[Enforcement Date 24. Jan, 2011.] [Presidential Decree No.22637, 24. Jan, 2011., Amendment by Other Act]
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 the matters delegated by the Industrial Accident Compensation Insurance Act and those necessary for the enforcement thereof.
Article 2 (Businesses Excluded from Application of the Act)
(1)“Businesses prescribed by the Presidential Decree” in the proviso of Article 6 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as “the Act‘) mean businesses or workplaces (hereinafter referred to as ”businesses“) which fall under any of the following subparagraphs: <Amended by Presidential Decree No. 20966, Aug. 7, 2008> <Amended by Presidential Decree No. 22101, Mar. 26, 2010>
1.Businesses for which accident compensation is made under the Public Officials’ Pension Act or the Veteran’s Pension Act;
2.Businesses for which accident compensation is made under the Seaman Act, the Act on Accident Compensation Insurance for Fishermen and Fishing Boats or the Private School Teachers Pension Act;
3.Construction work falling under any of the following items and carried out by those other than housing constructors under the Housing Act, constructors under the Framework Act on the Construction Industry, constructors under the Electrical Construction Business Act, information and communication-related constructors under the Information and Communication Work Business Act, fire-fighting systems constructors under the Fire-fighting Systems Construction Act or repair business operators of cultural properties under the Protection of Cultural Properties Act :
A.Construction work whose total construction amount (hereinafter referred to as “total construction amount”) prescribed in Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection, etc., of Premiums for Employment Insurance and Industrial Accident Compensation Insurance is less than 20 million won; and
B.Construction work involving the construction of a building with a total floor area of 100㎡ or less or renovation of a building with a total floor area of 200㎡ or less;
4.Employment activities within households;
5.Businesses other than those referred to in subparagraphs 1 through 4, where the number of workers who are employed ordinarily does not exceed one; and <Amended by Presidential Decree No. 22101, Mar. 26, 2010>
6.Businesses other than incorporations in the fields of agriculture, forestry (excluding the logging industry), fishery and hunting, where the number of workers who are employed ordinarily is less than five. <Amended by Presidential Decree No. 22101, Mar. 26, 2010>
(2)Unless otherwise provided in this Decree, the scope of the businesses referred to in the subparagraphs of paragraph (1) shall be subject to the Korean Standard Industrial Classification announced publicly by the head of the National Statistical Office under the Statistics Act.
(3)If construction work whose total construction amount is less than twenty million won becomes subject to the blanket application under Article 8 (1) or (2) of the Act on the Collection, etc., of Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act"), or the total construction amount becomes more than twenty million won due to a design change (including cases where an actual change is made to the design), it shall be subject to the Act from that time.
Article 2-2 (Calculation of Number of Ordinarily Employed Workers and Time of Application)(1) The number of ordinarily employed workers referred to in Article 2 (1) 5 shall be calculated by dividing the total number of man days used during the fourteen business days from the date the first worker is employed after the commencement of business by fourteen. In this case, if the number of ordinarily employed workers turns out to be less than one, the number of ordinarily employed workers shall be calculated by dividing the total number of man days used during the fourteen business days from the date set by moving backward the date the first worker is employed by one day at a time by fourteen.
(2)Notwithstanding paragraph (1), if the business has been terminated or an occupational accident has occurred within fourteen days of the date the first worker was employed, the number of ordinarily employed workers shall be calculated by dividing the total number of man days used until the date of the incident by the total number of business days.
(3)A business in which the number of ordinarily employed workers calculated pursuant to paragraphs (1) and (2) is one or more shall be deemed to have become a business in which the number of ordinarily employed workers is one or more on the first day of the period during which the number of ordinarily employed workers in the business is one or more.
(4) Paragraphs (1) through (3) shall apply mutatis mutandis to the method of calculating the number of ordinarily employed workers as prescribed in Article 2 (1) 6. In this case, “Article 2 (1) 5” shall be read 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 (hereinafter referred to as the “Committee”) referred to in Article 8 (1) of the Act shall deliberate matters described in any of the following subparagraphs: <Amended by Presidential Decree No. 22060, Feb. 24, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1.Matters concerning the criteria for calculating medical care benefits, such as the scope and amount of medical care benefits, referred to in Article 40 (5) of the Act;
2.Matters concerning the determination of the rates of industrial accident compensation insurance premiums referred to in Article 14 (3) and (4) of the Insurance Premium Collection Act;
3.Matters concerning the establishment of the plan for the operation of the Industrial Accident Compensation Insurance and Prevention Fund referred to in Article 98 of the Act; and
4. Policies concerning occupational safety and health affairs specified in each subparagraph of Article 4 (1) of the Occupational Safety and Health Act and basic mid- and long-term plan for the prevention of industrial accidents as prescribed by Article 8 of the same Act; and
5.Other matters to be put to deliberation by the Minister of Employment and Labor with respect to industrial accident compensation insurance activities (hereinafter referred to as "insurance activities") and occupational safety and health affairs.
Article 4 (Composition of the Committee)
The members of the Committee shall be appointed or commissioned by the Minister of Employment and Labor as follows: <Amended by Presidential Decree No. 22060, Feb. 24, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1.Members representing workers shall be five persons who are recommended by trade unions which are a confederation of trade unions;
2.Members representing employers shall be five persons who are recommended by employers' organizations representing the whole country; and
3.Members representing the public interests shall be five persons, each described in the following items.
A.Vice Minister of Employment and Labor <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
B.One public official from among senior public officials in charge of industrial accident compensation insurance affairs or industrial accidents prevention affairs in the Ministry of Employment and Labor
C.Three persons among those recommended by citizens' groups (referring to non-profit private organizations prescribed in Article 2 of the Assistance for Non-Profit Non-Governmental Organizations Act) and those with plenty of academic knowledge or experiences in social insurance and/or industrial accident prevention
Article 5 (Term of Office of Members)
(1)The term of office of the members shall be three years and may be renewed: Provided that the term of office of members appointed or commissioned under items A or B of subparagraph 3 of Article 4 shall be their service tenure. <Amended by Presidential Decree No. 22060, Feb. 24, 2010>
(2)The term of any member filling a vacancy shall be the remaining period of his predecessor's term.
Article 6 (Chairperson and Vice Chairperson)
(1)The Committee shall have a chairperson and a vice chairperson.
(2)The chairperson shall be the Vice Minister of Employment and Labor, and the vice chairperson shall be elected by the Committee from among the members representing the 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 vice chairperson shall assist the chairperson, and if the chairperson cannot perform his/her duties for inevitable reasons, he/she shall act for the chairperson.
Article 7 (Meeting of Committee)
(1)The chairperson shall convene a meeting of the Committee, and preside at it.
(2)A meeting of the Committee shall be convened at the request of the Minister of Employment and Labor or a majority of all the members. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3)A meeting of the Committee shall be held with the attendance of a majority of all the members, and make a decision with the approval of a majority of the members present.
Article 8 (Expert Committees)
(1)An industrial accident compensation insurance policy expert committee, an industrial accident compensation insurance-related medical care expert committee, and an occupational safety and health expert committee shall be set up in the Committee pursuant to Article 8 (3) of the Act.
(2)Expert committees of paragraph (1) shall review matters of the respective subparagraph as below and report the results to the Committee, upon orders from the Committee chairperson.
1. Industrial accident compensation insurance policy expert committee: matters concerning finances, application, collection, benefits and rehabilitation, and welfare for industrial accident compensation insurance
2. Industrial accident compensation insurance-related medical care expert committee: matters concerning criteria and eligibility for medical care benefits including scope and amount, and management of medical care
3. Occupational safety and health expert committee: matters concerning key policies and institutional improvements with respect to occupational safety and health
(3)Each expert committee shall be composed of less than 25 non-standing members.
(4)The members of the industrial accident compensation insurance policy expert committee shall be commissioned by the chairperson from among those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22060, Feb. 24, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1.General public officials of Grade Ⅳ or higher in charge of industrial accident compensation insurance affairs in the Ministry of Employment and Labor;
2.Persons recommended by trade unions which are a confederation of trade unions or nationwide employers' organizations; and
3.Persons with plenty of academic knowledge or experience in the finances, application, collection, benefits, etc., of social insurance.
(5)The members of the industrial accident compensation insurance-related medical care expert committee shall be commissioned by the chairperson from among those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22060, Feb. 24, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1.General public officials of Grade Ⅳ or higher in charge of industrial accident compensation insurance affairs in the Ministry of Employment and Labor;
2.Persons recommended by trade unions which are a confederation of trade unions or nationwide employers' organizations; and
3.Persons with plenty of medical knowledge and experience in each professional field, such as industrial medicine.
(6) The member of the occupational safety and health expert committee shall be commissioned by the chairperson from among those falling under any of the following subparagraphs: <Amended by Presidential Decree No. 22060, Feb. 24, 2010 and Presidential Decree No. 22269, Jul. 12, 2010>
1.General public officials of Grade Ⅳ or higher in charge of occupational safety and health affairs in the Ministry of Employment and Labor;
2.Persons recommended by trade unions which are a confederation of trade unions or nationwide employers' organizations; and
3.Persons with plenty of 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 after resolution of the Committee. <Amended by Presidential Decree No. 22060, Feb. 24, 2010>
Article 8-2 (Investigation and Research Members)
(1)In order to investigate and/or research matters concerning industrial accident compensation insurance and industrial accident prevention, the Committee can employ not more than two investigators and/or researchers in each field of industrial accident compensation insurance, industrial safety engineering, machine safety, electrical safety, chemical engineering safety, construction safety, civil engineering safety, occupational medicine, occupational health nursing, industrial hygiene, ergonomics, hazardous materials management, safety and health related regulations and/or industrial accident statistics, and other necessary areas.
(2) The Minister of Employment and Labor shall appoint investigators and/or researchers from among persons with plenty of pertinent knowledge and experience in each professional field. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
<This Article Newly Inserted by Presidential Decree No. 22060, Feb. 24, 2010>
Article 8-3 (Cooperation by Relevant Administrative Agencies, Etc.)
The Committee and expert committees under Article 8, when deemed necessary for deliberation of certain matters, can request pertinent administrative agencies or organizations to submit relevant materials and documents, or can hear the opinions of relevant public officials and/or experts, etc. by requesting their attendance.
<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 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 of Member)
Members of the Committee or the expert committee, who attend a meeting of the Committee or the expert committee may be paid allowances within the limits of the budget: Provided that this shall not apply in case members who are a public official attend the committee concerning work directly related to their duties.
Article 11 (Operational Regulations)
Except as provided in this Act, matters necessary for the operation of the Committee shall be determined by the chairperson after resolution of the Committee.
Article 12 (Vicarious Implementation of Survey and Research Projects)
The Minister of Employment and Labor, pursuant to Article 9 (2) of the Act, may have a research institution established in accordance with Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc., carry out part of survey and research projects concerning industrial accident compensation insurance affairs. In this case, when selecting the research institution, the institution's research staff and performance records regarding industrial accident compensation insurance affairs shall be considered. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
CHAPTER Ⅱ Korea Workers' Compensation & Welfare Service
Article 13 Deleted. <Presidential Decree No. 22101, Mar. 26, 2010>
Article 14 (Approval of Budgets and Operational Plan)
(1)If the Korea Workers' Compensation & Welfare Service under Article 10 of the Act (hereinafter referred to as the “Corporation”) intends to obtain approval from the Minister of Employment and Labor concerning budgets for the following fiscal year pursuant to Article 25 (1) of the Act, it shall submit a request for budgets and business prospectus based on the budgets to the Minister of Employment and Labor until before the start of the following fiscal year. <Amended by Presidential Decree No. 22101, Mar. 26, 2010> <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2)If the Corporation intends to obtain approval from the Minister of Employment and Labor concerning an operational plan pursuant to Article 25 (1) of the Act, it shall establish an operational plan and submit it to the Minister of Employment and Labor without delay after the approved budgets are confirmed. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(3)If the Corporation intends to modify the operational plan and budget approved under paragraphs (1) and (2), it shall submit a document specifying the reason 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 Corporation submits a statement of accounts for each fiscal year 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; and
2.Other documents necessary for clarifying the contents of the statement of accounts.
Article 16 (Approval of Corporation Regulations)
When the Corporation intends to establish or revise its regulations on matters described in the following subparagraphs, it shall obtain the approval of the Minister of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1.Matters concerning the organization and the full number of personnel of the Corporation;
2.Matters concerning the personnel administration and remuneration of the officers and employees;
3.Matters concerning the accounting of the Corporation; and
4.Other important matters concerning the operation, insurance activities and labor welfare activities of the Corporation.
Article 17 (Application for Approval on Borrowing, etc. of Funds)
(1)If the Corporation intends to obtain approval on any borrowing of funds under Article 27 (1) of the Act, it shall submit to the Minister of Employment and Labor the application for approval specifying the following matters: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1. Reasons for the borrowing;
2. Source from which the funds are borrowed;
3. Amount of borrowed money;
4. Conditions of the borrowing;
5. Repayment method and period; and
6. Other matters necessary for the borrowing and repayment
(2)If the Corporation intends to obtain approval on the 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 the application for approval specifying matters concerning reasons for the appropriation by bringing in funds, the amount, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 18 (Delegation of Authority of President of Corporation)
(1)The scope of the work of the Corporation over which the authority of the president of the Corporation may be delegated to the head of its branch office (hereinafter referred to as "affiliate organization") is shown in Table 1.
(2) Notwithstanding the delegation of the authority of the president of the Corporation under paragraph (1), the authority over litigation proceedings, requests for appeal under the Administrative Appeals Act and requests for examination under the Board of Audit and Inspection Act, to which the Corporation is a party, shall rest with the president of the Corporation.
Article 19 (Entrustment of Affairs)
(1)The scope of the work entrusted by the Corporation pursuant to Article 29 (1) of the Act is as follows :
1. Matters concerning the payment of insurance benefits; and
2.Work incidental to those matters referred to in subparagraph 1
(2)If the Corporation has entrusted its work pursuant to paragraph (1), it may pay the entrusted person fees resulting from the entrustment.
Article 20 (Investment, etc.)
If the Corporation intends to make any investment or contribution pursuant to Article 32 (1) of the Act, it shall submit to the Minister of Employment and Labor an application specifying the following matters to obtain his/her approval: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1.Needs for the investment or contribution;
2.Kinds and value of the property to be invested or contributed;
3. Outline of the business; and
4.Other matters necessary for the investment or contribution
CHAPTER III Insurance Benefits
SECTION 1 Insurance Benefit Standards
Article 21 (Claim 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 an application or a claim for such insurance benefits with the Corporation: <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
1.Wage replacement benefits;
2.Lump sum disability compensation or disability compensation annuities (including the lump sum payments prescribed in Article 57 (5) of the Act);
3.Nursing benefits;
4.Lump sum survivors compensation or survivors compensation annuities(including the 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; and
9. Pneumoconiosis survivors annuities.
(2)The Corporation shall, upon receiving an application or a claim for insurance benefits as referred to in paragraph (1), decide whether or not to pay the insurance benefits, the contents of the payment, etc., and inform the claimant of them.
(3)If the Corporation has decided to pay disability compensation annuities, survivors compensation annuities, pneumoconiosis compensation annuities, or pneumoconiosis survivors annuities, it shall deliver an annuity certificate to the person entitled thereto. <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
Article 22 (Increase or Decrease in Average Wage)
(1)The criteria for and methods of calculating the rate of increase or decrease in the average wage of all workers and the rate of increase or decrease in comsumer prices under Article 36 (3) and (4) of the Act are shown in Table 2.
(2)The increase or decrease of the average wage under Article 36 (3) of the Act may be made at the request of the person entitled to the insurance benefits or by virtue of the authority of the Corporation.
Article 23 (Scope of Workers in Unusual Type of Employment)
“The cases prescribed by the Presidential Decree where it is deemed inappropriate to apply the average wage of the worker due to his/her unusual type of employment” in Article 36 (5) of the Act refer to cases of applying average wages for workers (hereinafter referred to as “daily workers”) who are employed on a daily basis or paid wages on a daily basis (referring to the wages paid as a reward for the set number of working hours in one day) for the number of days worked : Provided that if a daily worker falls under any of the following subparagraphs, he/she shall be seen as such :
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 permanent worker after comprehensive consideration of the working conditions, type of employment contract, specific employment conditions, etc., of other daily workers engaged in the same kind of job in the same business as the worker concerned.
Article 24 (Method of Calculation of Average Wage for Workers in Unusual Type of Employment)
(1)“An amount calculated according to the calculation method prescribed by the 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 (hereinafter referred to as “ordinary working day coefficient”) announced by the Minister of Employment and Labor after taking into account the number of days actually worked by daily workers for a month, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2)A daily worker who has worked in the business concerned for not less than one month as of the date of occurrence of causes for calculating the average wage may apply for exclusion from the application of the calculation method referred to in paragraph (1) to the Corporation by submitting the application together with documents proving the actual wage and number of days worked, if given the actual wage and number of days worked, it is not appropriate to take the amount calculated according to the calculation method referred to in paragraph (1) as the average wage.
Article 25 (Special Case for Calculation of Average Wages for Persons with Occupational Disease)
(1)“The occupational diseases prescribed by the Presidential Decree, such as pneumoconiosis” in Article 36 (6) of the Act refer to diseases (hereinafter in this Article referred to as “occupational diseases”) falling under any of the following subparagraphs among the work-related diseases (hereinafter referred to as “work-related diseases”) referred to in Article 37 (1) 2 of the Act : Provided that diseases that acutely arise due to temporary exposure to large amounts of harmful or hazardous elements shall be excluded. <Amended by Presidential Decree No. 22492, Nov. 15, 2010>
1.Pneumoconiosis;
2.Any of the diseases described in subparagraph 2 A and B, subparagraph 4 B, subparagraphs 5 through 7, subparagraph 8 A and B, subparagraph 9, subparagraph 10 A, subparagraph 11 A, subparagraph 12 A, subparagraph 13 A, subparagraph 14 A, subparagraph 15 A and B, subparagraph 16 A, subparagraph 17 A, subparagraph 18, subparagraph 19 A and B, subparagraph 20, subparagraph 21 and subparagraph 22 E through I in Table 3; and
3.Other diseases which result from long-term exposure to harmful or hazardous elements or are recognized as having occurred after a latent period after exposure to harmful or hazardous elements.
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