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ACT ON ACCIDENT COMPENSATION INSURANCE FOR FISHERS AND FISHING VESSELS — 법갈피

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ACT ON ACCIDENT COMPENSATION INSURANCE FOR FISHERS AND FISHING VESSELS

법률일부개정시행 2024-07-24해양수산부 · 제20132호 · 공포 2024-01-23

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to protect fishers, etc. by compensating for accidents involving fishers, etc. promptly and fairly through performance of accident compensation insurance business for fishers, etc. engaging in fishery and fishing vessels and thereby supporting their rehabilitation and return to society, and by promoting the restoration of damaged fishing vessels, and to contribute to stabilization of fishery management. <Amended on Jun. 15, 2021>

[This Article Wholly Amended on May 27, 2009]

Article 2(Definitions) #

(1) The terms used in this Act are defined as follows:

1. The term "fishing vessel" mean any vessel under subparagraph 1 (d) of Article 2 of the Fishing Vessels Act;

2. The term "fisher" means any person employed to provide his/her labor in a fishing vessel in exchange for a wage;

3. The term "family fisher" means a spouse (including any person having a de facto marital relation) and a lineal ascendant or descendant of the owner of a fishing vessel who provides his/her labor in the fishing vessel;

4. The term "owner of a fishing vessel" means any person who employs and pays wages to fishers irrespective of names, such as ship owner, borrower of fishing vessel, manager of fishing vessel, and charterer, or who engages in fishing activities for himself/herself or with a family fisher;

5. The term "wage", "ordinary wage", and "average boarding wage" means each wage, ordinary wage, and average boarding wage under the Seafarers' Act;

6. The term "accident of a fisher, etc." means any injury, disease, physical disability, or decease of a fisher, a family fisher, and the owner of a fishing vessel (hereinafter referred to as "fishers, etc.") related to fishing activities;

7. The term "accident involving fishing vessels" means any accident involving fishing vessels, such as submergence, stranding, collision, fire, and damage (including an accident that occurs while fishing vessels are repaired or anchored);

8. The term "cure" means a status where an injury or disease is completely cured or an effect of treatment cannot be expected anymore and its symptom becomes fixed;

Article 46-3(Succession of Liability to Pay due to Inheritance) #

(1) Where an inheritance commences, any heir (including a person who has been subject to universal legacy under Article 1078 of the Civil Act) or administrator of inherited property under Article 1053 of the Civil Act (hereinafter referred to as "administrator of inherited property") shall be liable to pay an amount to be collected under this Chapter, such as insurance premiums of fishers, and expenses for disposition on default, which have been imposed on, or should be paid by such predecessor within the limit of property earned by inheritance.

(2) Where the number of heirs is two or more in cases of paragraph (1), each heir shall be jointly and severally liable to pay an amount to be collected under this Chapter, such as insurance premiums of fishers, and expenses for disposition on default, which have been imposed on, or should be paid by such predecessor and have been calculated in proportion to his/her share of inheritance under Articles 1009, 1010, 1012 and 1013 of the Civil Act, within the limit of property earned by inheritance. In such cases, each heir shall designate a representative to pay an amount to be collected under this Chapter, such as insurance premiums of fishers of the predecessor, and expenses for disposition on default, from among the heirs, and report him/her to the Federation, as prescribed by Presidential Decree.

(3) Where it is unknown whether any heir exists or not in cases of paragraph (1), a notice, compulsion and other necessary matters concerning the payment of an amount to be collected under this Chapter, such as insurance premiums of fishers, and expenses for disposition on default to be given to heir, shall be notified to the administrator of inherited property.

(4) Where it is unknown whether any heir exists or not and no administrator of inherited property exists in cases of paragraph (1), the Federation may request the court, having the jurisdiction over the location in which inheritance commences, to appoint the administrator of inherited property.

(5) Any disposition taken against a predecessor or procedure in cases of paragraph (1) shall be also effective to an heir or administrator of inherited property.

[This Article Newly Inserted on Jul. 27, 2009]

Article 60(Examination Committee of Fishery Disaster Compensation Insurance) #

(1) An examination committee of fishery disaster compensation insurance (hereinafter referred to as the "Examination Committee") shall be established in the Ministry of Oceans and Fisheries in order to deliberate and rule on requests for reexamination under Article 59. <Amended on Mar. 23, 2013>

(2) The Examination Committee shall be comprised of less than 15 members, including a chairperson, and one of the members shall be an ex officio member.

(3) Members of the Examination Committee shall be commissioned by the Minister of Oceans and Fisheries from among any of the following persons, and three or more persons recommended by the association of fishers and the association of owners of fishing vessels, respectively, shall be included: Provided, That an ex officio member shall be the person designated by the Minister of Oceans and Fisheries from among the public officials of Grade III in general service under his/her jurisdiction or belonging to the Senior Executive Service: <Amended on Mar. 23, 2013>

1. A person who is or was in office as a public official of Grade III or higher or a public official in general service belonging to the Senior Executive Service;

2. A person who has a career working as a judge, prosecutor, attorney or certified labor affairs consultant for 10 years or more;

3. A person who is or was in office as an associate professor or higher in a college under the Higher Education Act;

4. A person who engaged in the labor-related business for 15 years or more and is deemed appropriate as a member of the Examination Committee;

5. A person who has knowledge and experience in social insurance or industrial medicine and is deemed appropriate as a member of the Examination Committee.

(4) Any of the following persons shall be disqualified to be appointed as a member: <Amended on Mar. 18, 2014>

1. A person under adult guardianship and a person under limited guardianship;

2. A person declared bankrupt and not yet reinstated;

3. A person for whom three years have not elapsed since his/her imprisonment without labor or greater punishment declared by a court was completely executed (including cases where the execution of the sentence is deemed completed) or exempted.

(5) The term of office of the members (excluding the ex officio member) shall be three years and the consecutive appointment may be permitted: Provided, That the term of office of a member for filling a vacancy shall be the remaining term of his/her predecessor.

(6) Necessary matters concerning the composition, operation, etc. of the Examination Committee shall be prescribed by Presidential Decree.

[This Article Wholly Amended on May 27, 2009]

ACT ON ACCIDENT COMPENSATION INSURANCE FOR FISHERS AND FISHING VESSELS

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Control of Insurance and Insurance Year, etc.) #

Article 4(Assistance of National Treasury) #

Article 5(Standard Wages) #

Article 6(Scope of Application) #

Article 7(Deliberation on Insurance Business) #

Article 8(Investigation, Research, etc. related to Insurance Business) #

Article 9(Entrustment of Business) #

Article 10(Supervision of Duties) #

Article 11(Accounting) #

Article 12(Accumulation of Liability Reserves) #

Article 13(Establishment of Reserves for Losses) #

Article 14(Treatment of Year-End Balance) #

Article 15(Vicarious Execution of Duties) #

Article 15-2(Requests for Data) #

Article 16(Insured) #

Article 17(Legal Fiction of Purchase of Insurance) #

Article 18(Establishment Date of Insurance Relationship) #

Article 19(Termination Date of Insurance Relationship) #

Article 20(Reports on Insurance Relationship and Change thereof) #

Article 21(Types, etc. of Insurance Benefits) #

Article 22(Medical Care Benefits) #

Article 23(Payment, etc. of Medical Care Benefits for Reasons other than Duties while Serving Aboard) #

Article 23-2(Application for Medical Care Benefits) #

Article 23-3(Request, etc. for Medical Expenses) #

Article 23-4(Medical Care by Transfer) #

Article 23-5(Application for Medical Care Benefits Due to Additional Injury and Disease) #

Article 23-6(Re-Treatment) #

Article 23-7(Preferential Application of Health Insurance) #

Article 23-8(Settlement of Expenses for Medical Care Benefits) #

Article 24(Injury and Disease Benefits) #

Article 25(Disability Benefits) #

Article 25-2(Preventive Management of Complications) #

Article 26(Lump-Sum Compensation Benefits) #

Article 27(Bereaved Family Benefits) #

Article 28(Funeral Expenses) #

Article 29(Missing Benefit) #

Article 30(Benefits for Lost Belongings) #

Article 31(Relationship with other Compensation or Indemnities) #

Article 31-2(Unpaid Insurance Benefits) #

Article 31-3(Restrictions on Payment of Insurance Benefits) #

Article 32(Collection, etc. of Unlawful Profits) #

Article 33(Subrogation, etc. of Claims for Damages) #

Article 33-2(Method of Paying Insurance Benefits of Insurance for Fishers) #

Article 34(Protection of Entitlement to Insurance Benefits) #

Article 35(Subrogation of Entitlement to Insurance Benefits) #

Article 36(Collection of Insurance Premiums) #

Article 37(Calculation of Insurance Premiums) #

Article 38(Report on Change of Total Amount of Wages) #

Article 39(Determination of Insurance Premium Rates) #

Article 40(Special Cases concerning Insurance Premium Rates) #

Article 41(Reporting on and Payment of Insurance Premiums) #

Article 41-2(Reduction of Insurance Premiums, etc.) #

Article 41-3(Partial Exemption from Insurance Premiums, etc.) #

Article 41-4(Payment of Insurance Premiums by Credit Card) #

Article 42(Appropriation and Return of Amount Paid In Excess, such as Insurance Premiums) #

Article 43(Collection of Arrears) #

Article 44(Collection of Amount of Insurance Benefits from Insured) #

Article 45(Notice and Compulsion of Amount to be Collected) #

Article 46(Dispositions, etc. on Default of Amount to be Collected) #

Article 46-2(Succession of Liability to Pay due to Merger of Corporations) #

Article 46-3(Succession of Liability to Pay due to Inheritance) #

Article 46-4(Liability for Joint and Several Payment) #

Article 46-5(Application Mutatis Mutandis of the Civil Act to Liability for Joint and Several Payment) #

Article 46-6(Application Mutatis Mutandis of the Framework Act on National Taxes) #

Article 47(Disposition on Deficits of Amount to be Collected) #

Article 47-2(Priority Order of Collection of Insurance Premiums) #

Article 48(Service of Documents) #

Article 49(Insured of Insurance for Fishing Vessels) #

Article 50(Scope of Objects of Insurance and Insurance Period) #

Article 51(Fishing Vessel Insurance Benefits) #

Article 52(Insured Value) #

Article 53(Determination of Fishing Vessel Insurance Premiums and Insurance Premium Rates) #

Article 54(Subrogation of Subject Matter of Insurance and Third Parties) #

Article 55(Succession of Rights and Obligations due to Transfer of Fishing Vessels subject to Insurance) #

Article 56(Protection of Entitlement to Insurance Benefits) #

Article 57(Filing of Requests for Examination) #

Article 58(Deliberation and Determination of Requests for Examination) #