Article 63 (Scope of Persons Entitled to Survivors' Compensation Annuities) and Article 72 (Annuitants of Survivor Pension), Industrial Accident Compensation Insurance Act, as last amended by Act No. 14499, Dec. 27, 2016
Article 73 (Scope of Survivors, etc.), National Pension Act, as last amended by Act No. 14214, Nov. 30, 2016

Industrial Accident Compensation Insurance and National pension provide for mandatory support to the surviving dependants.

In Industrial Accident Compensation Insurance, the scope of dependants is spouse, parents, grandparents, children, grandchildren, and siblings. To be a dependant entitled to survivors’ compensation, there is an age limit except a spouse.

In National Pension, the order of the dependant entitled to the survivors’ pension is spouse, children under 25 or with disability of 2nd level or above, parents, grandchildren, grandparents under 25 or with disability of 2nd level or above.


*Industrial Accident Compensation Insurance Act

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 worker and any of the following survivors whose livelihood had been supported by such worker as at the time of the worker's death (excluding those who were not Korean nationals and were living in foreign countries as at the time of the worker’s death). In such cases, the criteria for determining survivors whose livelihood had been supported by the worker shall be prescribed by Presidential Decree:

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

2. Children or grandchildren respectively aged below 19 years;

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

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 suffers from disability falling under a disability grade at least as high as that prescribed by Ordinance of the Ministry of Employment and Labor, among the disabled provided for in Article 2 of the Act on Welfare of Persons with Disabilities.

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

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

Article 72 (Vocational Rehabilitation Benefits)(1) The types of vocational rehabilitation benefits are 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 carries out vocational adaptation training 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 view of the degree of disability, age, etc.

National Pension Act

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 Disabilites, the Employment Insurance Act, the Act on the Development Vocational Skills of Workers, or other statutes.

(3) Vocational training costs shall be the amounts actually spent within the limits of the amounts published 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) Necessary matters 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.