Article 1(Purpose) #
The purpose of this Decree is to regulate those matters mandated by the State Compensation Act (hereinafter referred to as "Act") and those matters necessary for the enforcement thereof.
Article 2(Workable Period, Classification of Physical Handicap and Rate of Loss of Labor Capacity, etc.) #
(1) The workable period as prescribed in Article 3 (6) of the Act shall be computed by comprehensively taking into account the following matters; and even if it is possible for the injured to serve in the military, his or her entire military service period shall be included in the future workable period; and the classification of physical handicap and the rate of loss of labor capacity shall be as specified in attached Table 2: <Amended on Oct. 31, 2023>
1. Subjective factors of the injured, such as age, occupation, career, and health conditions;
2. Social and economic conditions, such as the average life expectancy of citizens, economic level, and employment conditions.
(2) Where there are two parts of physical handicap, the class of each part shall be provided by attached Table 2 and then the composite evaluation class shall be provided by attached Table 3.
(3) Where there are not less than three parts of physical handicap, the composite evaluation class shall be first determined with regard to the two higher-class parts in accordance with attached Table 3, and then the composite class shall be once more determined with regard to the highest-class part among the rest parts and the aforesaid composite evaluation class.
(4) Where the most damaged parts of any physical handicap fall under class 14 of attached Table 2 by 3 or more parts, the class of the said physical handicap shall be 13.
Article 3(Funeral Expenses) #
Funeral expenses provided for in Article 3 (1) 2 of the Act shall be the amount for one hundred days of average wages in accordance with Article 4 (or average wages for male in cases which wages statistics are announced for male and female, respectively). <Amended on Nov. 15, 2016; Nov. 5, 2019>
Article 3-2(Nursing Expenses) #
Where it is deemed that the injured has physical damage even after his/her medical treatment so as to be unable to be active without protection of others, nursing expenses shall be paid on the basis of the daily wages of an ordinary worker provided in Article 4 within the scope of life expectancy of the injured. <Amended on Dec. 2, 1993; Nov. 5, 2019>
[This Article Newly Inserted on Oct. 24, 1987]
[Title Amended on Nov. 5, 2019]
Article 4(Standard for Average Wages) #
Average wages provided in Article 3 (7) of the Act shall be obtained based on the daily wages of ordinary workers surveyed by a credible wages surveying institution which announces wages statistics periodically every year.
[This Article Wholly Amended on Nov. 5, 2019]
Article 5(Consolation Money) #
The standards for consolation money provided for in Article 3 (5) of the Act shall be as set forth in attached Tables 4 through 6 and 6-2. <Amended on Oct. 24, 1987>
Article 6(Profit and Loss Set off) #
(1) In calculating the bereaved family compensation, living expenses provided for in attached Table 7 shall be subtracted from the monthly salary, actual monthly income or average wages.
(2) In calculating the compensation for business suspension resulting from damage of equipment, the profits equivalent to the cost which need not be paid due to repairs shall be subtracted from the revenue loss during the repairing period.
(3) The method of deducting the intermediary interest as provided for in Article 3-2 (3) of the Act shall be in accordance with the Hoffmann Method which is a single discount method according to the legal rate of interest. <Amended on Feb. 19, 1998; Dec. 29, 2006>
Article 7(Composition, etc. of Central Compensation Council and Special Compensation Council) #
(1) The Central Compensation Council established under the Ministry of Justice (hereinafter "Compensation Council" shall be referred to as "Council") shall have the Vice Minister of Justice as its Chairperson, and be composed of six members appointed or commissioned by the Minister of Justice from among public officials of the Ministry of Justice, judicial officers, lawyers, medical doctors, and persons having expertise and experience in the field of state compensation affairs. <Amended on May 30, 2006>
(2) The Special Council established under the Ministry of National Defense shall have the Vice Minister of National Defense as its Chairperson, and be composed of six members appointed or commissioned by the Minister of National Defense from among public officials of the Ministry of National Defense, army doctors, judicial officers, lawyers, and persons having expertise and experience in the field of state compensation affairs. <Amended on May 30, 2006>
(3) The Central Council and the Special Council established under paragraphs (1) and (2) shall have at least one public official of the relevant Ministry, judicial officer, one lawyer, and one medical doctor (including one army doctor), as members, respectively. <Amended on May 30, 2006>
(4) The term of office of members commissioned pursuant to paragraphs (1) and (2) shall be two years and they may be reappointed only twice. <Newly Inserted on Nov. 15, 2016>
(5) None of the following persons shall be qualified for a member under paragraphs (1) and (2) (hereafter referred to as “member” in this Article): <Newly Inserted on Nov. 15, 2016>
1. A person who falls under any subparagraph of Article 33 of the State Public Officials Act;
2. A person who is registered as a candidate for an election held pursuant to the Public Official Election Act.
(6) Any of the following persons shall be excluded from deliberating on a case before each Council and adopting a resolution thereon: <Newly Inserted on Nov. 15, 2016>
1. Where a member or his/her current or ex-spouse has become a party (in cases of a corporation or organization, including its executive officer; hereafter the same shall apply in this subparagraph and subparagraph 2) directly involved in the relevant case or has the relationship of joint rightful persons, responsible persons, or persons obligatory for repayment with any party of the relevant case;
Article 8(Establishment of District Council and Jurisdiction) #
(1) A District Council belonging to the Central Council shall, in case of a place in which a high prosecutor's office is located, be established in the high prosecutor's office, and in a district prosecutor's office in case of other places; but its extent of jurisdiction shall be that of a district court (including that of a branch office of the same district court) in a place where a high prosecutor's office or district prosecutor's office to which each District Council belongs, is located, and its title shall be the same as attached Table 8. <Amended on Feb. 19, 1998>
(2) A District Council belonging to the Special Council shall be established in each military unit, and their titles and their jurisdictions shall be the same as those listed in attached Table 9.
(3) A District Council established under paragraph (2) shall have jurisdiction only over the cases where the perpetrator is a military personnel (including military service officials; hereinafter the same shall apply): Provided, That the District Council of the 9th Marine Brigade shall have jurisdiction over the cases where a perpetrator who is a military personnel does not belong to the Marine Brigade. <Amended on Oct. 24, 1987; Nov. 15, 2016>
(4) A District Council established in an Army unit shall have jurisdiction over the cases where a perpetrator who is a military service official does not belong to the Army, the Navy, or the Air Force. <Newly Inserted on Jul. 26, 1989>
Article 9(Composition of District Council) #
(1) The District Council referred to in Article 8 (1) shall have the deputy prosecutor of the corresponding high prosecutor's office or district prosecutor's office as its Chairperson, respectively, and be composed of four members appointed or commissioned by the Minister of Justice from among the public officials affiliated therewith, judicial officers, medical doctors, and persons having expertise and experience in the field of state compensation affairs. <Amended on Feb. 19, 1998; May 30, 2006>
(2) The District Council referred to in Article 8 (2) shall have the department chief of staff for judicial affairs of the unit, or an officer not lower than the field grade, as its Chairperson, and be composed of four members appointed or commissioned by the commander of the unit thereof from among military judicial officers, army doctors, judicial officers, and persons having expertise and experience in the field of state compensation affairs. <Amended on May 30, 2006>
(3) The District Council referred to in paragraphs (1) and (2) shall have at least one public official affiliated therewith (including a military judicial officer), judicial officer, and medical doctor (including an army doctor), as members, respectively. <Amended on May 30, 2006>
(4) Article 7 (4) through (9) shall apply mutatis mutandis to the term of office; grounds for disqualification; exclusion, challenge or refrainment; and dismissal or removal of members pursuant to paragraphs (1) and (2). <Newly Inserted on Nov. 15, 2016>
[Title Amended on Nov. 15, 2016]
Article 10(Designation, etc. of Jurisdiction) #
(1) The case the application for compensation (hereinafter referred to as "application") of which has been received repeatedly shall be processed at the District Council which has jurisdiction over the applicant's domicile. <Amended on Feb. 19, 1998>
(2) Where the jurisdiction is obscure, the Minister of Justice or the Minister of National Defense shall designate the Jurisdiction Council in accordance with the applicant's or the Council's request or by authority; where the jurisdiction between the Central Council (including its attached District Councils) and the Special Council (including its attached District Councils) is obscure, the Minister of Justice shall designate the Jurisdiction Council after hearing the opinion of the Minister of National Defense.
(3) Where it is recognized that the Council cannot process a case or the case is not under its jurisdiction pursuant to paragraphs (1) and (2), the Council shall transfer the case to the Jurisdiction Council.
(4) Where it is recognized necessary for the Council to prevent considerable loss or delay in a case under its jurisdiction, the case may be transferred to another Jurisdiction Council.
(5) The Council which has transferred a case to a Jurisdiction Council pursuant to paragraphs (1) through (4) shall without delay notify the fact to the applicant.
Article 11(Chairperson of Council) #
(1) Deleted. <Dec. 30, 2000>
(2) Where the Chairperson of the Council (hereinafter referred to as "Chairperson") is unable to perform his duties as such due to an unavoidable cause, a member designated by the Chairperson shall act on his/her behalf, and if a member is not designated, a senior from among public officials of the agency in which the Council is established shall act on his/her behalf. <Amended on Dec. 30, 2000>
Article 12(Proceedings of Council) #
(1) The Chairperson shall convene a meeting of the Council (hereinafter referred to as "meeting") and preside over it.
(2) A meeting shall be convened by a majority of all incumbent members present, including the Chairperson, and a resolution shall be made by the affirmative vote of 2/3 of the members present.
(3) Where the opinions on an amount are divided into at least three and each of them falls short of the 2/3 majority, the opinion which falls under the number corresponding to the 2/3 majority by counting the number of opinions individually on the smallest amount to that next in order shall be considered to be on the largest amount.
Article 13(Clerical Personnel) #
(1) The Council shall have a secretary and an appropriate number of clerks.
(2) The head of an agency in which the Council is established, shall appoint the secretary and clerks from among public officials under its control and public-service advocates stationed at it, with the recommendation of the Chairperson. <Amended on Feb. 19, 1998>
(3) The secretary shall carry out the affairs of the Council pursuant to the order of the Chairperson and may present himself and speak at the meeting of the Council.
(4) The clerks shall assist the secretary.
Article 14(Allowance for Members) #
Allowance shall be paid to the members present at the meeting within the limit of the budget.
Article 15(Direction and Supervision by Minister of Justice) #
(1) The Minister of Justice may give orders or take measures necessary for the direction and supervision of each Council.
(2) When the Minister of Justice deems it necessary for his duties provided in paragraph (1), he may have the affiliated personnel or the prosecutors of each level of prosecutor's offices audit the operations of each Council.
(3) The Minister of Justice may request disciplinary action or replacement from the authorized person when the members or clerical personnel of each Council has carried out the operations or duties illegally or inappropriately.
(4) The authorized person who has been requested to take an action as provided in paragraph (3) shall comply with the request unless there are justifiable causes.
Article 16(Reporting, etc.) #
(1) The District Council shall report to the Minister of Justice or the Minister of National Defense the case which attracts public interest, or is recognized important with regard to the conclusion of compensation obligations or the scope of compensation, before rendering the decision of compensation.
(2) The District Council shall report to the Minister of Justice or the Minister of National Defense the receipt and resolution of compensation applications in the previous month until the tenth of each month, and the Minister of National Defense shall notify the reported contents to the Minister of Justice until the fifteenth of each month.
(3) The head of a local government or an agency paying compensation under the special accounts shall notify without delay the competent District Council when he has paid compensation or has received a statement of discontent from the applicant pursuant to Article 24 (1) or (2), he has not paid the compensation within the statutory period or the applicant has not requested the payment of compensation (hereinafter referred to as "request") by the time two months has passed from the receipt of the notification of the decision of compensation, or the local government has not contented the payment of compensation.
Article 17(Application Form) #
(1) The following matters shall be entered in an application form for compensation (hereinafter referred to as "application form") and the applicant shall sign and seal the application form: <Amended on Feb. 19, 1998; Apr. 23, 2012>
1. The name, address, date of birth, and occupation of the applicant;
2. The purpose of and reason for application;
3. The date of application.
(2) An application form may be accompanied by evidential materials attesting the reason for an application. In such cases, the District Council shall verify the certified extract of the resident registration card including his/her resident registration number through joint use of administrative information under Article 36 (1) of the Electronic Government Act, and where an applicant does not consent to the verification, the District Council may require the applicant to attach it to the application form. <Amended on Nov. 2, 2010; Sep. 28, 2018>
Article 17-2(Demand for Correction) #
The demand for correction under Article 12 (3) of the Act shall be made, in writing, stating the following matters:
1. Matters to be corrected;
2. Grounds for correction;
3. The period for correction;
4. Other necessary matters.
[This Article Newly Inserted on Dec. 30, 2000]
Article 18(Occurrence of Cause of Compensation and Necessary Examination) #
(1) The Chairperson of the Council which has received an application for compensation or a person who has been given orders by the Chairperson may carry out a necessary examination for the decision of compensation and may inquire facts of or request the submission of information to the related administrative bodies. <Amended on Feb. 19, 1998>
(2) The Chairperson of the Council which has received application for compensation or a person who has been given orders by the Chairperson shall inquire the occurrence of the cause of compensation of the head of the agency (a military unit included) to which the perpetrator public official (military personnel, and a military service official included) is attached and seek its confirmation from him, and the head of the agency which has received inquiry shall confirm the occurrence and notify in return in writing. <Amended on Feb. 19, 1998>
(3) In carrying out the examination as provided in paragraph (1), cooperation may be requested from the agency related to the case or the public official who is investigating the case pursuant to other Acts and subordinate statutes or the head of the agency concerned.
(4) The requested public official or the head of the related agency provided in paragraph (1) or (3) shall not delay any response or notification without reasonable ground.
(5) The provisions of paragraphs (1) through (4) shall apply mutatis mutandis to the case where a person carrying out a state compensation request trial for the State or a local government examines information necessary for the carrying out of the trial.
Article 19(Advance Payment of Medical Treatment Expenses, etc.) #
(1) The injured or the bereaved family may apply to the District Council for the advance payment of medical treatment expenses, funeral expenses, or repair expenses, clearly explaining the urgent reason as provided in Article 13 (2) of the Act. <Amended on Dec. 30, 2000>
(2) The District Council which received a request as provided in paragraph (1) shall without delay decide upon whether to proceed with the payment. This shall also apply where the Chairperson decides to pay in advance the compensation under the former part of Article 13 (4) of the Act. <Amended on Dec. 30, 2000>
(3) In case of paragraph (2), medical expenses and repair expenses may be paid up to one half of the compensation; funeral expenses may be paid in full. <Amended on Dec. 30, 2000>
(4) If the amount of payment of a compensation decided by the Council is less than the amount paid in advance under paragraph (3), the head of the agency paying compensation under Article 22 shall collect the balance, and if an application for compensation is rejected or dismissed by the Council or the decision of advance payment by the Chairperson is not ratified by the Council, the head of said agency shall withdraw the amount paid in advance. <Newly Inserted on Dec. 30, 2000>
(5) The provisions of Articles 16 (3), 21 (2) and (3), and 22 through 24 shall apply mutatis mutandis to the decision of advance payment under paragraphs (1) and (2). <Newly Inserted on Dec. 30, 2000>
Article 20(Compensation Cases to be Resolved by Central Council or Special Council) #
The cases referred by the District Council which the Central Council or the Special Council shall resolve the compensation as provided in Article 13 (6) of the Act shall be as follows: <Amended on Oct. 14, 1987; Dec. 4, 1990; Dec. 2, 1993; Dec. 30, 2000; Dec. 29, 2006>
1. The cases for which the calculated compensation amount is not less than 50 million won as a result of deliberation by the District Council;
2. The cases of professional athletes, artistes, persons whose term of office is determined, and others whose real monthly income is not acknowledged to continue throughout the workable period which is usually acknowledged for daily employed workers, for which the District Council recognizes it appropriate to be resolved by the Central Council or the Special Council.
Article 21(Resolution and Notification) #
(1) Compensation shall be resolved pursuant to credible evidence, and in resolving the payment of compensation, where there is any negligence on the part of the injured party, the payment of compensation shall be reduced according to the degree of negligence with regard to the calculated amount pursuant to the standards prescribed in the Act and this Decree.
(2) Matters as provided in the following subparagraphs shall be recorded in the compensation decision form; and the members present shall affix their signature and seals to the compensation decision form: <Amended on Oct. 24, 1987>
1. The name, address, and date of birth of the applicant;
2. The statement of decision;
3. The reason for decision;
4. The date of decision.
(3) Where the Council has resolved compensation, the original copy shall be kept and the compensation decision notification and an authenticated copy of the compensation decision form shall be served on the applicant; where there is a proxy, they shall be served on the proxy, and a certified copy of the compensation decision form shall be served on the applicant. In this case, where the compensation shall be paid from the special accounts or by a local government, the compensation decision notification and a certified copy of the compensation decision form shall be submitted to the head of the agency which shall pay the compensation, simultaneously with their dispatch to the applicant, etc.
(4) Where the Central Council or the Special Council resolved compensation, the case records and a certified copy of the compensation decision form shall be forwarded to the District Council in addition to the measures provided in paragraph (3).
Article 22(Paying Agency) #
(1) State compensation resolved by the Special Council or a District Council belonging thereto shall be paid by the chief of the corresponding military unit, in which the District Council is established, from the expenditure budget of the Ministry of National Defense.
(2) State compensation with regard to each special account resolved by any of the Councils shall be paid by the head of the corresponding agency paying compensation from each special account expenditure budget.
(3) State compensation other than those provided in paragraphs (1) and (2) resolved by a Council shall be paid by the chief of the high prosecutor's office or district prosecutor's office corresponding to each District Council belonging to the Central Council from the expenditure budget of the Ministry of Justice. <Amended on Feb. 19, 1998>
(4) State compensation with regard to local governments resolved by any of the Councils shall be paid by the head of the corresponding agency paying compensation from the expenditure budget of each local government.
Article 23(Consent and Request for Payment) #
(1) When the applicant who has received the compensation decision notification wishes to be paid, the applicant shall submit to the head of the agency paying compensation a consent and payment request form with matters as prescribed in the following subparagraphs recorded, accompanied by the authenticated copy of the compensation decision form and other documents as stipulated by the Minister of Justice:
1. The name, address, and date of birth of the applicant;
2. The number of the compensation case and the statement of resolution;
3. The statement of consent to the decision of compensation and re quest for payment of compensation;
4. The date of request.
(2) When the applicant disagrees with the decision of compensation, the applicant shall submit a statement of disagreement to the head of the agency paying compensation.
(3) The head of the agency paying compensation who has received a consent and payment request form as provided for in paragraph (1) shall notify the agency to which the perpetrator who is a public official is attached and other related agencies of the particulars of the payment of compensation.
(4) Where the applicant who has made a request for compensation payment under paragraph (1) receives the final and conclusive judgment of compensation payment in the lawsuit for damages due to the same cause or otherwise is subject to compromise, admission, or mediation equivalent to such judgment, he shall submit an authenticated copy of such conclusive and final judgment or an authenticated copy of such compromise, admission, or mediation protocol, etc., as well as the documents under paragraph (1). <Newly Inserted on Dec. 30, 2000>
Article 24(Timing of Payment) #
(1) Where a consent to the decision of compensation has been given and a request for payment of compensation has been made, the head of the agency paying compensation of the local government concerned shall pay compensation within two weeks.
(2) When a request for payment of compensation has been made, the head of the agency paying compensation with regard to the special accounts shall pay compensation within two weeks.
(3) When a request for the payment of compensation has been made, the head of the agency paying compensation of a District Council belonging to either the Central Council or the Special Council shall pay compensation within one week.
Article 25(Measures for Perpetrator who is Public Official, etc.) #
(1) Where the State or a local government has paid compensation due to a harmful act by a public official of an administrative agency or any defects in its establishment and administration of public structures, the head of the agency may take measures to demand indemnification pursuant to Article 2 (2), 5 (2), or 6 (2) of the Act.
(2) The Minister of Justice, or the chief of the high prosecutor's office or district prosecutor's office corresponding to a District Council may request the head of the relevant agency for the measure of indemnification or disciplinary action against the perpetrator public official provided in paragraph (1). <Amended on Feb. 19, 1998>
(3) The provisions of Article 15 (4) shall apply mutatis mutandis to the case of paragraph (2).
Article 26(Grant of Execution Clause) #
(1) An applicant who has not been paid for compensation may apply for the grant of its execution clause by submitting the authenticated copy of the compensation resolution form to the district court which has jurisdiction over the seat of the corresponding Council (hereinafter referred to as "jurisdictional court").
(2) The jurisdictional court in receipt of such application filed under paragraph (1) shall receive the certified copy of the decision form of the case by requesting to the Council which has made the decision with a statement of request for the dispatch of the certified copy of the compensation decision form.
(3) The Council which has been requested for the dispatch of the certified copy of the compensation decision form for the grant of its execution clause by the Jurisdictional Court as provided in paragraph (2) shall send the certified copy of the decision form after comparing with and confirming the original copy of the compensation decision form, without delay, and report to the Minister of Justice or the Minister of National Defense, and the Minister of National Defense shall in turn notify the Minister of Justice.
(4) The jurisdictional court shall regard the decision form received as provided in paragraphs (2) and (3) as the original copy of judgment stipulated in Article 486 of the Civil Procedure Act, and grant its execution clause after comparing with and confirming the authenticated copy of the decision form provided in paragraph (1).
(5) When the jurisdictional court has granted the execution clause to the authenticated copy of the decision form, the jurisdictional court shall without delay notify the Minister of Justice and the Council which has resolved compensation of such fact in a written grant of the execution clause.
(6) A District Council belonging to the Special Council which has been notified the grant of the execution clause as provided for in paragraph (5) shall report to the Minister of National Defense without delay.
(7) The request and dispatch of the certified copy of the decision form provided in paragraph (2) and the notification of the grant of the execution clause provided in paragraph (5) shall be carried out by registered mail.
Article 27(Dispatch of Evidence Material) #
The Chairperson of the Council or relevant agency who keeps or possesses evidence material with regard to the cause of compensation and is notified of the notice of suit by the Minister of Justice shall forward that material to the Minister of Justice within five days from the notification by the Minister of Justice of a lawsuit pursuant to Article 9 of the Act.
Article 28(Management of Sensitive Information and Personally Identifiable Information) #
(1) The Minister of Justice or the Minister of National Defense may manage data containing sensitive information as provided for in Article 23 of the Personal Information Protection Act or resident registration numbers, passport numbers, driver’s license numbers or alien registration numbers (hereafter referred to as “resident registration numbers, etc.” in this Article) as provided for in Article 19 of the Enforcement Decree of the same Act if it is inevitable for conducting the following affairs (only referring to the affairs under subparagraph 1 in the case of the Minister of National Defense):
1. Designation of jurisdiction pursuant to Article 10;
2. Direction and supervision pursuant to Article 15;
3. Measures for a perpetrator who is a public official, etc. pursuant to Article 25.
(2) The Council may manage data containing sensitive information, resident registration numbers, etc., if it is inevitable for conducting the following:
1. Affairs regarding the application for compensation pursuant to Article 12 of the Act;
2. Affairs regarding the deliberation and decision pursuant to Article 13 of the Act;
3. Affairs regarding the redeliberation pursuant to Article 15-2 of the Act;
4. Affairs regarding the designation, etc. of jurisdiction pursuant to Article 10;
5. Affairs regarding reporting, etc. under Article 16;
6. Affairs regarding the grant of execution pursuant to Article 26;
7. Affairs regarding the dispatch of evidence material pursuant to Article 27.
(3) The Chairperson of the Council or a person who has been given orders by the Chairperson may manage data containing sensitive information, resident registration numbers, etc. if it is inevitable for conducting the affairs regarding necessary examination, inquiry of facts, or request for the submission of information pursuant to Article 18.
(4) The head of an agency paying compensation under Article 22 may manage data containing sensitive information or resident registration numbers, etc. if it is inevitable for conducting the affairs regarding the consent and request for payment pursuant to Article 23.
[This Article Newly Inserted on Nov. 15, 2016]