LABOR STANDARDS ACT [See entire ACT]
CHAPTER Ⅷ Accident Compensation
- Article 78 (Compensation for Medical Treatment)
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(1) An employer shall provide necessary medical treatment at his/her expense or bear corresponding expenses for an employee who suffers from an occupational injury or disease.
(2) The scope of occupational diseases and medical treatment therefor and period for compensation for medical treatment as referred to in paragraph (1) shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 44 (Scope of Occupational Disease, etc.)
(1) The scope of occupational disease and medical treatment under Article 78 (2) of the Act shall be as provided for in attached Table 5.
(2) Where an employee suffers an occupational disease or injury or is dead in the course of employment, the employer shall have him/her receive examination from a doctor without delay.
Enforcement Ordinance
- Article 45 Deleted.
Deleted.
Enforcement Ordinance
- Article 46 (Period for Payment of Compensations for Medical Treatment and Suspension of Service)
The compensations for medical treatment and suspension of service shall be paid at least once a month.
- Article 79 (Compensation for Suspension of Work)
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(1) An employer shall pay an employee who is under medical treatment pursuant to Article 78 a compensation for suspension of work equivalent to 60 percent of his/her average wages during the period of his/her medical treatment.
(2) Where a person who is to receive such compensation has received part of his/her wage during the period of receiving a compensation for suspension of work under paragraph (1), an employer shall pay the compensation for suspension of work equivalent to 60/100 of the difference between the paid amount and his/her average wages.
(3) Period of a compensation for suspension of work shall be prescribed by Presidential Decree.
- Article 80 (Compensation for Disability)
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(1) When an employee suffers a physical disability remaining after finishing treatment for an occupational injury or disease, the employer shall provide him/her with a compensation for disability calculated by multiplying the average wages by the number of days as provided for in attached Table in accordance with the grade of disability.
(2) In cases where a person who already has a physical disability suffers from more serious disability in the same part of body due to injury or disease, an amount of a compensation for such disability shall be the amount calculated by multiplying the number of days, which is difference between the number of days of a compensation for disability falling under the previous grade of disability and the number of days of a compensation for disability falling under the grade of disability which has become more serious, by average wages at the time when a ground for claim for compensation arises.
(3) Criteria for determination of the grade of physical disability eligible for a compensation for disability and period of a compensation for disability shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 47 (Determination of Grade of Disability)
(1) Criteria for determination of the grade of physical disability eligible for compensation under Article 80 (3) of the Act shall be as provided for in attached Table 6.
(2) If there are two or more different physical disabilities under attached Table 6, the grade for the most serious physical disability of them shall apply: Provided, That in the following cases, the grade adjusted in accordance with each of the following subparagraphs shall apply. In this case, the adjusted grade higher than Grade I shall be deemed as Grade I:
1. In case there are two or more different physical disabilities in Grade Ⅴ or higher: The adjusted grade shall be the one raised by three grades from the grade for the most serious physical disability;
2. In case there are two or more physical disabilities in Grade Ⅷ or higher: The adjusted grade shall be the one raised by two grades from the grade for the most serious physical disability;
3. In case there are two or more physical disabilities in Grade ⅩⅢ or higher: The adjusted grade shall be the one raised by one grade from the grade for the most serious physical disability.
(3) Any physical disability that does not fall under any of the categories in attached Table 6 shall be compensated according to the degree of the disability by referring to similar physical disabilities in attached Table 6.
(4) Deleted.
- Article 81 (Exception to Compensation for Suspension of Work and Compensation for Disability)
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If an employee suffers from an occupational injury or disease due to his/her own gross negligence and the employer obtains acknowledgment for said negligence from the Labor Relations Commission concerned, the employer shall not be required to provide a compensation for suspension of work or a compensation for disability.
- Article 82 (Compensation for Survivors)
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(1) An employer shall provide a compensation equivalent to the average wages for 1,000 days to surviving family members of an employee who has deceased during the performance of his/her duties immediately after the employee has deceased.
(2) The scope of surviving family under paragraph (1), order of a compensation for surviving family, and order of a compensation for surviving family in case of death of a person determined to receive a compensation shall be prescribed by Presidential Decree.
Enforcement Ordinance
- Article 48 (Scope, etc. of Surviving Family Members)
(1) The scope of surviving family members under Article 82 (2) of the Act shall be as follows. In this case, the priority for compensation among survivors shall be according to the order in the following subparagraphs, but the priority of members falling under the same subparagraph shall be given in the order as listed hereunder:
1. Spouse (including de facto spouse not by law), children, parents, grandchildren, and grandparents who were dependent upon the employee at the time of his/her death;
2. Spouse, children, parents, grandchildren, and grandparents who were not dependent upon the dead employee;
3. Siblings who were dependent upon the dead employee;
4. Siblings who were not dependent upon the dead employee.
(2) In determining the priority of surviving family members, adoptive parents shall take precedence over biological parents, adoptive grandparents shall take precedence over biological grandparents, yet adoptive parents of parents shall take precedence over biological grandparents of parents.
(3) Notwithstanding paragraphs (1) and (2), a specific person designated, if any, among surviving family members under paragraph (1) in the employee's will or by a pre-arrangement with the employer shall take precedence over others.
Enforcement Ordinance
- Article 49 (Members of Same Priority)
Where there are two or more surviving family members of the same priority eligible for compensation for survivors, that compensation shall be divided equally according to the number of such members.
Enforcement Ordinance
- Article 50 (Death of Definite Recipient of Compensation for Survivors)
Where any surviving family member definitely confirmed to receive compensation for survivors is dead, the compensation shall be paid to the members of the same priority with him/her, if any, or to the members of the next priority, if there is no member of the same priority.
Enforcement Ordinance
- Article 51 (Timing of Compensation)
(1) Disability compensation shall be paid without delay after an employee completely recovers from an injury or disease.
(2) Compensation for survivors and funeral expenses shall be paid without delay after the death of an employee.
Enforcement Ordinance
- Article 52 (Date of Occurrence of Cause for Calculating Average Wage for Accident Compensation)
In paying compensation for an accident, the date an accident causing death or an injury occurs, or the date on which a medical examination finally determines the incidence of a disease, shall be deemed as the date of occurrence of cause for calculating average wage.
Enforcement Ordinance
- Article 53 Deleted.
Deleted.
- Article 83 (Funeral Expenses)
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When an employee has deceased during the performance of his/her duties or as a result thereof, the employer shall, immediately after the relevant employee has deceased, provide funeral expenses equivalent to the average wages for 90 days.
- Article 84 (Lump Sum Compensation)
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When an employee who receives a compensation in accordance with Article 78 does not completely recover from the occupational injury or disease even after two years have passed since the medical treatment began, the employer may be exempted from any further liability for compensation under this Act by providing a lump sum compensation in an amount equivalent to the average wages for 1,340 days.
- Article 85 (Installment Compensation)
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When an employer proves his/her ability to pay compensation and obtains the consent of the recipient concerned, he/she may pay any such compensation as referred to in Article 80, 82 or 84 in installments over one year.
- Article 86 (Claim for Compensation)
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A claim for compensation shall not be affected by the retirement of the employee concerned and may not be transferred or confiscated.
- Article 87 (Relationships with other Damage Claims)
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When a person eligible to receive compensation has received money or other valuables corresponding to an accident compensation prescribed by this Act for the same cause in accordance with the Civil Act or any other statutes, the employer shall be exempted from the obligation of compensation to the extent of the said value received.
- Article 88 (Review and Arbitration by Minister of Employment and Labor)
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(1) When a person has an objection to the recognition of occupational injury, disease, or death, methods of medical treatment, determination of compensation amount, or any other matter pertaining to the implementation of compensation, he/she may request the Minister of Employment and Labor to review or arbitrate the case in question.
(2) When a request referred to in paragraph (1) is filed, the Minister of Employment and Labor shall review or arbitrate the case within one month.
(3) The Minister of Employment and Labor may review or arbitrate the case ex officio, if deemed necessary.
(4) The Minister of Employment and Labor may have a doctor diagnose or examine an employee, if deemed necessary for a review or arbitration.
(5) With regard to the interruption of prescription, the request for review or arbitration referred to in paragraph (1) and the commencement of the review or arbitration referred to in paragraph (2) shall be regarded as a claim by way of judicial proceedings.
- Article 89 (Review and Arbitration by Labor Relations Commission)
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(1) If a review or arbitration is not made by the Minister of Employment and Labor within the period specified under Article 88 (2), or if a person is dissatisfied with the result of a review or arbitration, the person may file a request for a review or arbitration with the Labor Relations Commission.
(2) When the request referred to in paragraph (1) is filed, the Labor Relations Commission shall review or arbitrate the case within one month.
- Article 90 (Exceptional Cases related to Contract Work)
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(1) If a project is executed based on several tiers of contracts, the prime contractor shall be regarded as an employer with regard to accident compensation.
(2) In cases of paragraph (1), if the prime contractor makes his/her subcontractor liable for compensation by a written agreement, the subcontractor shall be also regarded as an employer: Provided, That the prime contractor shall not have two or more subcontractors bear overlapping compensation with regard to the same project.
(3) In cases of paragraph (2), if the prime contractor has been requested to pay compensation, he/she may ask the requesting person to demand compensation first from the subcontractor who has agreed to be liable for such compensation: Provided, That this shall not apply where the said subcontractor is declared bankrupt or his/her whereabout is unknown.
- Article 91 (Preservation of Documents)
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An employer shall not abandon important documents related to accident compensation unless an accident compensation is finished or before a claim for accident compensation expires by prescription pursuant to Article 92.
- Article 92 (Prescription)
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A claim for accident compensation as referred to in this Act shall be extinguished by prescription, unless exercised within three years.
