영문법령 불러오는 중…

ASBESTOS INJURY RELIEF ACT — 법갈피

영문법령 / ASBESTOS INJURY RELIEF ACT

ASBESTOS INJURY RELIEF ACT

법률타법개정시행 2025-10-01기후에너지환경부,기후에너지환경부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to redress damage to health caused by asbestos in a prompt and fair manner by seeking measures to pay benefits to asbestos-inflicted disease sufferers and their bereaved family members.

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on May 26, 2020; Oct. 1, 2025; Oct. 1, 2025>

1. The term "asbestos" means a substance prescribed by Decree of the Ministry of Climate, Energy and Environment, among naturally occurring silicate minerals in a fibrous form;

2. The term "asbestos-related disease" means a disease caused by the inhalation of asbestos, including primary malignant mesothelioma, primary lung cancer, asbestosis, and any other disease prescribed by Presidential Decree;

3. The term "bereaved family member" means the spouse (including a person who is in a de facto marital relationship), a child, a parent, a grandchild, a grandparent, or a sibling of the deceased;

4. The term "worker" means a worker under Article 2 of the Labor Standards Act;

5. The term "remuneration" shall be an amount less money and goods prescribed by Presidential Decree from earned income under Article 20 of the Income Tax Act.

Article 3(Scope of application) #

This Act shall not apply to persons who are eligible for benefits under the Industrial Accident Compensation Insurance Act or any other statute prescribed by Presidential Decree. <Amended on May 26, 2020>

Article 4(Responsibilities of the State and other entities) #

(1) The State shall establish and implement a comprehensive policy for prompt relief for asbestos-inflicted disease sufferers.

Article 6(Application for recognition as asbestos victim) #

(1) A person who intends to receive relief benefits under subparagraph 1 or 2 of Article 5 shall obtain recognition as an asbestos victim to the effect that he or she has contracted an asbestos-related disease due to asbestos exposure in the Republic of Korea (hereinafter referred to as "recognition as an asbestos victim") from an environmental dispute resolution and damage relief committee under Article 4 of the Act on Environmental Dispute Resolution and Environmental Damage Relief (hereinafter referred to as "committee"). <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>

(2) A person who intends to be recognized as an asbestos victim shall file an application with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over his or her domicile, along with a medical opinion on the asbestos-related disease and other matters prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Nov. 28, 2017; May 26, 2020; Oct. 1, 2025>

(3) Upon receipt of an application under paragraph (2), the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si/Gun/Gu shall, without delay, request the competent committee to decide whether to recognize the applicant as an asbestos victim. In such cases, the head of the Si/Gun/Gu shall notify the competent Special Self-Governing City Mayor, Metropolitan City Mayor, or Do Governor of such request. <Amended on Nov. 28, 2017; Mar. 19, 2024>

(4) Upon receipt of a request under paragraph (3), the competent committee shall decide whether to grant recognition as an asbestos victim to the applicant and determine his or her grade of injury, etc. in accordance with the criteria for recognition as an asbestos victim prescribed by Presidential Decree within 60 days; provided, the period for decision-making may be extended by up to 30 days, if it is impracticable to decide whether to recognize the applicant as an asbestos victim within 60 days due to good cause such as medical circumstances that make determination impracticable. <Amended on Nov. 28, 2017; Mar. 19, 2024>

(5) When a committee extends the period for deciding whether to grant recognition as an asbestos victim under the proviso of paragraph (4), it shall notify the extension to the competent Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of the competent Si/Gun/Gu, as well as the applicant, clearly stating reasons therefor, before the period under the main clause of paragraph (4) expires. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>

(6) When a committee decides to grant recognition as an asbestos victim, it shall issue the applicant an asbestos victim medical booklet and register and manage him or her, as prescribed by Decree of the Ministry of Climate, Energy and Environment; and no person who has been issued such booklet shall transfer or lend it to any other person. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>

(7) Other necessary matters concerning the procedure for, and the method of, the recognition as an asbestos victim, and contents and the form of the asbestos victim's medical pocketbook shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

(8) All or some of expenses incurred in taking a medical examination and testing for recognition as an asbestos victim may be subsidized to a person recognized as an asbestos victim or a person prescribed by Presidential Decree. <Amended on May 26, 2020>

(9) Conditions and the amount of, and the procedure for, the support under paragraph (8) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 7(Effective period of recognition as asbestos victim) #

(1) The effective period of the recognition as an asbestos victim shall be prescribed by Presidential Decree, taking into consideration each type of asbestos-related disease, the applicable grade of injury, and other factors.

(2) A person granted recognition as an asbestos victim (hereinafter referred to as "recognized victim") who continues to suffer from his or her asbestos-related disease or any sequelae prescribed by Presidential Decree during the period of validity under paragraph (1), may file an application for renewal of such period with the competent committee no later than 1 month before the expiration of the period. In such cases, Article 6(2) and (3) shall apply mutatis mutandis to the procedures for renewal. <Amended on Jan. 5, 2021; Mar. 19, 2024>

(3) Upon receipt of an application under paragraph (2), the competent committee may renew the relevant recognition as an asbestos victim. <Amended on Nov. 28, 2017; Mar. 19, 2024>

(4) If the competent committee determines that a recognized person has recovered from his or her asbestos-related disease or any sequelae under paragraph (2), it may revoke the recognition as an asbestos victim. <Amended on Nov. 28, 2017; Jan. 5, 2021; Mar. 19, 2024>

(5) The amount of remedial benefits payable to a recognized victim shall be prescribed by Presidential Decree when the effective period for the recognition as an asbestos victim is renewed.

(6) When a committee renews or revokes the recognition as an asbestos victim, it shall notify the result to the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, and the recognized victim and an institution entrusted with the tasks regarding the payment of relief benefits under Article 51. <Amended on Nov. 28, 2017; Mar. 19, 2024>

(7) Other necessary matters concerning the renewal and cancellation of recognition as an asbestos victim shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 12(Special consolations for bereaved family members and special funeral expenses) #

(1) Special consolation payments for bereaved family members and special funeral expenses shall be provided to the bereaved family members of any of the following persons; provided, no such payments and expenses shall be provided, if the death was clearly due to a cause other than an asbestos-related disease: <Amended on Dec. 27, 2016; Jan. 5, 2021>

1. A person who contracts an asbestos-related disease as a consequence of exposure to asbestos within the Republic of Korea and dies before this Act enters into force;

2. A person who contracts an asbestos-related disease as a consequence of exposure to asbestos within the Republic of Korea and dies before this Act enters into force without filing an application for recognition as an asbestos victim;

3. A person who contracts an asbestos-related disease as a consequence of exposure to asbestos within the Republic of Korea and files an application for recognition as an asbestos victim under this Act but dies before being recognized as an asbestos victim.

(2) The amount of special consolation for bereaved family members under paragraph (1) shall be prescribed by Presidential Decree, taking into consideration expenses incurred in medical treatment of the asbestos-related disease, remedial benefits under Article 7(5), and the allowance for medical care and living costs under Article 10.

(3) The amount of the special funeral expenses referred to in paragraph (1) shall be the same as that of the funeral expenses paid pursuant to Article 11. <Amended on Jan. 5, 2021>

(4) An application for payment of special consolation for bereaved family members of a person under paragraph (1)1 (hereinafter referred to collectively as "special consolation, etc. for bereaved family members") after five years lapse from the enforcement date of this Act and an application for payment of the special consolation for bereaved family members of a person under paragraph (1)2 or 3 after 15 years lapse from the date on which the person died. <Amended on May 26, 2020; Jan. 5, 2021; May 26, 2020>

[Title Amended on Jul. 5, 2021]

Article 47(Investigations and research) #

(1) The Minister of Climate, Energy and Environment may conduct surveys and research as may be necessary for efficiently carrying out business affairs under this Act. <Amended on Oct. 1, 2025>

(2) The Minister of Climate, Energy and Environment or the head of each local government may conduct surveys on asbestos-related impacts on health of persons who resided or resides in any of the following areas and who are likely or suspected to sustain an injury caused by asbestos on their health, or other persons prescribed by Presidential Decree: <Amended on Dec. 27, 2016; Nov. 28, 2017; Oct. 1, 2025>

1. An area in which an asbestos mine has been operated;

2. An area in which asbestos or products containing asbestos have been manufactured or used in a large quantity;

3. Areas where buildings using asbestos or products containing asbestos in their construction are concentrated;

4. Other areas prescribed by Decree of the Ministry of Climate, Energy and Environment.

(3) The Minister of Climate, Energy and Environment and the heads of local governments may, if necessary for conducting surveys, etc. on asbestos-related impacts on health under paragraph (2), request the head of the relevant administrative agency or local government, or other relevant institution, corporation or organization to give cooperation such as submitting the following information and data (including personal information under subparagraph 1 of Article 2 of the Personal Information Protection Act). In such cases, a person in receipt of such request for cooperation shall comply therewith except in extenuating circumstances: <Amended on Nov. 28, 2017; Oct. 1, 2025>

1. Information on the resident registration entered in the resident registration cards under Article 7 of the Resident Registration Act;

2. Personal information in school life records under Article 25 of the Elementary and Secondary Education Act;

3. Eligible beneficiaries (however, limited to cases where their diseases are deemed to be caused by exposure to asbestos in the course of performing their duties) under Article 36 of the Industrial Accident Compensation Insurance Act;

4. Other data deemed by the Minister of Climate, Energy and Environment necessary for conducting surveys on asbestos-related impacts on health.

(4) The Minister of Climate, Energy and Environment and the heads of local governments shall thoroughly manage information and data provided pursuant to paragraph (3), and shall not use them for purpose other than their duties. <Amended on Nov. 28, 2017; Oct. 1, 2025>

[Title Amended on Nov. 28, 2017]

ASBESTOS INJURY RELIEF ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of application) #

Article 4(Responsibilities of the State and other entities) #

Article 5(Kinds of remedial benefits) #

Article 6(Application for recognition as asbestos victim) #

Article 7(Effective period of recognition as asbestos victim) #

Article 8 #

Article 9(Medical benefits) #

Article 10(Medical care and living allowances) #

Article 11(Funeral expenses) #

Article 12(Special consolations for bereaved family members and special funeral expenses) #

Article 13(Scope or order of priority of bereaved family members eligible for payment of special consolation, etc. for bereaved family members) #

Article 14(Special recognition as bereaved family members) #

Article 15(Remedial benefit adjustments) #

Article 16(Request for relief benefit payment and for payment decision) #

Article 17(Payment of remedial benefits) #

Article 18(Accrued medical care benefits, etc.) #

Article 19(Restrictions on payment of medical care benefits, etc.) #

Article 20(Relationship to other compensation or indemnity) #

Article 21(Collection of unjust gains) #

Article 22(Protection of entitlement to insurance benefits) #

Article 23(Exemption from public charges) #

Article 24(Establishment of Fund and fund-raising) #

Article 25(Use of Fund) #

Article 26(Management and operation of Fund) #

Article 27(Fund operation plans) #

Article 28(Appropriation of surplus and disposition of loss) #

Article 29(Loans) #

Article 30(Disbursement of Fund) #

Article 31(Allotted charges for asbestos injury relief) #

Article 32(Calculation of allotted charges) #

Article 33(Specially allotted charge rate for asbestos injury relief) #

Article 34(Application mutatis mutandis of provisions) #

Article 35(Filing of requests for re-examination) #

Article 36 #

Article 37(Deliberation and decision on requests for re-examination) #

Article 38 #

Article 39 #

Article 40 #

Article 41 #

Article 42(Relationship to other Acts) #

Article 43(Reporting) #

Article 44(Request for medical examination) #

Article 45(Temporary suspension of remedial benefits) #

Article 46(Confidentiality) #

Article 47(Investigations and research) #

Article 47-2(Designation of environmental health centers for asbestos) #

Article 47-3(Assessment of environmental health center for asbestos) #

Article 47-4(Revocation of designation of environmental health center for asbestos and other matters) #

Article 47-5(Establishment and operation of system for asbestos victim relief) #

Article 48(Asbestos health care pocketbook) #

Article 49(Request for cooperation to related institutions) #

Article 50(Computation of period of time) #

Article 51(Delegation of authority and entrustment of tasks) #

Article 52(Legal fiction as public officials in applying penalty provisions) #

Article 53(Penalty provisions) #

Article 54(Administrative fines) #