Gold Building

더 쓰시려면

← 모든 법령

모든 법령

석면피해구제법

법률 제16272호 · 2020.01.16 시행 · 지난 판 · 기후에너지환경부

국가법령정보센터 원문서가에서 보기

연혁 — 판 14개
  1. 2027.01.01 시행 · 제21472호 · 타법개정 · 시행 예정
  2. 2025.10.01 시행 · 제21065호 · 타법개정 · 지금 시행 중
  3. 2025.01.01 시행 · 제20383호 · 일부개정
  4. 2022.06.10 시행 · 제18913호 · 타법개정
  5. 2021.07.06 시행 · 제17842호 · 일부개정
  6. 2020.05.26 시행 · 제17326호 · 타법개정
  7. 2020.01.16 시행 · 제16272호 · 타법개정
  8. 2018.05.29 시행 · 제15098호 · 일부개정
  9. 2016.12.27 시행 · 제14488호 · 일부개정
  10. 2015.02.03 시행 · 제13165호 · 일부개정
  11. 2014.03.18 시행 · 제12461호 · 일부개정
  12. 2012.09.01 시행 · 제11141호 · 타법개정
  13. 2011.01.01 시행 · 제10193호 · 타법개정
  14. 2011.01.01 시행 · 제10155호 · 제정

ASBESTOS INJURY RELIEF ACT — 한국법제연구원 번역으로 참고용입니다. 효력은 한국어 원문에 있습니다.

1/3 · CHAPTER I GENERAL PROVISIONS
  1. CHAPTER I GENERAL PROVISIONS
  2. CHAPTER VI PENALTY PROVISIONS
  3. 부칙

CHAPTER I GENERAL PROVISIONS

Article 1Purpose

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 2Definitions

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 3Scope 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 4Responsibilities of the State and other entities

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

(2) Each local government shall fully cooperate in the State's policy for the relief for asbestos-inflicted disease sufferers and shall endeavor to grasp the actual state of asbestos victims within its jurisdiction and to provide care to asbestos victims.

CHAPTER II REMEDIAL BENEFITS

Article 5Kinds of remedial benefits

Benefits payable for redressing injuries to health by exposure to asbestos (hereinafter referred to as "remedial benefits") are as follows: <Amended on Jan. 5, 2021>1. Medical care benefits;

2. Allowance for medical care and living costs;

3. Funeral expenses;

4. Special consolation for bereaved family members and special funeral expenses;

5. Remedial benefit adjustment.

Article 6Application 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 7Effective 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 8

Deleted. <Mar. 19, 2024>

Article 9Medical benefits

(1) Medical benefits shall be paid to each recognized victim.

(2) Medical benefits payable under paragraph (1) when a recognized victim has received medical treatment for an asbestos-related disease from a medical institution after presenting the asbestos victim's medical pocketbook shall be prescribed by Presidential Decree according to the applicable grade of injury within the maximum amount that the recognized victim shall bear pursuant to Article 44 of the National Health Insurance Act or Article 10 of the Medical Care Assistance Act, out of expenses incurred in the medical treatment. <Amended on Dec. 31, 2011>(3) Notwithstanding paragraph (2), medical benefits shall be paid even when a recognized victim has received medical treatment for an asbestos-related disease without presenting the asbestos victim's medical pocketbook in cases recognized by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(4) An application for payment of medical benefits cannot be made after three years lapse from the time a person becomes eligible for filing the application. <Amended on May 26, 2020>(5) A decision to pay medical benefits shall be effective retrospectively from the date on which the person has been diagnosed with an asbestos-related disease. <Amended on Jan. 5, 2021>

Article 10Medical care and living allowances

(1) An allowance for medical care and living costs shall be paid to each recognized victim.

(2) The amount of an allowance for medical care and living costs shall be prescribed by Presidential Decree according to the type of each asbestos-related disease and the applicable grade of injury, taking into consideration expenses necessary for medical treatment and care of each asbestos-related disease as well as livelihood in addition to medical benefits.

(3) An allowance for medical care and living costs shall be paid on a monthly basis, and the payments shall begin in the month immediately following the month in which an application for recognition as an asbestos victim under Article 6 is filed and shall end in the month in which the cause for payments of the allowance for medical care and living costs terminates.

(4) An application for payment of an allowance for medical care and living costs cannot be made after three years lapse from the date on which a person becomes eligible for filing the application. <Amended on May 26, 2020>

Article 11Funeral expenses

(1) If a recognized victim dies, funeral expenses shall be paid to the bereaved family members who held the funeral for the recognized victim; provided, the funeral expenses shall not be paid if the recognized victim has died of a cause clearly other than an asbestos-related disease. <Amended on Dec. 27, 2016; Jan. 5, 2021>(2) The amount of funeral expenses under paragraph (1) shall be the amount prescribed by Presidential Decree. <Amended on Jan. 5, 2021>(3) No application for the payment of funeral expenses under paragraph (1) may be filed 3 years after the date of the death of a recognized victim. <Amended on May 26, 2020; Jan. 5, 2021>[Title Amended on Jul. 5, 2021]

Article 12Special 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 13Scope or order of priority of bereaved family members eligible for payment of special consolation, etc. for bereaved family members

(1) Bereaved family members eligible for payment of special consolation, etc. for bereaved family members shall be those who lived together with the person under any subparagraph of Article 12(1) as at the time the person died. <Amended on May 26, 2020>(2) Article 18(2) and (3) shall apply mutatis mutandis to bereaved family members eligible for special consolation, etc. for bereaved family members. In such cases, the term "medical benefits payable" shall be construed as "special consolation for bereaved family members".

Article 14Special recognition as bereaved family members

(1) A person who intends to receive special consolation payments, etc. for bereaved family members under Article 12(1) shall file for recognition with the competent committee (hereinafter referred to as "special recognition as bereaved family members"), along with documents stating medical opinions on the asbestos-related disease and other matters prescribed by Decree of the Ministry of Climate, Energy and Environment; and Article 6(2) through (5) shall apply mutatis mutandis to the procedures for such recognition. In such cases, "recognition as an asbestos victim" shall be construed as "special recognition as bereaved family members". <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>(2) Other matters necessary for the procedures for, and the methods of, special recognition as bereaved family members shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 15Remedial benefit adjustments

(1) If a recognized victim dies and the total sum of medical benefits and the allowance for medical care and living costs paid for the asbestos-related disease is smaller than the amount of special consolation for bereaved family members under Article 12(2), an amount calculated by subtracting the aforesaid total sum from the amount of special consolation for bereaved family members shall be paid as the remedial benefit adjustment to bereaved family members who lived together with the deceased as at the time the recognized victim died; provided, the amount shall not be paid if the recognized victim has died of a cause clearly other than an asbestos-related disease: <Amended on Dec. 27, 2016>(2) Article 18(2) and (3) shall apply mutatis mutandis to bereaved family members eligible for payment of the remedial benefit adjustment. In such cases, the term "medical benefits payable" shall be construed as "remedial benefit adjustment".

(3) An application for payment of the remedial benefit adjustment under paragraph (1) cannot be made after three years lapse from the date on which a recognized victim dies. <Amended on May 26, 2020>

Article 16Request for relief benefit payment and for payment decision

(1) A person who intends to receive relief benefits under Articles 9 through 12 and 15 shall request the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu having jurisdiction over his or her domicile to pay such benefits, as prescribed by Decree of the Ministry of Climate, Energy and Environment. Article 6(2) and (3) shall apply mutatis mutandis the procedures for the payment request. <Amended on May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>(2) Upon receipt of a request for a decision on the payment of relief benefits under paragraph (1), the competent committee shall decide whether to pay such benefits within 14 days; provided, if it is impracticable to do so within 14 days, the period may be extended by 14 days with notice of the grounds for the extension. <Amended on Nov. 28, 2017; Mar. 19, 2024>(3) Deleted. <Mar. 19, 2024>(4) When the payment of relief benefits is decided, the competent committee shall notify the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, the recognized victim, and an institution entrusted with the payment of such benefits under Article 51 of the decision, and shall report the decision to the Minister of Climate, Energy and Environment. <Amended on Nov. 28, 2017; Mar. 19, 2024; Oct. 1, 2025>[Title Amended on Mar. 19, 2024].

Article 17Payment of remedial benefits

(1) Relief benefits shall be paid by the Minister of Climate, Energy and Environment through the competent Special Self-Governing City Mayor or Special Self-Governing Province Governor or the head of the competent Si/Gun/Gu within 30 days from the date the competent committee notifies its decision on such payment, and shall be borne by the Asbestos Injury Relief Fund under Article 24, the competent Mayor/Do Governor, and the head of the competent Si/Gun/Gu, in accordance with the ratio prescribed by Presidential Decree. <Amended on Nov. 28, 2017; Mar. 19, 2024; Oct. 1, 2025>(2) The procedure for the payment of remedial benefits and other necessary matters shall be prescribed by Presidential Decree.

Article 18Accrued medical care benefits, etc.

(1) Medical benefits under Article 9 and an allowances for medical care and living costs under Article 10 (hereinafter referred to as "medical benefits and allowance") had not been paid to a person who was entitled to receive such medical benefits and allowance (hereinafter referred to as "beneficiary") as at the time the beneficiary died, shall be paid upon the request of bereaved family members who lived together with the beneficiary at the time of the beneficiary's death. <Amended on May 26, 2020>(2) The order of priority of persons eligible for payment of accrued medical benefits and allowance under paragraph (1) shall be the deceased's spouse (including a person in a de facto marital relationship), children, parents, grandchildren, grandparents, and siblings in the named order. <Amended on May 26, 2020>(3) If two or more bereaved family members eligible for payment of accrued medical benefits and allowance under paragraph (1) are in the same order of priority, the accrued medical benefits and allowances shall be paid to such bereaved family members in equal dividends.

(4) A claim for the payment of accrued medical benefits and allowances under paragraph (1) cannot be filed after three years lapse from the date of death of the beneficiary. <Amended on May 26, 2020>

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

(1) If a recognized victim is deemed to have aggravated his or her disease or interfered with its treatment by intention or gross negligence, the competent committee may decide to fully or partially discontinue the payment of medical care benefits and allowances. <Amended on Nov. 28, 2017; Mar. 19, 2024>(2) Upon deciding to discontinue the payment of medical care benefits and allowances under paragraph (1), the competent committee shall, without delay, notify its decision to the competent Mayor/Do Governor, the head of the competent Si/Gun/Gu, the president of the Korea Environmental Industry and Technology Institute established under the Korea Environmental Industry and Technology Institute Act (hereinafter referred to as the "Technology Institute"), and the relevant recognized victim. <Amended on Nov. 28, 2017; Mar. 19, 2024>(3) Matters necessary for restrictions on the payment of medical care benefits and allowances shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 20Relationship to other compensation or indemnity

If a person eligible for payment of remedial benefits under this Act has received money and goods amounting to the remedial benefits under this Act pursuant to the Civil Act or any other statute for an identical ground, the remedial benefits under this Act shall not be paid up to the amount of the money and goods already received and converted by the method prescribed by Presidential Decree.

Article 21Collection of unjust gains

(1) If a person who has received relief benefits falls under any of the following categories, the Minister of Climate, Energy and Environment shall collect the amount of the benefits (referring to twice the amount in the case of subparagraph 1) and shall deposit the collected amount into the Asbestos Injury Relief Fund under Article 24: <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>1. If a person receives remedial benefits by fraud or other illegal means;

2. The remedial benefits have been erroneously paid.

(2) When the Minister of Climate, Energy and Environment collects relief benefits under paragraph (1), if the person liable to pay fails to pay by the deadline, the Minister may collect the amount in the same manner as delinquent national taxes are compulsorily collected. In such cases, an institution entrusted with the collection of unjust enrichment under Article 51(2)2 may collect relief benefits in the same manner as delinquent national taxes are compulsorily collected with approval from the Minister of Climate, Energy and Environment. <Added on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>(3) Necessary matters concerning the method of collecting illicit gains shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Nov. 28, 2017; Oct. 1, 2025>

Article 22Protection of entitlement to insurance benefits

Rights to receive remedial benefits under this Act shall not be transferred, seized, or offered to another person as security.

Article 23Exemption from public charges

Neither the State nor a local government shall impose any public due on money or goods paid or provided as remedial benefits.

CHAPTER III ASBESTOS INJURY RELIEF FUND

Article 24Establishment of Fund and fund-raising

(1) The Minister of Climate, Energy and Environment shall establish the Asbestos Injury Relief Fund (hereinafter referred to as the "Fund") to appropriate funds for expenses incurred in the payment of remedial benefits under this Act. <Amended on Oct. 1, 2025>(2) The Fund shall consist of the following financial resources:

1. The allotted charge for asbestos injury relief under Article 31;

2. The surcharge under Article 34 and other money to be collected under Article 34;

3. The illicit gains collected pursuant to Article 21;

4. Earnings from the management of the Fund;

5. Reserves;

6. Surplus at the time of settlement of accounts of the Fund;

7. Contributions and donations from the Government or any other person;

8. Contributions from other Funds;

9. Borrowings;

10. Other profits.

(3) The Government shall make contributions to the Fund for the payment of remedial benefits under this Act, as prescribed by Presidential Decree.

Article 25Use of Fund

The Fund shall be used as follows: <Amended on Nov. 28, 2017; Jan. 5, 2021>1. Payment of remedial benefits under this Act;

2. Repaying borrowings and interest;

3. Contributions to the Technology Institute for personnel expenses and operating expenses;

4. Subsidies and contributions to persons to whom business affairs are delegated or entrusted pursuant to Article 51;

5. Expenses incurred in raising, managing and operating the Fund;

6. Programs for the prevention of asbestos injuries;

7. Expenses necessary for conducting the duties of environmental health centers for asbestos under Article 47-2(1);

8. Expenses incurred in establishing and operating the system for relief from asbestos injuries referred to in Article 47-5;

9. Other expenses determined by Presidential Decree to be those necessary for the enforcement of this Act.

Article 26Management and operation of Fund

(1) The Fund shall be managed and operated by the Minister of Climate, Energy and Environment. <Amended on Oct. 1, 2025>(2) The Minister of Climate, Energy and Environment shall manage and operate the Fund as follows: <Amended on Oct. 1, 2025>1. Depositing and money trust in a financial institution or a post office;

2. Depositing in a treasury fund;

3. Purchasing beneficiary certificates of an investment trust or similar;

4. Purchasing securities issued directly or guaranteed for payment of debts by the State, a local government, or a financial institution;

5. Other projects prescribed by Presidential Decree for increasing the Fund.

(3) When the Minister of Climate, Energy and Environment manages and operates the Fund under paragraph (2), the Minister shall ensure that the returns reach or exceed the level prescribed by Presidential Decree. <Amended on Oct. 1, 2025>(4) The Minister of Climate, Energy and Environment shall apply principles of corporate accounting to the accounting for the Fund. <Amended on Oct. 1, 2025>(5) The Minister of Climate, Energy and Environment may entrust the Technology Institute with part of business affairs related to the management and operation of the Fund. <Amended on Nov. 28, 2017; Oct. 1, 2025>

Article 27Fund operation plans

The Minister of Climate, Energy and Environment shall formulate a Fund operation plan each fiscal year. <Amended on Oct. 1, 2025>

Article 28Appropriation of surplus and disposition of loss

(1) Any surplus accrued as at the time of settlement of accounts of the Fund shall be set aside as a reserve.

(2) A reserve may be used for a loss inflicted as at the time of settlement of accounts of the Fund.

Article 29Loans

(1) If necessary for the payment of expenses for the Fund, a loan may be borrowed on the account of the Fund.

(2) If the Fund does not have enough cash to pay, a loan may be borrowed temporarily on the account of the Fund.

(3) A temporary loan under paragraph (2) shall be repaid during the same fiscal year.

Article 30Disbursement of Fund

Matters concerning the procedure for disbursement in managing and operating the Fund shall be prescribed by Presidential Decree.

Article 31Allotted charges for asbestos injury relief

(1) The Minister of Climate, Energy and Environment shall collect allotted charges for asbestos injury relief charges (hereinafter referred to "allotted charges") from the following persons and transfer allotted charges to the Fund, as prescribed by Presidential Decree, in order to secure financial resources for the payment of remedial benefits under this Act: <Amended on Oct. 1, 2025>1. Owners of all businesses or places of business with an insurance relation formed with the Industrial Accident Compensation Insurance under the Industrial Accident Compensation Insurance Act (hereinafter referred to as "business owners");

2. Other persons prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1)1, the following business owners shall be exempted from the obligation to pay the allotted charges:

1. A business owner who has less than 20 regular employees (excluding construction businesses);

2. A construction project not subject to application of Article 8(1) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Act on the Collection of Insurance Premiums").

(3) The method of calculating the number of regular employees under paragraph (2)1 shall be prescribed by Presidential Decree.

Article 32Calculation of allotted charges

(1) The amount of the allotted charges under Article 31(1) shall be calculated in cases under subparagraph 1 of the aforesaid paragraph by multiplying the total sum of remuneration, which serves as the basis for calculating insurance premiums under Article 13(5) and (6) of the Insurance Premium Collection Act, (referring to the total sum of average monthly remuneration of all employees in cases of a business owner subject to application of Article 16-2(1) of the Act on the Collection of Insurance Premiums) by the rate of the allotted charges for asbestos injury relief (hereinafter referred to as "allotted charge rate").

(2) The allotted charge rate shall be publicly notified by the Minister of Climate, Energy and Environment, taking the following matters into account: <Amended on Oct. 1, 2025>1. The amount contributed by the Government under Article 24(3);

2. The amount of remedial benefits expected to be paid;

3. The total sum of allotted charges accumulated as at the end of the previous year;

4. Other expenses incurred in the prevention and relief of injuries caused by exposure to asbestos.

(3) Article 9 of the Insurance Premium Collection Act regarding general application to contracted projects shall apply to mutatis mutandis to the collection of allotted charges. In such cases, the term "Corporation" in the proviso of Article 9(1) of the aforesaid Act shall be construed as the "Minister of Climate, Energy and Environment". <Amended on Oct. 1, 2025>

Article 33Specially allotted charge rate for asbestos injury relief

(1) Notwithstanding the allotted charge rate under Article 32(2), the specially allotted charge rate for asbestos injury relief (hereinafter referred to as "specially allotted charge rate") shall apply to a business owner who has establish and operates a place of business in which the accumulated sum of asbestos permitted to be manufactured or used pursuant to Article 118(1) of the Occupational Safety and Health Act amounts to not less than 10,000 tons. <Amended on Jan. 15, 2019>(2) The total sum of the allotted charges imposed on a place of business by the specially allotted charge rate shall not exceed the amount prescribed by Presidential Decree.

(3) The method of determining the specially allotted charge rate and other necessary matters shall be prescribed by Presidential Decree.

Article 34Application mutatis mutandis of provisions

As to the payment and collection of allotted charges and other charges under this Act, Articles 16-2 through 16-11, 17 through 19, 19-2, 20, 22-2, 23, 23-2, 24, 25, 26-2, 27, 27-2, 27-3, 28, 28-2 through 28-7, 29, 29-2, 29-3, 30, 32 through 37, 39, 41 through 43, and 50 of the Insurance Premium Collection Act shall apply mutatis mutandis. In such cases, the term "insurance premium under Article 13(1)" or "insurance premium" shall be construed as "allotted charges," the term "Corporation" or "National Health Insurance Corporation" as "Minister of Environment (referring to the korea workers' compensation and welfare service or the national health insurance corporation in cases where his or her authority is entrusted pursuant to Article 51 of this Act), the term "employment insurance premium rate or industrial accident compensation insurance premium rate" or "insurance premium rate" as "allotted charge rate," the term "monthly insurance premium" as "monthly allotted charges," the term "policy holder" as "business owner," the term "estimated insurance premium" as "estimated allotted charges," the term "insurance year" as "fiscal year," the term "insurance relationship" as "relationship of the allotted charges for asbestos injury relief," the term "fixed insurance premium" as "fixed allotted charges," the term "administrative affairs for insurance" as "administrative affairs for the allotted charge for asbestos injury relief," and the term "the employment Insurance Committee under Article 7 of the Employment Insurance Act or the Committee for the Deliberation on Industrial Accident Compensation Insurance and Preventive Measures under Article 8 of the Industrial Accident Compensation Insurance Act as "Minister of Environment". <Amended on Dec. 27, 2016; Oct. 1, 2025>

CHAPTER IV REQUESTS FOR RE-EXAMINATION

Article 35Filing of requests for re-examination

(1) A person dissatisfied with a decision or recognition with regard to any of the following matters (hereinafter referred to as "decision, etc.") may file a request for re-examination with the competent committee: <Amended on Nov. 28, 2017; Mar. 19, 2024>1. Matters concerning the recognition as an asbestos victim under Article 6;

2. Matters concerning the special recognition as bereaved family members under Article 14;

3. Matters concerning the determination on payment of remedial benefits under Article 16;

4. Matters concerning charges under Article 21.

(2) A request for re-examination under paragraph (1) shall be filed within 90 days from the day the relevant person becomes aware of the decision, etc.; provided, a period during which it is impossible to file such request due to a natural disaster, war, calamity, or other force majeure events shall be excluded from the re-examination request period. <Amended on May 26, 2020; Mar. 19, 2024>(3) Matters necessary for the procedures and methods for filing a request for re-examination, the decision thereon, and the notification of such decision shall be prescribed by Presidential Decree. <Amended on Mar. 19, 2024>[Title Amended on Mar. 19, 2024].

Article 36

Deleted. <Mar. 19, 2024>

Article 37Deliberation and decision on requests for re-examination

(1) The competent committee shall, after deliberation, decide on a request for re-examination within 30 days from the date of receipt of such request under Article 35; provided, the period may be extended only once by up to 30 days, if it is impossible to make a decision within the period due to unavoidable circumstances. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>(2) The competent committee may, ex officio or at the request of a claimant, conduct any of the following acts, if necessary for the deliberation on the relevant request for re-examination: <Amended on Nov. 28, 2017; Mar. 19, 2024>1. To summon the petitioner or an interested party to appear at a designated place to inquire of him or her or hear his or her opinion;

2. To require the petitioner or an interested party to submit a document or other Article that may serve as evidence;

3. To request a third party having expertise or experience to appraise and diagnose.[Title Amended on Mar. 19, 2024].

Article 38

Deleted. <Mar. 19, 2024>

Article 39

Deleted. <Mar. 19, 2024>

Article 40

Deleted. <Mar. 19, 2024>

Article 41

Deleted. <Mar. 19, 2024>

Article 42Relationship to other Acts

(1) A request for re-examination under Article 35 shall be deemed a claim under Article 168 of the Civil Act for purposes of interruption of prescription. <Amended on Mar. 19, 2024>(2) An adjudication on a request for re-examination under Article 35 shall be deemed an adjudication on an administrative appeal for purposes of applying Article 18 of the Administrative Litigation Act. <Amended on Mar. 19, 2024>(3) Except as provided in this Act, matters regarding requests for re-examination under Article 35 shall be governed by the Administrative Appeals Act. <Amended on Mar. 19, 2024>

CHAPTER V SUPPLEMENTARY PROVISIONS

Article 43Reporting

(1) If deemed necessary for the payment of relief benefits, the competent committee may request a health care institution to submit a report on medical treatment for a person who receives relief benefits or documents or articles related to the medical treatment or assign its employees to question interested persons or to inspect relevant documents or articles. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>(2) In the case of paragraph (1), an employee of the competent committee shall carry identification verifying his or her authority and present it to relevant persons. <Amended on Nov. 28, 2017; Mar. 19, 2024>(3) A beneficiary or a person who was entitled to benefits shall file a report with the competent committee on matters related to changes in entitlement, as prescribed by Presidential Decree. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>(4) If a beneficiary dies, a person obligated to file a report of death under Article 85 of the Act on Registration of Family Relations shall file a report on the death with the competent committee within 1 month. <Amended on Nov. 28, 2017; Mar. 19, 2024>

Article 44Request for medical examination

(1) If necessary for making a decision, etc. under this Act, the competent committee may require a person who has been, or intends to be, granted recognition as an asbestos victim or who has received, or intends to receive, relief benefits to undergo a medical examination, test, or other related procedures at the following medical institutions, as prescribed by Presidential Decree: <Amended on Dec. 31, 2011; Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>1. A medical institution established and operated by the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act;

2. A specialized medical care institution under Article 42(2) of the National Health Insurance Act;

3. Deleted; <Dec. 27, 2016>4. Other medical institution prescribed by Presidential Decree.

(2) If a resident of an area prescribed by Presidential Decree, such as the vicinity of an asbestos mine, seeks recognition as an asbestos victim, the resident may request the competent committee to conduct an investigation, etc. into adverse health effects caused by asbestos. <Amended on May 26, 2020; Mar. 19, 2024>(3) Eligibility and procedures for making a request under paragraph (2) and other relevant matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 45Temporary suspension of remedial benefits

(1) The competent committee may decide to suspend the provision of relief benefits, if a person who intends to receive such benefits falls under any of the following categories: <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024>1. If the person fails to report under Article 43(3) or (4);

2. If the person fails to comply with a request for a medical examination under Article 44(1);

3. Any other case prescribed by Presidential Decree.

(2) The types of relief benefits subject to a decision on temporary suspension under paragraph (1) and the period of, and the procedures for, such temporary suspension shall be prescribed by Presidential Decree. <Amended on Mar. 19, 2024>

Article 46Confidentiality

No person who is or was engaged in the duties of the Technology Institute or a committee shall disclose any confidential information learned in the course of performing his or her duties to any third party or use such information for any purpose other than performing those duties.[This Article Wholly Amended on Mar. 19, 2024]

Article 47Investigations 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]

Article 47-2Designation of environmental health centers for asbestos

(1) The Minister of Climate, Energy and Environment may, in order to efficiently conduct surveys, research, etc. on asbestos-related impacts on health, designate the institutions referred to in the subparagraphs of Article 44(1) as environmental health centers for asbestos and entrust them to conduct the following affairs: <Amended on Oct. 1, 2025>1. Investigations of injuries caused by asbestos to health under Article 44(2);

2. Surveys and research under Article 47(1);

3. Asbestos-related impacts on health under Article 47(2);

4. Other affairs prescribed by Presidential Decree, which are those for discovering persons sustaining injuries caused by asbestos and management of their health.

(2) The validity period of the designation of an environmental health center for asbestos under paragraph (1) shall be three years.

(3) A person who intends to continue to conduct the affairs referred to in subparagraphs of paragraph (1) even after the validity period under paragraph (2) shall be re-designated by the Minister of Climate, Energy and Environment before that validity period expires. <Amended on Oct. 1, 2025>(4) The standards, procedures, etc. for designation or re-designation of an environmental health center for asbestos under paragraph (1) through (3) shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Added on Nov. 28, 2017]

Article 47-3Assessment of environmental health center for asbestos

(1) The Minister of Climate, Energy and Environment shall assess environmental health centers for asbestos under Article 47-2 (hereinafter referred to as "environmental health center for asbestos"), as classified in the following subparagraphs: <Amended on Oct. 1, 2025>1. Regular Assessment: Assessing their business performance, etc. for the previous year, once a year; provided, where they receive a comprehensive assessment under subparagraph 2, the regular assessment for the relevant year shall be omitted;

2. Comprehensive assessment: Assessing their overall operation of an environmental health center for asbestos by four months before the validity period under Article 47-2(2) expires.

(2) The Minister of Climate, Energy and Environment shall notify in advance the head of an environmental health center for asbestos of the standards, time, etc. of assessment, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>(3) The Minister of Climate, Energy and Environment may issue a warning and take a measure of the interruption of financial support or the reduction or increase of an amount of financial support, depending upon the result of the assessment conducted under paragraph (1). <Amended on Oct. 1, 2025>(4) Except as provided in paragraphs (1) through (3), matters necessary for the evaluation of environmental health centers for asbestos and other relevant details shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Added on Nov. 28, 2017]

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

(1) The Minister of Climate, Energy and Environment may revoke the designation of an environmental health center for asbestos in any of the following cases or issue an order for business suspension, in whole or in part, for a fixed period not exceeding six months; provided, the Minister shall revoke the designation, in cases falling under any of subparagraphs 1 through 3 and 5: <Amended on Oct. 1, 2025>1. Where the environmental health center for asbestos is designated, re-designated or operated by fraud or other improper means;

2. Where the center falls short of the standards for designation or redesignation under Article 47-2(4) and is therefore deemed unable to achieve the purpose of its designation;

3. Where it is deemed inappropriate to continue to maintain the environmental health center for asbestos, as a result of a comprehensive appraisal conducted under Article 47-3(1)2;

4. Where the center has received at least 2 warnings under Article 47-3(3) within a 3-year period;

5. Where the purpose of designating the environmental health center is achieved, or where it is deemed unnecessary to continue to maintain the environmental health center.

(2) Where the Minister of Climate, Energy and Environment intends to revoke the designation under paragraph (1), he or she shall hold a hearing. <Amended on Oct. 1, 2025>(3) Matters concerning the procedures, standards, etc. for revocation of designation, and business suspension under paragraph (1) shall be prescribed by Presidential Decree.[This Article Added on Nov. 28, 2017]

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

(1) A committee may establish and operate an asbestos injury relief system for use in the recognition of asbestos victims; the management of applicants for special recognition as bereaved family members; the management of recognized victims; investigations into, or research on, adverse health effects caused by asbestos; and other related activities. <Amended on Mar. 19, 2024>(2) The contents, form, and use of asbestos health management booklets under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>[This Article Added on Jan. 5, 2021]

Article 48Asbestos health care pocketbook

(1) A committee may issue asbestos health management booklets to persons prescribed by Decree of the Ministry of Climate, Energy and Environment as highly likely to develop an asbestos-related disease. <Amended on Mar. 19, 2024; Oct. 1, 2025>(2) Any person who receives an asbestos health care pocketbook issued pursuant to paragraph (1) shall not transfer or lend it to any third party.

(3) A committee may conduct periodic health examinations on persons who have been issued an asbestos health management booklet under paragraph (1), as prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>(4) The contents, form, and use of the asbestos health care pocketbook under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Climate, Energy and Environment. <Amended on Oct. 1, 2025>

Article 49Request for cooperation to related institutions

If necessary for conducting business affairs under this Act, the Minister of Climate, Energy and Environment or a committee may request the head of a relevant administrative agency, a relevant institution or organization, or an expert in the relevant field to submit pertinent materials or opinions, attend a meeting, or give any other cooperation; and a person or institution so requested shall comply therewith in good faith. <Amended on Nov. 28, 2017; May 26, 2020; Mar. 19, 2024; Oct. 1, 2025>

Article 50Computation of period of time

As to the calculation of a period prescribed in this Act or an order issued pursuant to this Act, provisions of the Civil Act regarding periods shall apply mutatis mutandis, except as otherwise provided in this Act.

Article 51Delegation of authority and entrustment of tasks

(1) Part of the authority of the Minister of Climate, Energy and Environment under this Act may be delegated to the head of an affiliated agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Oct. 1, 2025>(2) The Minister of Climate, Energy and Environment may entrust part of the tasks under this Act to an institution, corporation, or organization performing related tasks, as follows: <Amended on Oct. 1, 2025>1. Tasks relate to the payment of relief benefits under Article 17: The Technology Institute;

2. Tasks relate to the collection of unjust enrichment under Article 21: The Technology Institute;

3. Tasks relate to the imposition and collection of contributions under Article 31: The Korea Workers' Compensation and Welfare Service established under the Industrial Accident Compensation Insurance Act and the National Health Insurance Service established under the National Health Insurance Act.

(3) A committee may entrust part of its tasks under this Act to the head of the relevant operating institution, as prescribed by Presidential Decree.[This Article Wholly Amended on Mar. 19, 2024]