INDUSTRIAL ACCIDENT COMPENSATION INSURANCE ACT [See entire ACT]
CHAPTER Ⅶ Supplementary Provisions
- Article 112 (Prescription)
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(1) If a right described in any of the following subparagraphs is not exercised for three years, it shall become extinctive by prescription: Provided, That entitlement to disability benefits, survivors’ benefits, funeral expenses, pneumoconiosis compensation annuity, or pneumoconiosis survivors’ annuity among the insurance benefits under subparagraph 1 shall be extinguished by completion of prescription unless it is exercised for five years:
1. Entitlement to insurance benefits under Article 36 (1);
2. Right of an industrial accident insurance-related medical institution referred to in Article 45;
3. Right of a pharmacy referred to in Article 46;
4. Right of a policyholder referred to in Article 89;
5. Right of the National Health Insurance Corporation, etc. referred to in Article 90 (1).
(2) Except as provided in this Act, extinctive prescription under paragraph (1) shall be subject to the Civil Act.
- Article 113 (Interruption of Prescription)
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Extinctive prescription under Article 112 shall be interrupted by a request filed under Article 36 (2). In such cases, where the request is the first request 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).
- Article 114 (Report, etc.)
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(1) If deemed necessary, the Service may ask, as prescribed by Presidential Decree, the owner of a business subject to this Act or employees engaged in such business and an agency handling insurance business 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.
(2) Any person entitled to a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity shall report to the Service such matters prescribed by Presidential Decree as necessary for the payment of the insurance benefits.
(3) A beneficiary or former beneficiary shall report to the Service such matters prescribed by Presidential Decree as related to any change in entitlement to insurance benefits.
(4) If a beneficiary dies, a person who is responsible for reporting under Article 85 of the Act on the Registration, etc. of Family Relationships shall report such death to the Service within one month.
Enforcement Ordinance
- Article 114 (Reporting on Changes, etc. in Right to Receive Insurance Benefits)
(1) Cases where the Service may request submission of a report or document under Article 114 (1) of the Act are as follows:
1. Where it is necessary to verify insurance relationships, such as the establishment, change or termination thereof;
2. Where it is necessary to verify matters related to the calculation of insurance premiums and insurance benefits, such as the number of employees, the total remuneration, and the types of business;
3. Where it is necessary to ascertain whether an insurance business agency pursuant to Article 33 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance manages insurance business unlawfully or unduly or neglects to manage such business;
4. Where it is necessary to verify factual relations concerning collection expenses and other subsidies pursuant to Article 37 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance.
(2) "Matters prescribed by Presidential Decree" in Article 114 (2) of the Act refers to any of the following:
1. Where an eligible beneficiary of insurance benefits has received money or valuables equivalent to such insurance benefits under the Civil Act or other statutes on the same ground as insurance benefits are paid under this Act, details of such money or valuables;
2. Where an eligible beneficiary of insurance benefits has been paid damages equivalent to the amount of such insurance benefits from a third party on the same ground as insurance benefits are paid under this Act, details of such damages;
3. Where a person entitled to a survivors' compensation annuity has changed, details of such change;
4. Where any change has been made to the name, resident registration number, address, etc. of an eligible beneficiary of insurance benefits, details of such change.
(3) "Matters prescribed by Presidential Decree" in Article 114 (3) of the Act refers to any of the following:
1. Where a ground for the termination of entitlement to a disability compensation annuity or pneumoconiosis compensation annuity occurs, details of such ground;
2. Where a ground to change entitlement to a survivors' compensation annuity or pneumoconiosis survivors' annuity arises, details of such ground.
- Article 115 (Report of Departure of Persons Entitled to Annuity, etc.)
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(1) If a person entitled to disability compensation annuities, a person entitled to survivors compensation annuities, a person entitled to pneumoconiosis compensation annuities, a person entitled to pneumoconiosis survivors annuities (hereinafter referred to as the “person entitled to disability compensation annuity, etc.”) or a person qualified to receive survivors compensation annuities, a person qualified to receive pneumoconiosis survivors annuities, who is a Korean national, departs from Korea to live in a foreign country, the person entitled to disability compensation annuities, etc., shall report this to the Corporation.
(2) If a person entitled to disability compensation annuity, etc, or a person qualified to receive survivors compensation annuities or pneumoconiosis survivors annuities receives a disability compensation annuity or survivors compensation annuity or pneumoconiosis compensation annuity, pneumoconiosis survivors annuities while living in a foreign country, the person entitled to disability compensation annuities, etc. shall report to the Corporation such matters as prescribed by the Presidential Decree concerning the entitlement and qualification once or more every year under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor.
<Title of this Article Amended by Act No. 10305, May. 20, 2010>
Enforcement Ordinance
- Article 115 (Report of Entitlement of Overseas Residents)
"Matters prescribed by Presidential Decree" in Article 115 (2) of the Act refers to the following matters. In such cases, subparagraphs 3 through 5 shall apply only to those entitled to survivors' compensation annuities or pneumoconiosis survivors' annuities:
1. Matters concerning survival status;
2. Matters concerning changes in nationality;
3. Matters concerning marital status (including de-facto marriage);
4. Matters concerning changes in relationships with relatives;
5. Matters concerning the condition of disabilities (limited to cases where a person entitled to a survivors' compensation annuity or pneumoconiosis survivors' annuity is a person with disability falling under a disability level specified by Ordinance of the Ministry of Employment and Labor or any higher disability grade, among disabled persons defined in Article 63 (1) 4 of the Act).
- Article 116 (Business Owner’s Assistance)
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(1) If it is difficult for a person entitled to insurance benefits to proceed with the procedure for filing a claim, etc. for the insurance benefits, due to any accident, the relevant business owner shall assist him or her therein.
(2) If a person entitled to insurance benefits demands certification necessary for receiving them, the relevant business owner shall provide such certification.
(3) If it is impossible to provide certification referred to in paragraph (2) because the whereabouts of the business owner is unknown or other unavoidable reasons exist, such certification may be omitted.
- Article 117 (Investigation of Workplace, etc.)
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(1) If it is deemed necessary for making a decision on insurance benefits or making a review, decision, etc., on a request for examination, the Corporation may have its own employee enter the office or place of a business, to which this Act applies, and the office of an insurance work service agency, ask related persons questions or investigate related documents.
(2) In the case of paragraph (1), the employee of the Corporation shall carry a certificate proving his/her authority and show it to related persons.
- Article 118 (Investigation, etc. of Industrial Accident Insurance-related Medical Institution)
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(1) If it is deemed necessary in relation to insurance benefits, the Corporation may demand the industrial accident insurance-related medical institution (including doctors；hereinafter in this Act the same shall apply) which has given medical treatment to a worker who receives insurance benefits to make a report on the results of the medical treatment or submit related documents or things, or may have its employees ask related persons questions or investigate related documents or things, under the conditions prescribed by the Presidential Decree.
(2) The provisions of Article 117 (2) shall apply mutatis mutandis with respect to the investigation referred to in paragraph (1).
Enforcement Ordinance
- Article 116 (Demand for Report and Presentation)
The demand for a report or the presentation of related documents as prescribed in Articles 114 and 118 of the Act shall be made in writing.
- Article 119 (Demand for Medical Examination)
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If deemed necessary for any insurance benefits, the Service may demand that any person who receives or intends to receive the insurance benefits undergo medical examination at an industrial accident insurance-related medical institution, as prescribed by Presidential Decree.
Enforcement Ordinance
- Article 117 (Object, etc. of Demand for Medical Examination)
(1) The Corporation may demand the following medical examinations under Article 119 of the Act：
1. Medical examination to judge the necessity of continuous medical care for workers receiving medical care due to a work-related accident；
2. Medical examination to determine disability grades or invalidity grades；
3. Medical examination to judge whether or not a disease is related to work；and
4. Medical examination to judge whether or not additional medical care is needed
(2) Expenses for the medical examination as referred to in paragraph (1) shall be paid in the amount of the actual expenses needed for it.
(3) Among the expenses for medical examinations paid pursuant to paragraph (2), those for the medical examination referred to in paragraph (1) 3 may include medical treatment expenses if a person with symptoms presumed to be caused by a work-related accident receives medical treatment as his/her condition is critical or according to a medical opinion that without immediate medical treatment, his/her condition would deteriorate rapidly, causing an impediment to medical examinations and future treatment.
(4) The demand for a medical examination referred to in Article 119 of the Act shall be made in writing.
Enforcement Ordinance
- Article 118 (Medical Institutions for Special Examination)
(1) Medical examination under Article 119 of the Act (hereafter in this Article referred to as "medical examination") shall be administered by an industrial accident insurance-related medical institution falling under any of the following subparagraphs (hereinafter referred to as "medical institution for special examination"):
1. A medical institution established under the Service under Article 43 (1) 1 of the Act;
2. A tertiary care hospital under Article 43 (1) 2 of the Act;
3. A general hospital under Article 3 (3) of the Medical Service Act among industrial accident insurance-related medical institutions which do not fall under any of subparagraphs 1 and 2.
(2) When requesting a person to receive a medical examination, the Service may present two medical institutions for special examination deemed appropriate to accomplish the purpose of the medical examination, in consideration of the purpose of a request for a medical examination, residence of a person who is to receive the medical examination, the state of the person's injury, disease or disability, etc., and let the person who is to receive the medical examination choose one of them.
(3) The Service may determine and operate a separate medical institution for a special examination in charge of a medical examination under Article 117 (1) 2.
(4) If the results of a medical examination by a medical institution for a special examination is different from opinions from a doctor in charge and advisory doctor, the Service may make a ruling or determination after a second medical examination: Provided, That if, after the second medical examination, it is difficult to make a ruling or determination in accordance with the purpose of a request for a medical examination which falls under any subparagraph of Article 117 (1), the ruling or determination may be made after deliberation by the panel of advisory doctors.
(5) Where a person is found to have an occupational disease as a result of a medical examination under Article 117 (1) 3, the medical institution for special examination may provide consultation, information and other necessary support regarding application for medical care benefits under Article 41 of the Act for employees exposed to identical or similar hazards at the same place as the said person.
- Article 119-2 (Payment of Reward Money)
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The Corporation may award a payment under the conditions prescribed by Ordinance of the Ministry of Employment and Labor within its own budget to a person for reporting those who have inappropriately received insurance benefits, medical examination expenses, or pharmacy expenses compensations, in accordance with Article 84 (1) and (3).
<This Article Newly Inserted by Act No. 10305, May 20, 2010>
- Article 120 (Temporary Suspension of Insurance Benefits)
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(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:
1. Where an employee in the course of medical care fails, without good cause, 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 or her disability grade or pneumoconiosis grade pursuant to Article 59;
3. Where a person fails to make a report or submit documents or to report 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 referred to in paragraph (1) and the period and procedures of the temporary suspension shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 119 (Temporary Suspension of Insurance Benefits)
(1) Before temporarily suspending the payment of insurance benefits pursuant to Article 120 (1) of the Act, the Corporation shall urge in writing the person who intends to receive the insurance benefits to fulfill his/her obligations within a set period.
(2) The insurance benefits that may be suspended temporarily under Article 120 of the Act shall be all the insurance benefits which are to be paid to the person who intends to receive them, but the payment of which is difficult to decide or has been impeded due to his/her failure to fulfill the obligations referred to in paragraph (1), and in the case of Article 120 (1) 1 of the Act, they shall be wage replacement benefits or injury-disease compensation annuities or pneumoconiosis compensation annuities.
(3) The period during which the payment of insurance benefits may be temporarily suspended shall be from the day following the date the Corporation sets for the fulfillment of obligations under paragraph (1) to the day before the obligations are completely fulfilled.
Enforcement Ordinance
- Article 120 (Designation of Financial Institution)
A person who intends to receive insurance benefits under the Act or this Decree shall open an account with a financial institution designated by the Corporation.
- Article 121 (Special Case for Overseas Business)
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(1) In order to compensate a worker for an accident occurring during a period of his/her overseas stay for work, a person (hereinafter referred to as the “insurance company”) designated by the Minister of Employment and Labor after consultation with the Financial Services Commission may be permitted to carry out the insurance activities under this Act on his/her own account in the case of business run in a country or an area prescribed by a social security-related treaty or convention (hereinafter referred to as the “social security-related treaty”) to which Korea is a party
(2) The insurance company referred to in paragraph (1) shall carry out insurance activities in accordance with the business method prescribed by the Insurance Business Act. In this case, the insurance benefits paid by the insurance company shall not be unfavorable for workers compared with the insurance benefits prescribed by this Act.
(3) An insurance company carrying out insurance activities pursuant to paragraph (1) shall fulfill in good faith all the responsibilities the Government should bear under this Act and a social security-related treaty for workers.
(4) The provisions of Article 2, Article 3 (1), the proviso of Article 6, Article 8 and Article 82 (1) and the provisions of Chapters V and VI shall not apply to the overseas business as referred to in paragraph (1) and insurance activities aimed at such business.
(5) In carrying out insurance activities pursuant to paragraph (1), an insurance company may exercise the authority of the Corporation as prescribed by this Act.
- Article 122 (Special Case for Persons Dispatched Overseas)
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(1) If any policyholder referred to in 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 to work in a business run by the said policyholder in a territory (excluding any territory 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 an employee employed for a business (where at least two businesses exist, this refers to the main business) within the territory of the Republic of Korea and thus be subject to this Act.
(2) The amount of wages, used as the basis for calculating insurance benefits of a person dispatched overseas shall be the amount determined and publicly notified by the Minister of Employment and Labor taking account of the amount of wages for employees employed in the same type of work in the relevant business and other conditions.
(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.
(4) The Insurance Premium Collection Act shall apply to calculation of insurance premiums, applications and approvals for insurance policies, reporting and payment of insurance premiums, termination of insurance relationship, and other necessary matters for persons dispatched overseas subject to this Act under paragraph (1).
- Article 123 (Special Case for On-the-Job Trainees)
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(1) Among students and vocational trainees (hereinafter referred to as “on-the-job trainees”) taking on-the-job training in a business subject to this Act, the on-the-job trainees determined by the Minister of Employment and Labor shall be regarded as workers employed in the business in applying this Act notwithstanding the provisions of subparagraph 2 of Article 5.
(2) An accident which happens to an on-the-job trainee in relation to training shall be regarded as a work-related accident, and the insurance benefits prescribed in any of the subparagraphs of Article 36 (1) shall be paid.
(3) The amount of wage used as the basis for calculating insurance benefits for on-the-job trainees shall be all the money and goods paid to the on-the-job trainees, such as training allowances, but if such application is deemed inappropriate for accident compensation for the on-the-job trainees, the amount may be the one determined and announced by the Minister of Employment and Labor.
(4) Necessary matters concerning the payment, etc., of insurance benefits with respect to on-the-job trainees shall be prescribed by the Presidential Decree.
(5) Matters concerning the calculation, report and payment of insurance premiums with regard to on-the-job trainees shall be governed by the Insurance Premium Collection Act.
Enforcement Ordinance
- Article 121 (Payment, etc. of Insurance Benefits for On-The-Job Trainees)
Articles 21 through 85, 96 through 98, 101 through 105, and 113 through 120 shall apply mutatis mutandis with regard to the payment, etc. of insurance benefits for on-the-job trainees as prescribed in Article 123 of the Act.
- Article 124 (Special Cases concerning Small and Medium Business Owners)
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(1) Any small or medium business owner as prescribed by Presidential Decree (including persons who do not employ any employee; hereafter in this Article the same shall apply) may, after obtaining approval from the Service, purchase an insurance policy designating him or her or his or her survivors as the insured.
(2) Spouses of small and medium business owners referred to in paragraph (1) (including persons in a de facto marital relationship; hereafter in this Article, the same shall apply) or relatives of such owners within the fourth degree of relationship who meet the requirements prescribed by Presidential Decree and provide their labor for the relevant business may purchase an insurance policy, after obtaining approval from the Service.
(3) Small and medium business owners under paragraph (1), and their spouses or relatives within the fourth degree of relationship under paragraph (2) (hereafter in this Article referred to as "small and medium business owners, etc.") shall be deemed employees in applying this Act, notwithstanding subparagraph 2 of Article 5.
(4) The scope of occupational accidents that give rise to the payment of insurance benefits to small and medium business owners, etc. shall be prescribed by Presidential Decree.
(5) The average wage used as the basis for calculating insurance benefits paid to small and medium business owners, etc. shall be the amount determined and publicly notified by the Minister of Employment and Labor.
(6) If any occupational accident referred to in paragraph (4) 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.
(7) Matters necessary for the payment, etc. of insurance benefits to small and medium business owners, etc. shall be determined by Ordinance of the Ministry of Employment and Labor.
(8) The Insurance Premium Collection Act shall be applied to calculation of insurance premiums, applications and approval for insurance policies, reporting and payment of insurance premiums, termination of insurance relationship, and other necessary matters for small and medium business owners, etc. subject to this Act.
[Title Amended on Dec. 8, 2020]
Enforcement Ordinance
- Article 122 (Scope of Employers of Small and Medium Enterprises)
(1) The “employers (including those who do not employ any worker；hereinafter in this Article, the same shall apply.) of small and medium enterprises prescribed by the Presidential Decree” in Article 124 (1) of the Act refer to those falling under any of the following subparagraphs：
1. An employer who has joined the insurance and employs less than 50 workers；or
2. A person who falls under any of the following items and does not employ any worker. Provided that a person who falls under “persons in special types of employment” pursuant to Article 125 (1) of the Act, subparagraph 2, 5, 6, 9 of Article 125 of this Decree shall be excluded；
A. A person engaged in passenger transport service under the Passenger Transport Service Act；
B. A person engaged in cargo transport service under the Trucking Transport Service Act；and
C. A person engaged in construction machinery business under the Construction Machinery Management Act：
D. A person who is a delivery man according to detailed classification of the standard classification of jobs (hereinafter referred to as “the Korean Standard Job Classification”) which is announced by the Administrator of the National Statistical Office pursuant to Article 22 of the Statistics Act, and to whom any of the following subparagraphs apply：
1) A person who conducts delivery work commissioned by a quick service provider (referring to an employer of a business which only performs delivery work without collection of cargo or transportation, hereinafter the same shall apply)；
2) A quick-service provider.
E. A person who is an artist pursuant to Article 2 of Welfare of the Artist Act, and performs activities under contracts which were concluded for the purpose of getting paid for the contribution of arts activities.
F. A designated driver (meaning a business operator providing paid driving service to a destination at the request of a motor vehicle user: hereinafter the same shall apply) or a person engaging in a designated driving service entrusted by a designated driver.
G. A person who engages in manufacturing as prescribed by the Korean Standard Industrial Classification.
1) A person engaging in any of the following types of business as determined by the middle category of the Korean Standard Industrial Classification:
2) manufacturing of primary metal;
3) manufacturing of processed metal products; manufacturing of electronic components, computers, images, sound and communication equipment;
4) manufacturing of medical, precision, or optical instruments and watches;
5) manufacturing of electric equipment;
6) manufacturing of other machines and equipment;
7) manufacturing of jewelry and accessories;
H. or motor vehicle maintenance as prescribed by Article 2 paragraph (8) of the Motor Vehicle Management Act.
I. A person engaging in wholesale or product brokerage as determined by the middle category of the Korean Standard Industrial Classification;
J. A person engaging in retail as determined by the middle category of the Korean Standard Industrial Classification;
K. A person engaging in restaurant services as determined by the middle category of the Korean Standard Industrial Classification;
L. A person engaging in other personal services as determined by the middle category of the Korean Standard Industrial Classification.
(2) If the employer of a small and medium enterprise who has joined the insurance pursuant to paragraph (1) 1 has come to employ 50 workers or more, he/she shall be considered to employ less than 50 workers if he/she is willing to retain the insurance relationship.
(3) If the employer of a small and medium enterprise who has joined the insurance pursuant to paragraphs (1) and (2) has come to employ less than 50 workers, he/she shall be considered to join the insurance pursuant to paragraph (1) 1.
Enforcement Ordinance
- Article 123 (Standards for Recognition of Occupational Accidents for Small and Medium Business Owner)
Articles 27, 28, 30 through 35, and 36 shall apply mutatis mutandis with regard to the scope of accidents recognized as occupational for small and medium business owners pursuant to Article 124 (2) of the Act. In such cases, "employee" or "pneumoconiosis employee" shall be construed as "small or medium business owner", and "performing duties in accordance with his/her employment contract" in Article 27 shall be construed as "performing duties needed for the relevant business."
Enforcement Ordinance
- Article 124 (Restrictions on Payment of Insurance Benefits to Employers of Small and Medium Enterprises)
The insurance benefits prescribed in Article 36 (1) of the Act shall not be paid for work-related accidents that occur while the employer of a small and medium enterprise has his/her insurance premiums in arrears as prescribed in Article 124 (4) of the Act.
- Article 125 (Special Case concerning Persons in Special Types of Employment)
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(1) Notwithstanding Article 6, the business which receives labor service, from persons who engage in jobs prescribed by Presidential Decree, among the persons who are not subject to the Labor Standards Act, etc., even though they offer labor service similar to that of employees regardless of the type of contract, and therefore need protection from occupational accidents, and who also meet all the following requirements (hereafter in this Article referred to as "persons in special types of employment"), shall be deemed business subject to this Act:
1. They mainly provide one line of business with labor service necessary for the operation thereof on a routine basis, and receive payment for such service and live on such pay;
2. They do not use other persons to provide such labor service.
(2) Notwithstanding subparagraph 2 of Article 5, persons in special types of employment shall be deemed employees of the business concerned in applying this Act: Provided, That where the persons in special types of employment request exclusion from the application of this Act pursuant to paragraph (4), they shall not be deemed such employees.
(3) Where a business owner begins or ceases to receive labor service from a person in special type of employment, the business owner shall report such to the Service as prescribed by Presidential Decree.
(4) If a person in special types of employment falls under any of the following grounds (hereinafter referred to as "grounds for exclusion from application"), the person in special types of employment or the relevant business owner may file a request for exclusion from application of this Act with the NHIS, as prescribed by the Insurance Premium Collection Act:
1. Where a person in special types of employment suspends his or her business for at least one month due to injury, disease, pregnancy, childbirth, or child care;
2. Where a worker in special types of employment suspends his or her business for one month or more for reasons attributable to the employer;
3. Other cases specified by Presidential Decree as equivalent to those referred to in subparagraph 1 or 2.
(5) If a person in special types of employment or a business owner has applied for exclusion from the application of this Act and the Corporation approves such exclusion pursuant to paragraph (4), this Act shall not apply from the date following the date of the application."
(6) Where a person to whom this Act is not applicable pursuant to paragraphs (4) and (5) ceases to be subject to grounds for exclusion from application, this Act shall apply from the date the relevant grounds cease to exist. In such cases, the persons in special types of employment or the employer shall notify the Corporation of the disappearance of the grounds for exclusion from application as prescribed by the Insurance Premium Collection Act.
(7) The Insurance Premium Collection Act shall be applied to necessary matters, for the establishment, termination and change of insurance relationships, requests for exclusion from the application of this Act and notification of the disappearance of the grounds for such exclusion, the calculation, reporting and payment of insurance premiums, and the collection of insurance premiums and other charges, with respect to persons in special types of employment subject to this Act pursuant to paragraph (1).
(8) The amount of average wages, used as the basis for calculating insurance benefits for persons in special types of employment, shall be the amount publicly notified by the Minister of Employment and Labor.
(9) The criteria for recognizing occupational accidents that give rise to the payment of insurance benefits to persons in special types of employment, shall be prescribed by Presidential Decree.
(10) Where any occupational accident referred to in 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) Matters necessary for 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.
Enforcement Ordinance
- Article 125 (Scope, etc. of Persons in Special Types of Employment)
"Persons who are engaged in jobs prescribed by Presidential Decree" in Article 125 (1) of the Act, means any of the following:
1. Any of the following persons engaged in soliciting insurance policies:
(a) Insurance solicitors referred to in Article 83 (1) 1 of the Insurance Business Act;
(b) Deleted;
(c) Deleted;
(d) Persons engaged in soliciting postal insurance policies under the Postal Savings and Insurance Act, as their full-time job;
2. Operators of construction machinery registered under Article 3 (1) of the Construction Machinery Management Act;
3. Learning-aid tutors sub-categorized under a subcategory of the Korean Standard Classification of Occupations;
4. Golf caddies who assist with golf games at a golf course, installed as a workplace sports facilities pursuant to Article 7 of the Installation and Utilization of Sports Facilities Act, or registered as a sports facility business pursuant to Article 19 of the same Act;
5. Door-to-door couriers sub-categorized under the Korean Standard Classification of Occupations and engaged in collection or delivery affairs in courier services (referring to services delivering parcels after collecting and transporting them);
6. Door-to-door couriers sub-categorized under the Korean Standard Classification of Occupations and engaged in delivery affairs entrusted from mainly one quick service provider according to the standards prescribed by the Minister of Employment and Labor;
7. Loan solicitors provided in the proviso to Article 3 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users;
8. Solicitors of credit card holders provided in Article 14-2 (1) 2 of the Specialized Credit Finance Business Act;
9. Persons engaging in a designated driving service entrusted by mostly one designated driver in accordance with criteria set by the Minister of Employment and Labor.
Enforcement Ordinance
- Article 126 (Report etc. of Provision of Labor Service by Persons in Special Types of Employment)
(1) If an employer begins or ceases to receive labor service from a person in special types of employment for the first time as prescribed in Article 125 (3) of the Act, he/she shall report the following matters to the Corporation not later than the 15th of the month following the month in which the reason has occurred：
1. Name, resident registration numbers and address of the person in special types of employment；
2. Date on which the employer begins to receive labor service from the person in special types of employment and details of the work the person in special types of employment engages in；and
3. Date on which the employer ceases to receive labor service from the person in special types of employment and the reason
(2) Upon receiving the report referred to in paragraph (1), the Corporation shall inform the person in special types of employment of the content.
Enforcement Ordinance
Enforcement Ordinance
- Article 127 (Standards for Recognition of Occupational Accidents for Persons in Special Types of Employment)
@Articles 27 through 36 shall apply mutatis mutandis with regard to the standards for the recognition of occupational accidents for persons in special types of employment. In such cases, "employee" shall be construed as "person in special type of employment."
Enforcement Ordinance
- Article 127-2 (Management of Sensitive Information and Unique Identifying Information)
The Minister of Employment and Labor or the Corporation (including persons to whom the duty of the Corporation is entrusted pursuant to Article 19) may manage information on health under Article 23 of the Personal Information Protection Act, criminal records under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and data containing resident registration numbers or foreigner registration numbers under subparagraph 1 or 4 of Article 19 of the same Decree if it is unavoidable in order to perform the following duties：
1. Requests for provision of materials under Article 31 of the Act；
2. Matters concerning payment of insurance benefits under Article 36 of the Act；
3. Matters concerning the collection of insurance benefits under Article 39 (2) of the Act；
4. Matters concerning prevention and control of complications, etc. under Article 77 of the Act；
5. Matters concerning payment of special disability benefits under Article 78 of the Act；
6. Matters concerning payment of special survivors benefits under Article 79 of the Act；
7. Matters concerning collection of undue gains under Article 84 of the Act；
8. Matters concerning claim for damages against a third person under Article 87 of the Act；
9. Matters concerning Labor Welfare Projects, such as establishment and operation of insurance facilities, scholarship projects, etc., under Article 92 of the Act；
10. Matters concerning requests for examination under Article 103 of the Act；
11. Matters concerning requests for re-examination under Article 106 of the Act；
12. Matters concerning payment of reward money under Article 119-2 of the Act.
<This Article Newly Inserted by Presidential Decree No. 23468, Dec. 30, 2011>
Enforcement Ordinance
- Article 127-3 (Re-examination of Restrictions)
The Minister of Employment and Labor shall review the validity of criteria for recognition of work-related diseases pursuant to Article 34 and Table 3 and take measures including improvement, etc. (referring to the date before Jan. 1 of every three years) from Jan. 1, 2017.
<This Article Newly Inserted by Presidential Decree No. 25050, Dec. 30, 2013>
- Article 126 (Special Cases concerning Benefit Recipients under the National Basic Living Security Act)
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(1) Among recipients of self-support benefits prescribed in Article 15 of the National Basic Living Security Act, other than employees prescribed in subparagraph 2 of Article 5, the persons who engage in projects determined and publicly notified by the Minister of Employment and Labor, shall be deemed employees subject to this Act, notwithstanding subparagraph 2 of Article 5.
(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).
- Article 126-2 (Legal Fiction as Civil Servants in Application of Penal Provisions)
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Members of the Reexamination Committee who are not civil servants shall be considered civil servants in applying Article 129 through 132 of the Criminal Act.
