[Enforcement Date 18. Nov, 2012.] [Presidential Decree No.24177, 12. Nov, 2012., Partial Amendment]
Ministry of Employment and Labor (Industrial Compensation Policy Division) , 044-202-7717,7705,7703
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Industrial Accident Compensation Insurance Act and matters necessary for the enforcement thereof.
Article 2 (Businesses Excluded from Application of the Act)(1) "Businesses prescribed by Presidential Decree" in the proviso to Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Act") mean the following businesses or workplaces (hereinafter referred to as "businesses"): <Amended by Presidential Decree No. 20966, Aug. 7, 2008; Presidential Decree No. 22101, Mar. 26, 2010>
1. Businesses eligible for cover under an accident compensation scheme pursuant to the Public Officials Pension Act or the Military Pension Act;
2. Businesses eligible for cover under an accident compensation scheme pursuant to the Seafarers Act, the Act on Accident Compensation Insurance for Fishing Vessels and their Crew Members, or the Pension for Private School Teachers and Staff Act;
3. Construction works falling under any of the following items and carried out by those other than housing builders provided for in the Housing Act, constructors provided for in the Framework Act on the Construction Industry, constructors provided for in the Electrical Construction Business Act, information and communications construction business operators provided for in the Information and Communication Work Business Act, fire-fighting system business owners provided for in the Fire-Fighting System Installation Business Act, or cultural heritage assets repair engineers provided for in the Cultural Heritage Protection Act:
(a) Construction works of which total construction amount provided for in Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "total construction amount") is less than 20 million won;
(b) Construction works for constructing a building the total floor area of which is not more than 100 square meters, or for performing a comprehensive repair of a building the total floor area of which is not more than 200 square meters;
4. Employment activities within households;
5. Businesses than those referred to in subparagraphs 1 through 4, the number of regular workers of which is less than one;
6. Agricultural, forestry (excluding the logging industry), fishery, or hunting businesses run by those who are not corporations, the number of regular workers of which is less than five.
(2) Except as otherwise provided for by this Decree, the scope of the businesses referred to in the subparagraphs of paragraph (1) shall be subject to the Korean Standard Industrial Classification published by the Commissioner of the Statistics Korea under the Statistics Act.
(3) If a construction work, the total construction amount of which is less than 20 million won, becomes subject to a blanket application under Article 8 (1) or (2) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act"), or the total construction amount thereof becomes no less than 20 million won due to a change in design (including where an actual change in the design is made), it shall be subject to the said Act from that time onward.
Article 2-2 (Calculation of Number of Regular Workers, and Time of Application Thereof)(1) The number of regular workers provided for in Article 2 (1) 5 shall be calculated by dividing the total number of man-days worked during 14 working days from the date the workers are initially placed in service after commencement of the business concerned by 14. In such cases, if the number of regular workers is less than one, it shall be calculated by dividing the total number of man-days worked during 14 working days, for each of which one day is deferred in sequential order, from the date the workers are initially placed in service, by 14.
(2) Notwithstanding paragraph (1), if a business ceases to be run or an occupational accident occurs within 14 days from the date workers are initially placed in service, the number of regular workers shall be calculated by dividing the total number of man-days worked until that time by the number of the working days.
(3) A business of which number of regular workers calculated pursuant to paragraphs (1) and (2) is no less than one shall be deemed to be constituted as that having one or more regular workers on the first day of the relevant period when the number of regular workers initially becomes one or more.
(4) The number of regular workers under Article 2 (1) 6 shall be calculated by applying mutatis mutandis the provisions of paragraphs (1) through (3). In such cases, Article 2 (1) 5 shall be construed as Article 2 (1) 6, and one as five.
[This Article Newly Inserted by Presidential Decree No. 22101, Mar. 26, 2010]
Article 3 (Functions of Industrial Accident Compensation Insurance and Prevention Deliberation Committee)
The Industrial Accident Compensation Insurance and Prevention Deliberation Committee established in accordance with Article 8 (1) of the Act (hereinafter referred to as the "Committee") shall deliberate on the following: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
1. Matters relating to the criteria for calculating medical care benefits under Article 40 (5) of the Act, such as the scope and expenses thereof;
2. Matters relating to the determination of an industrial accident compensation insurance premium rate under Article 14 (3) and (4) of the Insurance Premium Collection Act;
3. Matters relating to the establishment of an operational plan for the Industrial Accident Compensation Insurance and Prevention Fund as prescribed in Article 98 of the Act;
4. Major policies relating to occupational safety and health affairs under the subparagraphs of Article 4 (1) of the Occupational Safety and Health Act, and mid-term and long-term basic plans for the prevention of industrial accidents under Article 8 of the same Act;
5. Other matters referred by the Minister of Employment and Labor to the Committee for deliberation with respect to industrial accident compensation insurance projects (hereinafter referred to as "insurance projects") and occupational safety and health affairs.
Article 4 (Constitution of Committee)
Members of the Committee shall be appointed or commissioned by the Minister of Employment and Labor according to the following classification: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
1. Five members representing workers, who are recommended by a trade union which is a union federation;
2. Five members representing employers, who are recommended by an employers' organization representing the whole country;
3. Five members representing public interest, each of whom falls under any of the following:
(a) The Vice-Minister of Employment and Labor;
(b) One public official belonging to the Senior Civil Service in charge of the industrial accident compensation insurance affairs or the industrial accident prevention affairs in the Ministry of Employment and Labor;
(c) Three persons from among those recommended by non-governmental organizations (referring to nonprofit non-governmental organizations as prescribed in Article 2 of the Assistance for Non-Profit, Non-Governmental Organizations Act) and other persons with significant knowledge and experience in social insurance or industrial accident prevention.
Article 5 (Term of Office of Members)(1) The term of Office of members of the Committee shall be three years, which may be renewed consecutively: Provided, That the term of office of those members who fall under subparagraph 3 (a) or (b) of Article 4 shall be their tenure of office. <Amended by Presidential Decree No. 22060, Feb. 24, 2010>
(2) The term of office of those members filling a vacancy shall be the remainder of his/her predecessor's term.
Article 6 (Chairperson and Deputy Chairperson)(1) The Committee shall have one chairperson and one deputy chairperson.
(2) The Vice Minister of Employment and Labor shall take the chair of the Committee, and the deputy chairperson shall be elected by the Committee from among members representing public interest. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) The chairperson shall represent the Committee and take general control over the affairs of the Committee.
(4) The deputy chairperson shall assist the chairperson, and if the chairperson is incapable of performing his/her duties due to extenuating circumstances, he/she shall act on the chairperson's behalf.
Article 7 (Meetings of Committee)(1) The chairperson shall convene a meeting of the Committee and preside over it.
(2) A meeting of the Committee shall be convened upon the request of the Minister of Employment and Labor or of a majority of all members on the register. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) A meeting of the Committee shall open by attendance of a majority of all members on the register, and pass a resolution with the approval of a majority of the members present.
Article 8 (Expert Committees)(1) There shall be established an expert committee on industrial accident compensation insurance policies, expert committee on medical care under industrial accident compensation insurance, and expert committee on occupational safety and health within the Committee in accordance with Article 8 (3) of the Act. <Amended by Presidential Decree No. 22060, Feb. 24, 2010>
(2) The expert committees under paragraph (1) shall, on order of the chairperson of the Committee, examine the following matters and report the results to the Committee: <Amended by Presidential Decree No. 22060, Feb. 24, 2010>
1. Expert committee on industrial accident compensation insurance policies: Matters concerning industrial accident compensation insurance, including its finance, application, collection, benefits, rehabilitation, and welfare;
2. Expert committee on medical care under industrial accident compensation insurance: Matters concerning medical care benefit standards, such as the scope and amounts of medical care benefits, and medical care administration;
3. Expert committee on occupational safety and health: Matters concerning important policies and institutional improvements on occupational safety and health.
(3) Each expert committee shall be comprised of no more than 25 non-standing members.
(4) Members of the expert committee on industrial accident compensation insurance policies shall be commissioned by the chairperson from among the following persons: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
1. Public officials in general service of Grade IV or higher in charge of industrial accident compensation insurance affairs in the Ministry of Employment and Labor;
2. Persons recommended by a trade union which is a union federation or a nationwide employers' organization;
3. Persons with considerable academic knowledge and experience in finance, application, collection, benefits, etc. of social insurance.
(5) Members of the expert committee on medical care under industrial accident compensation insurance shall be commissioned by the chairperson from among the following persons: <Amended by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
1. Public officials in general service of Grade IV or higher in charge of industrial accident compensation insurance affairs in the Ministry of Employment and Labor;
2. Persons recommended by a trade union which is a union federation or a nationwide employers' organization;
3. Persons with considerable medical knowledge and experience in each professional field, such as industrial medicine.
(6) Members of the expert committee on occupational safety and health shall be commissioned by the chairperson from among the following persons: <Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
1. Public officials in general service of Grade IV or higher in charge of occupational safety and health affairs in the Ministry of Employment and Labor;
2. Persons recommended by a trade union which is a union federation or a nationwide employers' organization;
3. Persons with considerable academic knowledge and experience in occupational safety and health.
(7) The composition and operation of the expert committees and other necessary matters shall be determined by the chairperson through resolutions by the Committee. <Amended by Presidential Decree No. 22060, Feb. 24, 2010>
Article 8-2 (Survey and Research Commissioners)(1) No more than two survey and research commissioners may be appointed in the Committee to conduct survey and research projects for matters concerning industrial accident compensation insurance and the prevention of industrial accidents in such professional fields as Acts and subordinate statutes related to industrial accident compensation insurance, industrial safety engineering, machine safety, electrical safety, chemical safety, building safety, public works safety, industrial medicine, industrial nursing, industrial sanitation, ergonomics, hazardous substances control, and safety and health, as well as industrial accident statistics and other necessary fields.
(2) The survey and research commissioners shall be appointed by the Minister of Employment and Labor from among persons with considerable academic knowledge and experience in the relevant fields. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010]
Article 8-3 (Request for Cooperation from Related Administrative Agencies, etc.)
The Committee and expert committees provided for in Article 8 may, if deemed necessary to deliberate on the matters referred thereto, request related administrative agencies or organizations to submit materials or cause related public officials, experts, etc. to appear and present their opinions.
[This Article Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010]
Article 9 (Executive Secretary of Committee)(1) The Committee shall have an executive secretary for the management of its administrative affairs.
(2) The executive secretary shall be appointed by the Minister of Employment and Labor from among public officials under his/her control. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 10 (Allowances for Members)
Members of the Committee or the expert committees who attend meetings thereof may be paid allowances within budgetary limits: Provided, That this shall not apply where members who are public officials attend a Committee or an expert committee meeting in direct relation to their duties.
Article 11 (Detailed Operating Rules)
Except as provided for by this Decree, matters necessary for the operation of the Committee shall be determined by the chairperson through resolutions by the Committee.
Article 12 (Vicarious Execution of Survey and Research Projects)
The Minister of Employment and Labor may allow any research institute established in accordance with Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutions to vicariously undertake part of survey and research projects concerning the insurance business under Article 9 (2) of the Act. In such cases, the Minister shall take into account, in selecting such research institute, the staff, performance records, etc. thereof with respect to the insurance business. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
CHAPTER II KOREA WORKERS' COMPENSATION AND WELFARE SERVICE
Article 13 Deleted. <by Presidential Decree No. 22101, Mar. 26, 2010>
Article 14 (Approval of Budgets and Operational Plans)(1) If the Korea Workers' Compensation and Welfare Service under Article 10 of the Act (hereinafter referred to as the "Service") seeks to obtain approval from the Minister of Employment and Labor concerning its budget for the following fiscal year pursuant to Article 25 (1) of the Act, it shall submit a budget request and a business prospectus based on the budget to the Minister of Employment and Labor before commencement of the following fiscal year. <Amended by Presidential Decree No. 22101, Mar. 26, 2010; Presidential Decree No. 22269, Jul. 12, 2010>
(2) If the Service seeks to obtain approval from the Minister of Employment and Labor concerning an operational plan pursuant to Article 25 (1) of the Act, it shall formulate the operational plan and submit it to the Minister of Employment and Labor without delay after the budget approved under paragraph (1) is confirmed. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3) If the Service seeks to modify a budget or an operational plan approved under paragraphs (1) and (2), it shall submit a document specifying the grounds for and contents of such modification to the Minister of Employment and Labor to obtain his/her approval. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 15 (Submission of Statement of Accounts)
When the Service submits a statement of accounts to the Minister of Employment and Labor under Article 25 (2) of the Act, it shall be accompanied by the following documents: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. The financial statements (including written audit opinions expressed by a certified public accountant or an accounting firm) and all documents annexed thereto;
2. Other documents necessary for clarifying the contents of the statement of accounts.
Article 16 (Approval of Regulations of the Service)
When the Service seeks to formulate or amend its regulations governing the following matters, it shall obtain approval from the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Matters concerning its organization and prescribed number of personnel;
2. Matters concerning the administration and remuneration of its officers and employees;
3. Matters concerning its accounting;
4. Other important matters concerning its operation, insurance business and labor welfare services.
Article 17 (Application for Approval on Borrowing of Funds, etc.)(1) If the Service seeks to obtain approval to borrow funds under Article 27 (1) of the Act, it shall submit to the Minister of Employment and Labor an application for approval specifying the following: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Reason for the borrowing;
2. Source of the borrowing;
3. Amount of the borrowed money;
4. Conditions of the borrowing;
5. Method and period of repayment of the borrowed money;
6. Other matters necessary for the borrowing and repayment of the funds.
(2) If the Service seeks to obtain approval on appropriation by bringing in funds from the Industrial Accident Compensation Insurance and Prevention Fund under Article 27 (2) of the Act, it shall submit to the Minister of Employment and Labor an application for approval specifying the grounds for and the amount of the appropriation by bringing in funds, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 18 (Delegation of Representative Authority of President of the Service)(1) The scope of the business of the Service over which the representative authority of the president of the Service may be delegated to the heads of its branch offices (hereinafter referred to as "affiliated agencies") under Article 29 (1) of the Act shall be as set out in attached Table 1.
(2) Notwithstanding the delegation of representative authority of the president of the Service under paragraph (1), the representative authority over litigation proceedings to which the Service is a party, requests for appeal under the Administrative Appeals Act, and requests for examination under the Board of Audit and Inspection Act shall rest with the president of the Service.
Article 19 (Entrustment of Business)(1) The scope of the business entrustable by the Service under Article 29 (2) of the Act shall be as follows:
1. Matters concerning the payment of insurance benefits;
2. Business incidental to the matters referred to in subparagraph 1.
(2) When the Service has entrusted its business pursuant to paragraph (1), it may pay fees for the entrustment to the person entrusted with such business.
Article 20 (Investment, etc.)
If the Service seeks to make any investment or contribution under Article 32 (1) of the Act, it shall submit to the Minister of Employment and Labor an application specifying each of the following to obtain his/her approval: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Necessity of the investment or contribution;
2. Kind and value of the assets to be invested or contributed;
3. Outline of the business;
4. Other matters necessary for the investment or contribution.
CHAPTER III INSURANCE BENEFITS
SECTION 1 Standards for Insurance Benefits
Article 21 (Requests for Insurance Benefits, Notification of Decision, etc.)(1) A person who intends to receive any of the following insurance benefits pursuant to Article 36 (2) of the Act shall file a respective application or request for each of the insurance benefits with the Service: <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
1. Temporary disability compensation benefits;
2. Lump-sum disability compensation benefits or disability compensation annuities (including lump-sum payments prescribed in Article 57 (5) of the Act);
3. Constant attendance benefits;
4. Lump-sum survivors' compensation benefits or survivors' compensation annuities (including lump-sum payments prescribed in Article 62 (4) of the Act);
5. Injury-disease compensation annuities;
6. Funeral expenses;
7. Vocational rehabilitation benefits;
8. Pneumoconiosis compensation annuities;
9. Pneumoconiosis survivors' annuities.
(2) Upon receiving an application or request for insurance benefits under paragraph (1), the Service shall decide whether to pay the insurance benefits, details of payment, etc., and notify a person who has filed such application or request thereof.
(3) If the Service decides to pay a disability compensation annuity, survivors' compensation annuity, pneumoconiosis compensation annuity, or pneumoconiosis survivors' annuity, it shall deliver an annuity certificate to a person entitled thereto. <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
Article 22 (Increase or Decrease of Average Wage)(1) The standards for and methods of computing the fluctuation rate of the average amount of the entire workers' wages and the fluctuation rate of consumer price index under Article 36 (3) and (4) of the Act shall be as set out in attached Table 2.
(2) An increase or decrease of the average wage under Article 36 (3) of the Act may be made upon request of the beneficiary of insurance benefits or by virtue of the authority of the Service.
Article 23 (Scope of Workers in Unusual Type of Employment)
"Where it is deemed inappropriate to apply the average wage to any worker due to his/her unusual type of employment" in Article 36 (5) of the Act refers to any case of applying the average wage to a worker who is employed on a daily basis or paid daily pay (referring to a wage paid as a reward for achieving the set number of working hours for one day; hereinafter the same shall apply) for the number of days of service (hereinafter referred to as "daily worker"): Provided, That if a daily worker falls under any of the following, he/she shall not be deemed a daily worker:
1. Where his/her employment relations have continued for three months or more;
2. Where his/her type of employment is considered similar to that of a full-time worker after comprehensive consideration of the working conditions, type of employment contracts, specific employment conditions, etc. of the worker concerned and other daily workers engaged in the same kind of job in the same business as the said worker.
Article 24 (Method of Calculation of Average Wage for Workers in Unusual Type of Employment)(1) An "amount computed according to the computation method prescribed by Presidential Decree" in Article 36 (5) of the Act refers to an amount calculated by multiplying the daily wage of the daily worker concerned by the working day coefficient announced by the Minister of Employment and Labor after taking into account the number of days of actual service by daily workers for a month, etc. (hereinafter referred to as "ordinary working day coefficient"). <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) A daily worker who has worked for the business concerned for no less than one month as of the date of occurrence of the cause for calculating the average wage may apply to the Service for exclusion from the application of the computation method referred to in paragraph (1) by submitting the application together with documents proving the actual wage and number of days of service, if it is not appropriate to take the amount calculated according to the computation method referred to in paragraph (1) as the average wage, in light of the actual wage or number of days of service.
Article 25 (Special Cases on Calculating Average Wages for Persons with Occupational Diseases)(1) "Any work-related disease prescribed by Presidential Decree, such as pneumoconiosis" in Article 36 (6) of the Act refers to any work-related disease specified in Article 37 (1) 2 of the Act (hereafter in this Article referred to as "work-related disease"), falling under any of the following subparagraphs (hereinafter referred to as "occupational disease"). In such cases, diseases that acutely arise due to temporary exposure to large amounts of harmful or hazardous elements shall be excluded herefrom: <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
1. Pneumoconiosis;
2. Any of the diseases described in subparagraphs 2 (a) and (b), 4 (b), 5 through 7, 8 (a) and (b), 9, 10 (a), 11 (a), 12 (a), 13 (a), 14 (a), 15 (a) and (b), 16 (a), 17 (a), 18, 19 (a) and (b), 20, 21, and 22 (e) through (i) in attached Table 3;
3. Any other disease which comes from long-term exposure to harmful or hazardous elements or is medically recognized as having occurred after a latent period after exposure to harmful or hazardous elements.
(2) An "amount computed according to the computation method prescribed by Presidential Decree" in Article 36 (6) of the Act refers to an amount computed in accordance with the following classification: <Amended by Presidential Decree No. 22492, Nov. 15, 2010; Presidential Decree No. 24177, Nov. 12, 2012>
1. In cases of an occupational disease specified in paragraph (1) 1: An amount publicly announced each year by the Minister of Employment and Labor, taking into consideration the average wage of all workers under Article 26 (1), based on the date the occupational disease is confirmed;
2. In cases of an occupational disease specified in paragraph (1) 2 or 3: An amount obtained by dividing the amount calculated by aggregating monthly average wages of workers similar to the worker with the occupational disease in terms of gender, the type of occupation, and the type and scale of the business to which they belong, according to a survey on labor force in business establishments prepared by the Minister of Employment and Labor as part of designated statistics defined in subparagraph 2 of Article 3 of the Statistics Act (hereinafter referred to as "survey on labor force in business establishments"), during one year until the end of the second quarter before the quarter in which the occupational disease of the relevant worker is confirmed by the total number of days during that period. In such cases, the criteria for determining similar workers in terms of gender, the type of occupation, and the type and scale of the business to which they belong shall be prescribed by the Service.
(3) The day of confirming an occupational disease referred to in paragraph (2) shall be the date of issuance of a medical certificate or medical opinion issued when it is confirmed that the occupational disease is eligible for the payment of insurance benefits: Provided, That in any of the following cases, it sh
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