(1) A person who intends to receive any of the following insurance benefits pursuant to Article 36 (2) of the Act shall file a respective application or request for each of the insurance benefits with the Service:

1. Temporary disability compensation benefits;

2. Lump-sum disability compensation benefits or disability compensation annuities (including lump-sum payments prescribed in Article 57 (5) of the Act);

3. Constant attendance benefits;

4. Lump-sum survivors' compensation benefits or survivors' compensation annuities (including lump-sum payments prescribed in Article 62 (4) of the Act);

5. Injury-disease compensation annuities;

6. Funeral expenses;

7. Vocational rehabilitation benefits;

8. Pneumoconiosis compensation annuities;

9. Pneumoconiosis survivors' annuities.

(2) Upon receiving an application or request for insurance benefits under paragraph (1), the Service shall decide whether to pay the insurance benefits, details of payment, etc., and notify a person who has filed such application or request thereof.

(3) If the Service decides to pay a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity, it shall deliver an annuity certificate to an eligible beneficiary.

(1) The criteria for and methods of calculating the rate of increase or decrease in the average wage of all workers and the rate of increase or decrease in comsumer prices under Article 36 (3) and (4) of the Act are shown in Table 2.
(2) The increase or decrease of the average wage under Article 36 (3) of the Act may be made at the request of the person entitled to the insurance benefits or by virtue of the authority of the Corporation.

“The cases prescribed by the Presidential Decree where it is deemed inappropriate to apply the average wage of the worker due to his/her unusual type of employment” in Article 36 (5) of the Act means any of the following ;
1. where applying average wages for workers (hereinafter referred to as “daily workers”) who are employed on a daily basis or paid wages on a daily basis (referring to the wages paid as a reward for the set number of working hours in one day; hereinafter the same shall apply) for the number of days worked：Provided that if a daily worker falls under any of the following subparagraphs, he/she shall be seen as such：
A. Where his/her employment relations have continued for three months or more；
B. Where his/her type of employment is considered similar to that of a permanent worker after comprehensive consideration of the working conditions, type of employment contract, specific employment conditions, etc. of other daily workers engaged in the same kind of job in the same business as the worker concerned.
2. Where applying the average wage to a part-time worker defined in subparagraph 8 of Article 2 of the Labor Standards Act (excluding daily workers; hereinafter referred to as “part-time worker”), who works for two or more businesses (businesses operated by a policy holder of the occupational health and safety insurance provided in Article 5 (3) and (4), and Article 6 (2) and (3), of the Insurance Premium Collection Act).

(1) “An amount calculated according to the calculation method prescribed by Presidential Decree” in Article 36 (5) of the Act means an amount calculated as follows:
1. Where falling under subparagraph 1 of Article 23: An amount calculated by multiplying the daily wage of the relevant daily worker by the working day coefficient announced by the Minister of Employment and Labor after taking into account the number of days of actual service by the daily worker for a month, etc. (hereinafter referred to as "ordinary working day coefficient");
2. Where falling under subparagraph 2 of Article 23: An amount calculated by dividing the aggregate of the wages that the relevant part-time worker received in the business where the accident occurred during the average wage calculation period and the wages he/she received in other businesses during the same period, by the number of days of the relevant period.
(2) A daily worker who has worked for not less than one month as of the date of occurrence of causes for calculating the average wage may apply for exclusion from the application of the calculation method referred to in paragraph (1) 1 to the Corporation by submitting the application together with documents proving the actual wage and number of days worked, if given the actual wage and number of days worked, it is not appropriate to take the amount calculated according to the calculation method referred to in paragraph (1) 1 as the average wage.
(3) When a part-time worker applies for insurance benefits pursuant to Article 36 (2) of the Act, he/she shall submit documents evidencing the fact that he/she was employed in a business other than the business where the accident occurred, and his/her working hours and wages, to the Service.

(1) “The occupational diseases prescribed by the Presidential Decree, such as pneumoconiosis” in Article 36 (6) of the Act refer to diseases (hereinafter in this Article referred to as “occupational diseases”) falling under any of the following subparagraphs among the work-related diseases (hereinafter referred to as “work-related diseases”) referred to in Article 37 (1) 2 of the Act：Provided, That if time and medical continuity exists between the examination, treatment, etc., of such work-related disease and the issuance of the medical certificate or medical opinion, it shall be the date on which the medical care begins:
1. Pneumoconiosis；
2. Any of the diseases described in subparagraph 2 A and B, subparagraph 3 A to G, subparagraph 3 I to K, subparagraph 4 B, subparagraphs 5 through 7, subparagraphs 6 A to C, subparagraphs 6 E, I, K, subparagraphs 7 E to J subparagraph 8 A and B, subparagraph 9, subparagraph 10 A, subparagraph 11 A B to G, subparagraph 11 H 1), 2) and paragraph 12 AB to D, subparagraph 13 A, subparagraph 14 A, subparagraph 15 A and B, subparagraph 16 A, subparagraph 17 A, subparagraph 18, subparagraph 19 A and B, subparagraph 20, subparagraph 21 and subparagraph 22 E through I in Table 3；and
3. Other diseases which result from long-term exposure to harmful or hazardous elements or are recognized as having occurred after a latent period after exposure to harmful or hazardous elements.
(2) “An amount calculated according to the calculation methods prescribed by the Presidential Decree” in Article 36 (6) of the Act refers to the following：[Amended by Presidential Decree No. 22492, Nov. 15, 2010 and Presidential Decree No. 24651, Jun. 28, 2013]
1. In case of occupational diseases falling under paragraph (1) 1：the amount pronounced by the Minister of Employment and Labor every year, after taking into account the average wages of all workers as defined under Article 26 (1), based on the date when the occupational disease concerned is confirmed
2. In case of occupational diseases falling under paragraph (1) 2 or 3：an amount obtained by dividing the sum of all the average monthly wages of workers with similar wage levels to that of the worker concerned for the period of one full year preceding the last day of the previous two quarters to the quarter when the occupational disease is confirmed by the total number of days during that period. All the average monthly wages of workers with similar wage levels referred to in paragraph (2) shall be all the average monthly wages of workers who are similar to the worker with the occupational disease in terms of gender, occupation, and type and size of business they work for according to data on average monthly wages for workers from the survey on workforce at establishments (hereinafter referred to as the “survey on workforce at establishments”) prepared by the Minister of Employment and Labor as the designated statistics prescribed in subparagraph 2 of Article 3 of the Statistics Act. In this case, the criteria for judging such workers similar to the worker in terms of gender, occupation and type and size of business they work for shall be determined by the Corporation.
(3) The day when the occupational disease is confirmed, referred to in paragraph (2), shall be the date of issuance of the medical certificate or medical opinion issued when it is confirmed that the occupational disease is eligible for insurance benefits：Provided, That if time and medical continuity exists between the examination, treatment, etc., of such work-related disease and the issuance of the medical certificate or medical opinion, it shall be the date on which the medical care begins:
(1) through (2) Deleted.
(4) Deleted. [Presidential Decree No. 22492, Nov. 15, 2010]
(5) In applying the provisions of Article 36 (6) of the Act, if the occupational disease as prescribed under paragraph (1) 2 and 3 is confirmed after the shutdown or closure of the business to which the worker belongs (including cases where the worker has retired before the business shutdown or closure), an amount obtained by increasing or decreasing the amount calculated from the date of the business shutdown or closure pursuant to paragraph (2) 2 until the date the pertinent occupational disease as prescribed under paragraph (1) 2 and 3 is confirmed in accordance with subparagraph 1 of Table 2 shall be regarded as the average wage of the worker. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(6) Special cases for the calculation of average wages as referred to in article 36 (6) of the Act may apply either when such request has been made by those entitled to the insurance benefits or by the official authority of the Corporation. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]

(1) The average wages used as the basis for calculating the maximum standard amount of compensation (hereinafter referred to as the “maximum standard amount of compensation”) and the minimum standard amount of compensation (hereinafter referred to as the “minimum standard amount of compensation”) referred to in Article 36 (7) of the Act shall be an amount obtained by dividing the sum of all the average monthly wages of every worker of businesses which hire 5 or more workers from July 1st of the insurance year of two years ago to June 30th of the preceding insurance year by 365 (or 366 in case the month of February during that period has 29 days) according to the statistics concerning the employment structure, demand for human resources, etc. pursuant to Article 17 of Framework Act on Employment Policy. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
(2) When calculating the maximum standard amount of compensation and the minimum standard amount of compensation, amounts less than one Won shall be rounded off.
(3) The application period for the maximum standard amount of compensation and the minimum standard amount of compensation shall be from January 1st to December 31st of the insurance year concerned.

(1) An accident that happens while the worker is carrying out any of the following acts shall be seen as the work-related accident under Article 37, (1) 1 A of the Act：
1. Acts of performing his/her duties in accordance with his/her employment contract；
2. Physiologically necessary acts, such as going to the toilet, in the course of performing his/her duties；
3. Acts of preparing for or wrapping up work and other necessary acts incidental to his/her duties；and
4. Acts expected as a social norm, such as acts of emergency refuge or rescue caused by unexpected accidents, such as natural disasters, fires, etc., which happen inside the workplace
(2) An accident that happens while the worker is performing his/her duties outside the workplace following instructions from the employer shall be seen as the work-related accident under Article 37 (1) 1 A of the Act：Provided that an accident that happens while the worker is carrying out an act violating specific instructions from the employer or his/her private act or is off his/her normal business travel course shall not be seen as a work-related accident.
(3) An accident that happens in relation to the work a worker who has no fixed place of work because of the nature of his/her duties performs from the time when he/she starts to work after first arriving at the place of work until he/she leaves work after finally completing work shall be seen as the work-related accident under Article 37 (1) 1 A of the Act.

(1) An accident that happens due to a defect in, or the careless management by the employer of, the facilities, equipment, vehicles, etc. (hereinafter referred to as “facilities, etc.”) provided by the employer shall be seen as the work-related accident under Article 37 (1) 1 B of the Act.
(2) An accident that happens due to the use of the facilities, etc., provided by the employer in violation of specific instructions from the employer and an accident that happens during the management or use of the facilities, etc., while the worker has entire and exclusive responsibility to manage or use them shall not be seen as the work-related accident under Article 37 (1) 1 B of the Act.

If a worker’s participation in various events, (hereinafter referred to as “events”) such as sports events, picnics and mountain-climbing events, is deemed necessary for labor management or business operation under social norms, and the case falls under any of the following subparagraphs, an accident happening during his/her participation in such events (including preparation and rehearsal for such events) shall be seen as the work-related accident under Article 37 (1) 1 D of the Act：
1. Where for the worker participating in the event, the employer recognizes his/her hours spent to participate in the event as hours worked；
2. Where the employer orders the worker to participate in the event；
3. Where the worker participates in the event after obtaining approval from the employer in advance；and
4. Other cases equivalent to subparagraphs 1 through 3 where the employer has usually and customarily recognized the worker’s participation in the event.

An accident that happens due to natural disasters, such as typhoons, floods, earthquakes and avalanches, or unexpected incidents, while the worker is doing an act deemed possible to do inside the workplace under social norms shall be seen as the work-related accident under Article 37 (1) 1 F of the Act, except when it is obvious that the accident happens while the worker is engaging in an act not related to his/her work, such as private acts and walking out on his/her jobs.

If an accident falling under any of the following subparagraphs happens to a worker who is receiving medical care for a work-related injury or disease, the accident shall be seen as the work-related accident under Article 37 (1) 1 F of the Act：
1. Medical accident happening in relation to medical care benefits；
2. Accident happening in relation to medical care for work-related injuries or diseases at the industrial accident insurance-related medical institution where the worker is receiving medical care
3. Accidents occurring in the course of going to an industrial accident insurance-related medical institution from the residence or the workplace, for treatment of a work-related injury or occupational disease.

In case where an accident happens to a worker because of a third person’s act, if the work the worker are in charge of is deemed possible, by nature, to cause the third person to do an harmful act under social norms, the accident shall be seen as the work-related accident under Article 37 (1) 1 F of the Act.

(1) If a worker gets a disease included in the scope of work-related diseases referred to in Article 44 (1) and Table 5 of the Enforcement Decree of the Labor Standards Act(including cases where a worker has undergone a miscarriage, stillbirth, or premature birth. Hereinafter the same shall apply in this article) and meets all of the following conditions, the disease shall be seen as the work-related disease under Article 37 (1) 2 A of the Act：
1. The worker has ever handled, or been exposed to, harmful or hazardous elements while performing his/her duties；
2. The disease is deemed possible to arise in the light of the hours for which the worker has handled or been exposed to harmful or hazardous elements, the period during which the worker has been engaged in such work, work environments, etc.,；and
3. The fact that the worker’s exposure to or handling of harmful or hazardous elements has caused the disease to arise should be medically recognized.
(2) If a disease that arises in a worker suffering from a work-related injury meets all of the following conditions, the disease shall be seen as the work related disease under Article 37 (1) 2 B of the Act：
1. The causal relationship between the work-related injury and the disease should be medically recognized；and
2. The underlying illness or existing disease should not be a naturally happening symptom.
(3) The specific criteria for the recognition of work-related diseases (excluding pneumoconiosis) under paragraphs (1) and (2) are shown in Table 3.
(4) When deciding whether to recognize a worker’s work-related diseases or death caused by such work-related disease, the Corporation shall take into account the worker’s sex, age, health, physical constitution, etc.

(1) An accident which occurs during a worker’s commute shall be deemed a commuting accident as prescribed by Article 37 paragraph (1) subparagraph 3 a of the Act if all of the following subparagraphs are applicable:
1. The accident occurred while the worker was using a means of transportation provided by the employer or can be deemed as provided by the employer;
2. The management and availability of the means of transportation was not exclusively up to the worker.
(2) The “causes prescribed by Presidential Decree as an act necessary for everyday life” in the proviso of Article 37 paragraph (3) of the Act refer to any of details in the following subparagraphs:
1. Purchasing goods that are necessary for everyday life;
2. Receiving education or training which can contribute to the development and improvement of vocational abilities at schools prescribed in Article 2 of the Higher Education Act or at vocational education and training institutions prescribed in Article 2 of the Vocational Education and Training Promotion Act;
3. Exercising one’s right to vote or participate in a referendum;
4. Bringing a child or a person with disabilities, for whom the worker is the de facto guardian, to or from a daycare or educational institution;
5. Receiving medical care to treat or prevent a disease at a medical institution or a health center;
6. Looking after a family member recuperating at a medical institution etc. and needing the worker’s care;
7. Any acts that the Minister of Employment and Labor deems necessary for everyday life and that correspond to subparagraphs (1) through 6.
<This Article inserted on Dec. 26, 2017>

"Type of work prescribed by Presidential Decree that does not have a regular route and method" in Article 37 (4) of the Act means a case where a person who engages in any of the following types of work (referring to a person who has purchased an insurance policy designating himself/herself or his/her survivors as the insured under Article 124 of the Act and does not employ any employee) has a garage in his/her residence for a motor vehicle, etc. used for business:

1. On-demand passenger transport business under Article 3 (1) 3 of the Passenger Transport Service Act;

2. Owner-driven taxi transport business under subparagraph 2 (d) of Article 3 of the Enforcement Decree of the Passenger Transport Service Act;

3. Delivery operation performed by a person falling under Article 122 (1) 2 (d).

[This Article Newly Inserted by Presidential Decree No. 28506, Dec. 26, 2017]

"Any of the grounds as prescribed by Presidential Decree" in the proviso to Article 37 (2) of the Act refers to a case falling under any of the following:

1. Where a person who received or is receiving medical treatment for mental illness arising from a work-related ground does self-harm in a state of mental disorder;

2. Where a person who is receiving medical care due to an occupational accident does self-harm in a state of mental disorder caused by the occupational accident;

3. Other cases where the fact that self-harm is done in a state of mental disorder due to a work-related ground is medically recognized.

(1) Cases where a person is presumed to be dead under Article 39 (1) of the Act shall be those falling under any of the following subparagraphs：
1. Where an accident happens in which a ship is sunk, capsized, destroyed or missing, or aircraft is crushed, destroyed or missing, and the life or death of a worker aboard the ship or aircraft has been unknown for three months after the accident occurs；
2. Where a worker aboard a ship or aircraft on voyages went missing, and his/her life or death has been unknown for three months after he/she went missing；or
3. Where the life and death of a worker on the site of various accidents such as natural disasters, fires and building collapses, etc., has been unknown for three months after the accident occurs.
(2) A person who is presumed dead under paragraph (1), shall be presumed to have died on the day the accident occurred or he/she went missing.
(3) If a person whose life or death has been unknown due to any of the causes as referred to in each subparagraph of paragraph (1) is confirmed to be dead within three months after the accident occurred, or he/she went missing, but the date of his/her death is obscure, he/she shall be presumed to be dead on the day as referred to in paragraph (2).
(4) An insurance subscriber shall make without delay a report on the confirmation of the missing or death of the worker to the Corporation, when any of the causes as referred to in subparagraphs of paragraph (1) occurs, or when the death is confirmed (including the case where the worker is presumed dead under paragraph (3)).
(5) If after the payment of insurance benefits under Article 39 (1) of the Act, the worker’s survival was confirmed, the person who has received the insurance benefits and the insurance subscriber shall make a report on the confirmation of the worker’s survival to the Corporation, within fifteen days after the survival was confirmed.
(6) If the worker’s survival is confirmed, the Corporation shall notify the person who has received the insurance benefits that he/she should pay the amount referred to in Article 39 (2) of the Act.
(7) A person who is given notification pursuant to paragraph (6) shall pay the notified amount to the Corporation within thirty days after he/she is given the notification.

(1) The medical care expenses an entitled person can receive pursuant to the proviso of Article 40 (2) of the Act are described in the following subparagraphs：
1. Medical care expenses incurred in case the person receives urgent medical care, such as emergency treatment, at a medical institution other than the industrial accident insurance-related medical institutions (hereinafter referred to as “industrial accident insurance-related medical institutions”) referred to in Article 43 (1) of the Act；
2. Expenses (limited to cases where such expenses are not provided by industrial accident insurance-related medical institutions) spent for any of the following medical care benefits：
A. Provision of artificial limbs or other prosthetic devices under Article 40 (4) 2 of the Act；
B. Patient caring under Article 40 (4) 6 of the Act；and
C. Transfers under Article 40 (4) 7 of the Act
3. Other medical care expenses deemed by the Corporation to have a justifiable cause
(2) A person who intends to receive the medical care expenses referred to in paragraph (1) shall file the claim with the Corporation.
(3) If it is urgent or there are other inevitable reasons, the Corporation may pay in advance the expenses required for the transfers referred to in Article 40 (4) 7 of the Act after receiving the claim from the worker concerned.
Article 41 (Application for Medical Care Benefits)
(1) A person who intends to receive medical care benefits (with the exception of medical care benefits for pneumoconiosis, hereinafter the same shall apply in this article) pursuant to Article 40 (1), shall make an application for medical care benefits to the Corporation, together with documents indicating his/her workplace, the background of the accident, and medical opinions about the accident. In this case, the procedures for and method of application for medical care benefits shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10305, May 20, 2010, and Act No. 10339, Jun. 4, 2010]
(2) An industrial accident insurance-related medical institution prescribed in Article 43 (1), which gives medical examination and treatment to a worker, if the accident is judged as a work-related accident, may apply for medical care benefits on behalf of the worker with his/her consent.

(1) If the Corporation intends to impose penalties pursuant to Article 44 (1) of the Act, it shall investigate and confirm the offense and then notify the person subject to the imposition that he/she should pay such penalties, specifying the facts of offense, the amount of penalties, how to file an objection, the period for filing an objection, etc.
(2) The person notified pursuant to paragraph (1) shall pay the penalties to the agency designated by the Corporation within twenty days after receiving the notification：Provided that in case he/she is unable to pay the penalties within the said period for a natural disaster or other inevitable reasons, he/she shall pay the penalties within seven days after the reason has disappeared.
(3) The agency which has received the penalties pursuant to paragraph (2) shall issue a receipt to the person who paid the penalties.
(4) The agency responsible for receiving penalties, upon receiving penalties pursuant to paragraph (2), shall inform the Corporation of the receipt without delay.
(5) The criteria for the imposition of penalties by type and degree of offense, etc. referred to in Article 44 (2) of the Act are shown in Table 5.

(1) An industrial accident insurance-related medical institution shall include the following matters in a medical treatment plan (hereinafter referred to as “medical treatment plan”) referred to in Article 47 (1) of the Act：
1. Name of the injury or disease the worker is suffering from due to a work-related accident；
2. Progress in, details of the treatment of, and current state of, the injury ordisease of the worker；
3. Medical necessity of extending the medical care period；
4. Methods, contents and period of future treatment, such as in-hospital treatment, outpatient treatment or treatment while in employment；and
5. Other matters necessary for the treatment of the worker
(2) An industrial accident insurance-related medical institution shall prepare a medical treatment plan referred to in paragraph (1) on a three monthly basis (on a yearly basis if the injury or disease requires long-term medical care lasting one year or longer due to its characteristics and is the ones determined by the Corporation) and submit it to the Corporation at least seven days before the end of the previous medical care period (referring to the changed medical care period in case the Corporation makes changes pursuant to Article 41 (2) 1).

(1) When the Service examines a medical treatment plan pursuant to Article 47 (2) of the Act, it may seek advice from an advisory doctor under Article 42 or submit the plan to a panel of advisory doctors under Article 43 for deliberation.

(2) "Necessary measures prescribed by Presidential Decree" in Article 47 (2) of the Act refer to the following measures:

1. Termination of treatment or reduction of scheduled treatment period;

2. Changes to treatment methods, such as hospitalization and outpatient treatment;

3. Transfer to another hospital pursuant to Article 48 (1) of the Act;

4. Other changes to medical treatment plans.

(3) If the Service seeks to take any of the measures referred to in paragraph (2) with regard to a medical treatment plan, it shall notify the employee and industrial accident insurance-related medical institution concerned of the plan's contents.

(1) The Corporation may commission or appoint doctors, dentists or oriental medicine doctors (including doctors, dentists or oriental medicine doctors who are an employee of the Corporation) as advisory doctors in order to give medical advice necessary for making decisions on the payment of insurance benefits, medical expenses, medicine expenses, etc. resulting from work-related accidents or for other insurance activities.
(2) Necessary matters concerning qualifications for advisory doctors (hereinafter referred to as “advisory doctors”) referred to in paragraph (1) and procedures, etc., for the commission and appointment thereof shall be determined by the Corporation

(1) The Service shall have a panel of advisory doctors under its affiliated agency to give systematic advice on decisions on the payment of insurance benefits, medical expenses, medicine expenses, etc. resulting from occupational accidents and on matters requiring medical determinations otherwise in relation to insurance affairs.

(2) The panel of advisory doctors shall be comprised of five advisory doctors or more.

(3) The panel of advisory doctors shall deliberate on the following matters which need medical determinations, in response to a request for advice by the Service:

1. Whether to terminate treatment for an employee receiving medical care (limited to cases where there is a difference of medical opinion regarding the termination of treatment between a doctor in charge and an advisory doctor);

2. Adequacy of reasons for a transfer to another hospital under Article 48 (1) 4 of the Act;

3. Medical opinions regarding calculation of the amount of lump-sum insurance benefits referred to in Article 72;

4. Medical opinions regarding adjudication or determination referred to in the proviso to Article 118 (4);

5. Other matters concerning insurance benefits, medical expenses and medicine expenses, of which deliberation by the panel of advisory doctors deemed necessary by the head of an affiliated agency of the Service.

(4) Matters necessary for the constitution and operation of the panel of advisory doctors shall be determined by the Service.

“The procedures prescribed by the Presidential Decree” in Article 48 (1) 4 of the Act refer to the procedures for deliberation by the panel of advisory doctors.

Injuries or diseases resulting from the accidents during medical care under Article 32 shall be regarded as the additional injury or disease under Article 49 of the Act in applying for medical care benefits.

(1) “The medical institutions prescribed by the Presidential Decree” in the former part of Article 50 (1) of the Act shall be the industrial accident insurance-related medical institutions referred to in Article 43 (1) 3 of the Act：Provided that the medical institutions authenticated pursuant to Article 58 of the Medical Service Act shall be evaluated only against the evaluation categories relating to the quality of medical care, which are excluded from the evaluation under the same Act. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
(2) The Corporation may select medical institutions to be evaluated from among the industrial accident insurance-related medical institutions subject to evaluation pursuant to paragraph (1) after taking into consideration their manpower, facilities, size, outcomes of medical treatment for workers suffering from a work-related accident, amount of medical expenses claimed, results, etc. of previous evaluations regarding medical care benefits, etc.

(1) The method of the evaluation of industrial accident insurance-related medical institutions under Article 50 of the Act shall be either on-site evaluation or written evaluation. In this case, industrial accident insurance-related medical institutions selected for on-site evaluation shall be so notified in advance.
(2) The evaluation criteria for industrial accident insurance-related medical institutions are as follows：
1. Manpower, facilities and equipment；
2. Content and level of medical service；
3. Satisfaction levels of workers who have received medical care
4. Outcomes of medical treatment for workers suffering from a work-related accident；and
5. Other matters concerning the quality of medical care for workers suffering from a work-related accident
(3) Details necessary for the evaluation under paragraph (2) shall be determined by the Corporation.

(1) The additional medical care (hereinafter referred to as “additional medical care”) under Article 51 of the Act shall be provided in cases where a person has received medical care benefits (or disability benefits in the case of injuries or diseases for which disability benefits not medical care benefits have been received) for a work-related injury or disease and satisfy all of the following requirements：
1. There is causal relations between the work-related injury or disease cured and the injury or disease subject to additional medical care；
2. The state of the injury or disease subject to additional medical care has deteriorated compared with when the person was cured and the deterioration is not due to age or other reasons unrelated to work；
3. Active treatments, such as surgical operations (including operations to remove a fixed object from the body or reoperations on mutilated parts in order to attach artificial limbs), are deemed necessary for improving the state of the injury or disease subject to additional medical care；and
4. The injury or disease subject to additional medical care should be expected to be able to be treated by the additional medical care
(2) A person who intends to receive additional medical care shall apply for additional medical care to the Corporation under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

A person who intends to receive the partial wage replacement benefits referred to in Article 53 of the Act shall meet all of the following requirements：
1. While receiving medical care, the person should be employed in a fixed business, be engaged in a fixed job and has fixed working hours；and
2. There should be a doctor’s opinion that even the worker’s employment will neither delay the cure of, nor aggravate, his/her injury and disease.

(1) A person who intends to receive partial wage replacement benefits shall file the claim with the Corporation with the documents prescribed by the Ordinance of the Ministry of Employment and Labor attached thereto. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Upon receipt of the claim referred to in paragraph (1), the Corporation shall decide whether to make that payment after taking into consideration the worker’s state of injury or disease, work, working hours, etc., and inform the worker of the decision.

“The period prescribed by the Presidential Decree” in the proviso of Article 55 of the Act refers to two years after the start of medical care due to a work-related accident.

“The date of the occurrence of reasons for calculating the average wage” in the latter part of Article 56 (1) of the Act refers to any of the following days：[Amended by Presidential Decree No. 22269, Jul. 12, 2010]
1. The day when the injury or disease subject to additional medical care is diagnosed as requiring additional medical care：Provided that if there is time or medical continuity between the diagnosis and the examination or treatment of the injury or disease subject to additional medical care prior to the diagnosis, the start day of the examination or treatment；or
2. In the case of diseases for which whether or not they are subject to additional medical care should be judged following the procedures prescribed by the Ordinance of the Ministry of Employment and Labor because of the characteristics of the diseases, the date of issuance on the medical certificate or medical opinion available at the time of applying for such judgment
Article 57 (Disability Benefits)
(1) Disability Benefits shall be paid to a worker who has a disability after receiving medical care due to injuries or diseases he/she got for work-related reasons.
(2) Disability benefits shall be paid in the form of a disability compensation annuity or lump sum disability compensation set forth in Table 2 based on grade of disability, and criteria for disability grades shall be prescribed by the Presidential Decree.
(3) Either disability compensation annuity or lump sum disability compensation referred to in paragraph (2) shall be paid depending on the choice of the entitled person：Provided that a worker with the disability grades prescribed by the Presidential Decree, which are characterized as a complete loss of work ability, shall be paid a disability compensation annuity and a worker who was not a Korean national when the reason for claiming the payment of disability benefits occurred and resides in a foreign country shall be paid lump sum disability compensation.
(4) Disability compensation annuities may be paid in advance at the request of the entitled person in an amount equivalent to 1/2 of one- to two-year annuities (one to four-year annuities for the workers prescribed in the proviso of paragraph (3)). In this case, interest may be deducted from the amount paid in advance at the rate prescribed by the Presidential Decree, which is not more than 5/100.
(5) In the event that the entitlement of a person entitled to a disability compensation annuity is terminated pursuant to Article 58, if the sum of the number of days obtained by dividing the already paid annuity by each of the average wages at the time of payment is less than the number of days for lump sum disability compensation prescribed in Table 2, an amount calculated by multiplying the shortfall in the number of days by the average wage at the time of the termination shall be paid in a lump sum to the worker or his/her surviving family members.

(1) The criteria for disability grades referred to in Article 57 (2) of the Act shall be governed by Table 6. In this case, detailed criteria, etc., for the judgement of disability grades by body part shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) If there are two or more disabilities falling under the criteria for disability grades as prescribed in Table 6, the disability grade of the worker concerned shall be that of the more severe disability, and if there are two or more disabilities falling under grade 13 or higher, the disability grade of the worker concerned shall be the one adjusted according to the following subparagraphs：Provided that if the disability grade is arithmetically higher than grade 1 as a result of the adjustment, grade 1 shall be the disability grade of the worker concerned, and if the degree of the disability is deemed obviously lower than the degree of the other disabilities set forth for the adjusted grade, the grade just below the adjusted grade shall be the disability grade of the worker concerned：
1. If there are two or more disabilities falling under grade 5 or higher, the grade shall be adjusted upwards by three；
2. If there are two or more disabilities falling under grade 8 or higher, the grade shall be adjusted upwards by two；and
3. If there are two or more disabilities falling under grade 13 or higher, the grade shall be adjusted upwards by one.
(3) If there is a disability not prescribed in Table 6, the grade of a similar disability shall be the grade of the disability.
(4) If a person, who already has a disability, has disabilities in the same body part aggravated due to a work-related injury or disease, the amount of disability benefits shall be the one calculated on the basis of the number of payment days for lump-sum disability compensation or disability compensation annuities by grade of disability as shown in Table 2 in accordance with the following subparagraphs：
1. When the benefits are paid in the form of lump-sum disability compensation：the number of payment days for lump-sum disability compensation corresponding to the aggravated disability minus the number of payment days for lump-sum disability compensation corresponding to the existing disability and then multiplied by the amount of average wage at the time when the reason for claiming the payment of the benefits occurs；or
2. When the benefits are paid in the form of disability compensation annuities：the number of payment days for disability compensation annuities corresponding to the aggravated disability minus the number of payment days for disability compensation annuities corresponding to the existing disability (if the existing disability is a disability falling under grades 8 through 14, the number of payment days for lump-sum disability compensation corresponding to such disability multiplied by 22.2/100) and then multiplied by the amount of average wage at the time of the payment of the annuities.
(5) “The disability grades prescribed by the Presidential Decree, which are characterized as a complete loss of work ability” in the proviso of Article 57 (4) of the Act refer to disability grades 1 to 3 as set forth in Table 6.
(6) A person who intends to receive a lump sum payment pursuant to Article 47 (5) of the Act shall make the claim with the Corporation.

Deleted

(1) Those subject to the redetermination of disability grades or pneumoconiosis disability grades (hereinafter referred to as “disability grades, etc”) pursuant to Article 59 (3) of the Act shall be persons entitled to disability compensation annuities or pneumoconiosis compensation annuities, who fall under any of the following subparagraphs：[Amended by Presidential Decree No. 22492, Nov. 15, 2010]
1. Where the person has one or more of the disabilities eligible for disability compensation annuities, which fall under grades 1-3, 2-5, 3-3, 5-8, 7-4, 9-15 or 12-15 set forth in Table 6；
2. Where the person has one or more of the disabilities eligible for disability compensation annuities, which fall under grades 6-5, 7-14, 8-2, 9-17, 10-8, 11-7 or 12-16 set forth in Table 6 (limited to cases where the disability grade is determined based on spinal nerve root disorder)；
3. Where the person has one or more of the disabilities eligible for disability compensation annuities, which fall under grades 1-6, 1-8, 4-6, 5-4, 5-5, 6-6, 6-7, 7-7, 7-11, 8-4, 8-6, 8-7, 9-11, 9-13, 10-10, 10-13, 10-14, 11-9, 11-10, 12-9, 12-10, 12-12, 12-14, 13-8 or 13-11 set forth in Table 6 (limited to cases where the disability grade is determined based on the motor functions of body joints)；
4. Where the person sustains any of the pneumoconiosis disabilities comparable to grades 1 through 7 set forth in subparagraph 2 of Table 11-2 from among disabilities eligible for pneumoconiosis disability compensation annuities；
5. Where the person has disabilities referred to in Article 53 (3), which are eligible for disability compensation annuities and include one or more of the disabilities prescribed in subparagraphs 1 through 3
(2) Notwithstanding the provision of paragraph (1), if the final disability grade of a person entitled to disability compensation annuities has not changed because of his/her other disabilities even though the grades of some of his/her disabilities have changed pursuant to subparagraphs of paragraph (1), he/she shall be excluded from those subject to the redetermination of disability grades.
[Title of this Article Amended by Presidential Decree No. 22493, Nov. 15, 2010]

(1) The redetermination of disability grades, etc. under Article 59 of the Act shall be made within one year after two years have passed since the day when the decision to pay disability compensation annuities or pneumoconiosis compensation annuities was made. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(2) Notwithstanding the provision of paragraph (1), if a person subject to the redetermination of disability grades receives additional medical care, the redetermination shall be made within one year after two years have passed since the day when he/she was cured after the additional medical care (in case his/her disability grades, etc. has changed, the day when the decision to pay disability compensation annuities or pneumoconiosis compensation annuities according to that change was made). [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(3) If the Corporation intends to redetermine disability grades, etc. pursuant to paragraphs (1) or (2), it shall demand the person subject to the redetermination to undergo the medical examination under Article 117 (1) 2. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(4) A person who intends to have his/her disability grade, etc. redetermined pursuant to Article 59 (1) of the Act shall make application to the Corporation under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22492, Nov. 15, 2010]
(5) If the Corporation intends to redetermine disability grades, etc., it shall inform the worker concerned of the industrial accident insurance-related medical institution (or medical examination institutes in accordance with Article 91-6 (1) of the Act, in the case of redetermining pneumoconiosis disability grades) which will examine the degree of disability, the date of the medical examination or other matters necessary for the redetermination at least 30 days before the date of the medical examination. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
[Title of this Article Amended by Presidential Decree No. 22493, Nov. 15, 2010]

(1) If a person files a claim for disability compensation annuities or pneumoconiosis compensation annuities as his/her disability grade, etc has changed as a result of the redetermination of disability grades, etc pursuant to Article 59 of the Act, disability compensation annuities, or pneumoconiosis compensation annuities corresponding to the changed disability grade, etc, shall be paid beginning from the month following the month in which the date of medical examination falls. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(2) If a person files a claim for lump-sum disability compensation as his/her disability grade has changed as a result of the redetermination of disability grades pursuant to Article 59 of the Act, the payment shall be made in accordance with the following subparagraphs：
1. In case the disability has worsened：the person shall be paid the number of payment days for lump-sum disability compensation corresponding to the changed disability grade minus the sum of the numbers of days obtained by dividing the amount of disability compensation annuities already paid by each average wage at the time of the payment and then multiplied by the average wage；
2. In case the disability has improved (including cases where the changed disability grade is between grade 8 and grade 14)：only when the number of payment days for lump-sum disability compensation corresponding to the changed disability grade is larger than the sum of the numbers of days obtained by dividing the amount of disability compensation annuities already paid by each average wages at the time of the payment, shall the person be paid the amount of average wage multiplied by the difference in the number of days.
(3) In the case of paying disability compensation annuities pursuant to paragraph (1), Article 57 (4) of the Act shall not apply.
[Title of this Article Amended by Presidential Decree No. 22493, Nov. 15, 2010]

(1) If a person who has received disability compensation annuities files a claim for disability compensation annuities as his/her disability grade has changed after receiving additional medical care, disability compensation annuities corresponding to the changed disability grade shall be paid beginning from the month following the month in which the day he/she was cured after additional medical care falls.
(2) If a person who has received disability compensation annuities files a claim for lump-sum disability compensation as his/her disability grade has changed after receiving additional medical care, the payment shall be made in accordance with the following subparagraphs：
1. In case where the disability has worsened：the person shall be paid the number of payment days for lump-sum disability compensation corresponding to the changed disability grade minus the sum of the numbers of days obtained by dividing the amount of disability compensation annuities already paid by each average wage at the time of the payment and then multiplied by the average wage；
2. In case where the disability has improved (including cases where the changed disability grade is between grade 8 and grade 14)：only when the number of payment days for lump-sum disability compensation corresponding to the changed disability grade is larger than the sum of the numbers of days obtained by dividing the amount of disability compensation annuities already paid by each average wages at the time of the payment, shall the person be paid the amount of average wage multiplied by the difference in the number of days
(3) If a person who has received lump-sum disability compensation has his/her disability worsened compared with before after additional medical care, the disability benefits shall be paid according to the following methods：
1. In case where he/she files a claim for the payment in the form of disability compensation annuities：disability compensation annuities corresponding to the changed disability grade shall be paid beginning from the month following the month in which the day he/she was cured after additional medical care falls, but he/she shall not be paid the amount of disability compensation annuities corresponding to the number of days for which the lump-sum disability compensation has been paid；
2. In case where he/she files a claim for the payment in the form of lump-sum disability compensation：he/she shall be paid the number of payment days for lump-sum disability compensation corresponding to the changed disability grade minus the number of payment days for lump-sum disability compensation corresponding to the previous disability grade and then multiplied by the average wage.
(4) The average wage used to calculate disability benefits after additional medical care shall be the amount obtained by increasing or decreasing the average wage (the average wage at the time of the termination of the previous medical care in case disability benefits have not been received before) used to calculate the previous disability benefits pursuant to Article 22.
(5) In the case of paying disability compensation annuities after additional medical care, Article 57 (4) shall not apply：Provided that this shall not apply if a person who was previously ineligible for disability benefits receives disability compensation annuities after additional medical care.

(1) Those eligible for the nursing benefits referred to in Article 61 (1) of the Act are shown in Table 7.
(2) Nursing benefits shall be paid for days during which a person eligible for nursing benefits pursuant to paragraph (1) actually receives nursing care.
(3) The standard amount of nursing benefits shall be the one announced by the Minister of Employment and Labor on the basis of total monthly wages, etc., by occupation according to the survey on labor conditions by type of employment prepared by the Minister of Employment and Labor among the designated statistics referred to in Article 3 of the Statistics Act. In this case, the amount of nursing benefits to be paid to those eligible for occasional nursing benefits shall be two thirds of the amount to be paid to those eligible for permanent nursing benefits. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(4) Notwithstanding the provision of paragraph (1), a person eligible for nursing benefits spends no nursing expenses as he/she enters a free-of-charge nursing home, etc., or spends less than the standard amount under paragraph (3), the amount actually spent shall be paid as his/her nursing benefits.
(5) If a person entitled to nursing benefits receives additional medical care pursuant to Article 51 of the Act, nursing benefits shall not be paid during the additional medical care.
(6) The method of claiming nursing benefits shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

(1) If there are two or more persons entitled to a survivors compensation annuity, one of them may be appointed as a representative to claim and receive the survivors compensation annuity.
(2) If a representative is appointed under paragraph (1), or the appointed representative is dismissed, it shall be reported without delay to the Corporation together with documents to attest such appointment or dismissal.

“The surviving family members whose livelihood was supported by the worker” in Article 63 (1) of the Act refer to persons falling under any of the following subparagraphs：
1. A surviving family member who is described as having lived with the worker in the same household in the resident registration index book under the Resident Registration Act and all or substantial part of whose livelihood was maintained by the worker’s incomes；
2. A surviving family member all or substantial part of whose livelihood was maintained by the worker’s incomes but who is registered as having resided in a different household from, or did not live with, the worker due to study, employment, medical care and other residential circumstances；
3. Surviving family members other than those referred to in paragraphs (1) and (2), all or most part of whose livelihood was maintained with the help of money and other valuable goods or economic support regularly provided by the worker

(1) In case the right to receive a survivors compensation annuity has been transferred pursuant to Article 64 (2) of the Act, a person who intends to newly receive a survivors compensation annuity shall file with the Corporation for a change of the person entitled to survivors’ compensation annuities.
(2) In case a person entitled to a survivors compensation annuity has been missing for three months or more pursuant to Article 64 (3) of the Act, the payment of the annuity to that missing person shall be suspended at the request of a person (in case no such person exists, the person next in the order) at the same priority level in the order as the entitled person for the period of disappearance starting from the month following the month in which the entitled person went missing and the amount calculated in accordance with Article 62 (2) and Table 3 of the Act shall be paid as a survivors’ compensation annuity. In this case, the missing person previously entitled to survivors compensation annuity shall not be regarded as those entitled to survivors compensation annuity, to whom additional payment referred to in Article 62 (2) and Table 3 of the Act applies.
(3) A person for whom the payment of a survivors compensation annuity is suspended pursuant to paragraph (2) may apply any time for the nullification of the suspension.

If there occur the causes described in the following subparagraphs, the Corporation may adjust, at the request of a person entitled to survivors compensation annuities or by virtue of its authority, the amount of survivors compensation annuities for months following the month in which those causes occur：
1. Where a child who was a fetus at the time of the worker’s death is born；
2. Where the suspension of payment is lifted under Article 62 (3)
3. Where the person entitled to survivors compensation annuities is disqualified under Article 64 (1)；and
4. Where the person entitled to survivors compensation annuities is missing

(1) A person who intends to receive an injury-disease compensation annuity as prescribed in Articles 66 through 69 of the Act shall file a claim with the Corporation for injury-disease compensation annuity, together with a medical certificate issued by a doctor, which can attest to his/her state of invalidity.
(2) If the invalidity grade of a worker receiving an injury-disease compensation annuity has changed, the Corporation may pay, at the request of the entitled person or by virtue of its authority, injury-disease compensation annuities based on the new invalidity grade starting from the month following the month in which such a change has taken place.
(3) When a worker receiving injury-disease compensation annuities files a claim for injury-disease compensation annuities due to a change of his/her invalidity grade under paragraph (2), he/she shall attach a medical certificate issued by a doctor, which can attest to his/her state of invalidity.

(1) The criteria for invalidity grades based on which injury-disease compensation annuities are paid pursuant to Articles 66 through 69 of the Act are shown in Table 8.
(2) With regard to the adjustment of invalidity grades in case there are two invalidities or more, the provision of Article 53 (2) shall apply mutatis mutandis. In this case, “disability grades” shall be read as “invalidity grades” and “disability” as “invalidity” and the disability grades 4 to 14 set forth in Table 6 shall be regarded as respective corresponding invalidity grades.
(3) If an existing invalidity is aggravated due to a new work-related injury or disease, the amount of injury-disease compensation annuity for the aggravated invalidity grade shall be calculated by subtracting the number of payment days for injury-disease compensation annuities corresponding to the existing validity grade from the number of payment days for injury-disease compensation annuities corresponding to the aggravated validity grade and then multiplying the resulting number by the average wage at the time of the payment of the annuity.

(1) The maximum and minimum amounts of funeral expenses prescribed in Article 71 (2) of the Act shall be calculated in accordance with the following classification:

1. Maximum amount of funeral expenses: The average per capita funeral expenses for 90 days paid to those entitled to funeral expenses in the previous year + the maximum standard amount of compensation for 30 days

2. Minimum amount of funeral expenses : The average per capita funeral expenses for 90 days paid to those entitled to funeral expenses in the previous year + the minimum standard amount of compensation for 30 days

(2) In calculating the maximum and minimum amounts of funeral expenses, the amount of less than ten Won shall be discarded.

(3) The application period for the maximum and minimum amounts of funeral expenses shall be from January 1 to December 31 of the following year.

(1) For the vocational rehabilitation of a person suffering from a work-related accident, the Corporation may provide psychological counseling, information necessary for vocational rehabilitation, vocational assessment in consideration of the worker’s vocational desire, skills, etc., assistance in establishing a plan to return to work or other necessary supports while or after the worker receives medical care.
(2) The Corporation may ask for cooperation in counseling, assessment or other areas from a person suffering from a work-related accident, if such cooperation is needed for providing the support for vocational rehabilitation referred to in paragraph (1).

(1) The training targets (hereinafter referred to as “training targets”) referred to in Article 72 (1) 1 of the Act shall be those who meet all of the following requirements：[Amended by Presidential Decree No. 22101, Mar. 26, 2010, Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22492, Nov. 15, 2010]
1. The person shall fall under any of the following items：
A. The person falls into any of disability grades 1 to 12；or
B. The person is under medical care due to a work-related injury or disease, and there is a medical opinion that the injury and disease, even after cured, will result in the person falling into any of disability grades 1 to 12.
2. Deleted. [Presidential Decree No. 24177, Nov. 12, 2012]
3. The person is unemployed. In this case, the scope of unemployment is defined by the Ordinance of the Ministry of Employment and Labor；[Amended by Presidential Decree No. 22269, Jul. 12, 2010]
4. The person is not receiving any other vocational training；and
5. The person has established a plan to return to work pursuant to Article 67 (1).
(2) Notwithstanding the provisions of paragraph (1) 3, if a training target who is receiving vocational training is employed during the vocational training period, he/she may be allowed to receive the vocational training until it ends, but shall not be paid vocational training allowances for the period of employment.
(3) If the training target referred to in paragraph (1) receives job-seeking benefits under the Employment Insurance Act during his/her vocational training period, he/she may be allowed to receive the vocational training, but shall not be paid vocational training allowances. [Amended by Presidential Decree No. 22101, Mar. 26, 2010]
(4) The recipients of disability benefits (hereinafter referred to as “recipients of disability benefits”) referred to in Article 72 (1) 2 of the Act shall be those who fall under subparagraph 1 of paragraph (1) when they return to the work concerned. [Amended by Presidential Decree No. 22101, Mar. 26, 2010]

“Such cases as prescribed by the Presidential Decree” in the proviso of Article 73 (2) of the Act refer to cases where a vocational training institution falls under any of the following subpargraphs with regard to vocational training for the training target concerned：[Amended by Presidential Decree No. 22356, Aug. 25, 2010]
1. Where it has received support for job adaptation training pursuant to Article 11 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled and support for vocational skills development training pursuant to Article 12 of the same Act；
2. Where it has received support for vocational skills development training pursuant to Article 29 of the Employment Insurance Act；
3. Where it has received support for vocational skills development training pursuant to Articles 11-2, 12, 15 and 17 of the Workers Vocational Skills Development Act；
4. Where the employer who intends to employ the training target has borne the vocational training costs；or
5. Where it has received support equivalent to the vocational training costs under other Acts or subordinate statutes

(1) The return-to-work subsidy referred to in Article 75 (2) of the Act shall be paid if an employer has retained a recipient of disability benefits for not less than six months since the termination of the medical care or the return-to-work date and paid resulting wages：Provided that if the recipient of disability benefits voluntarily retires less than six months after the date of medical care termination or the return-to-work date, the return-to-work subsidy until the retirement day shall be paid. [Amended by Presidential Decree No. 22101, Mar. 26, 2010]
(2) The work adaption training costs referred to in Article 75 (3) of the Act shall be paid if an employer has provided work adaption training necessary for a recipient of disability benefits to perform his/her duties or switch to other duties and meets all of the following requirements：[Amended by Presidential Decree No. 22101, Mar. 26, 2010]
1. The employer started the work adaptation training or rehabilitation exercise programs within six months after the date of medical care termination or date of return to work；
2. The employer has retained the worker for six months or more after the end of the work adaptation training or rehabilitation exercise programs：Provided that this shall not apply if the recipient of disability benefits voluntarily retires less than six months after the end of the work adaptation training or rehabilitation exercise programs
(3) The rehabilitation exercise costs pursuant to Article 75 (3) of the Act shall be paid when the employer has performed the rehabilitation exercise necessary for performing the duties or conversion to other duties for the person suffering the disability. 1. Rehabilitation exercise shall begin within 6 months from the date of medical care termination or the date of return to work; 2. From the day after the end of the rehabilitation exercise, the employer must retain employment of the person suffering the disability for at least 6 months. However, the person who has received the disability may voluntarily leave before 6 months pass from the day following the end of the rehabilitation exercise.
(4) When the date of medical care termination or date of return to work is applied, among recipients of disability benefits, those who have received disability benefits shall be subject to the date of medical care termination, and those who will obviously receive disability benefits shall be subject to the date of return to work. [Newly Inserted by Presidential Decree No. 22101, Mar. 26, 2010]

(1) “Such cases as prescribed by the Presidential Decree” in Article 75 (4) of the Act refer to cases where an employer employing a recipient of disability benefits falls under any of the following subparagraphs：[Amended by Presidential Decree No. 22101, Mar. 26, 2010]
1. Where he/she has received support under Articles 23, 27 and 32 of the Employment Insurance Act；
2. Where he/she has received employment subsidy under Article 30 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled；
3. Where he/she has received support under Article 20 (1) of the Workers Vocational Skills Development Act；or
4. Where he/she has received an amount of money equivalent to the return-to-work subsidy, work adaptation training costs or rehabilitation exercise costs under other Acts or subordinate statues
5. Deleted. [Presidential Decree No. 22101, Mar. 26, 2010]
(2) “Such cases as prescribed by the Presidential Decree, including when a disabled person is employed according to the obligation under Article 28 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled” in Article 75 (5) of the Act refer to cases where an employer employing a recipient of disability benefits falls under any of the following subparagraphs：[Newly inserted by Presidential Decree No. 22101, Mar. 26, 2010]
1. Where he/she employs a disabled person required to be employed pursuant to Article 28 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled (Only return-to-work subsidy shall not be provided)；or
2. Where in the three months before or six months after a recipient of disability benefits returns to work, he/she makes another recipient of disability benefits or a disabled person prescribed by the Act on Employment Promotion and Vocational Rehabilitation for the Disabled retire from the business for the purpose of getting return-to-work subsidy

“Each amount converted according to the methods prescribed by the Presidential Decree” in the former part of Article 76 (2) of the Act, other than each subparagraph, refers to the amount of insurance benefits referred to in each subparagraph of the same paragraph minus 2/100 of that amount. In this case, the amount of injury-disease compensation annuity shall be the amount of lump-sum disability compensation for the disability grade corresponding to the invalidity grade and the amount of disability compensation annuity shall be the amount of lump-sum disability compensation for the disability grade. [Amended by Presidential Decree No. 22101, Mar. 26, 2010]

(1) A person who is likely to be placed under additional medical care due to the development of a complication, etc. under Article 77 (1) of the Act (hereinafter referred to as “person subject to measures for prevention of a complication, etc.”) shall be one determined by the Service as requiring measures for prevention of complications, etc., subject to advice by advisory doctors or deliberation by the panel of advisory doctors under Article 43.

(2) The Service may require a person subject to measures for prevention of a complication, etc. to undergo a measure falling under any of the following subparagraphs at an industrial accident insurance-related medical institution, and reimburse expenses involved within the budgetary limits. In such cases, the expenses shall be calculated based on the standards for calculating medical care benefits under Article 40 (5) of the Act:

1. Medical examination and checkup;

2. Prescription of medicines or treatment materials;

3. Treatment other than operations, and other medical care;

4. Rehabilitative treatment;

5. Hospitalization.

(3) The standards and procedures for determinating the persons subject to measures for prevention of complications, etc., the coverage of expenses for measures under paragraph (2), and other necessary matters, shall be determined by the Service.

[This Article Newly Inserted by Presidential Decree No. 29354, Dec. 11, 2018]

(1) “The grades of disability or pneumoconiosis disability grades prescribed by the Presidential Decree” in Article 78 (1) of the Act refer to disability grades 1 to 3 as prescribed in Table 6, or pneumoconiosis disability grades 1 through 3 as shown in Table 11-2. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(2) “The special disability benefits as prescribed by the Presidential Decree” in Article 78 (1) of the Act refer to the amount calculated by subtracting the lump sum disability compensation (in the case of pneumoconiosis compensation annuities recipients, referring to the lump-sum disability compensation corresponding to the same disability grade of the pneumoconiosis disability grade concerned) referred to in Article 57 of the Act from the amount calculated by multiplying 30 days of average wages by the rate of work ability loss for each disability grade or pneumoconiosis disability grade shown in Table 9 and by Leibniz’s coefficient corresponding to the period to be employed as prescribed in Table 11. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]
(3) The period to be employed in the future under paragraph (2) shall be from the date of the determination of disability grades, etc., to the day when the person reaches the mandatory retirement age set by the collective agreements or the employment rules. In this case, if the collective agreements or the employment rules do not provide for a mandatory retirement age, sixty years of age shall be considered as the mandatory retirement age. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]

(1) "Special survivors' benefits prescribed by Presidential Decree" in Article 79 (1) of the Act refer to the amount obtained by subtracting living costs of the deceased person (referring to the amount calculated by multiplying 30 days of his/her average wage by the rate of his/her living costs set forth in attached Table 10) from his/her average wage for 30 days and then subtracting the lump-sum survivors' compensation benefits referred to in Article 62 of the Act from the amount obtained by multiplying the Leibniz's coefficient corresponding to the number of employable months set forth in attached Table 11.

(2) Article 73 (3) shall apply mutatis mutandis to the calculation of the number of employbale months referred to in paragraph (1). In such cases, the "date of determination of a disability grade" shall be construed as the "date of death."

(1) An insurance subscriber may, upon receiving a payment notice on special disability benefits or special survivors benefits pursuant to Articles 78 (3) and 79 (2) of the Act, pay them in four equal installments over the course of one year.
(2) If special disability benefits or special survivors benefits are paid in installments pursuant to paragraph (1), the first installment shall be paid by the end of the quarter in which the payment thereof is notified, and thereafter the remaining installments by the end of respective quarters.

(1) The "amount calculated by converting money or valuables so received according to the method determined by Presidential Decree" in the main sentence of Article 80 (3) of the Act refers to the amount of insurance benefits corresponding to the number of days obtained by dividing money or valuables received by the average wage at the time of calculation of the damages: Provided, That if money or valuables received are medical care, the amount shall be that spent for the medical care.
(2) In application of the provisions of paragraph (1), if the insurance benefits to be paid to an entitled person are pneumoconiosis compensation annuities, pneumoconiosis survivors annuities, survivors compensation annuities or wage replacement benefits, the number of days obtained by dividing the pneumoconiosis compensation annuities, pneumoconiosis survivors annuities, survivors compensation annuities or wage replacement benefits by the average wages (the minimum wage in the case of the wage replacement benefits referred to in Article 54 (2) and 56 (2) of the Act) at the time of the calculation of the insurance benefits concerned shall be considered as the number of payment days for the insurance benefits and the average wages as the daily amount of the insurance benefits. [Amended by Presidential Decree No. 22492, Nov. 15, 2010]

The provisions of Article 65 (1), (2) and (4) shall apply mutatis mutandis to decisions on a person with the right to claim any unpaid insurance benefits as prescribed in Article 81 of the Act.

(1) “a tele-communications error or other unavoidable reasons prescribed by Presidential Decree” under the proviso of Article 82 (2) refers to a person to whom any of the following subparagraphs apply:
1. When financial institutions where an insurance benefits account pursuant to Article 82 (2) (hereinafter referred to as insurance benefits account) is opened find it impossible to continue business as usual due to closure, suspension of operation, or tele-communications error, etc. and are not able to transfer the insurance benefits to the insurance benefits account;
2. Other situations recognized by the Minister of Employment and Labor where it is impossible to transfer insurance benefits to the insurance benefits account within fourteen days after the payment thereof is decided.
(2) The Corporation may pay in cash directly when it is impossible to transfer insurance benefits to the insurance benefits account pursuant to the proviso of Article 82 (2) of the Act.
(3) The Corporation shall inform recipients that they may receive the insurance benefits through an insurance benefits account when they apply for it according to Article 82 (2) of the Act.
<This Article Newly Inserted by Presidential Decree No. 29354, Dec, 11, 2018>

(1) If a person entitled to insurance benefits falls under Article 83 (1) 1 of the Act, the Corporation shall not pay him/her an amount equivalent to 20 days (if the period until the occurrence of reasons for the payment is less than 20 days, that period) of the wage replacement benefits or injury-disease compensation annuities whose reason for payment occurs after the decision to restrict the payment of insurance benefits has been made.
(2) If a person entitled to disability compensation annuities or pneumoconiosis compensation annuities falls under Article 83 (1) 2 of the Act, the Corporation shall pay his/her disability benefits in accordance with the following subparagraphs：[Amended by Presidential Decree No. 22492, Nov. 15, 2010]
1. If the state of disability has worsened compared with the previous disability grades, etc., the Corporation shall pay disability compensation annuities or pneumoconiosis compensation annuities corresponding to the previous disability grades, etc.；or
2. If it was confirmed by medical opinions, etc., that the state of disability had improved compared with the previous disability grades, etc. but the state of disability has worsened before the redetermination of disability grades, etc., the Corporation shall pay disability benefits or pneumoconiosis compensation annuities corresponding to the improved disability grades, etc.

Cases under Article 84-2 (2) of the Act where “inclusion on the list to be disclosed is not practicable due to cases determined by Presidential Decree such as the death of a fraudulent recipient or a person taking joint responsibility, etc.” refer to cases that fall under any of the following subparagraphs:
1. Where fraudulent recipients pursuant to the former part of Article 82-2 (1) of the Act or a person taking joint responsibility in the latter part of the same Article have died;
2. Where fraudulent recipients pursuant to the former part of Article 82-2 (1) of the Act or a person taking joint responsibility in the latter part of the same Article makes payment equal to 30/100 of the amount that the Corporation shall collect pursuant to the Article 84 (1) of the Act;
3. Where the Corporation, as authorizing rehabilitation plans pursuant to Article 243 of the Debtor Rehabilitation and Bankruptcy Act is determined , defers collection of the amount to be collected pursuant to Article 84 (1) of the Act and in the period of deferment, or where payment is made according to the payment schedule in the revitalization plan.
4. Where the Corporation recognizes, pursuant to the former part of Article 84-2 (1) of the Act, that it is inappropriate or not practicable to include in the list to be disclosed of fraudulent recipients due to the state of his/her assets, whether he/she is a minor or other circumstances.
<This Article Inserted by Presidential Decree No. 29354, Dec. 11, 2018>

(1) When the Corporation has decided to collect any undue gains as prescribed in Article 84 of the Act, it shall notify without delay the person liable for the payment that he/she should pay such amount.
(2) The person who receives the notification under paragraph (1) shall pay the amount within thirty days after receiving the notification.

(1) When the Corporation appropriates insurance benefits, medical expenses and medicine expenses pursuant to Article 86 of the Act, the maximum appropriation limit shall be as follows：[Amended by Presidential Decree No. 22269, Jul. 12, 2010]
1. If there are any insurance benefits to be paid to a person who has taken undue gains pursuant to Article 84 (1) of the Act, the maximum appropriation limit shall be 1/10 of the insurance benefits to be paid：Provided that if the person entitled to the insurance benefits agrees in writing to have more than 1/10 of the insurance benefits appropriated, under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor, it shall be the agreed amount；
2. If a person who has taken undue gains pursuant to Article 84 (1) of the Act or a person held jointly responsible pursuant to paragraph (2) of the same Article is an insurance subscriber, the maximum appropriation limit shall be the amount of insurance benefits (including the subrogated amount, in case the insurance subscriber has subrogated the right to receive insurance benefits pursuant to Article 89 of the Act) to be paid to the insurance subscriber；
3. If there is any medical expenses to be paid to an industrial accident insurance-related medical institution held jointly responsible pursuant to Article 84 (2) of the Act, the maximum appropriation limit shall be an amount equivalent to the medical expenses；or
4. If there are any medical expenses or medicine expenses to be paid to an industrial accident insurance-related medical institution or a pharmacy which has taken undue gains pursuant to Article 84 (3) of the Act, the maximum appropriation limit shall be an amount equivalent to the medical expenses or medicine expenses
(2) If the Corporation intends to make an appropriation pursuant to paragraph (1), it shall hear opinions from the person entitled to insurance benefits, insurance subscriber, industrial accident insurance-related medical institution or pharmacy and once it has decided to appropriate, shall inform without delay the person entitled to insurance benefits, insurance subscriber, industrial accident insurance-related medical institution or pharmacy of this.

“the amount prescribed by Presidential Decree” under Article 88 (3) refers to the whole amount deposited in the insurance benefits account pursuant to Article 82 (2).

If a person entitled to insurance benefits receives damages from a third person, the provisions of Article 76 shall apply mutatis mutandis with regard to the method of converting the damages into an amount in which insurance benefits are not paid pursuant to the proviso of Article 87 (2) of the Act.

(1) If an insurance subscriber (including subcontractors referred to in subparagraph 5 of Article 2 of the Insurance Premium Collection Act；hereinafter in this Article, the same shall apply) intends to receive insurance benefits by exercising by proxy the right of a person entitled to insurance benefits pursuant to Article 89 of the Act, he/she shall file the claim with the Corporation, together with documents certifying the fact that he/she has paid the entitled person money or other valuable goods equivalent to the insurance benefits for the same cause as insurance benefits should be paid under the Act.
(2) If an insurance subscriber files a claim to receive insurance benefits by exercising by proxy the right pursuant to paragraph (1), the Corporation shall check whether the person entitled to the insurance benefits has received money or other valuable goods equivalent to the amount of insurance benefits concerned.
(3) If an insurance subscriber has provided a person entitled to insurance benefits with money or other valuable goods equivalent to his/her disability benefits or survivors’ benefits pursuant to Article 89 of the Act, he/she shall be considered to have been provided money or other valuable goods equivalent to the lump sum disability compensation or lump sum survivors compensation.

(1) The Corporation shall, when paying insurance benefits, prepare and keep a benefit ledger by worker who has received the benefits.
(2) The Corporation shall, at the request of a person related to insurance benefits, allow him/her to inspect the benefit ledger and if necessary, may issue a certificate.