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National Assembly Legislation

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  • Industrial Accident Compensation Insurance Act
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2020-08-27
    • Opinion Submission Deadline : 2020-09-10
Reasons for Proposal

For an employee to be recognized for an occupational accident, the association between the cause of the accident and the job must be demonstrated, and this requires data possessed by the employer on the job description, working conditions, and workplace environment of the victim. 

The current Act specifies the duty of employers to lend their assistance, but it is difficult for workers to receive evidential data due to unclear provisions on the cooperation and lack of sanctions on any refusal for cooperation by the employer. 

In addition, most of the victims currently apply for an approval of industrial accident without any assistance of experts, often giving rise to a failure to obtain industrial accident approval due to the omission of related documents and procedures.

Therefore, the Amendment aims to specify the provisions on the duty of employers to lend their assistance to allow victims to easily obtain data required to demonstrate each accident’s work-related cause; to stipulate the provisions on imposing sanctions for any refusal to provide such assistance; to allow any employee in the vulnerable class who applies for insurance benefits to receive assistance for the preparation of an application, fact confirmation, etc., from a certified labor attorney set out under the Ordinance of the Ministry of Employment and Labor; and to allow the Industrial Accident Compensation Insurance and Prevention Fund to fully or partially subsidize the victims of industrial accidents to provide effective protection (Article 37-2 and Article 96 (1) 8 newly inserted, Article 116 (2) and Article 129 (2) 3-2 newly inserted).

Major Provisions

Prescription of the duty of employers to provide assistance and the imposition of administrative fines for any violation thereof to ensure the victims easily receive the data required for demonstrating the accident’s work related-cause (Article 116 and Article 129)

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