1. Reasons for Amendment

As the Industrial Accident Compensation Insurance Act was revised (Act No.18928; promulgated on June 10, 2022, and to be enforced on July 1, 2023) such as abolishing the exclusiveness requirement of the Industrial Accident Compensation Insurance Act to eliminate the blind spot of the industrial accident compensation insurance for persons in special types of employment and establishing a new definition of “labor provider” as a concept that encompasses existing persons in special types of employment and online platform workers, this amendment aims to determine the matters entrusted by the Act such as the scope of labor providers, method of calculating average wage, standards for minimum vacation pay, and provision of data by platform operators, and matters necessary for their implementation.

2. Major Provisions

A. Prescribe the subjects, etc., of request for data provision (Article 19-2, Attached Table 1-2)

Specify the institutions and organizations subject to data request and the subjects of data request to carry out the industrial accident compensation insurance business.

B. Scope of labor providers under industrial accident insurance (Article 83-5)

Change the provisions to the scope of application of labor providers from occupations that were covered by industrial accident compensation insurance as persons in special types of employment, and include after-school teachers, construction site truck owners, children’s school bus drivers, and tourism interpretation guides in the scope of the application of industrial accident compensation insurance. 

C. Wages of labor providers (Article 83-6)

Since it is difficult to verify the specific details of the expense ratio and income required when calculating the wages of labor providers, designate construction machinery operators and construction site truck owners as occupations to which the standard wage system applies.

D. The date of the occurrence of a cause for calculating the average wage of labor providers (Article 83-7)

Define the date of the occurrence of a cause for calculating the average wage as “the date the accident causing death or injury occurs” or “the date on which the disease was confirmed to have occurred based on diagnosis.”

E. Standards for recognition of occupational accidents for labor providers (Article 83-9)

Regarding the standards for recognizing occupational accidents of labor providers, stipulate that the provisions for workers apply mutatis mutandis.

F. Insurance amount for the minimum vacation pay of labor providers (Article 83-10)

Set the insurance amount for the minimum amount vacation pay of a labor provider to an amount equivalent to 70/100 of the average daily wage of a labor provider calculated in accordance with Attached Table 11-4.

G. Request for provision of materials from platform operators (Article 83-11)

Define the data or information that the Korea Workers' Compensation & Welfare Service may request from platform operators.