INDUSTRIAL ACCIDENT COMPENSATION INSURANCE ACT [See entire ACT]

Addenda <Act No. 10305, May 20, 2010>

Article 1 (Enforcement Date)

This Act shall enter into force 6 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 promulgation.

Article 2 (Application Example Concerning Payment of the Pneumoconiosis Compensation Annuity)

(1) The amended provisions of Article 36 (1) and (2), and Article 91-3 shall also apply to those who have been receiving pneumoconiosis-based disability compensation annuities under the conditions prescribed by the previous provisions (including persons whose reason for receipt of such annuities occurred before the enforcement of this Act). In this case, if the disability compensation annuity amount computed under the previous provisions exceeds the entitled amount under the amended provision, the old disability compensation annuity shall continue to be paid as prescribed under the previous provisions.
(2) The amended provisions of Article 36 (1) and (2), and Article 91-3 shall also apply to persons whose pneumoconiosis disability grade changes (referring to cases where the assigned grade differs from the previous disability grade, and hereinafter the same shall apply to this Article) after the enforcement of this Act from among those who have been receiving pneumoconiosis-based disability compensation annuities under the conditions prescribed by the previous provisions (including persons whose reason for receipt of such annuities occurred before the enforcement of this Act). In this case, if the disability compensation annuity amount computed under the previous provisions exceeds the amount under the amended provision, the old disability compensation annuity as prescribed under the previous provisions shall continue to be paid.
(3) The amended provisions of Article 36 (1) and (2), and Article 91-3 shall also apply to those who have received lump-sum pneumoconiosis disability compensation under the conditions prescribed by the previous provisions (including persons whose reason for receipt of such annuities occurred before the enforcement of this Act). In this case, out of the total pneumoconiosis compensation annuity value as defined under the amended provisions, nothing but the amount corresponding to the basic annuity shall be paid.
(4) The amended provisions of Article 36 (1) and (2), and Article 91-3 shall also apply to persons whose pneumoconiosis disability grade changes after the enforcement of this Act from among those who have received lump-sum pneumoconiosis disability compensation under the conditions prescribed by previous provisions (including persons whose reason for receipt of such annuities occurred before the enforcement of this Act). In this case, the pneumoconiosis disability annuity amount shall be calculated on the basis of the total remaining days after deducting the corresponding pneumoconiosis disability annuity days to the previous disability grade from the corresponding pneumoconiosis disability annuity days to the new disability grade, both prescribed under the amended provisions.

Article 3 (Transitional Measures Concerning Payment of Wage Replacement Benefits, etc. for Pneumoconiosis)

With respect to payment of wage replacement benefits and injury-disease compensation annuities to those who have been receiving medical care or additional medical care resulting from pneumoconiosis at the time of enforcement of this Act (including persons whose reason for such payment occurred before the entry into force of this Act), Articles 52 through 56 and Articles 66 through 69 shall apply until and unless such medical care or additional medical care has been completed, notwithstanding the amended provisions of Article 36 (1) and (2), and Article 91-3.

Article 4 (Transitional Measures Concerning Payment of Pneumoconiosis-led Survivors Benefits)

(1) In cases where a person who has been receiving medical care or additional medical care for pneumoconiosis at the time of enforcement of this Act (including persons whose reason for such payment occurred before the entry into force of this Act) continues to receive medical care or additional medical care even after the entry into force of this Act, and dies of pneumoconiosis; provisions under Articles 62 through 65 shall apply to the payment of survivors compensation annuities or lump-sum survivors compensation for the deceased worker, notwithstanding the amended provisions under Article 31 (1) and (2), and Article 91-4.
(2) With respect to those who have been receiving survivors compensation annuities due to pneumoconiosis at the time of enforcement of this Act (including persons whose reason for such payment occurred before the entry into of this Act), Articles 62 through 64 shall apply, notwithstanding the amended provisions of Article 36 (1) and (2), and Article 91-4.

Article 5 (Transitional Measures Concerning Increase/Decrease of Average Wages)

The previous provisions shall apply to the increase or decrease of the average wages of those who have been receiving pneumoconiosis-led wage replacement benefits, disability compensation annuities, injury-disease compensation annuities, or survivors compensation annuities at the time of enforcement of this Act (including persons whose reason for such payment occurred before the entry into of this Act), notwithstanding the amended provisions under Article 36 (3).

Article 6 (Revision of Other Laws)

(1) The Occupational Safety and Health Act shall be partially amended as follows:
"medical care benefits in Article 41 of the Industrial Accident Compensation Insurance Act or survivors benefits pursuant to Article 62 of the same Act" as prescribed in the proviso of Article 10 (2) shall be revised to "medical care benefits in Article 41 and Article 91-5 of the Industrial Accident Compensation Insurance Act, survivors benefits in Article 62 of the same Act, or pneumoconiosis survivors annuities in Article 91-4 of the same Act."
(2) The Inheritance Tax and Gift Tax Act shall be partially amended as follows:
Subparagraph 4 of Article 10 shall be as follows:
4.Survivors compensation annuities, lump-sum survivors compensation, special survivors benefits, or pneumoconiosis survivors annuities that are paid in accordance with the Industrial Accident Compensation Insurance Act
(3) The National Pension Act shall be partially amended as follows:
Subparagraph 2 of Article 113 shall be as follows:
2. Disability benefits under Article 57 of the Industrial Accident Compensation Insurance Act, survivors benefits under Article 62 of the same Act, pneumoconiosis compensation annuities under Article 91-3 of the same Act, or pneumoconiosis survivors annuities under Article 91-4 of the same Act

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로