Article 91-2 (Criteria for Recognizing Pneumoconiosis as Work-related Accidents)

If a worker, performing ‘dust work’ that might cause pneumoconiosis to the workers engaged therein such as handling earth rocks, rocks, minerals, or glass fiber as prescribed by Ordinance of the Ministry of Employment and Labor (hereinafter referred to as “dust work”), contracts pneumoconiosis；it shall be considered as a work-related accident pursuant to item A of article 37 (1) 2. [Amended by Act No. 10339, Jun. 4, 2010]
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Article 91-3 (Pneumoconiosis Compensation Annuity)

(1) A Pneumoconiosis Compensation Annuity shall be paid to workers suffering from work-related pneumoconiosis (hereinafter referred to as the “pneumoconiosis worker”).
(2) Pneumoconiosis Compensation Annuity is the sum total of ‘basic annuity’ and ‘Pneumoconiosis Disability Annuity’ which shall be determined by the corresponding pneumoconiosis disability grade shown in the Table Six and the average wage as prescribed by Article 5 (2), and Article 36 (6). In this case, the basic annuity shall be computed by multiplying 60/100 of the minimum wage by 365.
(3) In cases where the pneumoconiosis disability grade of a worker with pneumoconiosis, who used to receive pneumoconiosis compensation annuity, changes；a new pneumoconiosis compensation annuity shall apply from the following month of the grade change, by adding the basic annuity to the revised pneumoconiosis disability annuity which corresponds to the new disability grade.
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Article 91-4 (Pneumoconiosis Survivors Annuity)

(1) Pneumoconiosis Survivors Annuity shall be paid to the bereaved family members when the pneumoconiosis worker passes away from pneumoconiosis.
(2) The actual amount of the Pneumoconiosis Survivors Annuity shall be equal to the Pneumoconiosis Compensation Annuity that has been paid to the pneumoconiosis worker at the time of his/her death or of which the payment has been confirmed at the time of his/her death. The pneumoconiosis survivors annuity shall not exceed the survivors compensation annuity under Article 62 (2) and Table 3.
(3) In the event that a worker dies of work-related pneumoconiosis but had not been diagnosed with pneumoconiosis as prescribed by Article 91-6, the pneumoconiosis survivors annuity shall be the total sum of the ‘basic annuity’ as defined in Article 91-3 (2) and the ‘pneumoconiosis disability annuity’ as shown in Table Six which is determined by the corresponding pneumoconiosis disability grade in accordance with Article 91-8 (3).
(4) Article 63 and 64 shall also apply mutatis mutandis to the scope of kinship, order of priority, disqualification, payment suspension, etc. of the pneumoconiosis survivors annuity. In this case, ‘survivors compensation annuity’ shall be read as ‘pneumoconiosis survivors annuity.’
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Article 91-5 (Request of Medical Care Benefits, etc. for Pneumoconiosis)

(1) In cases where a worker who either engages in or used to perform ‘dust work’ desires to receive medical care benefits and/or the pneumoconiosis compensation annuity for his/her work-related pneumoconiosis；he/she shall make a request for payment to the Corporation with all documents attached as prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) Once the (Corporation’s) decision of payment or non-payment of medical care benefits, etc., is delivered in accordance with Article 91-8 (2) to the person who made a request for the medical care benefits, etc. pursuant to paragraph 1, additional request for the payment of medical care benefits, etc. shall be made after a full year has passed since the issuance of the diagnosis pursuant to Article 91-6 or after the completion of medical care services. Notwithstanding the above, with the presentation of professional medical opinion issued by Health Examination Service Institutes in accordance with article 91-6 (1), which confirms the need for emergency diagnosis due to complications [as defined under subparagraph 2 of Article 2 of the ‘Act on the Prevention of Pneumoconiosis and Protection, Etc. of Pneumoconiosis Workers’, hereinafter “the Protection Act for Pneumoconiosis Workers”, and the same shall apply thereafter] or severe cardiopulmonary disability, etc., payment of medical care benefits can be claimed before the full year time lapse.
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Article 91-6 (Diagnosis of Pneumoconiosis)

(1) Upon receiving the medical care benefit payment request made by a worker in accordance with Article 91-5, the Corporation shall request the Health Examination Service Institutes (hereinafter “health examination service”) as prescribed under Article 15 of the Protection Act for Pneumoconiosis Workers, to conduct the necessary medical examination for confirming pneumoconiosis pursuant to Article 91-8.
(2) The health examination service shall conduct the necessary medical examination for diagnosis of pneumoconiosis as prescribed by Ordinance of the Ministry of Employment and Labor upon being asked to do so in accordance with paragraph (1), and shall submit the examination results to the Corporation. [Amended by Act No. 10339, Jun. 4, 2010]
(3) Provided that the worker concerned has duly completed health examination pursuant to Article 11 through 13 of the Pneumoconiosis Workers’ Protection Act；the Chest X-ray photograph, etc. submitted to the Minister of Employment and Labor by the Health Examination Service pursuant to the latter part of Article 16 (1) and (3) of the Protection Act for Pneumoconiosis Workers, shall be considered to qualify a legitimate request for payment of the medical care benefits, etc. as well as the diagnosis result report in accordance with Article 91-5 (1), (2). [Amended by Act No. 10339, Jun. 4, 2010]
(4) The Corporation shall compensate the Health Examination Service, which has conducted the medical examination pursuant to paragraph (2), for the examination expenses. Article 40 (5) and Article 45 shall apply mutatis mutandis to the criteria for determining the amount of compensation and claims for such compensation, etc.
(5) A health examination allowance, whose value shall be determined and pronounced by the Minister of Employment and Labor, might be paid to a worker receiving a medical examination in accordance with paragraph (2)：Provided that those who have been receiving a disability compensation annuity or a pneumoconiosis compensation annuity shall not be entitled to such allowances. [Amended by Act No. 10339, Jun. 4, 2010]
(6) Matters concerning medical examination requests, submission of examination results, and detailed procedures for payment of the medical examination allowance, etc., under paragraphs (1), (2), (5), shall be specified by Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Article 91-7 (Pneumoconiosis Examination Council)

(1) A Pneumoconiosis Examination Council (hereinafter “Pneumoconiosis Examination Council”, or “the Council”), comprised of relevant experts, etc. shall be established within the Corporation in order to assess the type of pneumoconiosis or complication, etc., based on medical examination results delivered in accordance with Article 91-6.
(2) Necessary matters concerning the composition of the Council members, operation of the Council and other things shall be defined in Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Article 91-8 (Determination of Pneumoconiosis and Insurance Benefits Payment, Etc.)

(1) Upon receiving the results of a medical examination as prescribed in Article 91-6, the Corporation shall deliberate on and determine the pneumoconiosis type and spectrum；the presence of complications and the subsequent type；the level of cardiopulmonary function, etc. of the worker concerned after the Council’s assessment (hereinafter “pneumoconiosis judgement”). In this case, necessary criteria for pneumoconiosis judgement shall be established by Presidential Decree.
(2) The Corporation shall make the subsequent decision to approve or deny payment of the medical care benefits and determine the pneumoconiosis disability grade and the corresponding entitlement or non-entitlement to a pneumoconiosis compensation annuity for the worker concerned, etc. based on the pneumoconiosis judgement of paragraph (1). In this case, the criteria for determining pneumoconiosis disability grade and for qualification of medical care recipients concerning complications and etc., shall be defined by Presidential Decree.
(3) In cases where it is not feasible to determine the level of cardiopulmonary function of a pneumoconiosis worker due to complication and other reasons；notwithstanding the criteria for pneumoconiosis disability grade in paragraph (2)；the Corporation shall determine the pneumoconiosis disability grade taking into account the type and spectrum of his/her pneumoconiosis. In this case, the criteria for determining pneumoconiosis disability grade shall be established by Presidential Decree.
(4) When the Corporation delivers its decision on whether or not to pay the insurance benefits, etc. in accordance with paragraphs (2) and (3), it shall inform the fact to the worker concerned.
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Enforcement Ordinance

Article 91-10 (Recognition of Pneumoconiosis-led Death, and Etc)

If a worker who used to perform and/or has been engaged in dust work, is deemed to have died due to pneumoconiosis, complications, or other pneumoconiosis- related causes；it shall count as a work-related accident. In this case, matters to be considered before confirming death from pneumoconiosis shall be defined by Presidential Decree.
[This Article Newly Inserted by Act No. 10305, May 20, 2010]

Enforcement Ordinance

Article 91-11 (Identification of Causes of Pneumoconiosis-led Death, and Etc.)

(1) Where it is difficult to confirm the cause of death of an employee who engages or has engaged in dust work, the survivor of such employee may request for the dissection of the body of the relevant employee, accompanying a written agreement on the dissection of the body, to the medical institution designated by the Service from among industrial accident insurance-related medical institutions with pathological specialists, in order to confirm whether the relevant employee has died of pneumoconiosis, etc. In such cases, the medical institution shall conduct the dissection of the body, notwithstanding Article 2 of the Act on Dissection and Preservation of Corpses.

(2) The Service may subsidize all or part of the expenses to the medical institution or survivor conducting the dissection pursuant to paragraph (1). In such cases, matters on the payment criteria for expenses, submitting accompanying documents, and other procedures for the subsidy of the expenses, shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted on May 20, 2010]