Article 36 (Categories of Insurance Benefits and Standards for their Calculation, etc.),
Article 40 (Medical Care Benefits),
Article 53 (Partial Temporary Layoff Benefits), Industrial Accident Compensation Insurance Act, as last amended by Act No. 14499, Dec. 27, 2016

Industrial Accident Compensation Insurance Act compensates employees for medical treatment and 70% of wages in case of occupational diseases or injuries.
But this only applies to a case when an employee gets a medical treatment more than 3 days.


*Industrial Accident Compensation Insurance Act

Article 36 (Categories of Insurance Benefits and Standards for their Calculation, etc.)(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 workers' wages after one year from the date when the ground for calculating the average wage of the relevant worker occurs, and the average wage shall increase or decrease every year in conformity with the fluctuation rate of consumer price index after the relevant worker attains the age of 60 years: Provided, That the insurance benefits for workers 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 workers' 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 published 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 worker due to his/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 worker.

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

(7) In calculating insurance benefits (excluding funeral expenses), where the average wage of the worker 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 entire workers' wages (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"), either the maximum standard amount of compensation or the minimum standard amount of compensation shall each be deemed the average wage for the worker concerned: 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 published each year by the Minister of Employment and Labor.

Article 40 (Medical Care Benefits)(1) Medical care benefits shall be paid to any worker who suffers from an injury or disease caused by reason of his/her duties.

(2) The medical care benefits referred to in paragraph (1) shall be given in the form of the medical care at an industrial accident insurance-related medical institution pursuant to Article 43 (1): Provided, That medical care expenses may be paid in lieu of the medical care in extenuating circumstances.

(3) In cases of paragraph (1), if an injury or disease is to be cured through medical care within three days, no medical care benefits shall be paid.

(4) The scope of the medical care benefits referred to in paragraph (1) shall be as follows:

1. Medical examination and checkup;

2. Provision of medicines or treatment materials, artificial limbs, and other prosthetic devices;

3. Treatment, operation, and other medical care;

4. Rehabilitative treatment;

5. Hospitalization;

6. Nursing and patient care;

7. Transfer;

8. Other matters determined by Ordinance of the Ministry of Employment and Labor.

(5) The standard for calculating the medical care benefits referred to in paragraphs (2) and (4), such as the scope and expenses thereof, etc., shall be determined by Ordinance of the Ministry of Employment and Labor.

(6) Where the industrial accident insurance-related medical institution at which a worker suffering from an occupational accident is to receive medical care, is a tertiary care hospital referred to in Article 43 (1) 2, there shall be a medical opinion that the worker needs to receive medical care at a tertiary care hospital, except where the worker is an emergency patient as prescribed in subparagraph 1 of Article 2 of the Emergency Medical Service Act or except in extenuating grounds.

Article 53 (Partial Temporary Layoff Benefits)(1) If a worker who is receiving medical care or additional medical care is employed for a specific period or on a short-term basis during the period of such care, he/she may be paid 90/100 of an amount calculated by subtracting the wages paid for the days or hours employed from his/her average wage corresponding to the number of those days or hours employed: Provided, That when the minimum standard amount of wages serves as the daily amount of temporary layoff benefits pursuant to Articles 54 (2) and 56 (2), an amount equivalent to the minimum standard amount of wages (the amount of reduction where the amount is reduced in accordance with subparagraph 2 of attached Table 1) minus the wages paid for the days or hours employed, may be paid.

(2) If a worker is employed on a short-term basis referred to in paragraph (1), with respect to the number of hours of unemployment (referring to the number of hours