Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter referred to as the “Act”) and matters necessary for the enforcement thereof.
Article 2(Scope of ordinary expenses for medical expenses to be paid in priority) #
(1) Pursuant to Article 4(2) of the Act, the scope of ordinary expenses for medical expenses to be paid in priority shall be as follows: <Amended on Jan. 5, 2021>
1. Medical examination fees;
2. Hospitalization charges for a general ward; provided, if a patient is hospitalized in a ward more expensive than a general ward due to medical necessity, the hospitalization charges for such ward;
3. All expenses necessary for treatment, including medical procedures, medication, and surgery;
4. Expenses for artificial limbs, dentures, eyeglasses, hearing aids, prosthetic devices, and other instruments necessary incidental to treatment;
5.Expenses necessary for escort, transfer to another protective facility, discharge from hospital, and outpatient visits;
6. Patient meal expenses, nursing expenses, and other expenses prescribed by the terms and conditions of an insurance policy or mutual aid agreement.
(2) In calculating ordinary expenses for medical expenses, where a victim has received treatment in a foreign country, the expenses referred to in each subparagraph of paragraph (1) shall be equivalent to the expenses incurred for identical treatment at a domestic medical institution; provided, if treatment at a domestic medical institution is impossible and the victim has received treatment in a foreign country, the expenses actually incurred for such treatment shall apply.
Article 3(Scope of damages other than medical expenses to be paid in priority) #
(1) Pursuant to Article 4(2) of the Act, the scope of damages other than medical expenses to be paid in priority shall be as follows:
1. In cases of injury:
The full amount of consolation money calculated according to the payment standards prescribed by the terms and conditions of an insurance policy or mutual aid agreement, and an amount equivalent to 50/100 of lost earnings due to suspension of work;
2. In cases of residual disability:
The full amount of consolation money calculated according to the payment standards prescribed by the terms and conditions of an insurance policy or mutual aid agreement, and an amount equivalent to 50/100 of lost earnings;
3. In cases of property damage:
An amount equivalent to 50/100 of the compensation for property damage calculated according to the payment standards prescribed by the terms and conditions of an insurance policy or mutual aid agreement.
(2) Where consolation money under paragraph (1)1 and 2 overlaps, such consolation money shall be paid as prescribed by the terms and conditions of the insurance policy or mutual aid agreement.
Article 4(Procedures for priority payment of damages) #
(1) When a victim intends to receive priority payment of damages under Articles 2 and 3, he or she shall file a claim for priority payment of damages with an insurer or mutual aid operator, as determine by the Financial Services Commission or the Minister of Land, Infrastructure and Transport. <Amended on Dec. 23, 1994; May 24, 1999; Feb. 29, 2008; Dec. 31, 2008; Mar. 23, 2013>
(2) An insurer or mutual aid operator that has received a claim for priority payment of damages pursuant to paragraph (1) shall pay such damages within 7 days from the date it receives the claim.
(3) Where a victim has received damages or provisional payments pursuant to Articles 10 and 11 of the Compulsory Motor Vehicle Liability Security Act, the insurer or mutual aid operator may deduct such amount from the amount paid in priority as damages. <Amended on Sept. 25, 2008>
Article 5(Good-faith protection of victims) #
Insurers and mutual aid operators shall faithfully perform duties related to the protection and management of victims of traffic accidents in connection with insurance or mutual aid.
Article 6(Enforcement date of Articles 4 through 6 of the Act) #
The provisions of Articles 4 through 6 of the Act shall enter into force on June 30, 1982.