine expenses under Article 46;
4. A measure, etc. to change a medical treatment plan under Article 47 (2);
5. A decision to make a lump-sum payment of insurance benefits under Article 76;
6. A decision on collection of unjust gains under Article 84;
7. A decision on subrogation of the right to receive insurance benefits under Article 89.
(2) A request for examination referred to in paragraph (1) shall be filed with the Service through an agency under the control of the Service, which has made a decision on the insurance benefits concerned, etc.
(3) A request for examination under paragraph (1) shall be filed within 90 days after the decision on insurance benefits, etc. is informed.
(4) An agency under the control of the Service shall, in receipt of a request for examination under paragraph (2), send it to the Service, along with its written opinion within five days.
(5) No administrative appeal as prescribed by the Administrative Appeals Act may be made against any decision on insurance benefits, etc.
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 Article 104 (Industrial Accident Compensation Insurance Examination Committee)   print
(1) In order to deliberate on requests for examination made pursuant to Article 103, there shall be established an Industrial Accident Compensation Insurance Examination Committee (hereinafter referred to as the "Examination Committee") comprised of relevant experts, etc. within the Service.
(2) Article 108 shall apply mutatis mutandis to the exclusion, challenge and abstention of a member of the Examination Committee.
(3) Necessary matters concerning the composition and operation of the Examination Committee shall be prescribed by Presidential Decree.
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 Article 105 (Deliberation and Decisions on Requests for Examination)   print
(1) The Service shall make a decision on any request for examination filed subject to deliberation by the Examination Committee within 60 days after it receives a written request for examination under Article 103 (4): Provided, That where it is impossible to make a decision thereon within such period due to extenuating circumstances, the period may be extended only once within the limit of 20 days.
(2) Notwithstanding the main sentence of paragraph (1), if there is any ground prescribed by Presidential Decree, such as a request for examination filed after the end of the request period, a decision on the request for examination may be rendered without a deliberation process by the Examination Committee.
(3) If the decision period is extended pursuant to the proviso to paragraph (1), the person who has filed the request for examination and the agency under the control of the Service which has rendered the decision on insurance benefits, etc. shall be informed thereof at least seven days before the end of the initial decision period.
(4) If it is required for deliberating on a request for examination, the Service may, upon request by the requester or ex officio, take each of the following measures:
1. To have the requester or other interested person appear at a designated place, in order to ask questions or to seek his/her opinion;
2. To have the requester or other interested person present any documents or other things that can be used as evidence;
3. To have a third person having expertise or experience make an appraisal;
4. To have an employee belonging to the Service enter any place of business or other place related to the case in order to ask questions of the business operator, workers and other interested persons or inspect documents or other things;
5. To have a worker related to the request for examination diagnosed by a doctor, dentist or oriental medical doctor (hereinafter referred to as "doctor, etc.") designated by the Service.
(5) Any employee of the Service who makes questions or inspections under paragraph (4) 4 shall carry a certificate indicating his/her authority and show it to interested persons.
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 Article 106 (Filing Requests for Reexamination)   print
(1) Any person who is dissatisfied with a decision on a request for examination under Article 105 (1) may file a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee under Article 107: Provided, That a person who is dissatisfied with a decision on insurance benefits which has been deliberated upon by the Adjudication Committee may file a request for reexamination without filing a request for examination pursuant to Article 103.
(2) A request for reexamination under paragraph (1) shall be filed with the Industrial Accident Compensation Insurance Reexamination Committee under Article 107 through an agency under the control of the Service which has rendered the decision on insurance benefits, etc.
(3) A request for reexamination under paragraph (1) shall be filed within 90 days after the decision on such request for examination is informed: Provided, That when a request for reexamination is filed without filing a request for examination pursuant to the proviso to paragraph (1), the request shall be filed within 90 days after the decision on insurance benefits is informed.
(4) Article 103 (4) shall be applicable mutatis mutandis to requests for reexamination. In such cases, "written request for examination" shall be construed as "written request for reexamination", and "Service", as "Industrial Accident Compensation Insurance Reexamination Committee", respectively.
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 Article 107 (Industrial Accident Compensation Insurance Reexamination Committee)   print
(1) In order to deliberate and decide upon requests for reexamination as prescribed in Article 106, there shall be established an Industrial Accident Compensation Insurance Reexamination Committee (hereinafter referred to as the "Reexamination Committee") within the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The Reexamination Committee shall consist of no more than 60 members, including one chairperson, two of whom shall be standing members and one of whom, an ex officio member.
(3) Two-fifths of the members of the Reexamination Committee shall be comprised of persons recommended by a workers' organization and an employers' organization, respectively, from among those prescribed in paragraph (5) 2 through 5. In such cases, the number of members recommended by a workers' organization and an employers' organization shall be equal. <Amended by Act No. 9988, Jan. 27, 2010>
(4) Notwithstanding paragraph (3), if the number of those recommended by a workers' organization or employers' organization, respectively, is less than one-fifth of the total number of members to be commissioned, the latter part of paragraph (3) shall not apply and the number of members recommended by a workers' organization or employers' organization may be less than two-fifths of the total number of members. <Newly Inserted by Act No. 9988, Jan. 27, 2010>
(5) The chairperson and members of the Reexamination Committee shall be appointed by the President upon the recommendation of the Minister of Employment and Labor, from among the following persons: Provided, That the ex officio member shall nominated by the Minister of Employment and Labor from among public officials of Grade III in general service under his/her jurisdiction or public officials in general service belonging to the Senior Civil Service: <Amended by Act No. 10339, Jun. 4, 2010>
1. Those who are or were in office as public officials of Grade III or higher or public officials in general service belonging to the Senior Civil Service;
2. Judges, public prosecutors, attorneys-at-law, or certified labor affairs consultants with ten or more years of experience;
3. Those who are or were in office as associate professors or higher at schools as prescribed in Article 2 of the Higher Education Act;
4. Those who have been engaged in labor-related services or industrial accident compensation insurance-related services for no less than 15 years;
5. Those with abundant learning and experience in the social insurance or industrial medical science.
(6) No person who falls under any of the following subparagraphs shall be appointed as a member:
1. An incompetent or quasi-incompetent, or person declared bankrupt, but not reinstated;
2. A person sentenced to imprisonment without prison labor or a heavier penalty, and for whom three years have not passed since the execution of the sentence was terminated or the non-execution thereof became definite;
3. A person who is non-compos or feeble-minded.
(7) The term of office of members (excluding the ex officio member) of the Reexamination Committee shall be three years, which may be renewed consecutively, and the chairperson or a standing member whose term has expired may continue to perform his/her duties until his/her successor is appointed. <Amended by Act No. 9988, Jan. 27, 2010>
(8) No member of the Reexamination Committee shall be dismissed from office against his/her will except in any of the following cases:
1. Where he/she is sentenced to imprisonment without prison labor or a heavier penalty;
2. Where he/she becomes unable to carry out his/her duties due to any chronic physical or mental infirmity.
(9) The Reexamination Committee shall have a secretariat.
(10) Matters necessary for the organization, operation, etc. of the Reexamination Committee shall be determined by Presidential Decree. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 108 (Exclusion, Challenge and Abstention of Members)   print
(1) Any member of the Reexamination Committee shall be excluded from participating in the hearing and ruling of a case if he/she falls under any of the following subparagraphs:
1. Where a member or his/her spouse or former spouse is a party to the case, or a joint right holder or obligator regarding the case;
2. Where a member is or was a relative of a party to the case, who is prescribed in Article 777 of the Civil Act;
3. Where a member gives any testimony or expert opinion regarding the case;
4. Where a member is or was involved as an agent of a party in the case;
5. Where a member is involved in making a decision on insurance benefits, etc. which is the subject matter of the case.
(2) If any party finds it difficult to expect a fair hearing or ruling from a member, it may file an application to challenge such member.
(3) If any member falls under any ground as defined in paragraph (1) or (2), he/she may abstain from the hearing and ruling of the case.
(4) Paragraphs (1) through (3) shall apply mutatis mutandis to employees, other than members, who are involved in clerical work concerning the hearing and ruling of a case.
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 Article 109 (Hearing and Ruling of Request for Reexamination)   print
(1) Article 105 (1) and (3) through (5) shall be applicable mutatis mutandis to the hearing and ruling of a request for reexamination. In such cases, "Service" shall be construed as "Reexamination Committee", "request for examination subject to deliberation by the Examination Committee" as "request for reexamination", "decision" as "ruling", and "employee of the Service" as "member of the Reexamination Committee", respectively.
(2) A ruling by the Reexamination Committee shall be binding on the Service.
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 Article 110 (Succession to Status of Requester for Examination or Reexamination)   print
In the event that a person who has requested an examination or reexamination dies, if he/she is a beneficiary of insurance benefits, his/her status shall be succeeded by his/her survivors as prescribed in Article 62 (1) or 81, and if not, by his/her heirs or heiresses or a person who has succeeded to the right or interest related to the insurance benefits which are the subject matter of the request for examination or reexamination.
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 Article 111 (Relationship with other Acts)   print
(1) With respect to an interruption of prescription, the institution of a request for examination or reexamination as prescribed in Articles 103 and 106 shall be deemed a judicial request as prescribed in Article 168 of the Civil Act.
(2) For the purposes of Article 18 of the Administrative Litigation Act, any ruling on a request for reexamination as prescribed in Article 106 shall be deemed a ruling on an administrative appeal.
(3) Matters concerning requests for examination and reexamination as prescribed in Articles 103 and 106, which are not provided by this Act, shall be subject to the provisions of the Administrative Appeals Act.
CHAPTER VII SUPPLEMENTARY PROVISIONS
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 Article 112 (Prescription)   print
(1) If a right described in any of the following subparagraphs is not exercised for three years, it shall become extinctive by prescription: <Amended by Act No. 9988, Jan. 27, 2010>
1. Right to receive insurance benefits under Article 36 (1);
2. Right of an industrial accident insurance-related medical institution under Article 45;
3. Right of a pharmacy under Article 46;
4. Right of a policyholder under Article 89;
5. Right of the National Health Insurance Corporation, etc. under Article 90 (1).
(2) Except as provided by this Act, extinctive prescription under paragraph (1) shall be subject to the provisions of the Civil Act.
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 Article 113 (Interruption of Prescription)   print
Extinctive prescription under Article 112 shall be interrupted by a request filed under Article 36 (2). In such cases, if the request is the first one requiring a judgment on whether the case concerns an occupational accident prescribed in subparagraph 1 of Article 5, the interruption of prescription resulting from the request shall affect the other insurance benefits referred to in Article 36 (1).
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 Article 114 (Reporting, etc.)   print
(1) If deemed necessary, the Service may ask the operator of a business subject to this Act or workers engaged in that business and an agency handling insurance business by proxy under Article 33 of the Insurance Premium Collection Act (hereinafter referred to as "insurance business agency") to make a necessary report relating to the insurance business or to submit related documents, as prescribed by Presidential Decree.
(2) Any person entitled to a disability or survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' compensation annuity shall report to the Service such matters necessary for the payment of the insurance benefits as prescribed by Presidential Decree. <Amended by Act No. 10305, May 4, 2010>
(3) Any person who is or was a beneficiary of insurance benefits shall report to the Service such matters related to any change of an entitlement to receive the insurance benefits as prescribed by Presidential Decree.
(4) If a beneficiary dies, a person liable to report under Article 85 of the Act on the Registration, etc. of Family Relationship shall report such death to the Service within one month.
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 Article 115 (Departure Report, etc. by Beneficiary of Annuity, etc.)   print
(1) If a beneficiary of a disability compensation annuity, beneficiary of a survivors' compensation annuity, beneficiary of a pneumoconiosis compensation annuity, or a beneficiary of a pneumoconiosis survivors' compensation annuity (hereinafter referred to as "beneficiary of a disability compensation annuity, etc.") or a person entitled to a survivors' compensation annuity or pneumoconiosis compensation annuity, who is a Korean national, departs from Korea to live in a foreign country, the beneficiary of such disability compensation annuity, etc. shall report such to the Service. <Amended by Act No. 10305, May 4, 2010>
(2) If a beneficiary of a disability compensation annuity, etc. or a person entitled to a survivors' compensation annuity or pneumoconiosis survivors' compensation annuity receives a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' compensation annuity while living in a foreign country, the beneficiary of such disability compensation annuity, etc. shall report to the Service such matters as prescribed by Presidential Decree concerning the right or entitlement to such annuity at least once every year as prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10305, May 4, 2010; Act No. 10339, Jun. 4, 2010>
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 Article 116 (Employer's Assistance)   print
(1) If it is difficult for a person entitled to insurance benefits to proceed with the procedure for instigating a claim, etc. for the insurance benefits, due to any accident, the relevant employer shall assist him/her therein.
(2) If a person entitled to insurance benefits demands certification necessary for receiving them, the relevant employer shall provide such certification.
(3) If it is impossible to provide certification referred to in paragraph (2) because the whereabouts of the employer is unknown or other extenuating circumstances occur, such certification may be omitted.
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 Article 117 (Investigation of Workplace, etc.)   print
(1) If deemed necessary for a decision on insurance benefits or the hearing, ruling, etc. of a request for examination, the Service may cause any of its employees to enter the office or place of a business subject to this Act and the office of an insurance business agency to ask relevant persons questions or investigate relevant documents.
(2) In the case of paragraph (1), an employee of the Service shall carry a certificate indicating his/her authority and produce it to relevant persons.
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 Article 118 (Investigation, etc. of Industrial Accident Insurance-Related Medical Institution)   print
(1) If deemed necessary in relation to any insurance benefits, the Service may ask the industrial accident insurance-related medical institution (including its doctors; hereafter in this Article the same shall apply) which has provided medical treatment to the worker receiving such insurance benefits to report on the medical treatment of the worker or to submit any document or article related to the medical treatment, or cause any of its employees to ask relevant persons questions or investigate relevant documents or articles, as prescribed by Presidential Decree.
(2) Article 117 (2) shall be applicable mutatis mutandis to investigations under paragraph (1).
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 Article 119 (Demands for Medical Examination)   print
If deemed necessary in relation to any insurance benefits, the Service may demand that any person who receives or intends to receive the insurance benefits receive medical examination at an industrial accident insurance-related medical institution, as prescribed by Presidential Decree.
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 Article 119-2 (Payment of Bounty)   print
The Service may pay a bounty to a person who reports a person who unjustly receives insurance benefits, medical expenses, or medicine expenses pursuant to Article 84 (1) and (3) within budgetary limits, as prescribed by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
[This Article Newly Inserted by Act No. 10305, May 4, 2010]
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 Article 120 (Temporary Suspension of Insurance Benefits)   print
(1) If a person who intends to receive insurance benefits falls under any of the following subparagraphs, the Service may temporarily suspend the payment of such insurance benefits: <Amended by Act No. 10305, May 4, 2010>
1. Where a worker in the course of medical care fails, without any justifiable ground, to follow the order to transfer to another medical institution given by the Service pursuant to Article 48 (1);
2. Where a person fails to comply with a demand issued by the Service by virtue of its authority to redetermine his/her disability grade or pneumoconiosis grade pursuant to Article 59;
3. Where a person fails to make a report or submit documents as prescribed in Article 114 or 115;
4. Where a person fails to respond to questions or investigations as prescribed in Article 117;
5. Where a person fails to comply with a demand for medical examination as prescribed in Article 119.
(2) The types of insurance benefits subject to temporary suspension under paragraph (1) and the period of and procedures for the temporary suspension shall be prescribed by Presidential Decree.
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 Article 121 (Special Cases concerning Overseas Business)   print
(1) With respect to any business in a country or area as prescribed by a treaty or convention governing social security (hereinafter referred to as "social security-related treaty") to which Korea is a party, for the purposes of compensating a worker for any occupational accident that occurs during his/her overseas service period, a person designated by the Minister of Employment and Labor after consultation with the Financial Services Commission (hereinafter referred to as "insurance company") is allowed to carry on, on its own account, insurance business as prescribed by this Act. <Amended by Act No. 8863, Feb. 29, 2008; Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
(2) Insurance companies shall carry on insurance business in accordance with a business manual as prescribed by the Insurance Business Act. In such cases, no insurance benefits paid by insurance companies shall be unfavorable for workers compared with those prescribed by this Act.
(3) Insurance companies carrying on insurance business under paragraph (1) shall faithfully fulfill all the responsibilities to be borne by the Government under this Act and social security-related treaties for the sake of workers.
(4) Articles 2, 3 (1), 6 (proviso), 8 and 82, and Chapters V and VI shall not be applicable to any overseas business under paragraph (1) and insurance business covering such business.
(5) In carrying on insurance business under paragraph (1), insurance companies may exercise the authority of the Service as prescribed by this Act.
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 Article 122 (Special Cases concerning Persons Dispatched Overseas)   print
(1) Where any policyholder under Article 5 (3) and (4) of the Insurance Premium Collection Act applies for an insurance policy to the Service and obtains approval therefrom for a person dispatched overseas to place him/her in a business run by the said policyholder in an area (excluding any area prescribed by ordinance of the Ministry of Employment and Labor) other than the Republic of Korea (hereinafter referred to as "person dispatched overseas"), the person dispatched overseas may be deemed a worker employed for a business (where two or more businesses exist, this refers to the main business) carried on within the territory of the Republic of Korea and thus be governed by this Act. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The amount of wages used as the basis for calculating insurance benefits of a person dispatched overseas shall be that determined and published by the Minister of Employment and Labor taking account of the amount of wages for workers employed in the same type of work in the business concerned and other conditions. <Amended by Act No. 10339, Jun. 4, 2010>
(3) Matters necessary for the payment, etc. of insurance benefits to persons dispatched overseas shall be determined by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) The Insurance Premium Collection Act shall govern calculation of insurance premiums, applications for insurance policies and approvals therefor, reporting on and payment of insurance premiums, termination of insurance relationship for persons dispatched overseas subject to this Act under paragraph (1), and other necessary matters.
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 Article 123 (Special Cases concerning On-the-Job Trainees)   print
(1) From among students or vocational trainees receiving practical training in a business subject to this Act applies (hereinafter referred to as "on-the-job trainees"), on-the-job trainees determined by the Minister of Employment and Labor shall be deemed workers employed for the business concerned for the purposes of this Act, notwithstanding subparagraph 2 of Article 5.<Amended by Act No. 10339, Jun. 4, 2010>
(2) Any accident suffered by an on-the-job trainee in relation to his/her training shall be deemed an occupational accident and insurance benefits under Article 36 (1) shall be paid to him/her. <Amended by Act No. 10305, May 4, 2010>
(3) The amount of wages used as the basis for calculating insurance benefits of an on-the-job trainee shall be all the money and valuables paid to him/her, such as training allowances, but if such application is deemed inappropriate for accident compensation for the on-the-job trainee, the amount determined and published by the Minister of Employment and Labor may be used as the basis for calculating the insurance benefits. <Amended by Act No. 10339, Jun. 4, 2010>
(4) Matters necessary for the payment, etc. of insurance benefits to on-the-job trainees shall be prescribed by Presidential Decree.
(5) The Insurance Premium Collection Act shall govern matters relating to the calculation, reporting, payment, etc. of insurance premiums of on-the-job trainees.
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 Article 124 (Special Cases concerning Small and Medium Business Operators)   print
(1) Any small or medium business operator as prescribed by Presidential Decree (including persons who do not employ any worker; hereafter in this Article the same shall apply) may, after obtaining approval from the Service, purchase an insurance policy designating him/her or his/her survivors as the insured. In such cases, the business operator shall be deemed a worker for the purposes of this Act, notwithstanding subparagraph 2 of Article 5.
(2) The scope of accidents recognized as work-related that give rise to the payment of insurance benefits to small and medium business operators under paragraph (1) shall be prescribed by Presidential Decree.
(3) The average wage used as the basis for computing insurance benefits paid to small and medium business operators under paragraph (1) shall be the amount determined and published by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(4) In the event that any occupational accident under paragraph (2) occurs while insurance premiums are overdue, all or part of the insurance benefits for such occupational accident may not be paid as prescribed by Presidential Decree.
(5) Matters necessary for the payment, etc. of insurance benefits to small and medium business operators shall be determined by ordinance of the Ministry of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(6) The Insurance Premium Collection Act shall govern computation of insurance premiums, applications for insurance policies and approval therefor, reporting on and payment of insurance premiums, termination of insurance relationship for small and medium business operators subject to this Act under paragraph (1), and other necessary matters.
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 Article 125 (Special Case concerning Persons in Special Types of Employment)   print
(1) Notwithstanding Article 6, a business which receives labor services from persons who are engaged in jobs prescribed by Presidential Decree (hereafter in this Article referred to as "persons in special types of employment") among those who meet each of the following conditions and need protection from occupational accidents because they are not covered by the Labor Standards Act, etc. even though they provide labor services in a similar way to workers regardless of type of contract, shall be deemed a business or workplace subject to this Act: <Amended by Act No. 9988, Jan. 27, 2010>
1. They should routinely provide one business with labor services necessary for the operation thereof, be paid for such services, and live on such pay;
2. They should not use other persons to provide such labor services.
(2) Notwithstanding subparagraph 2 of Article 5, persons in special types of employment shall be deemed workers of the business for the purposes of this Act: Provided, That if the persons in special types of employment request exclusion from the application of this Act pursuant to paragraph (4), they shall not be deemed workers. <Amended by Act No. 9988, Jan. 27, 2010>
(3) If an employer begins or ceases to receive labor services from a person in special type of employment, the employer shall report such to the Service as prescribed by Presidential Decree.
(4) If a person in special type of employment does not want to be subject to this Act, he/she may file a request for exclusion from the application of this Act with the Service as prescribed by the Insurance Premium Collection Act: Provided, That this shall not apply to persons in special types of employment whose insurance premiums are paid wholly by their employers.
(5) If a request for exclusion from the application of this Act is filed pursuant to paragraph (4), this Act shall cease to be applied from the day following the date of the request: Provided, That if the request for exclusion from the application of this Act is filed within 70 days after the date of the first application of this Act, this Act shall not be applied retroactively to the date of the first application of this Act.
(6) If a person who is not subject to this Act pursuant to paragraphs (4) and (5) files a request with the Service in order to become subject to this Act again, this Act shall begin to apply in the following insurance year.
(7) Necessary matters concerning establishment, termination and change of insurance relationships, requests for exclusion from the application of this Act and for the reapplication of this Act, calculation, reporting and payment of insurance premiums, and collection of insurance premiums and other charges with respect to persons in special types of employment to whom this Act applies pursuant to paragraph (1) shall be governed by the Insurance Premium Collection Act.
(8) The amount of average wages used as the basis for calculating insurance benefits for persons in special types of employment shall be that published by the Minister of Employment and Labor. <Amended by Act No. 10339, Jun. 4, 2010>
(9) The criteria for recognizing occupational accidents which give rise to the payment of insurance benefits to persons in special types of employment shall be prescribed by Presidential Decree.
(10) If any occupational accident under paragraph (9) occurs while insurance premiums are overdue, all or part of the insurance benefits for such occupational accident may not be paid as prescribed by Presidential Decree.
(11) Necessary matters regarding the payment, etc. of insurance benefits to persons in special types of employment shall be prescribed by ordinance of the Ministry of Employment and Labor. <Newly Inserted by Act No. 9988, Jan. 27, 2010; Act No. 10339, Jun. 4, 2010>
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 Article 126 (Special Cases concerning Benefit Recipients under the National Basic Living Security Act)   print
(1) Among recipients of self-support benefits under Article 15 of the National Basic Living Security Act, those who are not workers prescribed in subparagraph 2 of Article 5 and engaged in projects determined and published by the Minister of Employment and Labor shall be deemed workers subject to this Act, notwithstanding subparagraph 2 of Article 5. <Amended by Act No. 10339, Jun. 4, 2010>
(2) The amount of wages used as the basis for calculating insurance premiums and insurance benefits for recipients of self-support benefits shall be the amount of self-support benefits which the recipients of self-support benefits receive as a result of participating in projects under paragraph (1).
CHAPTER VIII PENAL PROVISIONS
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 Article 127 (Penal Provisions)   print
(1) If a person who works in an industrial accident insurance-related medical institution or a pharmacy under Article 46 (1) is paid medical expenses or medicine expenses by false or other fraudulent means, he/she shall be punished by imprisonment for up to three years or by a fine not exceeding 30 million won.
(2) A person who receives insurance benefits by false or other fraudulent means shall be punished by imprisonment for up to two years or by a fine not exceeding 20 million won.
(3) A person who discloses confidential information in violation of Article 21 (3) shall be punished by imprisonment for up to two years or by a fine not exceeding ten million won. <Amended by Act No. 9988, Jan. 27, 2010>
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 Article 128 (Joint Penal Provisions)   print
If a representative of a corporation, or an agent, employee or servant of the corporation or an individual commits an offense under Article 127 (1) in relation to the business of the corporation or individual, not only shall such offender be punished accordingly, but the corporation or individual shall also be punished by a fine prescribed in the same paragraph: Provided, That this shall not apply where the corporation or individual has not been negligent of due attention and supervision regarding the business to prevent such offense.
[This Article Wholly Amended by Act No. 9338, Jan. 7, 2009]
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 Article 129 (Fines for Negligence)   print
(1) A person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding two million won: <Amended by Act No. 9988, Jan. 27, 2010>
1. A person who uses the name "Korea Workers' Compensation and Welfare Service" or any similar name thereto, in violation of Article 34;
2. A person who claims medical expenses from a person other than the Service, in violation of Article 45 (1).
(2) A person who falls under any of the following subparagraphs shall be subject to a fine for negligence not exceeding one million won:
1. A person who fails to submit a medical treatment plan referred to in Article 47 (1) without any justifiable ground;
2. A person who fails to answer questions, makes false answers, or refuses, interferes with or evades an inspection in violation of Article 105 (4) (including cases as applicable mutatis mutandis in Article 109 (1));
3. A person who fails to make a report, makes a false report, or fails to comply with an order to submit documents or things, in violation of Article 114 (1) or 118;
4. A person who refuses to answer questions asked by an employee of the Service, or refuses, interferes with or evades an investigation, in violation of Article 117 or 118;
5. A person who fails to report under Article 125 (3).
(3) Fines for negligence under paragraph (1) or (2) shall be imposed and collected by the Minister of Employment and Labor, as prescribed by Presidential Decree. <Amended by Act No. 10339, Jun. 4, 2010>
(4) through (6) Deleted. <by Act No. 9988, Jan. 27, 2010>
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2008: Provided, That the amended provisions of Article 70, and Article 14 of the Addenda, shall take effect on the date of its promulgation.
Article 2 (Special Cases concerning Increase or Decrease in Average Wage)
Notwithstanding the amended provisions of Article 36 (3), with respect to a worker who attains the age described in any of the following subparagraphs after the year 2013, the average wage shall be increased or decreased in conformity with the fluctuation rate of consumer price index:
1. From 2013 to 2017: 61 years of age;
2. From 2018 to 2022: 62 years of age;
3. From 2023 to 2027: 63 years of age;
4. From 2028 to 2032: 64 years of age;
5. From 2033: 65 years of age.
Article 3 (Applicability to Nursing Benefits)
A person who is not entitled to nursing benefits pursuant to Article 2 of the Addenda to the Industrial Accident Compensation Insurance Act (Act No. 8373), but entitled to nursing benefits under Article 61 of this Act shall be paid nursing benefits, a cause for the payment of which occurs on or after the date this Act enters into force.
Article 4 (Applicability to Collection of Received Amount Following Confirmation of Survival)
The amended provisions of Article 39 (2) shall apply to workers who are confirmed alive on or after the date this Act enters into force.
Article 5 (Applicability to Temporary Disability Compensation Benefits, etc.)
(1) The amended provisions of Articles 52 and 54 through 56 shall apply to workers who are newly placed under medical care or additional medical care on or after the date this Act enters into force.
(2) The amended provisions of Article 53 shall also apply to workers who are under medical care or additional medical care at the time this Act enters into force, but employed for a specific period or on a short-term basis.
Article 6 (Applicability to Disability Benefits)
The amended provisions of Articles 57 through 60 shall apply to workers for whom a cause for claiming disability benefits occurs after being cured on or after the date this Act enters into force.
Article 7 (Applicability to Disability Benefits Following Additional Medical Care)
The amended provisions of Article 60 (1) shall apply to the beneficiaries of disability compensation annuities who are newly placed under additional medical care on or after the date this Act enters into force.
Article 8 (Applicability to Beneficiaries of Survivors' Compensation Annuities whose Whereabouts are Unknown)
The amended provisions of Article 64 (3) shall apply to those missing on or after the date this Act enters into force.
Article 9 (Applicability to Injury-Disease Compensation Annuities)
The amended provisions of Articles 66 through 69 shall apply to those who are newly placed under medical care or additional medical care on or after the date this Act enters into force.
Article 10 (Applicability to Payment Date of Annuities)
The amended provisions of Article 70 shall apply beginning with the amount of annuities for the month whereto belongs the promulgation date of this Act.
Article 11 (Applicability to Vocational Rehabilitation Benefits)
(1) The amended provisions of Articles 73 and 74 shall apply to those who receive disability benefits after being cured on or after the date this Act enters into force.
(2) The amended provisions of Article 75 shall apply to employers who retain, or carry out vocational adaptation training or rehabilitation exercise programs for those who receive disability benefits after being cured on or after the date this Act enters into force.
Article 12 (Applicability to Collection of Unjust Gains)
(1) The amended provisions of the latter part of Article 84 (1) shall apply to those who are paid medical care benefits under this Act on or after the date this Act enters into force.
(2) The amended provisions of Article 84 (3) shall apply where industrial accident insurance-related medical institutions or pharmacies prescribed in Article 46 (1) are paid medical expenses or medicine expenses on or after the date this Act enters into force.
Article 13 (Transitional Measures concerning Officers of the Service)
The officers of the Service who are appointed pursuant to the previous provisions shall be deemed to have been appointed pursuant to this Act, and the term of office for such officers shall be reckoned from the date they were appointed pursuant to the previous provisions.
Article 14 (Transitional Measures concerning the Industrial Accident Medical Treatment Center)
(1) The Industrial Accident Medical Treatment Center (hereinafter referred to as the "Center") which, as an incorporated foundation, is a management organization established pursuant to the former Article 32 (2) at the time this Act is promulgated shall obtain permission from the Minister of Labor for the articles of association of the Workers Accident Medical Corporation, which are drawn up after the promulgation of this Act.
(2) The Center shall register establishment of the Workers Accident Medical Corporation, on July 1, 2008, with permission under paragraph (1).
(3) The Center shall, upon completion of the registration of establishment under paragraph (2), be deemed to be dissolved irrespective of the provisions of the Civil Act concerning the dissolution and liquidation of juristic persons.
(4) The Workers Accident Medical Corporation under this Act shall succeed to all rights, obligations and property of the Center on the registration date of its establishment.
(5) The officers and employees of the Center at the time the Workers Accident Medical Corporation is established shall be deemed officers and employees of the Workers Accident Medical Corporation pursuant to this Act, and the term of office for those officers shall be reckoned from the date they were appointed pursuant to the previous provisions.
Article 15 (General Transitional Measures concerning Disposition, etc.)
Acts done by or toward administrative agencies pursuant to the previous provisions at the time this Act enters into force shall be deemed acts done by or toward administrative agencies pursuant to this Act which correspond thereto.
Article 16 (Transitional Measures concerning Fines for Negligence)
The imposition of fines for negligence for acts committed before this Act enters into force shall be governed by the previous provisions.
Article 17 (Transitional Measures concerning Maximum and Minimum Standard Amounts of Compensation)
If the maximum standard amount of compensation and the minimum standard amount of compensation pursuant to the amended provisions of Article 36 (7) and (8) are less than the maximum standard amount of compensation and the minimum standard amount of compensation, respectively, published pursuant to the previous provisions of Article 35 (6) at the time this Act enters into force, the maximum standard amount of compensation and the minimum standard amount of compensation published pursuant to the previous provisions shall prevail.
Article 18 (Transitional Measures concerning Industrial Accident Insurance-Related Medical Institutions)
Medical institutions designated by the Service pursuant to the former Article 37 (2) at the time this Act enters into force shall be deemed industrial accident insurance-related medical institutions pursuant to the amended provisions of Article 43 of this Act.
Article 19 (Transitional Measures concerning Disability Benefits Following Additional Medical Care)
With respect to beneficiaries of disability compensation annuities receiving additional medical care at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 60 (1).
Article 20 (Transitional Measures concerning Temporary Disability Compensation Benefits)
With respect to those who receive medical care or additional medical care at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Articles 52 and 54 through 56.
Article 21 (Transitional Measures concerning Extinguishment of Rights to Receive Disability Compensation Annuities and Redetermination of Disability Grades)
(1) With respect to beneficiaries of disability compensation annuities who are not Korean nationals and live in foreign countries at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 58.
(2) With respect to beneficiaries of disability compensation annuities pursuant to the previous provisions at the time this Act enters into force, disability grades shall not be redetermined, notwithstanding the amended provisions of Article 59.
Article 22 (Transitional Measures concerning Injury-Disease Compensation Annuities)
With respect to those who receive medical care or additional medical care at the time this Act enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Articles 66 through 69.
Article 23 (Transitional Measures concerning Request, etc. for Examination or Reexamination)
(1) Any request for examination or reexamination filed with the Service or the Industrial Accident Compensation Insurance Examination Committee pursuant to the previous provisions before this Act enters into force shall be deemed a request for examination or reexamination filed with the Service or the Industrial Accident Compensation Insurance Reexamination Committee pursuant to this Act.
(2) Any hearing and decision or hearing and ruling on a request for examination or reexamination filed pursuant to the previous provisions before this Act enters into force shall be made in accordance with the amended provisions of Articles 105 and 109, respectively.
Article 24 (Transitional Measures concerning Reexamination Committee and Members Thereof)
(1) The Industrial Accident Compensation Insurance Examination Committee pursuant to the previous provisions at the time this Act enters into force shall be deemed the Industrial Accident Compensation Insurance Reexamination Committee under this Act.
(2) The members of the Industrial Accident Compensation Insurance Examination Committee appointed pursuant to the previous provisions at the time this Act enters into force shall be deemed members of the Industrial Accident Compensation Insurance Reexamination Committee appointed under this Act, and the term of office for such members shall be reckoned from the date they were appointed pursuant to the previous provisions.
Article 25 Omitted.
Article 26 (Relationship with other Acts and Subordinate Statutes)
(1) Where the former Industrial Accident Compensation Insurance Act or the provisions thereof are cited in other Acts and subordinate statutes at the time this Act enters into force, this Act or the corresponding provisions in this Act shall be deemed cited in lieu of the former provisions if provisions corresponding thereto exist in this Act.
(2) Where the former Industrial Accident Medical Treatment Center, which is an incorporated foundation, is cited in other Acts and subordinate statutes at the time this Act enters into force, the Korea Workers Accident Medical Corporation referred to in Article 33 shall be deemed cited in lieu thereof.
ADDENDA<Act No. 8835, Dec. 31, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2008, and Article 6 of the Addenda on July 1, 2008.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 8863, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 9319, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 9338, Jan. 7, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 9794, Oct. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA<Act No. 9988, Jan. 27, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 11, 16 (1), 32, 33, 34, 35, 43, 72 (1) 1, 75 and 96 (1) 3, and Articles 5 and 6 of the Addenda, shall take effect three months after the date of its promulgation, and the amended provisions of Articles 85 and 96 (1) 7 on January 1, 2011.
Article 2 (Applicability to Restrictions on Designation of Medical Institutions)
The amended provisions of Article 43 (4) shall apply to medical institutions, the designation of which is cancelled on or after the date the said provisions take effect.
Article 3 (Applicability to Return-to-Work Subsidies, etc.)
The amended provisions of Article 75 shall apply to return-to-work subsidies, etc. for which applications are filed on or after the date the said provisions take effect.
Article 4 (Transitional Measures concerning the Korea Workers Accident Medical Corporation)
(1) The Korea Workers Accident Medical Corporation shall be dissolved three months after the date of promulgation of this Act.
(2) At the time of dissolution under paragraph (1), any property, rights and obligations of the Korea Workers Accident Medical Corporation shall be subject to universal succession by the Service, and the name of the Korea Workers Accident Medical Corporation on the registry and other public account books pertaining to the property, rights and obligations shall be deemed the name of the Service.
(3) The value of property subject to universal succession by the Service under paragraph (1) shall be the book value thereof as at the day before the Korea Workers Accident Medical Corporation is dissolved pursuant to paragraph (1).
(4) Employment relationships of employees of the Korea Workers Accident Medical Corporation shall be subject to universal succession by the Service, and its officers shall be deemed to be retired from office ipso facto on the date it is dissolved.
(5) Contributions by the Government to the Korea Workers Accident Medical Corporation at the time of dissolution thereof shall be deemed made to the Service on the date the Korea Workers Accident Medical Corporation is dissolved.
Article 5 Omitted.
Article 6 (Relationship with other Acts and Subordinate Statutes)
Where the former Korea Workers Accident Medical Corporation is cited in other Acts and subordinate statutes at the time this Act enters into force, the Service shall be deemed cited in lieu thereof.
ADDENDA<Act No. 10305, May 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 16 (3), 40 (6), 43 (1) 2 and 48 (1) 3 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Payment of Pneumoconiosis Compensation Annuities due to Pneumoconiosis)
(1) The amended provisions of Article 36 (1), (2) and 91-3 shall also apply to a person who has received disability compensation annuities due to pneumoconiosis in accordance with the former provisions, but where the amount of the disability compensation annuities calculated pursuant to the former provisions is larger than that of the pneumoconiosis compensation annuities calculated pursuant to the amended provisions, the disability compensation annuities under the former provisions shall be continuously paid.
(2) The amended provisions of Article 36 (1), (2) and 91-3 shall also apply to a person (referring to cases where the grade is different comparing with the previous disability grade; hereafter the same shall apply in this Article), the pneumoconiosis grade of which is changed after this Decree enters into force, among persons (including persons to which any cause for payment occurs before this Act enters into force) who has received disability compensation annuities due to pneumoconiosis in accordance with the former provisions, but where the amount of the disability compensation annuities calculated pursuant to the former provisions is larger than that of the pneumoconiosis compensation annuities calculated pursuant to the amended provisions, the disability compensation annuities under the former provisions shall be continuously paid.
(3) The amended provisions of Article 36 (1), (2), and 91-3 shall also apply to a person (including persons to which any cause for payment occurs before this Act enters into force) who has received lump-sum disability compensation due to pneumoconiosis in accordance with the former provisions, but only the amount of the basic annuity among the amount of pneumoconiosis compensation annuities under the same amended provisions shall be paid.
(4) The amended provisions of Article 36 (1), (2) and 91-3 shall also apply to a person, the pneumoconiosis grade of which is changed after this Decree enters into force, among persons (including persons to which any cause for payment occurs before this Act enters into force) who has received a lump-sum disability compensation due to pneumoconiosis in accordance with the former provisions, the amount of pneumoconiosis disability annuity shall be paid based on the number of days left after deducting the number of days for the pneumoconiosis disability annuities falling under the previous disability grade from the number of days for the pneumoconiosis disability annuities under the pneumoconiosis grade changed in accordance with the same amended provisions.
Article 3 (Transitional Measures concerning Payment of Temporary Disability Compensation Benefits due to Pneumoconiosis)
With respect to the payment of temporary disability compensation benefits and injury-disease compensation annuities to a person (including persons to which any cause for payment occurs before this Act enters into force) who receives medical care or additional medical care due to pneumoconiosis at the time this Act enters into force, Articles 52 through 56 and 66 through 69 shall apply until the medical care or additional medical care is terminated, notwithstanding the amended provisions of Article 36 (1), (2) and 91-3.
Article 4 (Transitional Measures concerning Payment of Survivors' Benefits due to Pneumoconiosis)
(1) Where a person (including persons to which any cause for payment occurs before this Act enters into force) who has received medical care or additional medical care due to pneumoconiosis at the time this Act enters into force dies of pneumoconiosis while continuously receiving the medical care or additional medical care after this Act enters into force, Article 52 through 65 shall apply to the payment of survivors' compensation annuities or lump-sum survivors' compensation for the person, notwithstanding the amended provisions of Article 36 (1), (2), and 91-4.
(2) With respect to the persons (including persons to which any cause for payment occurs before this Act enters into force) who have received survivors' compensation annuities due to pneumoconiosis at the time this Act enters into force, Articles 62 through 64 shall apply, notwithstanding the amended provisions of Article 36 (1), (2) and 91-4.
Article 5 (Transitional Measures concerning Increase and Decrease in Average Wage)
Notwithstanding the amended provisions of Article 36 (3), the former provisions shall apply with respect to the increase and decrease in average wages of the persons (including persons to which any cause for payment occurs before this Act enters into force) who have received temporary disability compensation benefits, disability compensation annuities, injury-disease compensation annuities or survivors' compensation annuities.
Article 6 Omitted.
ADDENDA<Act No. 10339, Jun. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation: Provided, That Article 4 (50) of the Addenda shall enter into force... <Omitted.> ... from December 21, 2010.
Article 2 through 5 Omitted.