A. Labor Standards Act
If the employee concerned receives insurance benefits from the IACI, the employer may be excused from his/her directly-related responsibilities under the Labor Standards Act. The employee shall not receive compensation according to the Labor Standards Act until the payment status for the insurance benefits is determined. An employer shall not dismiss any employee during the period of medical leave for an occupational injury or illness, nor 30 days thereafter.
However, if an employee who has received medical care benefits for the last three years, receives an injury-illness compensation annuity, the employer concerned may terminate his/her service in the fourth year as prescribed in Article 84 of the Labor Standards Act (Article 80 (4) of the IACI Act). In this case, the period of treatment of 3 years shall be calculated into the severance pay.

B. Damage Compensation According to the Civil Act
If a beneficiary has received benefits under the Labor Standards Act or the IACI Act, the employer shall be exempt from responsibility for the same accident within the amount paid concerning damage compensation under the Civil Act. However, if the beneficiary has received, under the Civil Act or other Acts, any amount of money equivalent to the insurance benefits as prescribed by this Act for the same cause, then the company shall not provide insurance benefits as prescribed by this Act within the limit of the amount calculated (Article 80 (3) of the IACI Act).
Civil compensation for damages refers to all damages the victim suffered from proximate causes related to the company’s negligence. Judicial ruling divides such coverage of compensation for damages into three parts: direct, indirect and emotional damage. Direct damage due to occupational fatality would be medical and funeral expenses, while indirect damages would include the lost monthly wages for the period from death to retirement age and the lost severance pay due to early retirement; emotional damages would be compensated by payment for consolation. Generally speaking, if the employee is younger or is less at fault than the employer, it is better for the family to choose civil compensation, as civil compensation for damages may far exceed the amount received from IACI compensation.





C. Industrial Accident Compensation and Claims for Compensation for Criminal Damage
If there exists a direct offender-victim relationship in an occupational fatality, the surviving family can seek compensation for criminal behavior against the individual offender. The company may be the target of an intensive audit by the labor inspector for compliance with occupational safety rules according to the Occupational Safety and Health Act, if the workplace had a serious industrial accident. If, during this audit, the company is found to have violated any of the safety rules, criminal charges will be filed against it.

Article 167 (Penal Provisions) of the Occupational Safety and Health Act: A person who has caused the death of a worker in violation of Article 38 (Safety Measures) (1) through (3), or Article 24 (Health Measures) (1) shall be punished by imprisonment of not more than seven years or a fine not exceeding 100 million won.

D. National Pension
Even if an employee is compensated for an industrial accident through the Industrial Accident Compensation Insurance or the Labor Standards Act, he/she can also demand disability pension, their family members a survivors' pension as applicable. If the beneficiary for the survivors' pension or disability pension, according to the Article 113 of the National Pension Act, has already received payment under other laws, then only 50% of the survivor's pension (Article 68) and disability pension (Article 74) shall be granted.

E. Automobile Insurance
If an employee is injured in a traffic accident while working, he/she can receive compensation from either Industrial Accident Compensation Insurance or the automobile insurance. Accordingly, the employee can select the more favorable insurance after considering the cause of the accident. Generally, if the employee is elderly or holds the greater fault, it is better to choose Industrial Accident Compensation Insurance, given that automobile insurance deducts payment according to the degree of fault or if the employee is elderly.

F. Other Insurances
Other insurance benefits such as survivors' pension, unemployment benefits, etc. from life insurance, injury/illness insurance, fire insurance, or mutual aid insurance are remuneration for deposits paid in advance. Given that additional benefits are provided for other reasons by a separate contract, benefits from the Industrial Accident Compensation Insurance Act shall not be deducted.