Article 1 (Purpose)

The purpose of this Act is to compensate workers rapidly and fairly for their work-related accidents by carrying out industrial accident compensation insurance activities, to establish and operate insurance facilities to promote the rehabilitation of accident victims and their return to society, and to contribute to the protection of workers by preventing accidents and carrying out other projects for promoting workers’ welfare.

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Article 2 (Management of Insurance and Insurance Year)

(1) The industrial accident compensation insurance activities (hereinafter referred to as “insurance activities”) prescribed by this Act shall be managed by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The insurance year for the insurance activities prescribed by this Act shall be the same as the fiscal year of the Government.

Article 3 (Finance and Support from the State)

(1) The State shall pay the expenses required for executing affairs about insurance activities from the general account within the limits of its budget every fiscal year.
(2) The State may support part of the expenses required for insurance activities within the limits of its budget every fiscal year.

Article 4 (Insurance Premiums)

The premiums and other charges to be collected to finance the expenses required for insurance activities under this Act shall be subject to the conditions prescribed by the Act on the Collection, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as “the Insurance Premium Collection Act”)

Article 5 (Definition)

The terms used in this Act are defined as follows:

1. The term "occupational accident" means any injury, disease, disability or death of an employee which is caused by an occupational reason;

2. The terms "employee", "wage", "average wage", and "ordinary wage" mean such "employee", "wage", "average wage", and "ordinary wage", respectively as defined in the Labor Standards Act: Provided, That where it is deemed difficult to determine a "wage" or "average wage" pursuant to the Labor Standards Act, the amount determined and publicly notified by the Minister of Employment and Labor shall be the relevant "wage" or "average wage";

3. The term "survivor" means a spouse (including a person who is in a de facto marital relationship; the same shall apply hereinafter), children, parent, grandchild, grandparent, brother, or sister of the deceased person;

4. The term "cure" means reaching a state in which an injury or disease has been completely cured or there are no further expected effects of treatment with its symptoms remaining unchanged;

5. The term "disability" means a state in which an injury or disease has been cured, but the ability to work has been lost or diminished due to mental or physical damage;

6. The term "invalidity" means a state in which the ability to work has been lost or diminished due to mental or physical damage caused by an occupational injury or disease, which remains uncured;

7. The term "pneumoconiosis" means a lung disease, the main symptom of which is fibroplastic proliferation caused by the inhalation of dust particles;

8. The term "commuting" means a movement between a residence and a place of employment or from one place of employment to another place of employment in relation with employment.

Article 6 (Scope of Application)

This Act shall apply to businesses or workplaces employing workers (hereinafter referred to as “businesses”)：Provided that this Act shall not apply to the businesses determined in the Presidential Decree in consideration of their hazard rate, size, location, etc.

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Article 7 (Establishment and Termination of Insurance Relationship)

The establishment and termination of insurance relationships under this Act shall be subject to the provisions of the Insurance Premium Collection Act.
Article 8 (Deliberation Committee on Industrial Accident Compensation Insurance and Prevention)
(1) In order to deliberate important matters concerning industrial accident compensation insurance and prevention, the Deliberation Committee on Industrial Accident Compensation Insurance and Prevention (hereinafter referred to as the “Committee”) shall be established in the Ministry of Employment and Labor. [Amended by Act No. 9794, Oct. 9, 2009 and Act No. 10339, Jun. 4, 2010]
(2) The Committee shall be composed of members representing workers, employers and public interests, but the number of members representing each section shall be equal.
(3) For the purpose of examining the matters to be deliberated, and assisting the deliberation of the Committee, an expert committee may be established in the Committee. [Amended by Act No. 9794, Oct. 9, 2009]
(4) Necessary matters concerning the organization, functions and operation of the Committee and an expert committee shall be prescribed by the Presidential Decree. [Amended by Act No. 9794, Oct. 9, 2009]
[Title of this Article Amended by Act No. 9794, Oct. 9, 2009]

Article 8 (Industrial Accident Compensation Insurance and Prevention Deliberation Committee)

(1) In order to deliberate on important matters concerning industrial accident compensation insurance and the prevention of industrial accidents, there shall be established an Industrial Accident Compensation Insurance and Prevention Deliberation Committee (hereinafter referred to as the "Committee") in the Ministry of Employment and Labor.

(2) The Committee shall be comprised of the same number of members representing employees, employers, and public interest, respectively.

(3) For the purposes of examining matters deliberated by the Committee and assisting in the deliberation procedures thereof, there may be established expert committees in the Committee.

(4) Matters necessary for the organization, functions, and operation of the Committee and the expert committees shall be determined by Presidential Decree.

[Title Amended on Oct. 9, 2009]

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Article 9 (Survey and Research on Insurance Activities)

(1) The Minister of Employment and Labor may conduct a survey or research in order to effectively manage and operate insurance activities. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor may, if deemed necessary, have some of the works referred to in paragraph (1) conducted by those prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

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Article 10 (Establishment of Korea Workers’ Compensation & Welfare Service)

In order to efficiently carry out activities aimed at attaining the purpose prescribed in Article 1 under the entrustment of the Minister of Employment and Labor, the Korea Workers’ Compensation & Welfare Service (hereinafter referred to as the “Corporation”) shall be established. [Amended by Act No. 10339, Jun. 4, 2010]

Article 11 (Activities of Corporation)

(1) The Corporation shall carry out the activities described in any of the following subparagraphs：[Amended by Act No. 9988, Jan. 27, 2010 and Act No. 13045, Jan. 20, 2015]
1. Management and maintenance of records on insurance subscribers and entitled beneficiaries；
2. Collection of premiums and other charges under the Insurance Premium Collection Act；
3. Decision on and payment of insurance benefits；
4. Review and decision on a request for examination on decisions, etc., of insurance benefits；
5. Establishment and operation of industrial accident compensation insurance facilities；
5-2. Medical care and rehabilitation for workers, etc., who have a work-related accident；
5-3. Research and development, testing and supply of rehabilitation equipment and assistive devices；
5-4. Research on occupational disease for disclosure of insurance benefit and payment thereof
5-5. Prevention programs including a medical examination necessary to maintain and improve employees’ health, etc.
6. Activities aimed at improving the welfare of workers；
7. Other activities entrusted by the Government；
8. Activities incidental to those as referred to in subparagraphs 5, 5-2, 5-3, 6 and 7.
(2) The Service may establish and operate medical institutions, research institutes, etc. to carry out projects referred to in paragraph (1) 5-2, 5-3, 5-4, and 5-5. [Newly Inserted by Act No. 9988, Jan. 27, 2010 and Amended by Act No. 13045, Jan. 20, 2015]
(3) In order to give advice necessary for carrying out the activities under paragraph (1) 3, an insurance benefit advisory committee composed of relevant experts may be set up in the Corporation. [Amended by Act No. 9988, Jan. 27, 2010]
(4) Necessary matters concerning the composition and operation of the insurance benefit advisory committee under paragraph (3) shall be determined by the Corporation. [Amended by Act No. 9988, Jan. 27, 2010]
(5) Government may make an contribution for the necessary matters regarding the business management and operation of the Service. [Newly Inserted by Act No. 13045, Jan. 20, 2015]

Article 12 (Legal Personality)

The Corporation shall be a juristic person.

Article 13 (Office)

(1) The location of the principal office of the Corporation shall be prescribed by its bylaws.
(2) The Corporation may, if necessary, establish a branch office under the conditions as prescribed by its bylaws.

Article 14 (Bylaws)

(1) The bylaws of the Corporation shall include the matters described in any of the following subparagraphs：
1. Objectives；
2. Title；
3. Matters concerning its principal and branch offices；
4. Matters concerning its officers and employees；
5. Matters concerning its board of directors；
6. Matters concerning its activities；
7. Matters concerning its budget and settlement of accounts；
8. Matters concerning its assets and accounting；
9. Matters concerning changes in its bylaws；
10. Matters concerning the enactment, revision and repeal of its internal regulations；
11. Matters concerning public notice.
(2) The bylaws of the Corporation shall be authorized by the Minister of Employment and Labor. This provision shall also apply in case where it is intended to modify them. [Amended by Act No. 10339, Jun. 4, 2010]

Article 15 (Registration of Establishment)

The Corporation shall come into existence by registering its establishment in the area where its principal office is located.

Article 16 (Officers)

(1) The officers of the Corporation shall be fifteen or less directors, including a president and four standing directors, and an auditor. [Amended by Act No. 9988, Jan. 27, 2010]
(2) The appointment and removal of the president, standing directors and auditor shall be subject to Article 26 of the Act on the Management of Public Institutions. [Amended by Act No. 9988, Jan. 27, 2010]
(3) Non-standing directors (excluding those appointed as ex-officio non-standing directors pursuant to paragraph (4)) shall be appointed by the Minister of Employment and Labor from among those who fall under any of the following subparagraphs pursuant to Article 26 (3) of the Act on the Management of Public Institutions. In this case, the number of non-standing directors falling under subparagraphs 1 and 2 shall be equal unless no person is recommended by either the labor union or the employers’ organization：[Newly Inserted by Act No. 9988, Jan. 27, 2010, and Amended by Act No. 10305, May 20, 2010 and Act No. 10339, Jun. 4, 2010]
1. A person recommended by a labor union which is a confederation；
2. A person recommended by an employers’ organization with nationwide representation；
3. A person with plenty of knowledge and experience in social insurance or labor welfare projects, who is recommended by the executive recommendation committee under Article 29 of the Management of Public Institutions.
(4) Those who shall be appointed as ex-officio non-standing directors are described in the following subpargraphs：[Newly Inserted by Act No. 9988, Jan. 27, 2010, and Amended by Act No. 10339, Jun. 4, 2010]
1. One person designated by the Minister of Strategy and Finance from among public officials of Grade III in charge of budget for the Corporation in the Minister of Strategy and Finance or general public officials belonging to the Senior Civil Service；
2. One person designated by the Minister of Employment and Labor from among public officials of grade III in charge of the work of industrial accident compensation insurance in the Ministry of Employment and Labor or general public officials belonging to the Senior Civil Service.
(5) The non-standing directors shall not be paid any remuneration：Provided that they may be paid the actual expenses needed for performing their duties. [Amended by Act No. 9988, Jan. 27, 2010]

Article 17 (Term of Office for Officers)

The president shall serve for a term of three years and the directors and auditor for a term of two years, which may be renewed for one year at a time. [Amended by Act No. 9988, Jan. 27, 2010]

Article 18 (Duties of Executive Officers)

(1) The president shall represent the Service and exercise general supervision over its affairs.

(2) The standing directors shall take partial charge of the Service's affairs as prescribed by the articles of incorporation, and, when the president is unable to perform his or her duties due to any unavoidable reason, they shall act on behalf of him or her in such order as determined by the articles of incorporation.

(3) The auditor shall audit affairs and accounts of the Service.

Article 19 (Grounds for Disqualification and Compulsory Resignation of Officers)

A person who falls under any of the following subparagraphs shall not be able to become an officer of the Corporation：
1. A person who falls within the grounds for disqualification prescribed in each subparagraph of Article 33 of the State Public Official Act；
2. A person who falls under Article 34 (1) 2 of the Act on the Management of Public Institutions.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]

Article 20 (Removal of Officers)

The removal of an officer shall be subject to Articles 22 (1), 31 (6), 35 (2) and (3), 36 (2) and 48 (4) and (8) of the Act on the Management of Public Institutions.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]

Article 21 (Restriction on Holding Concurrent Offices by Executive Officers or Employees)

(1) No standing officer or employee of the Service shall engage in any profit-making business, other than within the scope of their duties.

(2) Where any standing officer receives permission from the person who holds the power to appoint or recommend him or her under Article 26 of the Act on the Management of Public Institutions and where any employee who receives permission from the president, such standing officer or employee may concurrently hold a post in a non-profit business.

(3) No incumbent or former executive officer or employee of the Service shall divulge confidential information that they have learned in the course of performing their duties.

Article 22 (Board of Directors)

(1) In order to deliberate and decide on the matters prescribed in each subparagraph of Article 17 (1) of the Act on the Management of Public Institutions, the board of directors shall be set up.
(2) The board of directors shall be composed of directors including the president.
(3) The president shall chair the board of directors.
(4) The board of directors shall be convened at the request of its chair or one third or more of the current directors, and make a decision with the approval of a majority of the current directors.
(5) The auditor may attend a meeting of the board of directors and state his/her opinions.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]

Article 23 (Appointment and Dismissal of Employees and Selection of Representative)

(1) The chairman shall appoint and dismiss employees of the Corporation under the conditions as prescribed by its bylaws.
(2) The chairman may select a representative who has the authority to conduct any judicial or extra judicial act related to affairs of the Corporation, from among the employees, under the conditions as prescribed by the bylaws.

Article 24 (Fiction as Public Official in Application of Penal Provisions)

The officers and employees of the Corporation shall be considered as public officials in applying penal provisions pursuant to Articles 129 through 132 of the Criminal Act.

Article 25 (Direction and Control of Affairs)

(1) The Service shall obtain the approval of the Minister of Employment and Labor on its operational plan and budget for each fiscal year, as prescribed by Presidential Decree.

(2) The Service shall report the actual results of business and the settlement of accounts to the Minister of Employment and Labor within two months from the end of each fiscal year.

(3) The Minister of Employment and Labor may order the Service to report on its business, or inspect the state of its projects or property, and if deemed necessary, may take supervisory measures, such as instructing to amend its articles of incorporation.

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Article 26 (Accounting of Corporation)

(1) The fiscal year of the Corporation shall be the same as that of the Government.
(2) The Corporation shall account for insurance activities separately from its other activities.
(3) The Corporation shall set accounting rules with the approval of the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 26-2 (Income of the Corporation)

Income of the Corporation is as follows:
1. Contributions or donations from the Government or persons other than the Government;
2. Income and incidental income from activities of the Corporation under Article 11;
3. Funds borrowed and brought for supplementation under Article 27;
4. Surpluses under Article 28;
5. Other income.

Article 27 (Borrowing, etc. of Funds)

(1) If it is required for the activities prescribed in Article 11, the Corporation may borrow funds (including borrowing from international organizations, foreign governments or foreigners) with the approval of the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) If the expenditure exceeds the revenue in connection with insurance activities for each fiscal year, the Corporation may bring in funds from the Industrial Accident Compensation Insurance and Prevention Fund under Article 95 with the approval of the Minister of Employment and Labor, within the limits of the legal liability reserve prescribed in Article 99, to finance the shortfall. [Amended by Act No. 10339, Jun. 4, 2010]

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Article 29 (Delegation and Entrustment of Authority or Work)

(1) The authority of the president of the Corporation under this Act may be partially delegated to the head of its branch office (hereinafter referred to as “affiliate organization”) under the conditions prescribed in the Presidential Decree.
(2) The work of the Corporation under this Act may be partially entrusted to a postal service agency or financial institution under the conditions prescribed in the Presidential Decree.

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Article 30 (Collection of Fees, etc.)

With respect to the activities prescribed in Article 11, the Corporation may have beneficiaries pay the expenses needed for its activities, such as charges for the use of the Corporation’s facilities, fees for the entrustment of affairs, etc., with the approval of the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 31 (Request for Provision of Materials)

(1) The Service may, if necessary for the efficient performance of the insurance business, request any relevant administrative agency, such as the Korea Disease Control and Prevention Agency, the National Tax Service and a local government, or any institution, organization, etc. related to the insurance business to provide necessary materials.

(2) No relevant administrative agency, institution, organization, etc. which is requested to provide materials under paragraph (1) may refuse such request without good cause.

(3) Fees or usage fees shall be exempted for the materials provided to the Service pursuant to paragraph (1).

Article 31-2 (Data Matching of Computerized Information on Family Relationship Registration)

To process the following affairs, the Service may perform data matching (including the processing defined in subparagraph 2 of Article 2 of the Personal Information Protection Act) of computerized information data referred to in Article 9 (1) of the Act on the Registration of Family Relationships according to the Electronic Government Act:

1. Verification of the survival of the a beneficiary of medical care benefits referred to in Article 40;

2. Verification of the survival of a beneficiary of temporary layoff benefits referred to in Article 52;

3. Verification of the survival of a beneficiary of disability benefits referred to in Article 57;

4. Verification of the survival of a beneficiary of nursing benefits referred to in Article 61;

5. Verifying the eligibility of a beneficiary of survivors' benefits referred to in Article 62;

6. Verifying the survival of a beneficiary of injury and disease compensation pension referred to in Article 66;

7. Verification of the survival of a beneficiary of vocational rehabilitation benefits referred to in Article 72;

8. Verification as to whether a person is a survivor of a beneficiary to the payments of unpaid insurance benefits referred to in Article 81;

9. Verification of the survival of a beneficiary of pneumoconiosis compensation annuities referred to in Article 91-3 and of the eligibility for pneumoconiosis survivors’ annuities referred to in Article 91-4;

(2) Where the Service requests data matching of computerized information data under paragraph (1), the Minister of the National Court Administration shall take measures necessary for data matching.

(3) No one shall use or utilize computerized information data subject to data matching under paragraph (1) for any purpose other than intended.

[This Article Newly Inserted on Jan. 26, 2021]

Article 32 (Investment, etc.)

(1) The Service may, if necessary for the efficient performance of its business, make an investment in or contribution to projects pursuant to Article 11 (1) 5, 5-2, 5-3, 5-4, 5-5, 6 and 7. [Amended by Act No. 9988, Jan. 27, 2010 and Act No. 13045, Jan. 20, 2015]
(2) Necessary matters concerning the investment and contribution referred to in paragraphs (1) shall be prescribed by the Presidential Decree.

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Article 33 Deleted. [Act No. 9988, Jan. 27, 2010]

Article 34 (Prohibition of Use of Similar Title)

No person other than the Corporation shall use as his/her title the Korea Workers’ Compensation & Welfare Service or any similar term thereto.
[This Article Wholly Amended by Act No. 9988, Jan. 27, 2010]

Article 35 (Mutatis Mutandis Application of Civil Act)

Except as otherwise provided in this Act and the Act on the Management of Public Institutions, the provisions of the Civil Act concerning foundations shall apply mutatis mutandis with regard to the Corporation. [Amended by Act No. 9988, Jan. 27, 2010]

Article 36 (Categories of Insurance Benefits and Standards for their Calculation)

(1) The types of insurance benefits shall be as follows: Provided, That the types of insurance benefits for pneumoconiosis shall be medical care benefits under subparagraph 1, nursing benefits under subparagraph 4, funeral expenses under subparagraph 7, vocational rehabilitation benefits under subparagraph 8, pneumoconiosis compensation annuity under Article 91-3 and pneumoconiosis survivors’ annuity under Article 91-4:

1. Medical care benefits;

2. Temporary layoff benefits;

3. Disability benefits;

4. Nursing benefits;

5. Survivors' benefits;

6. Injury and disease compensation pensions;

7. Funeral expenses;

8. Vocational rehabilitation benefits.

(2) The insurance benefits referred to in paragraph (1) shall be paid upon request from any person entitled to such insurance benefits pursuant to Articles 40, 52 through 57, 60 through 62, 66 through 69, 71, 72, 91-3, and 91-4 (hereinafter referred to as "beneficiary").

(3) In calculating insurance benefits, the average wage shall be increased or decreased every year in conformity with the fluctuation rate of the average amount of the entire employees' wages after one year from the date when the ground for calculating the average wage of the relevant employee occurs, and the average wage shall increase or decrease every year in conformity with the fluctuation rate of consumer price index after the relevant employee attains the age of 60 years: Provided, That the insurance benefits for employees with pneumoconiosis whose average wage is deemed the amount calculated pursuant to paragraph (6) shall be excluded herefrom.

(4) The standards and methods for calculating the fluctuation rate of the average amount of the entire employees' wages and the fluctuation rate of consumer price index under paragraph (3) shall be prescribed by Presidential Decree. In such cases, the fluctuation rates so calculated shall be publicly notified each year by the Minister of Employment and Labor.

(5) In calculating insurance benefits (excluding pneumoconiosis compensation annuities and pneumoconiosis survivors’ annuities), where it is deemed inappropriate to apply the average wage to the relevant employee due to his or her unusual type of work as prescribed by Presidential Decree, an amount calculated according to the calculation method prescribed by Presidential Decree shall be deemed the average wage for the employee.

(6) In calculating insurance benefits, where it is deemed inappropriate to apply the average wage to any employee who is eligible to receive insurance benefits due to any work-related disease prescribed by Presidential Decree, such as pneumoconiosis, for protecting such employee, an amount calculated according to the calculation method prescribed by Presidential Decree shall be deemed the average wage for the employee.

(7) In calculating insurance benefits (excluding funeral expenses), where the average wage of the employee concerned or the average wage that forms the basis for calculating the insurance benefits in accordance with paragraphs (3) through (6) exceeds 1.8 times the average amount of the wages of the entire employees of a business entity that has at least five regular employees based on the statistics concerning the employment structure, demand for human resources, etc. under Article 17 of the Framework Act on Employment Policy (hereinafter referred to as "maximum standard amount of compensation") or falls short of 1/2 of such average amount (hereinafter referred to as "minimum standard amount of compensation"), the maximum standard amount of compensation or the minimum standard amount of compensation shall each be deemed the average wage for the employee concerned, but if the minimum standard amount of compensation is less than the hourly minimum wage under Article 5 (1) of the Minimum Wage Act, multiplied by 8, (hereinafter referred to as "minimum wage"), the minimum wage shall be deemed the minimum standard amount of compensation: Provided, That the minimum standard amount of compensation shall not apply to the calculation of temporary layoff benefits and injury-disease compensation annuities.

(8) Method for calculation and the effective period of the maximum standard amount of compensation or the minimum standard amount of compensation shall be prescribed by Presidential Decree. In such cases, the maximum or minimum standard amount of compensation so calculated shall be publicly notified each year by the Minister of Employment and Labor.

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Article 37 (Criteria for Recognition of Work-related Accidents)

(1) If an employee suffers any injury, disease, or disability or dies due to any of the following causes, it shall be deemed an occupational accident: Provided, That this shall not apply where there is no proximate causal relation between his or her duties and the accident:

1. Accident on duty:

(a) Any accident that occurs while he or she performs a duty under his or her employment contract or other acts incidental thereto;

(b) Any accident that occurs while he or she uses a facility, etc. provided by his or her business owner, due to any defect in or any careless management of such facility, etc.;

(c) Deleted;

(d) Any accident that occurs while he or she participates in an event sponsored by or under the direction of his or her business owner or prepares for such event;

(e) Any accident that occurs at recess due to an act deemed to be under the control and management of his or her business owner;

(f) Any other accident that occurs in connection with his or her duties;

2. Occupational disease:

(a) Any disease caused by handling or being exposed to any physical agent, chemical substance, dust, pathogen, work imposing a burden on his or her body, or any other agent causing trouble to his or her health while performing his or her duties;

(b) Any disease caused by an occupational injury;

(c) Any disease caused by work-related mental stress due to workplace harassment, verbal abuse from customers, etc. under Article 76-2 of the Labor Standards Act;

(d) Any other disease caused in connection with his or her duties;

3. Accident on commuting:

(a) Any accident that occurs while he or she commutes to or from work using a transportation means provided by his or her business owner or another similar means under the control and management of his or her business owner;

(b) Any accident that occurs while he or she commutes to or from work using other common route and method.

(2) No injury, disease, disability or death of an employee due to his or her intentional action, self-harm or other criminal act, or caused by such act shall be deemed an occupational accident: Provided, That when the injury, disease, disability or death is caused by any act committed in the state of a marked decline in his or her normal cognitive function, etc. as prescribed by Presidential Decree, it shall be deemed an occupational accident.

(3) Where there is any deviation or suspension of route for commuting in the accidents referred in paragraph (1) 3 (b), any accident occurred from the relevant deviation or suspension or accident occurred during the movement thereafter shall not be deemed an accident on commuting: Provided, That when the deviation or suspension which is an action necessary for daily life has any reason prescribed by Presidential Decree, it shall be deemed an accident on commuting.

(4) An accident on commuting under paragraph (1) 3 (b) shall not apply to a type of work that does not have a regular route and method, as prescribed by Presidential Decree.

(5) The detailed standards for recognition of occupational accidents shall be prescribed by Presidential Decree.

[Paragraph (1) 1 (c) of this Article was deleted by Act No. 14933 promulgated on Oct. 24, 2017, following the decision of nonconformity to the Constitution made by the Constitutional Court on Sep. 29, 2016]

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Article 38 (Work-related Disease Adjudication Committee)

(1) To deliberate on whether or not to recognize a disease as the work-related disease referred to in Article 37 (1) 2, the Work-related Disease Adjudication Committee (hereinafter referred to as the “Adjudication Committee”) shall be set up within an affiliate organization of the Corporation.
(2) The diseases excluded from the deliberation of the Adjudication Committee and deliberation procedures shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(3) Necessary matters concerning the composition and operation of the Adjudication Committee shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
Article 39 (Presumption of Death)
(1) If a worker aboard a ship or aircraft which had an accident has not been found dead or alive or if a worker aboard a ship or aircraft on voyages went missing or has not been found dead or alive for other reasons, he/she shall be presumed to be dead under the conditions as prescribed by the Presidential Decree, and the provisions concerning survivors benefits and funeral expenses shall apply.
(2) If after insurance benefits are paid under the presumption of death as referred to in paragraph (1), the survival of the worker concerned is confirmed, the paid amount in case of a bona fide recipient and twice that amount in case of a mala fide recipient shall be collected from the person who received the benefits.

Article 39 (Presumption of Death)

(1) If it is unclear whether an employee aboard a ship or aircraft in which an accident occurs is alive, or if it is unclear whether an employee aboard a ship or aircraft on navigation is alive, because the employee is missing or because of other reasons, he or she shall be presumed to be dead as prescribed by Presidential Decree, and the provisions concerning survivors' benefits and funeral expenses shall be applicable.

(2) Where an employee is confirmed to be alive after insurance benefits for the employee are paid due to the presumption of death referred to in paragraph (1), if the person who received such benefits did so bona fide, the Service shall collect the amount received, and if he or she did so mala fide, an amount equivalent to twice the amount received.

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Article 40 (Medical Care Benefits)

(1) Medical care benefits shall be paid to a worker if the worker gets an injury or a disease for work-related causes.
(2) The medical care benefits referred to in paragraph (1) shall require the worker to receive medical care at an industrial accident insurance-related medical institution prescribed in Article 43 (1)：Provided that in inevitable cases, medical care expenses may be paid in lieu of providing medical care.
(3) In the case of paragraph (1), if the injury or disease can be cured after three days or less of medical care, the medical care benefits shall not be paid.
(4) The scope of the medical care benefits referred to in paragraph (1) is as follows：[Amended by Act No. 10339, Jun. 4, 2010]
1. Medical examination and test；
2. Provision of medicines or medical supplies, artificial limbs, and other prosthetic devices；
3. Treatment, operation and other treatments；
4. Rehabilitation treatment
5. Hospitalization；
6. Nursing and patient caring；
7. Transfers and
8. Other matters prescribed by the Ordinance of the Ministry of Employment and Labor.
(5) The criteria for the calculation of medical care benefits, such as the scope and amount of medical care benefits as referred to in paragraphs (2) and (4), shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(6) If the industrial accident insurance-related medical institution where a worker suffering from a work-related accident intends to receive medical care is to be a high-grade general hospital prescribed in Article 43 (1) 2, the worker shall be an emergency patient prescribed in subparagraph 1 of Article of the Emergency Medical Service Act or except when other inevitable reasons exist, there shall be an medical opinion that the worker needs to get medical care at a high-grade general hospital. [Amended by Act No. 10305, May 20, 2010]

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Article 41 (Application for Medical Care Benefits)

(1) Any person who intends to receive medical care benefits (excluding medical care benefits for pneumoconiosis; hereafter in this Article the same shall apply) pursuant to Article 40 (1), shall file an application with the Service for the medical care benefits, along with documents indicating his or her workplace, reasons for the accident, medical opinions on the accident, and other matters prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, the procedures and methods for application for medical care benefits shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(2) An industrial accident insurance-related medical institution as prescribed in Article 43 (1), which provides medical treatment to an employee suffering from an accident, may apply for medical care benefits on behalf of the employee with his or her consent, if the accident is determined to be an occupational accident.

Article 41-2 (Verification of Eligibility for Medical Care Benefits)

(1) A person who receives medical care benefits under Article 40 (1) may request the Service to verify whether the expenses he or she has borne are excluded from the scope of medical care benefits pursuant to paragraph (5) of the same Article.

(2) The Service in receipt of a request for verification under paragraph (1) shall notify the person who requested verification of the result. In such cases, if the expenses for which verification is requested are found to be within the scope of medical care benefits, the Service shall notify an industrial accident insurance-related medical institution under Article 43 (1) of such facts.

(3) An industrial accident insurance-related medical institution in receipt of notification under the latter part of paragraph (2) shall, without delay, refund the amount it has collected in excess of the amount it should have collected to the person who requests verification (hereinafter referred to as "overpaid amount"): Provided, That where the relevant industrial accident insurance-related medical institution fails to refund the overpaid amount, the Service may refund the person who requests verification the amount obtained by deducting such overpaid amount from the medical expenses referred to in Article 45 it is liable to pay to such health care institution.

[This Article Newly Inserted on Dec. 8, 2020]

Article 42 (Preferential Application of Health Insurance)

(1) Any person who applies for medical care benefits pursuant to Article 41 (1) may be entitled to medical care benefits under Article 41 of the National Health Insurance Act or medical benefits under Article 7 of the Medical Care Assistance Act (hereinafter referred to as "medical care benefits under health insurance, etc.") before the Service makes a decision on the medical care benefits under this Act.

(2) Where a person who has received medical care benefits under health insurance, etc. pursuant to paragraph (1) is determined as a beneficiary of medical care benefits under this Act after paying his or her co-payment amount under Article 44 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act to an industrial accident insurance-related medical institution, he or she may file a claim with the Service for an amount equivalent to the medical care benefits referred to in Article 40 (5) out of his or her co-payment amount already paid.

Article 43 (Designation of Industrial Accident Insurance-related Medical Institutions, Cancellation of Designation, etc.)

(1) Medical institutions which shall provide medical care for employees suffering from occupational accidents (hereinafter referred to as "industrial accident insurance-related medical institutions") are as follows:

1. Medical institutions established in the Service under Article 11 (2);

2. Tertiary care hospitals referred to in Article 3-4 of the Medical Service Act;

3. Medical institutions or public health clinics designated by the Service, from among medical institutions referred to in Article 3 of the Medical Service Act and public health clinics referred to in Article 10 of the Regional Public Health Act (including public health clinics referred to in Article 12 of the Regional Public Health Act; hereinafter the same shall apply) which satisfy the standards set by Ordinance of the Ministry of Employment and Labor in terms of manpower, facilities, etc.

(2) When designating a medical institution or public health clinic as an industrial accident insurance-related medical institution pursuant to paragraph (1) 3, the Service shall take into account each of the following factors:

1. Manpower, facilities, equipment, and areas of practice of the medical institution or public health clinic;

2. Regional distribution of industrial accident insurance-related medical institutions.

(3) If an industrial accident insurance-related medical institution referred to in paragraph (1) 2 and 3 falls under any of the following subparagraphs, the Service may revoke its designation (applied only to the case of paragraph (1) 3), restrict its medical treatment for employees suffering from occupational accidents for not more than 12 months, or order necessary improvements (hereinafter referred to as "restriction on medical treatment, etc."):

1. Where the medical institution diagnoses or certifies matters concerning an occupational accident by fraud or other improper means;

2. Where the medical institution claims medical expenses referred to in Article 45 by fraud or other improper means;

3. Where revocation of the designation or restriction on medical treatment, etc. is found necessary as a result of an evaluation referred to in Article 50;

4. Where the medical institution or a doctor thereof is not able to engage in medical service temporarily or permanently due to a violation of the Medical Service Act or any other reason;

5. Where the medical institution fails to meet the standards of manpower, facilities, etc. referred to in paragraph (1) 3;

6. Where the medical institution violates a restriction on medical treatment, etc.

(4) No industrial accident insurance-related medical institution whose designation is revoked pursuant to paragraph (3) may be re-designated as such for the period set by Ordinance of the Ministry of Employment and Labor within the limit of one year from the date of such revocation.

(5) If an industrial accident insurance-related medical institution under paragraph (1) 2 and 3 falls under any of the following subparagraphs, the Service may impose a restriction on medical treatment, etc. for not more than 12 months:

1. Where the medical institution unduly claims medical expenses referred to in Article 45, in violation of the criteria for the calculation of medical care benefits referred to in Article 40 (5) and 91-9 (3);

2. Where the medical institution claims medical expenses from a person other than the Service, in violation of Article 45 (1);

3. Where the medical institution fails to submit a medical treatment plan referred to in Article 47 (1);

4. Where the medical institution fails to make a report or to respond to a request for submission of materials or investigation referred to in Article 118;

5. Where the medical institution violates the conditions of designation as an industrial accident insurance-related medication institution.

(6) Where the Service seeks to revoke designation or restrict medical treatment pursuant to paragraph (3) or (5), it shall hold a hearing.

(7) The procedures for designation referred to in paragraph (1) 3 and the criteria and procedures for revocation of designation and restrictions on medical treatment, etc. referred to in paragraphs (3) and (5) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 44 (Penalties, etc. for Industrial Accident Insurance-related Medical Institutions)

(1) If the Corporation has to restrict medical treatment for any of the reasons described in subparagraphs 1 and 2 of paragraph (3) and subparagraph 1 of paragraph (5) of Article 43 and considers that the restriction on medical treatment causes serious inconvenience to the workers who use the medical institution in question or that there are other special reasons, it may impose a penalty not exceeding five times the amount of insurance benefits received in a false or fraudulent way or the amount of medical expenses received in a false, fraudulent or illegitimate ways in lieu of restricting medical treatment. [Amended by Act No. 9988, Jan. 27, 2010]
(2) The amount, etc. of the penalty imposed pursuant to paragraph (1) according to type and degree of offence, etc., shall be prescribed by the Presidential Decree.
(3) If a person subject to the imposition of a penalty pursuant to paragraph (1) fails to pay the penalty by the deadline, the penalty shall be collected with the approval of the Minister of Employment and Labor in accordance with the process for the recovery of national taxes in arrears. [Amended by Act No. 9988, Jan. 27, 2010 and Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 45 (Claim, etc. for Medical Expenses)

(1) If an industrial accident insurance-related medical institution which has provided medical care pursuant to Article 40 (2) or Article 91-9 (1) is to receive the expenses (hereinafter referred to as “medical expenses”), it shall claim the expenses from the Corporation. [Amended by Act No. 10305, May. 20, 2010]
(2) Examination and decision concerning the medical expenses claimed pursuant to paragraph (1) and procedures for and method of the payment of such expenses shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 46 (Claim, etc. for Medicine Expenses)

(1) The Corporation may provide medicines under Article 40 (4) 2 through a pharmacy registered pursuant to Article 20 of the Pharmaceutical Affairs Act.
(2) If the pharmacy referred to in paragraph (1) intends to receive medicine expenses, it shall claim the expenses from the Corporation.
(3) Examination and decision concerning the medicine expenses claimed pursuant to paragraph (2), and procedures for and method of the payment of such expenses shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 47 (Submission of Medical Treatment Plan)

(1) When it is necessary to extend the period of medical care for an employee receiving medical care benefits pursuant to Article 41 or 91-5, the relevant industrial accident insurance-related medical institution shall submit to the Service a medical treatment plan containing the progress relating to the disease or injury of the employee, expected treatment period, treatment methods, etc., as prescribed by Presidential Decree.

(2) The Service may examine the adequacy of a medical treatment plan submitted pursuant to paragraph (1), and take necessary measures prescribed by Presidential Decree (hereinafter referred to as "measures, etc. to change a medical treatment plan"), such as ordering the industrial accident insurance-related medical institution to change the treatment period.

Enforcement Ordinance

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Article 48 (Change of Medical Institution Providing Medical Care)

(1) If any of the following events occurs to an employee in the course of medical care, the Service may transfer such employee to another industrial accident insurance-related medical institution to provide medical care:

1. Where the employee needs to be transferred to another industrial accident insurance-related medical institution because the manpower, facilities, etc. of the industrial accident insurance-related medical institution currently providing medical care are unfit for the specialized treatment or rehabilitative treatment of the employee;

2. Where the employee needs to be transferred to another industrial accident insurance-related medical institution to receive medical care near where he or she lives;

3. Where the employee needs to be transferred to another industrial accident insurance-related medical institution after receiving specialized treatment at a tertiary care hospital under Article 43 (1) 2;

4. Where it is deemed that any unavoidable ground exists through a procedure prescribed by Presidential Decree.

(2) If any of the events under paragraph (1) 1 through 3 occurs to an employee in the course of medical care, he or she may file an application with the Service for his or her transfer to another medical institution providing medical care.

[Title Amended on Jan. 26, 2021]

Enforcement Ordinance

Article 49 (Application for Medical Care Benefits for Additional Injury or Disease)

If a worker receiving medical care due to a work-related accident falls under any of the following subparagraphs, he/she may apply for medical care benefits for an additional injury or disease (hereinafter referred to as “additional injury or disease”)：
1. Where medical care is needed as an injury or a disease which has arisen from the work-related accident is additionally found；
2. Where medical care is needed as a new disease occurs as a result of an injury or a disease arising from the work-related accident.

Enforcement Ordinance

Article 50 (Evaluation of Industrial Accident Insurance-related Medical Institutions)

(1) In order to improve the quality of medical service with regard to work-related accidents, the Corporation may evaluate the medical institutions prescribed by the Presidential Decree, from among the industrial accident insurance-related medical institutions referred to in Article 43 (1) 3, in terms of manpower, facilities, medical services and other matters relating to the quality of medical care. In this case, the evaluation method and criteria shall be prescribed by the Presidential Decree.
(2) Considering the results of the evaluation referred to in paragraph (1), the Corporation may preferentially treat the evaluated industrial accident insurance-related medical institutions administratively or financially, or cancel their designation or impose restrictions, etc., on medical treatment pursuant to Article 43 (3) 3.

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Enforcement Ordinance

Article 51 (Additional Medical Care)

(1) If a person who has received medical care benefits under Article 40 suffers a recurrence of an occupational injury or disease that was the object of the medical care after the cure, or if there is a medical opinion that active treatment of his or her occupational injury or disease is needed because his or her injury or disease gets worse, he or she is entitled to medical care benefits under Article 40 again (hereinafter referred to as "additional medical care").

(2) Matters necessary for requirements, procedures, etc. for additional medical care shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 52 (Wage Replacement Benefits)

Wage replacement benefits shall be paid to a worker who gets injured or contract a disease for work-related reasons for a period during which the worker concerned is unable to work due to medical care, and the amount to be paid for a day shall be the equivalent amount of 70/100 of the average wages：Provided that if the period of not being able to work is three days or less, they shall not be paid.

Article 53 (Partial Wage Replacement Benefits)

(1) If a worker who is undergoing medical care or additional medical care is employed for a certain period or part-time, he/she may be paid 90/100 of the amount calculated by subtracting the wage paid for those days or hours employed from the average wage corresponding to the number of days or hours employed：Provided that if the minimum wage (the amount of reduction in case the amount is reduced in accordance with subparagraph 2 of Table 1) is taken as the daily wage replacement benefits pursuant to Article 54 (2) and Article 56 (2), an amount equivalent to the minimum wage minus the wage paid for days or hours employed may be paid.
(2) If a worker is employed part-time as referred to in paragraph (1), for the number of hours unemployed (referring to the number of hours remaining after subtracting the number of hours employed from eight hours), an amount produced by multiplying the daily wage replacement benefits calculated pursuant to Article 52 or Articles 54 through 56 by the ratio of the number of hours unemployed to eight hours shall be paid.
(3) Requirements and procedures for the payment of partial wage replacement benefits referred to in paragraph (1) shall be prescribed by the Presidential Decree.

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Enforcement Ordinance

Article 54 (Wage Replacement Benefits for Low-income Workers)

(1) If the daily amount of wage replacement benefits calculated pursuant to Article 52 is less than or equal to 80/100 of the minimum standard amount of compensation, the daily wage replacement benefits for the worker shall be an amount equivalent to 90/100 of his/her average wage：Provided that an amount equivalent to 90/100 of the average wage of the worker is more than 80/100 of the minimum standard amount of compensation, an amount equivalent to 80/100 of the minimum standard amount of compensation shall be the daily wage replacement benefits.
(2) If the amount of wage replacement benefits calculated pursuant to paragraph (1) is less than the minimum wage, the minimum wage shall be the daily wage replacement benefits for the worker.

Article 55 (Wage Replacement Benefits for the Aged)

If an employee who receives temporary layoff benefits reaches the age of 61, his or her temporary layoff benefits thereafter shall be an amount calculated in accordance with attached Table 1: Provided, That when a person who remains employed after the age of 61 receives medical care due to an occupational accident or when a person who has received disability benefits before the age of 61 due to an occupational disease pursuant to Article 37 (1) 2 receives medical care for the first time due to the occupational disease after the age of 61, the provisions of attached Table 1 shall not apply during such period prescribed by Presidential Decree.

Enforcement Ordinance

Article 56 (Wage Replacement Benefits During Additional Medical Care)

(1) For a person who receives additional medical care, an amount equivalent to 70/100 of the average wage calculated on the basis of the wage as at the time of receiving such additional medical care shall be the daily amount of temporary layoff benefits. In such cases, the date of the occurrence of a cause for calculating the average wage shall be prescribed by Presidential Decree.

(2) If the daily amount of temporary layoff benefits calculated pursuant to paragraph (1) is less than the minimum wage, or if there is no wage subject to the calculation of the average wage as at the time of receiving additional medical care, the minimum wage shall be the daily amount of temporary layoff benefits.

(3) Where a person who receives a disability compensation annuity receives additional medical care, if the sum of the daily disability compensation annuity (referring to the amount of disability compensation annuity, calculated pursuant to attached Table 2, divided by 365; hereinafter the same shall apply) and the daily amount of temporary layoff benefits calculated pursuant to paragraph (1) or (2) exceeds 70/100 of the average wage, which is applied in calculating the disability compensation annuity, an amount equivalent to the temporary layoff benefits, out of the excess amount, shall not be paid.

(4) In calculating temporary layoff benefits during the period of additional medical care, Article 54 shall not apply.

Enforcement Ordinance

Article 57 (Disability Benefits)

(1) Disability benefits shall be paid to any employee who suffers from a physical disability, etc. after recovering from any injury or disease caused by reason of his or her duties.

(2) Disability benefits shall be paid in the form of a disability compensation annuity or lump-sum disability compensation as set out in attached Table 2 according to disability grades, and the standards for disability grades shall be prescribed by Presidential Decree.

(3) The beneficiary may choose between a disability compensation annuity or lump-sum disability compensation benefit referred to in paragraph (2): Provided, That an employee with such disability grade prescribed by Presidential Decree as a complete loss of work ability shall be paid a disability compensation annuity, and an employee who is not a Korean national and resides in a foreign country when the cause for claiming disability benefits occurs shall be paid a lump-sum disability compensation benefit.

(4) A disability compensation annuity may be paid in advance upon request of the beneficiary in an amount equivalent to 1/2 of the first year or two-year annuity (the first year to four-year annuity for any such employee as prescribed in the proviso of paragraph (3)). In such cases, interest, within the limit of 5/100, may be deducted from the amount paid in advance at the rate prescribed by Presidential Decree.

(5) Where a beneficiary’s entitlement to a disability compensation annuity is extinguished under Article 58, if the total number of days obtained by dividing the amount of the already paid annuity by each average wage as at the time when the annuity is paid is short of the number of days for lump-sum disability compensation benefits set forth in attached Table 2, the amount calculated by multiplying the insufficient number of days by the average wage as at the time when the entitlement is extinguished shall be paid in a lump sum to the relevant survivors or the relevant employee.

Enforcement Ordinance

Enforcement Ordinance

Article 58 (Termination of Entitlement to Disability Compensation Annuity, etc)

If a person entitled to receive a disability compensation annuity or a pneumoconiosis compensation annuity (hereinafter referred to as ‘entitled’ in this Article) falls under any of the following subparagraphs, his/her entitlement shall be terminated：[Amended by Act No. 10305, May 20, 2010]
1. Where he/she dies；
2. Where the entitled person was once a Korean national but has lost Korean nationality and now lives in a foreign country or leaves Korea to live in a foreign country；
3. Where the entitled person is not a Korean national and leaves Korea to live in a foreign country；
4. Where he/she is excluded from those to be paid disability compensation annuities or pneumoconiosis disability annuities as a result of a change of his/her disability or pneumoconiosis disability grade
[Title of this Article Amended by Act No. 10305, May. 20, 2010]

Article 59 (Redetermination of Disability Grades, etc)

(1) With regard to any beneficiary of disability compensation annuities or pneumoconiosis compensation annuities whose disability or pneumoconiosis grade already determined (hereafter in this Article referred to as "disability grade, etc.") is possible to be changed as the state of his or her disability has improved or worsened, the Service may redetermine his or her disability grade, etc. upon request of the beneficiary or by virtue of its authority.

(2) If a disability grade, etc. is changed as a result of redetermination referred to in paragraph (1), disability benefits or pneumoconiosis compensation annuities shall be paid according to the changed disability grade, etc.

(3) Redetermination of a disability grade, etc. referred to in paragraphs (1) and (2) shall be made only once, and the eligible persons and period for such redetermination and the methods for paying disability benefits or pneumoconiosis compensation annuities based on the results thereof shall be prescribed by Presidential Decree.

[Title Amended on May 20, 2010]

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Article 60 (Disability Benefits Due to Additional Medical Care)

(1) Even in case a person entitled to a disability compensation annuity receives additional medical care, the payment of the annuity shall not be suspended.
(2) If after a person is cured by additional medical care, his/her state of disability has improved or worsened compared with before, the disability benefits shall be paid according to the disability grade corresponding to the improved or worsened state of disability.

Enforcement Ordinance

Article 61 (Nursing Benefits)

(1) Nursing benefits shall be paid to any beneficiary of medical care benefits under Article 40 who is in need of medically constant or frequent nursing care after his or her cure and is actually receiving nursing care.

(2) Matters necessary for the standards, methods, etc. for paying nursing benefits under paragraph (1) shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 62 (Survivors’ Benefits)

(1) Survivors' benefits shall be paid to a survivor of any employee who has died due to a cause related to his or her duties.

(2) Survivors' benefits shall be paid in the form of a survivors' compensation annuity or lump-sum survivors' compensation set out in attached Table 3, and the lump-sum survivors' compensation benefits shall be paid where there is no person eligible for a survivors' compensation annuity pursuant to Article 63 (1) as at the time the employee dies.

(3) If a person eligible for a survivors' compensation annuity under paragraph (2) chooses, an amount equivalent to 50/100 of the lump-sum survivors' compensation benefits set out in attached Table 3 shall be paid in a lump sum, and the survivors' compensation annuity shall be paid in an amount reduced by 50/100.

(4) Where a person who has received a survivors' compensation annuity loses eligibility therefor, and if there is no other beneficiary with eligibility and the total number of days calculated by dividing the amount of the annuity already paid by each average wage as at the time of paying the annuity is short of 1,300, the amount calculated by multiplying such insufficient number of days by the average wage as at the time of losing the eligibility shall be paid in a lump sum to the survivors as at the time the eligibility is lost.

(5) Standards and methods for paying survivors' compensation annuities under paragraph (2) and other necessary matters shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 63 (Scope of Persons Entitled to Survivors' Compensation Annuities)

(1) A person entitled to a survivors' compensation annuity (hereinafter referred to as "persons entitled to a survivors' compensation annuity") shall be the spouse of the relevant employee and any of the following survivors whose livelihood had been supported by such employee as at the time of the employee's death (excluding those who were not Korean nationals and were living in foreign countries as at the time of the employee’s death). In such cases, the criteria for determining survivors whose livelihood had been supported by the employee shall be prescribed by Presidential Decree:

1. Parents or grandparents respectively aged at least 60 years;

2. Children aged below 25 years;

2-2. Grandchildren aged below 19 years;

3. Siblings aged below 19 years or at least 60 years;

4. Any person who is a child, parent, grandchild, grandparent, or sibling who does not fall under any of subparagraphs 1 through 3 and who falls under a disability level prescribed by Ordinance of the Ministry of Employment and Labor, among persons with disabilities provided for in Article 2 of the Act on Welfare of Persons with Disabilities.

(2) In applying paragraph (1), if a child who was a fetus as at the time of the employee's death is born, the child shall be deemed, at birth and thereafter, a survivor whose livelihood had been supported by such employee as at the time of his or her death.

(3) The order of priority for entitlement to a survivors' compensation annuity in persons entitled to the survivors' compensation annuity shall be in accordance with the following order: Spouse, children, parents, grandchildren, grandparents, and siblings.

Enforcement Ordinance

Article 64 (Losing Eligibility of and Suspension of Payment for Persons Entitled to Survivors' Compensation Annuities)

(1) Any survivor entitled to a survivors' compensation annuity shall lose his or her eligibility when he or she falls under any of the following subparagraphs:

1. Where the beneficiary dies;

2. When he or she is remarried (limited to the spouse of the deceased employee and including the case of a de facto marital relationship as for remarriage);

3. Where the kinship with the deceased employee ceases to exist;

4. When a child reaches the age of 25 years;

4-2. When a grandchild or sibling reaches the age of 19 years;

5. Where a person who has been disabled as prescribed in Article 63 (1) 4 recovers from such disability;

6. Where a person entitled to a survivors' compensation annuity who was a Korean national as at the time of the employee's death has lost his or her Korean nationality and who now lives in a foreign country or leaves Korea to live in a foreign country;

7. Where a person entitled to a survivors' compensation annuity who is not a Korean national leaves Korea to live in a foreign country.

(2) Where a person entitled to a survivors' compensation annuity (hereinafter referred to as "survivors' compensation annuitant") loses eligibility, the entitlement to the survivors' compensation annuity shall be transferred to a person in the same priority status, if any, and, when there is no such person, to the person next in order.

(3) If a survivors' compensation annuitant has been missing for at least three months, the payment of such annuity to him or her shall be suspended as prescribed by Presidential Decree, and the annuity shall be paid to a person in the same priority status, if any, and, when there is no such person, to the person next in order.

Enforcement Ordinance

Article 65 (Order of Priority of Survivors who are Survivors' Compensation Annuitants)

(1) The order of priority for entitlement to a survivors' compensation annuity among survivors under Articles 57 (5) and 62 (2) (limited to lump-sum survivors' compensation benefits) and (4) shall be in accordance with the following order, but the order of priority for the said entitlement among persons under the same subparagraph shall follow the order in which they are listed in the subparagraph. In such cases, where at least two annuitants are in the same priority status, the annuity shall be divided and paid equally among them:

1. The spouse, children, parents, grandchildren, and grandparents whose livelihood had been supported by the employee as at the time of his or her death;

2. The spouse, children, parents, grandchildren, and grandparents whose livelihood had not been supported by the employee as at the time of his or her death, and siblings whose livelihood had not been supported by the employee as at the time of his or her death;

3. Siblings.

(2) In the case of paragraph (1), an adoptive parent has priority over a biological parent, a parent of an adoptive parent over a parent of a biological parent, and an adoptive parent of any parent over a biological parent of any such parent.

(3) If a survivor who is a survivors' compensation annuitant dies, the insurance benefits shall be paid to a person in the same priority status, if any, and, when there is no such person, to the next person in order.

(4) Notwithstanding paragraphs (1) through (3), if an employee designates a survivor to receive insurance benefits in his or her will, such designation shall be honored in the payment of such insurance benefits.

Enforcement Ordinance

Article 66 (Injury-Disease Compensation Annuity)

(1) If a worker who has received medical care benefits continues to be in a state that meets all the requirements described in the following subparagraphs, after two years have passed since the start of the medical care, he/she shall be paid an injury-disease compensation annuity instead of wage replacement benefits：[Amended by Act No. 9988, Jan. 27, 2010]
1. The injury or disease remains uncured；and
2. The degree of invalidity caused by the wound or disease meets the standards for invalidity grades prescribed by the Presidential Decree；
3. The worker has not been employed because of medical care
(2) Injury-disease compensation annuities shall be paid according to the grades of invalidity shown in Table 4.

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Enforcement Ordinance

Article 67 (Injury-Disease Compensation Annuity for Low-income Workers)

(1) In calculating a injury-disease compensation annuity pursuant to Article 66, if the average wage of the worker is less than an amount produced by multiplying the minimum wage by 100/70, 100/70 of the minimum wage shall be seen as the minimum wage of the worker.
(2) If the amount of daily injury-disease compensation annuity obtained by dividing the amount of injury-disease compensation annuity calculated pursuant to Article 66 or paragraph (1) by 365 is less than the daily wage replacement benefits calculated pursuant to Article 54, the amount calculated pursuant to Article 54 shall be the daily injury-disease compensation annuity. [Amended by Act No. 9988, Jan. 27, 2010]

Article 68 (Injury-Disease Compensation Annuity for the Aged)

If a worker who receives an injury-disease compensation annuity reaches the age of 61, the amount of injury-disease compensation annuity to be paid thereafter shall be calculated in accordance with the standards for payment of daily injury-disease compensation annuities in Table 5. [Amended by Act No. 9988, Jan. 27, 2010]

Article 69 (Injury-Disease Compensation Annuities during Additional Medical Care)

(1) A person whose state of injury or disease meets all the requirements described in the subparagraphs of Article 66 (1) two years after the commencement of additional medical care shall be paid an injury-disease compensation annuity, instead of temporary layoff benefits, in accordance with the grades of invalidity set out in attached Table 4. In such cases, the average wage applicable in the calculation of temporary layoff benefits during the additional medical care shall be applied in calculating the injury-disease compensation annuity; but if such average wage is less than the minimum wage multiplied by 100/70 or there is no wage subject to the calculation of the average wage as at the time of the additional medical care, the amount equivalent to 100/70 of the minimum wage shall be deemed the average wage for the employee in calculating the annuity.

(2) If an employee who receives an injury-disease compensation annuity pursuant to paragraph (1) receives a disability compensation annuity, the number of payment days for the injury-disease compensation annuity by grade of invalidity shown in attached Table 4, minus the number of payment days for the disability compensation annuity by grade of disability set out in attached Table 2, and then multiplied by the average wage under the latter part of paragraph (1) shall be the amount of injury-disease compensation annuity for the employee.

(3) If an employee who receives an injury-disease compensation annuity pursuant to paragraph (2) reaches the age of 61, an injury-disease compensation annuity per day calculated in accordance with attached Table 5, minus the amount of disability compensation annuity per day calculated on the basis of the average wage pursuant to the latter part of paragraph (1), shall be the amount of injury-disease compensation annuity per day to be paid thereafter.

(4) Notwithstanding paragraphs (1) through (3), if an employee who receives a disability compensation annuity pursuant to the proviso of Article 57 (3) receives additional medical care, no injury-disease compensation annuity shall be paid: Provided, That when his or her grade of invalidity is raised during additional medical care, two years shall be deemed to have passed since the commencement of additional medical care, notwithstanding the former part of paragraph (1), and the amount of injury-disease compensation annuity calculated pursuant to paragraphs (2) and (3) shall be paid.

(5) Article 67 shall not apply in calculating injury-disease compensation annuities during additional medical care.

Article 70 (Period and Time of Paying Annuities

(1) The payment of a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity shall begin on the first day of the month following the month in which a reason for the payment thereof occurs, and shall end on the last day of the month in which the entitlement to such annuity is extinguished.

(2) If a reason for suspending payment of a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity occurs, no such annuity shall be paid from the first day of the month following the month in which the reason occurs, to the last day of the month in which the reason ceases to exist.

(3) A disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity or pneumoconiosis survivors' annuity, shall annually be paid in twelve equal installments, each of which shall be paid on the 25th of every month; but if the payment date falls on a Saturday or holiday, it shall be paid on the preceding day.

(4) If entitlement to a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity is extinguished, it may be paid even before the payment date referred to in paragraph (3).

Article 71 (Funeral Expenses)

(1) Where an employee dies due to any cause related to his or her duties, funeral expenses equivalent to an amount calculated by multiplying the average wage by 120 days shall be paid to a survivor who arranges funeral services: Provided, That when there is no survivor who will arrange funeral services or when a person other than survivors arranges funeral services due to unavoidable reasons, the amount actually spent on the funeral services shall be paid to the person who arranges the funeral services, within the limits of an amount equivalent to an amount calculated by multiplying the average wage by 120 days.

(2) Where the funeral expenses referred to in paragraph (1) exceed the maximum amount or fall short of the minimum amount, as publicly notified by the Minister of Employment and Labor as prescribed by Presidential Decree, such maximum amount or minimum amount shall be each deemed the funeral expenses.

[Title Amended on Jan. 26, 2021]

Enforcement Ordinance

Article 72 (Vocational Rehabilitation Benefits)

(1) The types of vocational rehabilitation benefits shall be as follows:

1. Vocational training costs and vocational training allowances for persons who require vocational training to be reemployed (hereinafter referred to as "trainees") among persons who have received disability benefits or pneumoconiosis compensation annuities or who are clearly expected to receive disability benefits as prescribed by Presidential Decree (hereinafter referred to as "recipients of disability benefits");

2. Return-to-work subsidies, vocational adaption training costs, and rehabilitation exercise costs to be paid respectively where a business owner retains employment or conducts vocational adaptation training (including vocational adaptation training conducted before returning to work) or a rehabilitation exercise program for the recipients of disability benefits who return to business they worked for as at the time of the occurrence of the occupational accident.

(2) The trainees referred to in paragraph (1) 1 and the recipients of disability benefits referred to in subparagraph 2 of the same paragraph shall be prescribed by Presidential Decree, in consideration of the degree of disability, age, etc.

Enforcement Ordinance

Enforcement Ordinance

Article 73 (Vocational Training Costs)

(1) Vocational training for trainees shall be provided at a vocational training institution which has contracted with the Service (hereinafter referred to as "vocational training institution").

(2) Vocational training costs under Article 72 (1) 1 (hereinafter referred to as "vocational training costs") shall be paid to a vocational training institution which provides vocational training pursuant to paragraph (1): Provided, That they shall not be paid in cases prescribed by Presidential Decree, including where a vocational training institution has received an amount equivalent to vocational training costs under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities, the Employment Insurance Act, the Act on the Development of Vocational Skills of Workers, or other statutes.

(3) Vocational training costs shall be the amounts actually spent within the limits of the amounts publicly notified by the Minister of Employment and Labor considering training costs, training period, labor market conditions, etc., but the training period during which the vocational training costs are paid shall not exceed 12 months.

(4) Matters necessary for the scope, criteria, procedure, and method for paying vocational training costs, the conclusion and termination of contracts with vocational training institutions, etc. shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Article 74 (Vocational Training Allowances)

(1) Vocational training allowances under Article 72 (1) 1 shall be paid to trainees who receive vocational training pursuant to Article 73 (1) for a period during which they are unemployable due to the vocational training, and their daily payments shall be the amount equivalent to the minimum wage: Provided, That the trainees who receive temporary layoff benefits or injury-disease compensation annuities shall not be paid.

(2) Where a recipient of vocational training allowances pursuant to paragraph (1) receives a disability compensation annuity or pneumoconiosis compensation annuity, if the sum of the amount of disability compensation annuity per day or pneumoconiosis compensation annuity per day (referring to the amount calculated by dividing, by 365, the amount of the pneumoconiosis compensation annuities calculated pursuant to Article 91-3 (2)) and the amount of vocational training allowances per day exceeds 70/100 of the average wage which is applied for calculating the disability compensation annuity or pneumoconiosis compensation annuity of the relevant employee, no amount equivalent to the vocational training allowances out of such excess shall be paid.

(3) Matters necessary for the payment, etc. of vocational training allowances referred to in paragraph (1), shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 75 (Return-to-work Subsidy, etc.)

(1) The return-to-work subsidy, work adaptation training costs and rehabilitation exercise costs referred to in Article 72 (1) 2 shall be paid, respectively, to an employer who retains, or carries out work adaptation training or a rehabilitation exercise program for, recipients of disability benefits. In this case, the conditions for the payment of return-to-work subsidy, work adaptation training costs and rehabilitation exercise costs shall be prescribed by the Presidential Decree.
(2) The return-to-work subsidy referred to in paragraph (1) shall be the amount of wages paid by the employer to a recipient of disability benefits within the limits of the amount announced by the Minister of Employment and Labor after taking into account wage levels, labor market conditions, etc., and the payment period shall be less than 12 months. [Amended by Act No. 10339, Jun. 4, 2010]
(3) The work adaptation training costs and rehabilitation exercise costs referred to in paragraph (1) shall be the amount actually spent within the limits of the amount announced by the Minister of Employment and Labor after taking into account the amount spent on work adaptation training and rehabilitation exercise, and the payment period shall be less than three months. [Amended by Act No. 10339, Jun. 4, 2010]
(4) In the cases prescribed by the Presidential Decree, such as when an employer who employs a recipient of disability benefits has received the subsidy under 23 of the Employment Insurance Act, the subsidy for employment of the disabled under Article 30 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled or an amount equivalent to the return-to-work subsidy, work adaptation training costs or rehabilitation exercise costs (hereinafter referred to as “return-to-work subsidy, etc.”) under other Acts and subordinate statues, the return-to-work subsidy, etc., minus the amount received shall be paid. [Amended by Act No. 9988, Jan. 27, 2010]
(5) In the cases prescribed by the Presidential Decree, such as when an employer employs a disabled person in compliance with the obligation under 28 of the Act on Employment Promotion and Vocational Rehabilitation for the Disabled, the return-to-work subsidy, etc., shall not be paid. [Newly Inserted by Act No. 9988, Jan. 27, 2010]

Enforcement Ordinance

Enforcement Ordinance

Article 76 (Lump-sum Payment of Insurance Benefits)

(1) If an employee who is not a Korean national applies for the lump-sum payment of insurance benefits with the intention of departing from Korea while receiving medical care due to an injury or disease resulting from an occupational accident before it is cured, the insurance benefits expected to be claimed following the date on which the medical care is suspended due to the departure from Korea may be paid in a lump sum.

(2) The amount payable in a lump sum under paragraph (1) shall be the sum of each amount obtained by converting each of the following insurance benefits in consideration of the interest accrued for the advance payment period, etc. according to the methods prescribed by Presidential Decree. In such cases, if the relevant employee is medically recognized as meeting all requirements for the payment of insurance benefits described in subparagraphs 3 and 4, the amount of insurance benefits falling under subparagraph 4 shall not be included in the said sum:

1. Medical care benefits from the date on which medical care is suspended due to departure from Korea until the date on which an injury or disease resulting from an occupational accident is expected to be cured;

2. Temporary layoff benefits from the date on which medical care is suspended due to departure from Korea until the date on which an occupational injury or disease is expected to be cured or to be improved to the state of being employed (where the expected date falls more than two years after the date of commencing the medical care, until the second anniversary from the date of commencing the medical care);

3. Lump-sum disability compensation benefits corresponding to the grade of a disability expected to remain as at the time medical care is suspended due to departure from Korea, after an injury or disease resulting from an occupational accident is cured;

4. Where the invalidity subject to the payment of an injury-disease compensation annuity is expected to remain uncured after two years from the date of commencing medical care as at the time the medical care is suspended due to departure from Korea, an amount equivalent to the lump-sum disability compensation benefits corresponding to the same disability grade as the expected grade of invalidity (where the medical care is suspended due to departure from Korea after two years from the date of commencing the medical care, the grade of invalidity corresponding to the then state of injury or disease);

5. Pneumoconiosis compensation annuities based on the pneumoconiosis grade which is determined as at the time the medical care is provided.

(3) Procedures for applying for and paying lump-sum payment referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Enforcement Ordinance

Enforcement Ordinance

Article 77 (Measures for Prevention of Complications)

(1) The Service may allow any person who is likely to be placed under additional medical care due to the development of a complication, etc., among persons who their occupational injuries or diseases have been cured, to receive treatment necessary for the prevention thereof at an industrial accident insurance-related medical institution.

(2) The detailed matters necessary for preventive measures under paragraph (1), such as the subjects and details of treatment and the standards for calculating treatment costs, shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Jan. 27, 2010]

Article 78 (Special Disability Benefits)

(1) Where an employee has sustained any disability falling under such disability grade or pneumoconiosis grade as determined by Presidential Decree due to an occupational accident caused by any intentional or negligent conduct by the policyholder, if the beneficiary claims special disability benefits in lieu of a claim for compensation of damage as prescribed by the Civil Act, special disability benefits prescribed by Presidential Decree may be paid in addition to disability benefits under Article 57 or pneumoconiosis compensation annuities under Article 91-3: Provided, That it shall be limited to cases where an agreement between the employee and the policyholder is made on the special disability benefits.

(2) If a beneficiary has received special disability benefits under paragraph (1), he or she may not claim for damages pursuant to the Civil Act or other statutes, against the policyholder for the same cause.

(3) If the Service has paid special disability benefits under paragraph (1), it shall collect the total of such benefits from the policyholder as prescribed by Presidential Decree.

Enforcement Ordinance

Article 79 (Special Survivors Benefits)

(1) In the event that a worker has died due to a work-related accident caused by the intention or negligence of the insurance subscriber, if the entitled person claims special survivors benefits in lieu of the claim for damage prescribed by the Civil Act, the special survivors benefits prescribed by the Presidential Decree may be paid in addition to the survivors’ benefits referred to in Article 62 or pneumoconiosis survivors annuities prescribed in Article 91-4. [Amended by Act No. 10305, May 20, 2010]
(2) The proviso of paragraph (1) and paragraphs (2) and (3) of Article 78 shall apply mutatis mutandis to the special survivors’ benefits as referred to in paragraph (1). In this case, “special disability benefits” shall be read as “special survivors’ benefits”.

Enforcement Ordinance

Enforcement Ordinance

Article 80 (Relation with Other Compensation or Indemnity)

(1) If a beneficiary has received or can receive any insurance benefit pursuant to this Act, the policyholder shall be exempted from liability for accident compensation, as prescribed by the Labor Standards Act for the same cause.

(2) If a beneficiary has received any insurance benefit as prescribed by this Act for the same cause, the policyholder shall be exempted from liability for indemnity as prescribed by the Civil Act and other statutes, within the limits of the amount of such insurance benefit. In such cases, a person who receives a disability compensation annuity, or survivors' compensation annuity shall be deemed to receive a lump-sum disability compensation benefit or survivors' compensation benefit.

(3) If a beneficiary has received, under the Civil Act or other statutes, any money or valuables equivalent to the amount of insurance benefits prescribed by this Act for the same cause, the Service shall not pay insurance benefits prescribed by this Act within the limits of the amount calculated by converting the money or valuables so received according to the method determined by Presidential Decree: Provided, That this shall not apply to the amount of annuity corresponding to the lump-sum disability compensation benefit or survivors' compensation benefit deemed to have been paid to the beneficiary under the latter part of paragraph (2).

(4) If an employee who receives medical care benefits has received any injury-disease compensation annuity after the third anniversary from the commencement of medical care, the relevant employer shall be deemed to have paid lump-sum compensation benefits as prescribed in Article 84 of the Labor Standards Act after such third anniversary, in application of the proviso of Article 23 (2) of the same Act.

Enforcement Ordinance

Article 81 (Unpaid Insurance Benefits)

(1) In the event that a person entitled to insurance benefits has died, if there are any insurance benefits to be paid, but not yet paid to, the entitled person, such insurance benefits shall be paid upon claim of his/her surviving family members (in case of survivors’ benefits, other survivors who are entitled to receive survivors’ benefits).
(2) In the case of paragraph (1), if the entitled person fails to claim insurance benefits prior to his/her death, the insurance benefits shall be paid upon claim of his/her survivors pursuant to the same paragraph.

Enforcement Ordinance

Enforcement Ordinance

Article 82 (Payment of Insurance Benefits)

(1) Insurance benefits shall be paid within fourteen days after the payment thereof is decided.
(2) Where there exists an application from an entitled person, the Corporation shall deposit insurance benefits into the confirmed account under the name of the entitled person (hereinafter referred to as an insurance benefits account): Provided that, in the event it is impossible to transfer the insurance benefits to the insurance benefits account due to an information-communication technology disability or other unavoidable reason prescribed by Presidential Decree, the insurance benefits may be paid as determined by Presidential Decree.
(3) The relevant financial institutions for the insurance benefits account shall direct management of the benefits so that only the insurance benefits pursuant to this Act can be deposited into an insurance benefits account.
(4) The application methods and process pursuant to paragraph (2) and the matters concerning management of insurance benefits accounts pursuant to paragraph (3) shall be prescribed by Presidential Decree.

Article 83 (Restrictions on Payment of Insurance Benefits)

(1) If a worker falls under any of the following subparagraphs, the Corporation may not pay all or part of the insurance benefits：[Amended by Act No. 10305, May 20, 2010]
1. Where while undergoing medical care, the worker has aggravated the state of his/her injury, disease or physical disability, or obstructed the cure thereof by violating instructions relating to medical care without any justifiable reasons；
2. Where a person entitled to disability or pneumoconiosis compensation annuities aggravated the state of his/her disability on purpose, such as through self-harm, before the disability or pneumoconiosis disability grade is redetermined pursuant to Article 59.
(2) If the Corporation has decided not to pay insurance benefits pursuant to paragraph (1), it shall notify this without delay to the insurance subscriber and the worker concerned.
(3) The types of insurance benefits subject to the restrictions on the payment of insurance benefits under paragraph (1) and the scope of the restrictions shall be prescribed by the Presidential Decree.

Enforcement Ordinance

Article 84 (Collection of Undue Gains)

(1) Where any person who has received insurance benefits falls under any of the following subparagraphs, the Service shall collect an amount equivalent to such insurance benefits (in the case of subparagraph 1, an amount equivalent to double the benefits). In such cases, the amount which the Service has claimed and received from the National Health Insurance Corporation, etc. pursuant to Article 90 (2) shall be excluded from the amount to be collected:

1. Where he or she has received the insurance benefits by fraud or other improper means;

2. Where a beneficiary or former beneficiary has unjustly received the insurance benefits by failing to perform his or her duty to report under Article 114 (2) through (4);

3. Where there exist mistakenly paid insurance benefits.

(2) In the case of paragraph (1) 1, if the payment of the insurance benefits is based on false reporting, diagnosis or certification by the policyholder, an industrial accident insurance-related medical institution, or a vocational training institution, they shall be held jointly liable for the insurance benefits.

(3) If an industrial accident insurance-related medical institution or a pharmacy prescribed in Article 46 (1) falls under any of the following subparagraphs, the Service shall collect an amount equivalent to the medical expenses or medicine expenses: Provided, That in the case of subparagraph 1, an amount equivalent to double the medical expenses or medicine expenses (an amount equivalent to the medical expenses where penalty surcharges are imposed pursuant to Article 44 (1)) shall be collected:

1. Where the medical expenses or medicine expenses are obtained by fraud or other improper means;

2. Where the medical expenses or medicine expenses are obtained unjustly in violation of the standards for calculating medical care benefits prescribed in Article 40 (5) or 91-9 (3) and the standards for calculating treatment costs prescribed in Article 77 (2);

3. Where the medical expenses or medicine expenses are obtained mistakenly.

(4) Notwithstanding paragraph (1) and the proviso of paragraph (3), if a person who has received any insurance benefits, medical expenses or medicine expenses by fraud or other improper means (including any person who is held jointly liable under paragraph (2)) voluntarily reports the fact of unlawful receipt before an investigation into the unlawful receipt is commenced, the Service may exempt him or her from the collection of any amount in excess of the insurance benefits, medical expenses, or medicine expenses.

Article 84-2 (Disclosure of the List of Fraudulent Recipients)

(1) The Corporation may disclose the list of persons to whom Article 84 paragraph 1, subparagraph 1, or paragraph 3, subparagraph 1 applies (hereinafter referred to as “fraudulent recipient”) and to whom any of the following subparagraphs applies every three years from the previous year: In this case, the list of persons taking joint responsibility pursuant to paragraph 2 may be disclosed together.
1. Persons who submit fraudulent receipts 2 or more times and whose total value on those fraudulent receipts is KRW 100 million or more;
2. Persons who have received KRW 200 million won or more in one case of fraud.
(2) Where disclosure of the list 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., the list under paragraph (1) may not be disclosed.
(3) The Corporation may disclose the list after the process for objection or appeal of dissatisfaction is completed with respect to the disposition of the collection of undue gains as the objection or appeal of dissatisfaction process is under way.
(4) The Corporation shall notify the person subject to disclosure under paragraph (1) in advance as provided in the Ordinance from the Ministry of Employment and Labor and shall give that person opportunity to explain.
(5) Other matters necessary for the method and procedure of disclosure shall be determined by Ordinance of the Ministry of Employment and Labor.
<This Article Inserted by Act No. 15665, Jun. 12, 2018>

Enforcement Ordinance

Enforcement Ordinance

Article 85 (Collection of Charges)

The provisions of Articles 27, 28, 29, 30, 39, 41 and 42 of the Insurance Premium Collection Act shall apply mutatis mutandis to the collection of insurance benefits under Article 39 (2), the collection of special disability benefits under Article 78, the collection of special survivors’ benefits under Article 79 and the collection of undue gains under Article 84. In this case, “the National Health Insurance Corporation” shall be read as “the Corporation”. [Amended by Act No. 9988, Jan. 27, 2010]

Article 86 (Appropriation of Insurance Benefits, etc.)

(1) The Corporation, if there are any insurance benefits, medical expenses or medicine expenses it has to pay to a person who has taken undue gains pursuant to Article 84 (1) and (3), or an insurance subscriber or an industrial accident insurance-related medical institution held jointly responsible pursuant to Article 84 (2), may appropriate them to the amount to be collected pursuant to Article 84.
(2) The maximum limit to and procedure for the appropriation of insurance benefits, medical expenses and medicine expenses shall be prescribed by the Presidential Decree.

Enforcement Ordinance

Article 87 (Claim for Indemnification to Third Persons)

(1) Where insurance benefits are paid due to an accident caused by a third person's act, the Service shall be subrogated to the rights of a person who has received the insurance benefits, to exercise the claim for damages against the third person, within the limits of the amount of such benefits: Provided, That this shall not apply where at least two business owners as policyholders portion out one line of business at the same place and operate their own portion of the business respectively, and, in the course of operation, an accident occurs due to an act committed by an employee of the other business owner.

(2) In cases falling under paragraph (1), if a beneficiary has been paid damages equivalent to insurance benefits under this Act from a third person for the same reason, the Service shall not pay insurance benefits under this Act, within the limits of the amount of the damages converted by the method prescribed by Presidential Decree.

(3) If any accident occurs by an act of a third person, the beneficiary and policyholder shall report such accident to the Service without delay.

Enforcement Ordinance

Article 87-2 (Indemnification Consultation and Arrangement Council etc.)

(1) If an agency claims indemnification with an insurer etc. (hereinafter referred to as “insurer etc.” in this article) as prescribed in Article 2 paragraph (7) of the Guarantee of Automobile Accident Compensation Act in accordance with Article 87, the agency may constitute and operate an indemnification consultation and arrangement council to consult and determine the amount of indemnification to be paid out.
(2) Agencies and insurers etc. may request information from each other as necessary for consultation and management as prescribed in paragraph (1). Such requests shall be granted unless there is justifiable reason not to do so.
(3) Matters necessary for organization and operation of the indemnification consultation and arrangement council as prescribed in paragraphs (1) and (2) shall be determined by the agency.

Enforcement Ordinance

Article 88 (Protection of Right to Benefits)

(1) The right of a worker to receive insurance benefits shall not be extinguished by his/her retirement.
(2) The right to receive insurance benefits shall not be transferred, seized or offered as collateral.
(3) A deposit into the insurance benefits account designated in accordance with Article 82 (2) shall not be seized if the amount of money is less than the amount prescribed by Presidential Decree.

Article 89 (Exercise by Proxy of Right to Benefits)

In case an insurance subscriber (including the subcontractors prescribed in subparagraph 5 of Article 2 of the Insurance Premium Collection Act；hereinafter the same shall apply) pays an entitled person money or valuable goods equivalent to the insurance benefits pursuant to the Civil Act or other Acts and subordinate statues for his/her worker’s work-related accident for the same reason for which insurance benefits are paid in accordance with this Act, and the money or valuable goods are considered as a substitute for the insurance benefits, the insurance subscriber may subrogate the right of the entitled person to receive the insurance benefits as prescribed by the Presidential Decree.

Enforcement Ordinance

Article 90 (Settlement of Accounts of Medical Care Benefit Costs)

(1) In case where the National Health Insurance Corporation under Article 13 of the National Health Insurance Act or the head of a Si, Gun or Gu (hereinafter referred to as “the National Health Insurance Corporation, etc.”) under Article 5 of the Medical Benefit Act has paid medical care benefits, etc., under health insurance to a person entitled to the medical care benefits prescribed by this Act and then claims the costs, the Corporation may pay an amount equivalent to the medical care benefits if the medical care benefits, etc., under health insurance are deemed equivalent to the medical care benefits payable under this Act. [Amended by Act No. 11141, Dec. 31, 2011]
(2) In case where the Corporation has paid an entitled person medical care benefits and then the decision on such payment is cancelled, the Corporation may claim an amount equivalent to the medical care benefits, etc., under health insurance from the National Health Insurance Corporation if the paid medical care benefits are deemed equivalent to the medical care benefits, etc., under health insurance, which are payable under the National Health Insurance Act or the Medical Benefit Act.

Article 90-2 (Settlement of Medical Care Benefit Costs of the National Health Insurance)

(1) Where the person who received the medical care benefits or additional medical care under Article 40 is entitled to the medical care benefits pursuant to Article 41 of [the National Health Insurance Act] within two years from the end of medical care (Provided that the person received the medical care benefits in compensation for an occupational injury or an occupational disease that was the object of the terminated medical care), the Service may pay an amount equivalent to the medical care benefits that the National Health Insurance Corporation had defrayed.
(2) The procedures for payment of the medical care benefits referred to in paragraph (1) shall be prescribed by ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Act No. 13045, Jan. 20, 2015]

Article 91 (Exemption of Public Charges)

Public charges of the State or a local government shall not be imposed on money or valuable goods provided as insurance benefits.

Enforcement Ordinance

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]

Article 92 (Labor Welfare Projects)

(1) The Minister of Employment and Labor shall carry out projects described in any of the following subparagraphs to promote workers’ welfare：[Amended by Act No. 10339, Jun. 4, 2010]
1. Establishment and operation of insurance facilities described in any of the following items to promote a smooth return to society of workers affected by work-related accidents：
A. Facilities for medical care and post-surgery care；and
B. Facilities for medical or occupational rehabilitation；
2. Projects to promote the welfare of accident victims and their survivors, such as scholarship project, etc.；
3. Other projects to establish and operate facilities for promoting the welfare of workers.
(2) The Minister of Employment and Labor may have the Corporation or any juristic persons (hereinafter referred to as the “designated juristic persons”) established to promote the welfare of accident victims and designated by the Minister of Employment and Labor carry out the projects as referred to in paragraph (1), or may entrust them with the operation of insurance facilities pursuant to subparagraph 1 of the same paragraph. [Amended by Act No. 10339, Jun. 4, 2010]
(3) Necessary matters concerning criteria for the designation of juristic persons shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(4) The Minister of Employment and Labor may support part of the expenses for the projects of designated juristic persons within the limits of budgets. [Amended by Act No. 10339, Jun. 4, 2010]

Article 93 (Loans for Individual Co-payment of Medical Care Benefit Costs under National Health Insurance)

(1) If any person prescribed by Presidential Decree in consideration of the period, etc. taking to make a decision on medical care benefits, files a request for medical care in relation to an occupational disease referred to in Article 37 (1) 2, the Service may offer a loan to such person for the individual co-payment of medical care benefit costs under Article 44 of the National Health Insurance Act.

(2) If there are any medical care benefits under this Act payable to a person, who is provided with a loan pursuant to paragraph (1), the Service may appropriate such medical care benefits for the repayment of the loan.

(3) The amount, conditions and procedures of a loan referred to in paragraph (1) shall be determined by the Service with the approval of the Minister of Employment and Labor.

(4) The maximum limit to and procedures for the appropriation of medical care benefits referred to in paragraph (2) shall be prescribed by Presidential Decree.

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Article 94 (Employment Promotion for Recipients of Disability Benefits)

The Minister of Employment and Labor may recommend any policyholder to employ recipients of disability benefits or pneumoconiosis compensation annuities in jobs appropriate to their aptitudes.

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Article 95 (Establishment and Creation of Industrial Accident Compensation Insurance and Prevention Fund)

(1) In order to secure financial resources necessary for the insurance business and industrial accident prevention projects, and to appropriate such resources for insurance benefits, the Minister of Employment and Labor shall establish an Industrial Accident Compensation Insurance and Prevention Fund (hereinafter referred to as the "Fund").

(2) The Fund shall be created out of insurance premiums, proceeds accruing from operation of the Fund, reserve funds, surplus resulting from the settlement of accounts of the Fund, contributions and donations from the Government or any person other than the Government, loans, and other revenues.

(3) In order to conduct industrial accident prevention projects, the Government shall, each fiscal year, appropriate contributions of the Government under paragraph (2) for the expenditure budget within the limit of 3/100 of the total Fund expenditure budget.

Article 96 (Use of Fund)

(1) The Fund shall be used for any of the following purposes:

1. Payment of insurance benefits and return of refunds;

2. Redemption of loans and interests thereon;

3. Contribution to the Service;

4. Purpose as prescribed in Article 12 of the Occupational Safety and Health Act;

5. Promotion of the welfare of employees suffering from accidents;

6. Contribution to the Korea Occupational Safety and Health Agency established pursuant to the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the "Korea Occupational Safety and Health Agency");

7. Contribution to any person entrusted with business under Article 4 of the Insurance Premium Collection Act;

8. Other insurance business and the management and operation of the Fund.

(2) The Minister of Employment and Labor shall, for each fiscal year, appropriate at least 8/100 of the total amount of Fund expenditure budget falling under any subparagraph of paragraph (1) for the purposes prescribed in paragraph (1) 4 and 6.

(3) The amount to be contributed to the National Health Insurance Service under Article 13 of the National Health Insurance Act from the Fund pursuant to paragraph (1) 7 shall be calculated based on the proportion of collection services (referring to services concerning notification, receipt, and delinquency).

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Article 97 (Management and Operation of Fund)

(1) The Fund shall be managed and operated by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall manage and operate the Fund according to the methods prescribed in any of the following subparagraphs：[Amended by Act No. 10339, Jun. 4, 2010]
1. Deposits and money trust in financial institutions or postal service agencies；
2. Deposits in financial funds；
3. Purchase of profit-making securities, such as investment trust, etc.；
4. Purchase of securities issued directly, or for which the fulfillment of obligations is guaranteed by the State, a local government or financial institutions；
5. Other activities prescribed by the Presidential Decree to increase the Fund.
(3) In managing and operating the Fund under paragraph (2), the Minister of Employment and Labor shall make efforts to make the proceeds more than the level prescribed by the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]
(4) The Fund shall be accounted pursuant to Article 11 of the National Accounting Act.
(5) The Minister of Employment and Labor may entrust the Corporation or the Korea Occupational Safety and Health Agency with part of affairs concerning the management and operation of the Fund. [Amended by Act No. 10339, Jun. 4, 2010]

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Article 98 (Fund Operation Plan)

The Minister of Employment and Labor shall establish each fiscal year fund operation plans through deliberation at the Committee. [Amended by Act No. 10339, Jun. 4, 2010]

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Article 99 (Accumulation of Legal Liability Reserve)

(1) The Minister of Employment and Labor shall accumulate legal liability reserves to finance insurance benefits. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall calculate the amount of legal liability reserve every fiscal year and if reserve funds exceed the legal liability reserve, shall use the excess as financial resources to pay future insurance benefits, and if they are short, accumulate reserve funds from premium revenues to fill the shortfall. [Amended by Act No. 10339, Jun. 4, 2010]
(3) Necessary matters concerning criteria for the calculation and accumulation of the legal liability reserve as referred to in paragraph (1) shall be prescribed by the Presidential Decree.

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Article 100 (Settlement of Surplus and Loss)

(1) If there is any surplus as a result of a settlement of accounts of the Fund, it shall be deposited as reserve funds.
(2) If there is any loss as a result of a settlement of accounts of the Fund, it may be made up using reserve funds.

Article 101 (Loan)

(1) A loan may, if necessary, be made against the security of the Fund to disburse the expenses arising from the Fund.
(2) If there is lack of cash for disbursement in the Fund, a temporary loan may be made against the security of the Fund.
(3) The temporary loan as referred to in paragraph (2) shall be repaid within the fiscal year concerned.

Article 102 (Receipts, Disbursements, etc. of Fund)

Matters concerning procedures, etc. for receipts and disbursements in the management and operation of the Fund, shall be prescribed by the Presidential Decree.

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Article 103 (Request for Examination)

(1) A person who is dissatisfied with decisions, etc., (hereinafter referred to as “decisions, etc., on insurance benefits etc.”) by the Corporation, falling under any of the following subparagraphs, may make a request for examination to the Corporation：[Amended by Act No. 10305, May 20, 2010]
1. Decisions on the insurance benefits under Chapter III and Chapter III-2；
2. Decisions on the medical expenses under Article 45 and Article 91-6 (4)；
3. Decisions on the medicine expenses under Article 46；
4. Measures, etc., to change a medical treatment plan under Article 47 (2)；
5. Decisions on the lump-sum payment of insurance benefits under Article 76；
5-2. Measures concerning prevention and control of complications, etc. under Article 77；
6. Decisions on the collection of undue gains under Article 84；
7. Decisions on the subrogation of the right to receive benefits under Article 89
(2) The request for examination as referred to in paragraph (1) shall be made to the Corporation through an organization under the control of the Corporation, which has made the decision, etc., on the insurance benefits concerned.
(3) The request for examination as referred to in paragraph (1) shall be made within 90 days after the decision on insurance benefits is informed.
(4) An organization under the control of the Corporation shall, upon receiving a request for examination pursuant to paragraph (2), send it to the Corporation together with its written opinion within five days.
(5) No administrative appeal as prescribed by the Administrative Appeals Act shall be made against a decision, etc., on insurance benefits.

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Article 104 (Industrial Accident Compensation Insurance Examination Committee)

(1) In order to deliberate on a request for examination made pursuant to Article 103, the Industrial Accident Compensation Insurance Examination Committee (hereinafter referred to as the “Examination Committee”) composed of relevant experts shall be set up in the Corporation.
(2) The provision of Article 108 shall apply mutatis mutandis to the exclusion, challenge and refrainment of a member of the Examination Committee.
(3) Necessary matters concerning the composition and operation of the Examination Committee shall be prescribed by the Presidential Decree.

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Article 105 (Deliberation and Decisions on Requests for Examination)

(1) The Service shall make a decision on any request for examination filed after deliberation by the Examination Committee within 60 days after it receives a written request for examination under Article 103 (4): Provided, That where it is impossible to make a decision thereon within such period due to unavoidable reasons, such period may be extended only once within the limit of 20 days.

(2) Notwithstanding the main clause of paragraph (1), if there is any ground prescribed by Presidential Decree, such as a request for examination filed after the period of the request for examination ends, a decision on the request for examination may be rendered without a deliberation process by the Examination Committee.

(3) When the period of the decision is extended pursuant to the proviso of paragraph (1), the requester for examination and the agency affiliated with the Service which has rendered the decision on insurance benefits, etc. shall be informed thereof until seven days before the period of the initial decision ends.

(4) If it is required for deliberating on a request for examination, the Service may, upon request by the requester or ex officio, take the following measures:

1. To have the requester or other interested person appear at a designated place, in order to ask questions or to seek his or her opinion;

2. To have the requester or other interested person present any documents or other things that can be used as evidence;

3. To have a third person having expertise or experience make an appraisal;

4. To have an employee belonging to the Service enter any place of business or other place related to the case, in order to ask questions to the business owner, employees and other interested persons or to inspect documents or other things;

5. To have an employee related to the request for examination diagnosed by a doctor, dentist or oriental medical doctor (hereinafter referred to as "doctor, etc.") designated by the Service.

(5) Any employee belonging to the Service who makes questions or inspections under paragraph (4) 4 shall carry a certificate indicating his or her authority and show it to interested persons.

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Article 106 (Request for Re-examination)

(1) A person, who is dissatisfied with a decision on a request for examination made under Article 105 (1), may make a request for reexamination to the Industrial Accident Compensation Insurance Reexamination Committee as prescribed in Article 107：Provided that a person who is dissatisfied with a decision on insurance benefits, which has been deliberated by the Adjudication Committee, may make a request for reexamination without making a request for examination pursuant to Article 103.
(2) The request for reexamination as referred to in paragraph (1) shall be made to the Industrial Accident Compensation Insurance Reexamination Committee prescribed in Article 107 through an affiliate organization of the Corporation, which has made the decision, etc., on insurance benefits.
(3) The request for reexamination as referred to in paragraph (1) shall be made within ninety days after the decision on the request for examination is informed：Provided that if a request for reexamination is made without making a request for examination pursuant to the proviso of paragraph (1), the request shall be made within ninety days after the decision on insurance benefits is informed.
(4) The provisions of Article 103 (4) shall apply mutatis mutandis with regard to requests for reexamination. In this case, “written request for examination” shall be read as “written request for reexamination”, and “Corporation” as the “Industrial Accident Compensation Insurance Reexamination Committee”.

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Article 107 (Industrial Accident Compensation Insurance Reexamination Committee)

(1) In order to deliberate and decide on requests for reexamination as prescribed in Article 106, there shall be established an Industrial Accident Compensation Insurance Reexamination Committee (hereinafter referred to as the "Reexamination Committee") in the Ministry of Employment and Labor.

(2) The Reexamination Committee shall be comprised of up to 90 members, including one chairperson, but two persons of such members shall be standing members; and one person of such members shall be an ex officio member.

(3) Two-fifths of the members of the Reexamination Committee shall be comprised of persons recommended by employees' organizations and employers' organizations, respectively, from among persons falling under paragraph (5) 2 through 5. In such cases, the number of persons recommended by employees' organizations shall be equal to the number of persons recommended by employers' organizations.

(4) Notwithstanding paragraph (3), where the number of persons recommended by employees' organizations or employers' organizations, respectively, is less than 1/5 of the total number of members to be commissioned, the latter part of paragraph (3) shall not apply; and the number of members recommended by employees' organizations and employers' organizations may be less than 2/5 of the total number of members.

(5) The chairperson and members of the Reexamination Committee shall be appointed by the President upon the recommendation of the Minister of Employment and Labor, from among the following persons: Provided, That the ex officio member shall be a person nominated by the Minister of Employment and Labor, from among public officials of Grade III in general service of the Ministry of Employment and Labor or from among public officials in general service of the Senior Executive Service:

1. Those who are or were in office as public officials of at least Grade III or public officials in general service of the Senior Executive Service;

2. Judges, public prosecutors, attorneys-at-law, or certified labor affairs consultants with at least 10 years of experience;

3. Those who are or were in office as associate professors or higher at schools prescribed in Article 2 of the Higher Education Act;

4. Those who have engaged in labor-related services or industrial accident compensation insurance-related services for at least 15 years;

5. Those with substantial knowledge and experience in social insurance or industrial medical science.

(6) None of the following persons shall be appointed as a member:

1. A person under adult guardianship, a person under limited guardianship, or a person declared bankrupt and not yet reinstated;

2. A person for whom three years have not passed since his or her imprisonment without labor or a heavier punishment declared by a court was completely executed or the non-execution of such sentence became final;

3. A mentally defective person or a mentally weak person.

(7) The term of office of members (excluding ex officio members) of the Reexamination Committee shall be three years but may be renewed consecutively; and the chairperson or a member whose term has expired shall continue to perform his or her duties until his or her successor is appointed.

(8) No member of the Reexamination Committee shall be dismissed from office against his or her will except in any of the following cases:

1. Where he or she is sentenced to imprisonment without labor or a heavier punishment;

2. Where he or she becomes unable to perform his or her duties due to any chronic physical or mental infirmity;

3. Where he or she commits any misconduct in relation to his or her duties or is deemed unfit to be in office as a member of the Reexamination Committee due to a misconduct.

(9) The Reexamination Committee shall establish a secretariat.

(10) Matters necessary for the organization, operation, etc. of the Reexamination Committee shall be determined by Presidential Decree.

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Article 108 (Exclusion of, Challenge to, or Recusal of, Members)

(1) Any member of the Reexamination Committee shall be excluded from participating in the hearing and ruling of a case if he or she falls under any of the following subparagraphs:

1. Where a member or his or her spouse or former spouse is a party to the case, or a joint right holder or obligor regarding the case;

2. Where a member is or was a relative of a party to the case, who is prescribed in Article 777 of the Civil Act;

3. Where a member gives any testimony or makes an appraisal regarding the case;

4. Where a member is or was involved as an agent of a party to the case;

5. Where a member is involved in making a decision on insurance benefits, etc. which is the subject matter of the case.

(2) If any party finds it difficult to expect a fair hearing or ruling from a member, it may file an application to challenge such member.

(3) If any member falls under any ground as defined in paragraph (1) or (2), he or she may recuse himself or herself from the hearing and ruling of the case.

(4) Paragraphs (1) through (3) shall apply mutatis mutandis to employees, other than members, who are involved in clerical work concerning the hearing and ruling of a case.

Article 109 (Review and Ruling on Request for Reexamination)

(1) The provisions of Article 105 (1) and (3) through (5) shall apply mutatis mutandis with regard to review and decision on a request for reexamination. In this case, “Corporation” shall be read as “Reexamination Committee”, “request for examination through deliberation by the Examination Committee” as “request for reexamination”, “decision” as “ruling”, and “employee of the Corporation” as “member of the Reexamination Committee”, respectively.
(2) The ruling of the Reexamination Committee shall be binding on the Corporation.

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Article 110 (Succession to Status of Person Requesting Examination and Re-Examination)

In the event that a person requesting an examination or a reexamination is dead, if he/she is a person entitled to insurance benefits, the status shall be succeeded by the survivors as prescribed in Article 62 (1) or 81, and if not, by his/her heir or a person who has succeeded to the right or interest related to the insurance benefits subject to the request for examination or reexamination.

Article 111 (Relation with Other Acts)

(1) With respect to an interruption of prescription, a request for examination or reexamination made pursuant to Articles 103 and 106 shall be considered as a judicial request as prescribed in Article 168 of the Civil Act.
(2) In applying Article 18 of the Administrative Litigation Act, a ruling on a request for reexamination made pursuant to Article 106 shall be considered as a ruling on administrative appeals.
(3) Matters not provided for by this Act concerning a request for examination or reexamination under Articles 103 and 106 shall be governed by the provisions of the Administrative Appeals Act.

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Article 112 (Prescription)

(1) If a right described in any of the following subparagraphs is not exercised for three years, it shall become extinctive by prescription: Provided, That entitlement to disability benefits, survivors’ benefits, funeral expenses, pneumoconiosis compensation annuity, or pneumoconiosis survivors’ annuity among the insurance benefits under subparagraph 1 shall be extinguished by completion of prescription unless it is exercised for five years:

1. Entitlement to insurance benefits under Article 36 (1);

2. Right of an industrial accident insurance-related medical institution referred to in Article 45;

3. Right of a pharmacy referred to in Article 46;

4. Right of a policyholder referred to in Article 89;

5. Right of the National Health Insurance Corporation, etc. referred to in Article 90 (1).

(2) Except as provided in this Act, extinctive prescription under paragraph (1) shall be subject to the Civil Act.

Article 113 (Interruption of Prescription)

Extinctive prescription under Article 112 shall be interrupted by a request filed under Article 36 (2). In such cases, where the request is the first request requiring a judgment on whether the case concerns an occupational accident prescribed in subparagraph 1 of Article 5, the interruption of prescription resulting from the request shall affect the other insurance benefits referred to in Article 36 (1).

Article 114 (Report, etc.)

(1) If deemed necessary, the Service may ask, as prescribed by Presidential Decree, the owner of a business subject to this Act or employees engaged in such business and an agency handling insurance business under Article 33 of the Insurance Premium Collection Act (hereinafter referred to as "insurance business agency") to make a necessary report relating to the insurance business or to submit related documents.

(2) Any person entitled to a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity shall report to the Service such matters prescribed by Presidential Decree as necessary for the payment of the insurance benefits.

(3) A beneficiary or former beneficiary shall report to the Service such matters prescribed by Presidential Decree as related to any change in entitlement to insurance benefits.

(4) If a beneficiary dies, a person who is responsible for reporting under Article 85 of the Act on the Registration, etc. of Family Relationships shall report such death to the Service within one month.

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Article 115 (Report of Departure of Persons Entitled to Annuity, etc.)

(1) If a person entitled to disability compensation annuities, a person entitled to survivors compensation annuities, a person entitled to pneumoconiosis compensation annuities, a person entitled to pneumoconiosis survivors annuities (hereinafter referred to as the “person entitled to disability compensation annuity, etc.”) or a person qualified to receive survivors compensation annuities, a person qualified to receive pneumoconiosis survivors annuities, who is a Korean national, departs from Korea to live in a foreign country, the person entitled to disability compensation annuities, etc., shall report this to the Corporation.
(2) If a person entitled to disability compensation annuity, etc, or a person qualified to receive survivors compensation annuities or pneumoconiosis survivors annuities receives a disability compensation annuity or survivors compensation annuity or pneumoconiosis compensation annuity, pneumoconiosis survivors annuities while living in a foreign country, the person entitled to disability compensation annuities, etc. shall report to the Corporation such matters as prescribed by the Presidential Decree concerning the entitlement and qualification once or more every year under the conditions prescribed by the Ordinance of the Ministry of Employment and Labor.
<Title of this Article Amended by Act No. 10305, May. 20, 2010>

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Article 116 (Business Owner’s Assistance)

(1) If it is difficult for a person entitled to insurance benefits to proceed with the procedure for filing a claim, etc. for the insurance benefits, due to any accident, the relevant business owner shall assist him or her therein.

(2) If a person entitled to insurance benefits demands certification necessary for receiving them, the relevant business owner shall provide such certification.

(3) If it is impossible to provide certification referred to in paragraph (2) because the whereabouts of the business owner is unknown or other unavoidable reasons exist, such certification may be omitted.

Article 117 (Investigation of Workplace, etc.)

(1) If it is deemed necessary for making a decision on insurance benefits or making a review, decision, etc., on a request for examination, the Corporation may have its own employee enter the office or place of a business, to which this Act applies, and the office of an insurance work service agency, ask related persons questions or investigate related documents.
(2) In the case of paragraph (1), the employee of the Corporation shall carry a certificate proving his/her authority and show it to related persons.

Article 118 (Investigation, etc. of Industrial Accident Insurance-related Medical Institution)

(1) If it is deemed necessary in relation to insurance benefits, the Corporation may demand the industrial accident insurance-related medical institution (including doctors；hereinafter in this Act the same shall apply) which has given medical treatment to a worker who receives insurance benefits to make a report on the results of the medical treatment or submit related documents or things, or may have its employees ask related persons questions or investigate related documents or things, under the conditions prescribed by the Presidential Decree.
(2) The provisions of Article 117 (2) shall apply mutatis mutandis with respect to the investigation referred to in paragraph (1).

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Article 119 (Demand for Medical Examination)

If deemed necessary for any insurance benefits, the Service may demand that any person who receives or intends to receive the insurance benefits undergo medical examination at an industrial accident insurance-related medical institution, as prescribed by Presidential Decree.

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Article 119-2 (Payment of Reward Money)

The Corporation may award a payment under the conditions prescribed by Ordinance of the Ministry of Employment and Labor within its own budget to a person for reporting those who have inappropriately received insurance benefits, medical examination expenses, or pharmacy expenses compensations, in accordance with Article 84 (1) and (3).
<This Article Newly Inserted by Act No. 10305, May 20, 2010>

Article 120 (Temporary Suspension of Insurance Benefits)

(1) If a person who intends to receive insurance benefits falls under any of the following subparagraphs, the Service may temporarily suspend the payment of such insurance benefits:

1. Where an employee in the course of medical care fails, without good cause, to follow the order to transfer to another medical institution given by the Service pursuant to Article 48 (1);

2. Where a person fails to comply with a demand issued by the Service by virtue of its authority to redetermine his or her disability grade or pneumoconiosis grade pursuant to Article 59;

3. Where a person fails to make a report or submit documents or to report as prescribed in Article 114 or 115;

4. Where a person fails to respond to questions or investigations as prescribed in Article 117;

5. Where a person fails to comply with a demand for medical examination as prescribed in Article 119.

(2) The types of insurance benefits subject to temporary suspension referred to in paragraph (1) and the period and procedures of the temporary suspension shall be prescribed by Presidential Decree.

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Article 121 (Special Case for Overseas Business)

(1) In order to compensate a worker for an accident occurring during a period of his/her overseas stay for work, a person (hereinafter referred to as the “insurance company”) designated by the Minister of Employment and Labor after consultation with the Financial Services Commission may be permitted to carry out the insurance activities under this Act on his/her own account in the case of business run in a country or an area prescribed by a social security-related treaty or convention (hereinafter referred to as the “social security-related treaty”) to which Korea is a party
(2) The insurance company referred to in paragraph (1) shall carry out insurance activities in accordance with the business method prescribed by the Insurance Business Act. In this case, the insurance benefits paid by the insurance company shall not be unfavorable for workers compared with the insurance benefits prescribed by this Act.
(3) An insurance company carrying out insurance activities pursuant to paragraph (1) shall fulfill in good faith all the responsibilities the Government should bear under this Act and a social security-related treaty for workers.
(4) The provisions of Article 2, Article 3 (1), the proviso of Article 6, Article 8 and Article 82 (1) and the provisions of Chapters V and VI shall not apply to the overseas business as referred to in paragraph (1) and insurance activities aimed at such business.
(5) In carrying out insurance activities pursuant to paragraph (1), an insurance company may exercise the authority of the Corporation as prescribed by this Act.

Article 122 (Special Case for Persons Dispatched Overseas)

(1) If any policyholder referred to in Article 5 (3) and (4) of the Insurance Premium Collection Act applies for an insurance policy to the Service and obtains approval therefrom for a person dispatched to work in a business run by the said policyholder in a territory (excluding any territory prescribed by Ordinance of the Ministry of Employment and Labor) other than the Republic of Korea (hereinafter referred to as "person dispatched overseas"), the person dispatched overseas may be deemed an employee employed for a business (where at least two businesses exist, this refers to the main business) within the territory of the Republic of Korea and thus be subject to this Act.

(2) The amount of wages, used as the basis for calculating insurance benefits of a person dispatched overseas shall be the amount determined and publicly notified by the Minister of Employment and Labor taking account of the amount of wages for employees employed in the same type of work in the relevant business and other conditions.

(3) Matters necessary for the payment, etc. of insurance benefits to persons dispatched overseas shall be determined by Ordinance of the Ministry of Employment and Labor.

(4) The Insurance Premium Collection Act shall apply to calculation of insurance premiums, applications and approvals for insurance policies, reporting and payment of insurance premiums, termination of insurance relationship, and other necessary matters for persons dispatched overseas subject to this Act under paragraph (1).

Article 123 (Special Case for On-the-Job Trainees)

(1) Among students and vocational trainees (hereinafter referred to as “on-the-job trainees”) taking on-the-job training in a business subject to this Act, the on-the-job trainees determined by the Minister of Employment and Labor shall be regarded as workers employed in the business in applying this Act notwithstanding the provisions of subparagraph 2 of Article 5.
(2) An accident which happens to an on-the-job trainee in relation to training shall be regarded as a work-related accident, and the insurance benefits prescribed in any of the subparagraphs of Article 36 (1) shall be paid.
(3) The amount of wage used as the basis for calculating insurance benefits for on-the-job trainees shall be all the money and goods paid to the on-the-job trainees, such as training allowances, but if such application is deemed inappropriate for accident compensation for the on-the-job trainees, the amount may be the one determined and announced by the Minister of Employment and Labor.
(4) Necessary matters concerning the payment, etc., of insurance benefits with respect to on-the-job trainees shall be prescribed by the Presidential Decree.
(5) Matters concerning the calculation, report and payment of insurance premiums with regard to on-the-job trainees shall be governed by the Insurance Premium Collection Act.

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Article 124 (Special Cases concerning Small and Medium Business Owners)

(1) Any small or medium business owner as prescribed by Presidential Decree (including persons who do not employ any employee; hereafter in this Article the same shall apply) may, after obtaining approval from the Service, purchase an insurance policy designating him or her or his or her survivors as the insured.

(2) Spouses of small and medium business owners referred to in paragraph (1) (including persons in a de facto marital relationship; hereafter in this Article, the same shall apply) or relatives of such owners within the fourth degree of relationship who meet the requirements prescribed by Presidential Decree and provide their labor for the relevant business may purchase an insurance policy, after obtaining approval from the Service.

(3) Small and medium business owners under paragraph (1), and their spouses or relatives within the fourth degree of relationship under paragraph (2) (hereafter in this Article referred to as "small and medium business owners, etc.") shall be deemed employees in applying this Act, notwithstanding subparagraph 2 of Article 5.

(4) The scope of occupational accidents that give rise to the payment of insurance benefits to small and medium business owners, etc. shall be prescribed by Presidential Decree.

(5) The average wage used as the basis for calculating insurance benefits paid to small and medium business owners, etc. shall be the amount determined and publicly notified by the Minister of Employment and Labor.

(6) If any occupational accident referred to in paragraph (4) occurs while insurance premiums are overdue, all or part of the insurance benefits for such occupational accident may not be paid as prescribed by Presidential Decree.

(7) Matters necessary for the payment, etc. of insurance benefits to small and medium business owners, etc. shall be determined by Ordinance of the Ministry of Employment and Labor.

(8) The Insurance Premium Collection Act shall be applied to calculation of insurance premiums, applications and approval for insurance policies, reporting and payment of insurance premiums, termination of insurance relationship, and other necessary matters for small and medium business owners, etc. subject to this Act.

[Title Amended on Dec. 8, 2020]

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Enforcement Ordinance

Article 125 (Special Case concerning Persons in Special Types of Employment)

(1) Notwithstanding Article 6, the business which receives labor service, from persons who engage in jobs prescribed by Presidential Decree, among the persons who are not subject to the Labor Standards Act, etc., even though they offer labor service similar to that of employees regardless of the type of contract, and therefore need protection from occupational accidents, and who also meet all the following requirements (hereafter in this Article referred to as "persons in special types of employment"), shall be deemed business subject to this Act:

1. They mainly provide one line of business with labor service necessary for the operation thereof on a routine basis, and receive payment for such service and live on such pay;

2. They do not use other persons to provide such labor service.

(2) Notwithstanding subparagraph 2 of Article 5, persons in special types of employment shall be deemed employees of the business concerned in applying this Act: Provided, That where the persons in special types of employment request exclusion from the application of this Act pursuant to paragraph (4), they shall not be deemed such employees.

(3) Where a business owner begins or ceases to receive labor service from a person in special type of employment, the business owner shall report such to the Service as prescribed by Presidential Decree.

(4) If a person in special types of employment falls under any of the following grounds (hereinafter referred to as "grounds for exclusion from application"), the person in special types of employment or the relevant business owner may file a request for exclusion from application of this Act with the NHIS, as prescribed by the Insurance Premium Collection Act:

1. Where a person in special types of employment suspends his or her business for at least one month due to injury, disease, pregnancy, childbirth, or child care;

2. Where a worker in special types of employment suspends his or her business for one month or more for reasons attributable to the employer;

3. Other cases specified by Presidential Decree as equivalent to those referred to in subparagraph 1 or 2.

(5) If a person in special types of employment or a business owner has applied for exclusion from the application of this Act and the Corporation approves such exclusion pursuant to paragraph (4), this Act shall not apply from the date following the date of the application. "

(6) Where a person to whom this Act is not applicable pursuant to paragraphs (4) and (5) ceases to be subject to grounds for exclusion from application, this Act shall apply from the date the relevant grounds cease to exist. In such cases, the persons in special types of employment or the employer shall notify the Corporation of the disappearance of the grounds for exclusion from application as prescribed by the Insurance Premium Collection Act.

(7) The Insurance Premium Collection Act shall be applied to necessary matters, for the establishment, termination and change of insurance relationships, requests for exclusion from the application of this Act and notification of the disappearance of the grounds for such exclusion, the calculation, reporting and payment of insurance premiums, and the collection of insurance premiums and other charges, with respect to persons in special types of employment subject to this Act pursuant to paragraph (1).

(8) The amount of average wages, used as the basis for calculating insurance benefits for persons in special types of employment, shall be the amount publicly notified by the Minister of Employment and Labor.

(9) The criteria for recognizing occupational accidents that give rise to the payment of insurance benefits to persons in special types of employment, shall be prescribed by Presidential Decree.

(10) Where any occupational accident referred to in paragraph (9) occurs while insurance premiums are overdue, all or part of the insurance benefits for such occupational accident may not be paid as prescribed by Presidential Decree.

(11) Matters necessary for the payment, etc. of insurance benefits to persons in special types of employment, shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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Article 126 (Special Cases concerning Benefit Recipients under the National Basic Living Security Act)

(1) Among recipients of self-support benefits prescribed in Article 15 of the National Basic Living Security Act, other than employees prescribed in subparagraph 2 of Article 5, the persons who engage in projects determined and publicly notified by the Minister of Employment and Labor, shall be deemed employees subject to this Act, notwithstanding subparagraph 2 of Article 5.

(2) The amount of wages, used as the basis for calculating insurance premiums and insurance benefits for recipients of self-support benefits, shall be the amount of self-support benefits which the recipients of self-support benefits receive as a result of participating in projects under paragraph (1).

Article 126-2 (Legal Fiction as Civil Servants in Application of Penal Provisions)

Members of the Reexamination Committee who are not civil servants shall be considered civil servants in applying Article 129 through 132 of the Criminal Act.

Article 127 (Penal Provisions)

(1) If a person who works in an industrial accident insurance-related medical institution or a pharmacy under Article 46 (1) has received medical expenses or medicine expenses by false or other fraudulent means, he/she shall be punished by imprisonment of up to three years or a fine not exceeding thirty million won.
(2) Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won:
1. A person who receives insurance benefits by fraud or other improper means;
2. A person who knowingly ordered or assisted the fraudulent or other improper receipt of insurance benefits;
3. A person who dismissed or otherwise disadvantageously treated any worker in violation of Article 111-2.
(3) A person who has disclosed confidential information in violation of Article 21 (3) shall be punished by imprisonment of up to two years or a fine not exceeding ten million won.

Article 128 (Joint Penal Provisions)

If the representative of a corporation or an agent or employee of, or any other person employed by, a corporation or an individual commits any violation referred to in Article 127 (2) in conducting the business affairs of the corporation or individual, the corporation or individual shall, in addition to punishing the violator accordingly, be punished by a fine prescribed in the relevant provision: Provided, That the same shall not apply, where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs to prevent such violation.

[This Article Wholly Amended on Jan. 7, 2009]

Article 129 (Fines for Negligence)

(1) A person who falls under any of the following subparagraphs shall be imposed with a fine for negligence not exceeding two million won：
1. A person who uses as his/her title the Korea Workers Compensation and Welfare Service and any similar term thereto in violation of Article 34；or
2. A person who claims medical expenses from a person other than the Corporation, in violation of Article 45 (1)
(2) A person who falls under any of the following subparagraphs shall be imposed with a fine for negligence not exceeding one million won：
1. A person who fails to submit a medical treatment plan referred to in Article 47 (1) without any justifiable reason；
2. A person who fails to answer questions, makes a false answer, or refuses, interferes with, or evades inspection in violation of Article 105 (4) (including the mutatis mutandis application thereof as provided in Article 109 (1))；
3. A person who fails to make a report or makes a false report or a person who fails to comply with an order to submit documents or things, in violation of Article 114 (1) or 118；
4. A person who refuses to answer questions asked by an employee of the Corporation or refuses, interferes with or evades investigations in violation of Article 117 or 118；and
5. A person who fails to make a report referred to in Article 125 (3)
(3) The fine for negligence referred to in paragraph (1) or (2) shall be imposed and collected by the Minister of Employment and Labor, under the conditions as prescribed by the Presidential Decree.
(4) Deleted.
(5) Deleted.
(6) Deleted.

Enforcement Ordinance

Article 1 (Enforcement Date)

This Act shall enter into force on the date of its promulgation.

Articles 2 through 4 Omitted.

Article 5 (Revision of Other Laws)

(1) through (4) Omitted.
(5) Parts of the Industrial Accident Compensation Insurance Act shall be revised as follows :
Article 96 (1) 6 shall be changed as follows and “Korea Occupational Safety and Health Agency” in Article 97 (5) shall be changed to “Korea Occupational Safety and Health Agency”.
6.Contributions to the Korea Occupational Safety and Health Agency (hereinafter referred to as the “Korea Occupational Safety and Health Agency”) under the Korea Occupational Safety and Health Agency Act
(6) Omitted.

Article 6 Omitted.

This Act shall enter into force on the date of its promulgation.

Article 1 (Enforcement Date)

This Act shall enter into force at the expiration of six months after its promulgation.

Article 2 (Revision of Other Laws)

(1) Parts of the Act on the Collection, etc., of Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall be revised as follows :
“Industrial Accident Compensation Insurance Deliberation Committee” in the former part of Article 14 (4) and Article 22-2 (1) shall be changed to “Deliberation Committee on Industrial Accident Compensation Insurance and Prevention”.
(2) Parts of the Wage Claim Guarantee Act shall be revised as follows :
“Industrial Accident Compensation Insurance Deliberation Committee” in the latter part of Article 16 shall be changed to “Deliberation Committee on Industrial Accident Compensation Insurance and Prevention”.

Article 1 (Enforcement Date)

This Act shall enter into force 6 months after the date of its promulgation: Provided that the amended provisions of Articles 16 (3), 40 (6), 43 (1) 2 , and 48 (1) 3 shall enter into force on the date of promulgation.

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

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

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

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

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

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

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

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

Article 6 (Revision of Other Laws)

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

Article 1 (Enforcement Date)

This Act shall enter into force 1 months after the date of its promulgation:

Articles 2 through 3 Omitted.

Article 4 (Revision of Other Laws)

(1) through (48) Omitted.
(49) Parts of the Industrial Accident Compensation Insurance Act shall be revised as follows :
"Minister of Labor" in Article 2 (1), proviso of subparagraph 2 of Article 5, Article 9 (1), (2), Article 10, Article 14 (2), parts other than each subparagraph of Article 16 (3), subparagraph 2 of Article 4, Article 25 (1) through (3), Article 26 (3), Article 27 (1), (2), Article 30, Article 36 (4), (8), Article 44 (3), Article 71 (2), Article 73 (3), Article 75 (2), (3), parts other than each subparagraph of Article 92 (1), (2), (4), Article 93 (3), Article 94, Article 95 (1), Article 96 (2), Article 97 (1), parts other than each subparagraph of Article 97 (2), Article 97 (3) through (5), Article 98, Article 99 (1), (2), parts other than each subparagraph of Article 107 (5), Article 121 (1), Article 122 (2), Article 123 (1), (3), Article 124 (3), Article 125 (8), Article 126 (1) Article 129 (3) shall be changed to "Minister of Employment and Labor".
"Ministry of Labor" in Article 8 (1), subparagraph 2 of Article 16 (4), Article 107 (1) shall be changed to "Ministry of Employment and Labor".
"Ordinance of the Ministry of Labor" in Article 38 (2), (3), subparagraph 8 of Article 40 (4), Article 40 (5), Article 41 (1), subparagraph 3 of Article 43 (1), Article 43 (4), (7), Article 45 (2), Article 46 (3), subparagraph 4 of Article 63 (1), Article 73 (4), Article 74 (3), Article 76 (3), Article 92 (3), Article 115 (2), Article 122 (1), (3), Article 124 (5), and Article 125 (11) shall be changed to "Ordinance of the Ministry of Employment and Labor".
(50) through (82) Omitted.

Article 5 Omitted.