1. Reason for amendment
With the amendment of the Accident Compensation Insurance Act (Act No. 18040, promulgation on April 13, 2021 and enforcement on January 1, 2022; Act No. 18181, promulgation on May 18, 2021 and enforcement on January 1, 2022) so that funeral expenses may be paid even though a funeral is not yet held in a presumed case of occupational death, Korea Labor Welfare Corporation may ask the business owner to prepare and submit a back-to-work plan in order to increase the back-to-work rate of occupational accident workers, and occupational accidents may be applied to student investigators, the aim is to pay funeral expenses in advance in case of death of workers due to occupational accidents, establish the subjects and operation standards of back-to-work plans and measures by medical institutions to support back-to-work, and decide legally delegated matters including the range of student investigators and acceptance standards of occupational accidents and matters needed for execution thereof.
2. Main content
A. Advanced payment of funeral expenses (Establishment of Article 66-2 of the draft)
○ Advanced payment of funeral expenses is stipulated for occupational accidents (including commute accidents) so that funeral expenses may be promptly paid with the presumption of death due to occupational reasons.
B. Back-to-work plan (Establishment of Article 71-2 of the draft)
○ The subjects to submit back-to-work plans are persons who are expected to have Grade 14 or higher disability or require six months or longer period of care among the occupational accident patients under care.
- Although disability is expected, if active support is required, the corresponding persons may be included.
○ The method of submission, method of amendment, and other matters required for operation are delegated to the Decree of the Ministry of Employment and Labor for the administrative operation of the back-to-work plan submission system.
○ The legal basis of the measures for delegation by the Korea Workers' Compensation & Welfare Service to medical institutions for back-to-work and model rehabilitation fee to be operated as a model for rehabilitation of occupational accident workers is provided.
C. Application of occupational accident insurances to student investigators (Establishment of Article 121-2 and Article 121-3 of the draft)
○ Range of student investigators
- The range of student investigators for the application of occupational accident insurances is defined as persons participating in R&D projects and who are in the academic course being operated in accordance with Acts including the Higher Education Act or case wherein an R&D project that has been executed in the current academic course before the first semester of a higher academic course starts is continuously implemented.
○ Acceptance criteria of occupational accidents of student investigators
- The acceptance criteria of occupational accidents of student investigators follow the occupational accident acceptance criteria for workers.