SEAMEN INSURANCE ACT

Article 1(Purpose) #

The purpose of this Act is to contribute to the enhancement of the welfare of crew members and their families through enforcement of an insurance system for crew members.

Article 2(Insurance Grant) #

The insurance for crew members shall be subject to giving insurance grant in connection with illness, injury, old age, disability, withdrawal or death of a person insured or a person who used to be insured.

Article 3(Control of Insurance) #

(1) The insurance for crew members shall be under the control of the Government.

(2) A Central Deliberation Council for Insurance of Crew Members and Local Deliberation Councils for Insurance of Crew Members shall be established to provide advice and suggestions, as requested, on matters concerning important planning and management of the insurance for crew members by the Government.

(3) Matters concerning the Councils as prescribed in the preceding paragraph shall be determined by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 4(Definition of Remunerations) #

(1) Remunerations as used in this Act mean the salaries and others similar thereto received from the owner of the vessel in compensation of the performance of duties as crew members.

(2) Matters concerning the kinds, scope and assessment of the remunerations similar to the salary shall be defined in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 5(Standard Remunerations) #

(1) In cases of calculating the amount of insurance premium or insurance grant in proportion to the amount of remuneration, the standard remuneration shall be used in the calculation thereof.

(2) The average monthly amount of remuneration mentioned in this Act shall refer to the monthly amount of the average standard remuneration, and the average daily amount of remuneration to the amount equivalent to one thirtieth of the monthly amount of the average standard remuneration.

(3) Matters concerning standard remuneration shall be determined by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 6(Extinctive Prescription) #

The right to collect, or receive the return of, insurance premiums and other money to be collected on the basis of this Act, and the right to receive expenses for recuperation, injury or illness allowances, disability allowances or death allowances shall be barred by extinctive prescription when two years have elapsed, and the extinctive prescription shall be completed when five years have elapsed for the right to receive old-age pensions, disability pensions, withdrawal pensions, or lump sum money as prescribed in Article 36, 37, 41 or 48.

Article 7(Calculation of Periods) #

The provisions of the Civil Act concerning calculation of periods shall be applied mutatis mutandis to the calculation of periods prescribed in this Act or in Ordinances issued on the ground of this Act except as otherwise prescribed in this Act.

Article 8(Exemption of Revenue Stamp Taxes) #

Revenue stamp taxes shall not be imposed on the documents concerning the insurance of crew members.

Article 9(Gratuitous Certification of Census Registration) #

The Minister of Maritime Affairs and Fisheries or a person to receive an insurance grant may request for gratuitous certification to a person taking the office work of family registration in charge or the proxy therefor, concerning the family registration of a person insured, a person who used to be insured, or such person's dependents. <Amended by Act No. 5454, Dec. 13, 1997>

Article 10(Order to Report, Submit Documents, and so forth) #

(1) The Minister of Maritime Affairs and Fisheries may, in accordance with the provisions of the Presidential Decree, have the owner of a vessel who employs the insured file reports with regard to moving and remunerations of the employee, submit documents and conduct other office works necessary for enforcement of the insurance for crew members. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(2) The Minister of Maritime Affairs and Fisheries may, in accordance with the provisions of the Presidential Decree, order the insured or the beneficiaries to file reports, applications or notifications, or to submit documents necessary for the enforcement of the insurance for crew members with the Minister of Maritime Affairs and Fisheries or the owner of a vessel, or to appear by themselves. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

Article 11(Right of Public Officials to Inspect and Inquire) #

(1) When it is considered necessary for insurance grant, the Minister of Maritime Affairs and Fisheries may let the pertinent public officials conduct an inspection of the medical treatment organs concerned over the record of medical treatment and other ledgers and documents. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(2) When it is considered necessary for the disposition of insurance business, the Minister of Maritime Affairs and Fisheries may allow pertinent public officials to ask questions to persons concerned or to inspect documents and ledgers and other matters at the workshop of a person insured or a person who used to be insured, concerning moving and remunerations of the person insured or a decision of an insurance grant. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(3) When the pertinent public officials conduct inspection or inquiries in accordance with the provisions of the two foregoing paragraphs, they shall be required to carry certification slips with them indicating the authority therefor and show them to persons concerned.

Article 12(Owner of Vessel) #

The owner of a vessel mentioned in this Act or Ordinances issued on the basis of this Act shall refer to the administrator of the vessel in case of a joint ownership of the vessel, and the charterer of the vessel on rent in case of borrowing of the vessel.

Article 13(Loss of Qualification of Person Insured) #

(1) When the life or death of a person insured who was working aboard a vessel at the time of the destruction or sinking of the vessel, or of a person insured who lost the qualification as a person insured while working aboard the vessel and continued to board the vessel thereafter, has not been known for three months since the date of the destruction or the sinking, he shall be deemed as having died on the date of completion of the period thereof with regard to the application of this Act.

(2) When the existence or non-existence of a vessel has not been clear for one month or more, the vessel shall be deemed as having been destroyed and lost.

(3) The provisions of paragraph (1) shall be applied mutatis mutandis in case a person insured or a person who lost the qualification as a person insured while working aboard a vessel and continued to board the vessel thereafter became missing while the vessel was amidst navigation and the life or death has not been clear for three months.

Article 14(Collection of Insurance Premiums) #

(1) When a person fails to pay the insurance premiums or other dues imposed upon on the basis of this Act, the Minister of Maritime Affairs and Fisheries shall urge the defaulter to pay within the period of payment. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(2) When a call has been made in accordance with the provisions of the foregoing paragraph, a charge for the call and charge for the arrears shall be collected as prescribed in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(3) When the person who received a call as prescribed in paragraph (1) has not paid by the designated deadline the insurance premium and other money to be collected as stipulated in this Act, the Minister of Maritime Affairs and Fisheries may make a disposition following the examples of disposition on national taxes in arrears or entrust a head of Si (a head of Gu in case of the Seoul Special Metropolitan City; hereinafter the same shall apply) or a head of Gun where the delinquent taxpayer or his properties are located with the disposition thereof. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(4) When a head of Si/Gun has been entrusted with the disposition in accordance with the provisions of the foregoing paragraph, the head of Si/Gun shall make a disposition following the example of Si/Gun taxes. In these cases, the Minister of Maritime Affairs and Fisheries shall deliver to the pertinent local government the amount equivalent to three hundredths of the amount of money collected. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

Article 15(Order of Priority of Collection of Insurance Premiums) #

For insurance permiums and other money to be collected on the basis of this Act, the right to receive repayment with priority next to the national taxes and local taxes shall be guaranteed.

Article 16(Crew Members of Vessel Owned by State or Local Governments) #

For crew members working aboard a vessel owned by the State, a local government or a person similar thereto, separate provisions may be made through the Presidential Decree concerning the application of this Act. <Amended by Act No. 5454, Dec. 13, 1997>

Article 17(Person Insured) #

A crew member with the nationality of the Republic of Korea, as prescribed in the Seamen Act, who is working aboard a vessel which is registered at a port within the country, shall be the person insured for the insurance for crew members: Provided, That this shall not apply to those persons listed below: <Amended by Act No. 5454, Dec. 13, 1997>

1. A person who is not employed by the owner of vessel;

2. A public official (excluding those who do not receive salaries and other allowances); and

3. Persons designated by the Presidential Decree, other than those listed in the two foregoing subparagraphs.

Article 18(Acquisition of Qualifications) #

A person to be insured shall acquire the qualification therefore from the date of starting work aboard a vessel, from the date on which he becomes not falling under any subparagraph of the proviso of the foregoing Article, or from the date of obtaining the nationality of the Republic of Korea.

Article 19(Loss of Qualifications) #

A person insured shall lose the qualification therefore from the date next to the date of his death, from the date next to the date on which he quitted working aboard a vessel, from the date next to the date on which he came to fall under the category of any of subparagraphs of the proviso of Article 17, or from the date next to the date on which he lost the nationality of the Republic of Korea: Provided, That when the person again came to fall under the provisions of the foregoing Article on the date on which any of the aforementioned facts took place, he shall lose the qualifications from that date.

Article 20(Confirmation of Qualifications) #

(1) Acquisition or loss of qualifications of the insured as prescribed in the two preceding Articles shall be effective by a confirmation of the Minister of Maritime Affairs and Fisheries. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(2) The confirmation as referred to in the preceding paragraph shall be effected at the request of persons concerned or ex officio.

Article 21(Sustenance of Qualifications) #

(1) In case a person who has been insured for a period of not less than 10 years but less than 15 years has become a person not insured, he may continue to be a person insured as stipulated in the Presidential Decree: Provided, That this shall not apply when the person has lost the nationality of the Republic of Korea. <Amended by Act No. 5454, Dec. 13, 1997>

(2) To the person insured as prescribed in the foregoing paragraph, insurance grants concerning old age, withdrawal or death only shall be made.

Article 22(Loss of Sustained Qualifications) #

A person insured, as prescribed in the foregoing Article, shall lose his qualifications from the day next to the date on which he came under the category of any of the following subparagraphs (in case of falling under subparagraph 3, on that very day):

1. When he has died;

2. When he has obtained qualification to receive old-age pension;

3. When he has become a person insured, as prescribed in Article 17;

4. When he has applied for disqualification as a person insured; and

5. When he has not paid arrears of insurance premiums by the designated deadline as prescribed in Article 14 (1).

Article 23(Calculation of Term Insured) #

(1) The term insured shall be reckoned from the month in which a person acquired qualification as a person insured and shall expire in the month previous to the month in which the person lost the qualification: Provided, That when a person acquired the qualification as a person insured after the 16th of a month, the said month shall be calculated as half a month.

(2) When a person lost the qualification as person insured after the 16th of a month, the said month shall be considered half a month and calculated into the term insured, in spite of the provision of the foregoing paragraph.

(3) In case of granting an insurance grant to a person, who obtained again the qualification as a person insured after losing the qualification, the terms insured before and after the loss and reacquisition shall be combined together: Provided, That in cases of receiving disbursement of a withdrawal allowance, the term on the basis of which the calculation was made shall not be combined.

(4) The provisions of the proviso of the foregoing paragraph shall apply mutatis mutandis in case of receiving the disbursement of the balance as prescribed in Article 48.

Article 24(Scope and Priority of Bereaved Family) #

The scope and priority of the bereaved family for receiving a lump sum payment or a death allowance as prescribed in the provisions of Article 36, 37 or 41 shall be stipulated in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 25(Term for Disbursement) #

(1) The disbursement of old-age pension and disability pension shall be reckoned from the month next to the month in which the cause for the disbursement thereof took place and shall expire in the month in which the right therefor extinguished.

(2) The pensions prescribed in the foregoing paragraph shall be disbursed quarterly every year in March, June, September and December, the amount of disbursement each time being for the period up to the previous month, respectively.

Article 26(Right to Claim Reparation) #

When the Government has given an insurance grant in the case the accident therefore was caused by an act of a third person, the Government shall obtain the right to claim indemnification for subrogation, to the extent of the amount of the insurance grant, which the grantee is entitled to against the third person.

Article 27(Exemption of Public Imposts) #

Upon the money or goods received as an insurance grant, no tax or any other public imposts shall be imposed on the basis thereof, except for an old-age pension.

Article 28(Prohibition of Transfer, etc.) #

The right to receive an insurance grant shall not be transferred or attached.

Article 29(Recuperation Measures) #

(1) Concerning the illness or injury of a person insured or a person who used to be insured, recuperation measures as enumerated below shall be taken: Provided, That illness or injury suffered after the loss of the qualification as a person insured shall be exceptional, save the illness or illness caused by an injury suffered before the loss of the qualification as a person insured:

1. Medical examination;

2. Supply of medicine or materials for treatment;

3. Medical care, operation or other treatment;

4. Accommodation into a hospital or a clinic, or supply of lodging fee and foodstuffs necessary for recuperation at a place other than one's own home;

5. Nursing; and

6. Transfer.

(2) Measures prescribed in subparagraphs 4 through 6 of the foregoing paragraph shall be taken only when it is considered necessary by an administrative government authority, except as otherwise specified in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(3) A person who used to be a person insured may not receive recuperation unless he has received it during the term specified in the Presidential Decree: Provided, That this shall not apply in case there exists an inevitable cause. <Amended by Act No. 5454, Dec. 13, 1997>

(4) The Minister of Maritime Affairs and Fisheries shall designate the hospitals, clinics or drugstores to perform medical examination, preparation of medicine or treatment for a person insured or a person who used to be insured, in case of the recuperation measures as prescribed in paragraph (1). <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

(5) The chief of a hospital, clinic or a drugstore designated in accordance with the provisions of the foregoing paragraph shall not refuse the designation without justifiable reasons.

Article 30(Disbursement of Recuperation Expenses) #

In the case it is difficult to take recuperation measures, or in the case there has been a request from a person insured or a person who used to be insured, or in case of emergency or inevitable circumstances, recuperation expenses may be disbursed instead of recuperation measures as prescribed in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 31(Injury or Illness Allowances) #

When a person who used to be insured is not able to get engaged in labor for the reason of taking recuperation, the amount equivalent to 60 percent of the average daily amount of remuneration at the time of loss of the qualification as a person insured shall be disbursed per day during the period as an injury or illness allowance.

Article 32(Decrease in Injury or Illness Allowance for Person Accommodated) #

Illness or injury allowance disbursed to a person who used to be a person insured, and who is accommodated in a hospital or a clinic, may be decreased as prescribed in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 33(Period for Disbursement) #

(1) Grant of recuperation or disbursement of an injury or illness allowance shall not be made when six months has elapsed from the date of commencement of the insurance grant for the same illness, injury, or illness caused by the injury.

(2) As for an illness designated by the Minister of Maritime Affairs and Fisheries, recuperation measures or disbursement of injury or illness allowance may be made continuously within a period of six months in excess of the period prescribed in the foregoing paragraph, as stipulated in the Presidential Decree: Provided, That it shall apply only to a person who was insured continuously for a period prescribed in the Presidential Decree prior to the commencement of the insurance grant. <Amended by Act No. 5454, Dec. 13, 1997>

(3) Injury or illness allowance shall not be disbursed when a period during which time recuperation measures may be taken has elapsed, even though the period for the disbursement thereof has not passed by.

Article 34(Old-age Pensions) #

When a person who used to be insured for 15 years or more has passed the age of 55 after losing the qualification thereof, or has lost the qualification after passing the age of 56, an old-age pension shall be disbursed to him until the time of his death.

Article 35(Amount of Old-age Pension) #

(1) The amount of an old-age pension shall be 25 percent of the average annual amount of remunerations of the whole period during which time a person was insured, for a person insured for a period less than 16 years and not less than 15 years, and the amount equivalent to one percent of the average annual amount of remunerations of the whole period during which time the person was insured shall be added thereto for every one year after lapse of 15 years during which time he was insured.

(2) The amount of an old-age pension to be disbursed to a person who was insured for a term of 40 years or more shall be calculated on the basis that the period during which time he was insured is 40 years.

Article 36(Remaining Amount of Old-age Pension for Dead Person) #

In case of death of a person who receives disbursement of an old-age pension, if the gross amount of the old-age pensions already received falls short of the amount equivalent to the old-age pensions for five years, the balance thereof shall be disbursed to his bereaved family as a lump sum money.

Article 37(Lump Sum Old-age Pension for Dead Person) #

When a person who was insured for 15 years or more has died without receiving an old-age pension, the amount equivalent to the old-age pensions for five years which could have been disbursed to the dead person shall be disbursed to his bereaved family as a lump sum money.

Article 38(Suspension of Disbursement of Old-age Pension) #

(1) To a person who receives the disbursement of an injury or illness allowance, disbursement of an old-age pension shall be suspended during the period he can receive the said allowance, in accordance with what is prescribed in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

(2) When a person who receives an old-age pension has become a person insured, disbursement of the old-age pension shall be suspended from the date thereof.

(3) When the person insured, for whom disbursement of an old-age pension was suspended in accordance with the provisions of the foregoing paragraph, has lost the qualification thereof, the amount of the old-age pension shall be recalculated with the periods during which time he was insured all combined together.

(4) In case of recalculating the amount of an old-age pension in accordance with the provisions of the foregoing paragraph, the amount of the old-age pension which he used to receive in the past shall be the newlydecided amount of the old-age pension if the recalculated amount is less than the old amount.

Article 39(Disability Pension and Disability Allowance) #

In case a person insured for three years or more during a period of six years prior to the loss of his qualification as such has been cured of his illness, injury, or illness caused by the injury, which broke out before the loss of qualification, within a period prescribed in the Presidential Decree or the period has elapsed without his being cured, a disability pension shall be disbursed to him if he is in such a state of disability as stipulated in the Presidential Decree, until his death, in proportion to the extent of the disability, or a lump sum money shall be disbursed to him as disability allowance. <Amended by Act No. 5454, Dec. 13, 1997>

Article 40(Amount of Disability Pension and so forth) #

(1) The amount of a disability pension shall be the amount equivalent to 25 percent of the average annual amount of remunerations of the whole period during which time the person was insured, and an amount equivalent to one percent of the average annual amount of remunerations of the whole period during which time the person was insured shall be added thereto for every one year after a period of 15 years during which time the person was insured.

(2) The provision of Article 35 (2) shall be applied mutatis mutandis in the case mentioned in the foregoing paragraph.

(3) The amount of a disability allowance shall be the amount equivalent to seven times the average monthly amount of remunerations of the whole period during which time the person was insured.

Article 41(Lump Sum Money as Disability Pension for Dead Person) #

When a person who receives disbursement of a disability pension has been deceased, the amount of money as classified below shall be disbursed to his bereaved family as a lump sum money:

1. If the total amount of disability pensions already received falls short of the amount equivalent to the combined amount of the amount of a withdrawal allowance which the person could have received at the time he lost the qualification as a person insured plus the amount equivalent to seven times the average monthly amount of remunerations of the whole period during which time the person was insured (in case of exceeding 13 times the average amount of monthly remunerations of the whole period during which time the person was insured, the amount equivalent to that for 13 months shall be the maximum), in case the period during which time the person was insured is less than 15 years, the balance thereof; and

2. If the total amount of disability pensions already received falls short of the amount equivalent to the disability pensions for five years, in the case the period during which time the person was insured is 15 years or more, the balance thereof.

Article 42(Disbursement of Pensions in Conflict) #

To a person entitled to receive an old-age pension and a disability pension, one of the two pensions shall be disbursed in accordance with the following classifications;

1. When the amount of the old-age pension is different from the amount of the disability pension, the higher amount of the pensions;

2. When the amount of the old-age pension is same as the amount of the disability pension, the disability pension; and

3. When the amounts of two or more of disability pensions are same each with other, the amount of the existing disability pension.

Article 43(Abolition of Disbursement of Disability Pension) #

When a person entitled to receive a disability pension has come into such a state as would not correspond to the state of disability to receive the disability pension therefor, the disability pension shall not be disbursed.

Article 44(Prohibition of Disbursement of Disability Pension to Person Entitled to Receive Old-age Pension) #

To a person possessed of the right to receive an old-age pension, a disability pension shall not be disbursed.

Article 45(Disbursement of Withdrawal Allowance) #

When a person who was insured for less than 15 years but not less than three years has been deceased, or when one year and six months has elapsed without again becoming a person insured after he lost the qualification, a withdrawal allowance shall be disbursed: Provided, That the withdrawl allowance shall be disbursed to the person who has right to receive said allowance even through one year and six months has not elapsed.

Article 46(Amount of Withdrawal Allowance) #

The amount of a withdrawal allowance shall be the average monthly amount of remunerations multiplied with the number of months prescribed in the following list in accordance with the period during which time the person was insured: Provided, That the amount to be disbursed to person who receives a disability allowance cannot exceed, combined with the amount of the disability allowance, the amount equivalent to 13 times the average monthly amount of remunerations of the whole period during which time he was insured.

Article 47(Withdrawal Allowance for Person Entitled to Receive Disability Pension) #

To a person possessed of the right to receive a disability pension, a withdrawal allowance shall not be disbursed.

Article 48(Disbursement of Balance) #

If the total amount of disability pensions already received falls short of the amount of a withdrawal allowance which a person could have received at the time when he was disqualified as a person insured, in the case a person possessed of the right to receive a disability pension has become unable to receive the disbursement of the disability pension in accordance with the provisions of Article 43, the balance thereof shall be disbursed.

Article 49(Death Allowances) #

In cases falling under the category of any of the following subparagraphs, if a person insured or a person who used to be insured was a person insured for three years or more, a death allowance equivalent to three times the average monthly amount of remunerations of the whole period during which time the person was insured shall be disbursed to the bereaved family thereof:

1. When the person insured has died;

2. When a person who used to be insured has died within three months after he lost the qualification therefor; and

3. When a person who used to be insured, and receiving recuperation measure, has died.

Article 50(Restriction on Grant in case of Accident Caused by Intentional Crime) #

(1) When a person insured or a person who used to be insured has caused an accident to himself by means of a criminal act committed intentionally, or on purpose, recuperation measures, injury or illness allowance, disability pension, disability allowance or a death allowance shall not be disbursed.

(2) When a person who is to receive the disbursement of a lump sum money or a death allowance as prescribed in Article 36, 37 or 41 has caused the death of the person insured or the person who used to be insured, the disbursement shall not be made to the person. The disbursement shall be made to a person with the next priority in such a case, if there is one.

Article 51(Restriction on Grant to Person Who Caused Accident by means of Disobedience to Directive) #

When a person insured or a person who used to be insured has caused an accident to himself by means of intentionally disobeying a directive of his business supervisor concerning the prevention of dangers or harms due to a scuffle, intoxication or an outstandingly bad behavior or disobeying a directive concerning recuperation without justifiable reasons, the whole or part of the recuperation measures may not be taken, or the whole or part of the injury or illness allowance, disability pension or disability allowance may not be disbursed.

Article 52(Restrictions on Grants in case of Conscription, Call-up or Others) #

(1) When a person insured or a person who used to be insured falls under the category of any of the following subparagraphs, recuperation measures or disbursement of an injury or illness allowance shall not be made during the period, except as specified otherwise in the Presidential Decree: <Amended by Act No. 5454, Dec. 13, 1997>

1. When he has been conscribed or called up in accordance with the Military Service Act;

2. When he is not inside the country;

3. When he is aboard a vessel;

4. When he has been compelled to be accommodated at a reformatory or other facilities similar thereto; and

5. When he has been detained or held at a prison, detention house or a place of labor.

(2) When recuperation expenses have been disbursed or when recuperation measures have been taken at the expense of the state or a public body in accordance with other Acts and subordinate statutes, disbursement of the recuperation expenses or measures for recuperation shall not be taken within that extent.

(3) The provisions of Article 32 shall apply mutatis mutandis to a person as described in the foregoing paragraph who is accommodated at a hospital or a clinic.

Article 53(Injury or Illness Allowances for Person Who has not Complied with Recuperation Directive) #

To a person who does not obey a directive concerning recuperation without justifiable reasons, part of the injury or illness allowance may not be disbursed.

Article 54(Insurance Grant to Person Who has Committed Illegal Act) #

To a person who has received or has tried to receive an insurance grant by means of a fraudulence or any other illegal acts, the whole or part of the insurance grant may not be disbursed for a fixed period of time in accordance with what is stipulated in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 55(Diagnosis and Injury or Illness Allowances to Person Who has Refused Diagnosis) #

(1) When it is considered necessary for a person who receives measures for recuperation, an injury or illness allowance or a disability pension, a diagnosis may be conducted.

(2) To a person who has not received the diagnosis as prescribed in the foregoing paragraph without justifiable reasons, the whole or part of the recuperation measures, or the whole or part of the injury or illness allowance, disability allowance or disability pension may not be disbursed.

Article 56(Order to Submit Necessary Documents, and Steps to be Taken against Person Who has not Complied therewith) #

(1) When it is necessary for a person who receives an old-age pension or disability pension, the person may be ordered to submit necessary documents concerning changes on his personal relationship and whether the state of disability continues to exist.

(2) To a person who does not submit the documents in the case of the foregoing paragraph, disbursement of the old-age pension or disability pension may be withheld temporarily.

Article 57(Welfare Facilities) #

The Government may provide facilities necessary for the promotion of welfare of those persons insured or persons who used to be insured or persons who receive insurance grants.

Article 58(Sharing by State Treasury) #

(1) The State Treasury shall share one fourth of the expenses needed for insurance grants, excluding recuperation measures and injury or illness allowances.

(2) The State Treasury shall, within the scope of the budget every year, share the expenses required for the performance of office works concerning the insurance business for crew members, in addition to the expenses prescribed in the foregoing paragraph.

(3) The State Treasury may create financial sources for the insurance business for crew members within the scope of the budget every year, in addition to the expenses as prescribed in the two foregoing paragraphs.

Article 59(Collection of Insurance Premiums) #

(1) The Government shall collect insurance premiums in order to allocate the expenses required for the insurance business for crew members.

(2) Matters concerning calculation of the insurance premiums shall be stipulated in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 60(Duty to Share Insurance Premiums) #

(1) A person insured and the owner of a vessel who employs a person insured shall share half of the insurance premium, respectively: Provided, That a person who becomes a person insured continuously in accordance with the provision of Article 21 shall share the whole amount thereof.

(2) The proportion of sharing by the owner of a vessel as referred to in the preceding paragraph may be increased under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 61(Duty of Owner of Vessel to Pay Insurance Premium) #

An owner of a vessel shall have the duty to pay the insurance premium to be shared by a person insured employed thereby: Provided, That this shall not apply with respect to the insurance premium shared by the person insured as prescribed in Article 21.

Article 62(Subtraction of Insurance Premiums) #

(1) The owner of a vessel may, in accordance with what is prescribed in the Presidential Decree, subtract the insurance premium to be paid in accordance with the provisions of the foregoing Article from the remunerations to be disbursed to the person insured. <Amended by Act No. 5454, Dec. 13, 1997>

(2) When the owner of the vessel has subtracted the insurance premium in accordance with the provisions of the foregoing paragraph, the amount subtracted, along with a calculation concerning it, shall be notified to the person insured.

Article 63(Special Account) #

Matters concerning the account based on this Act shall be stipulated separately in an Act.

Article 64(Delegation of Official Authority) #

The Minister of Maritime Affairs and Fisheries may, in accordance with the Presidential Decree, delegate a part of its official authority as prescribed in this Act to the head of the Regional Maritime Affairs and Fisheries Office, the Seoul Special Metropolitan City Mayor or Do governor. <Amended by Act No. 2886, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

Article 65(Enforcement Decree) #

Matters necessary for the enforcement of this Act shall be defined in the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

Article 66(Penal Provisions) #

Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding 50,000 won, a penal detention or a minor fine:

1. A person who has either refused or intentionally neglected to comply with an order to submit a report, documents, or to perform office works as prescribed in Article 10 (1), or who has made a false report or submitted a document the contents of which are different from the truth;

2. A person who has either refused or neglected intentionally to comply with an order to submit a report, application, or a document, or to present himself, as prescribed in Article 10 (2), or who has made a false report or submitted a document the contents of which are different from the truth;

3. A person who has refused, interfered with or evaded an inspection by pertinent public officials as prescribed in Article 11 (1);

4. A person who has refused, disturbed or evaded an inspection by pertinent public officials as prescribed in Article 11 (2), or who has not replied to a question; and

5. A person who has violated the provisions of Article 29 (5) or 62 (2).

Article 67(Joint Penal Provisions) #

When a representative of a juristic person, or a proxy, servant or any other employee of a juristic person or an individual has committed an act described in subparagraphs 1, 3 through 5 of the foregoing Article, in connection with the business of the juristic person or the individual, the juristic person or the individual shall be imposed with a fine or minor fine as prescribed in the same Article, in addition to the punishment of the person who has committed the act.