国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE LABOR STANDARDS ACT Enforcement Date 01. Jan, 2015Article 43~Article 53

Article 43 (Request, etc. for Miscarriage or Stillbirth Leave) (1) “Reasons prescribed by Presidential Decree” under the former part of Article 74 (2) of the Act means any of the following cases:   <Newly Inserted by Presidential Decree No . 23868, Jun. 21, 2012>

1.Where a pregnant worker has an experience of miscarriage/stillbirth;

2.Where a pregnant worker is at the age of 40 or more when she applies for a maternity leave;

3.Where a pregnant worker submits a report prepared by a medical institution stating that she has the risk of miscarriage/stillbirth.

(2) Where a worker who suffers from miscarriage or stillbirth requests the miscarriage or stillbirth leave pursuant to Article 74 (3) of the Act, she shall 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.  <Amended by Presidential Decree No. 23868, Jun. 21, 2012>

(3) The the business owner shall give a miscarriage or stillbirth leave according to the following guidelines to any worker who requests a miscarriage or stillbirth leave pursuant to paragraph (2):   <Amended by Presidential Decree No. 23868, Jun. 21, 2012>

1. Where a pregnancy period of the worker who suffers from miscarriage or stillbirth (hereinafter referred to as the "pregnancy period") is not more than 11 weeks: up to five days from the date of miscarriage or stillbirth;

2.Where the pregnancy period is not less than 12 weeks but not more than 15 weeks: up to ten days from the date of miscarriage or stillbirth;

3.Where 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;

4.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;

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

Article 43-2 (Requests for Reduction of Work Hours during Pregnancy Period)

A female worker who intends to request a reduction of her work hours under Article 74 (7) of the Act shall submit a document (including electronic documents) in which her pregnancy period, the expected date of the commencement and termination of the reduction of work hours, the time to start and finish her work, etc. are specified by no later than three days before the expected commencement of reduction of work hours to an employer, appending a doctor's medical certificate (excluding cases where a reduction of work hours is requested again for the same pregnancy).

[This Article Newly Inserted by Presidential Decree No. 25631, Sep. 24, 2014]

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 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.  <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 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:   <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. Spouse, 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, 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 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 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.

Article 51 (Timing 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 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.

Article 53

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