国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 12. Jul, 2010Article 43~Article 57

Article 43 (Request, etc. for Miscarriage or Stillbirth Leave) (1) Any worker who suffers from miscarriage or stillbirth after 16 weeks of pregnancy shall, if she intends to request a protective leave under Article 74 (2) of the Act (hereinafter referred to as "miscarriage or stillbirth leave"), submit to the business owner an application for miscarriage or stillbirth leave, stating the reason for requesting the leave, the date on which miscarriage or stillbirth occurred, the pregnancy period, etc., along with a medical certificate issued by a medical institution.

(2) The the business owner shall give a miscarriage or stillbirth leave in compliance with the following guidelines to any worker who requests a miscarriage or stillbirth leave in accordance with paragraph (1):

1.Where a pregnancy period of the worker who suffers from miscarriage or stillbirth (hereinafter referred to as the "pregnancy period") is not less than 16 weeks but not more than 21 weeks: up to 30 days from the date of miscarriage or stillbirth ;

2.Where the pregnancy period is not less than 22 weeks but not more than 27 weeks: up to 60 days from the date of miscarriage or stillbirth;

3.Where the pregnancy period is not less than 28 weeks: up to 90 days from the date of miscarriage or stillbirth.

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 a worker 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.

Article 45 Deleted. <by Presidential Decree No. 20873, Jun. 25, 2008>

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 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.   <Amended by Presidential Decree No. 20873, Jun. 25, 2008>

(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 be applied: Provided, That in the following cases, the grade adjusted in accordance with each of the following subparagraphs shall be applied. In this case, the grade higher than Grade I after adjustment 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.  <by Presidential Decree No. 20873, Jun. 25, 2008>

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 of survivors for compensation shall be given in the order in the following subparagraphs, but the priority of the members under one and the same subparagraph shall be given in the order as listed hereunder:   <Amended by Presidential Decree No. 20873, Jun. 25, 2008>

1.Spouse (including de facto spouse not by law), children, parents, grandchildren and grandparents who were dependent upon the worker at the time of his/her death;

2. S pouse, children, parents, grandchildren and grandparents who were not dependent upon the dead worker;

3. Siblings who were dependent upon the dead worker;

4.Siblings who were not dependent upon the dead worker.

(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, and 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 worker's will or by a pre-arrangement with the employer shall take precedence over others.

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.

Article 50 (Death of Definite Recipient of Compensation for Survivors)

Where any surviving family member definitely confirmed as the one eligible for 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 with him/her.

Article 51 (Period of Compensation) (1) Disability compensation shall be paid without delay after a worker completely recovers from an injury or disease.

(2) Compensation for survivors and funeral expenses shall be paid without delay after the death of a worker.

Article 52 (Date of Occurrence of Cause for Calculating Average Wage for Accident Compensation)

In paying compensation for an accident, the date when an accident occurred to cause death or an injury or the date on which it is finally determined by medical examination that a disease was inflicted shall be deemed as the date on which the cause for calculating average wage occurred.

Article 53 Deleted. <by Presidential Decree No. 20873, Jun. 25, 2008>

Article 54 (Posting, etc. of Draft Dormitory Rules)

Any employer who intends to obtain consent of the representative of the majority of workers in accordance with Article 99 (2) of the Act shall post a draft of dormitory rules at a conspicuous place in the dormitory or make it available for inspection for seven days or longer for seeking such consent, if the majority of the workers who are accommodated in the dormitory are less than 18 years old.

Article 55 (Separation of Male and Female Residing in Dormitory)

The employer shall not have male and female workers accommodated in the same room of a dormitory.

Article 56 (Location of Dormitory)

Every employer shall avoid any place with severe noise and vibration in establishing a dormitory.

Article 57 (Bedrooms)

Workers in two or more different shifts shall not be accommodated in one bedroom, if each shift has different working hours.