Home | Databases | WorldLII | Search | Feedback Laws of the Republic of Korea

ENFOREMENT DECREE OF THE ACT ON THE PREVENTION OF AND COMPENSATION FOR ACCIDENTS AT SCHOOL

[Enforcement Date: Feb. 29, 2008] [Presidential Decree No. 20740, Feb. 29, 2008, Amendment of Other Laws and Regulations]

Ministry of Education, Science and Technology (Educational Organizations Support Division) Tel.: 02-2100-6330

Article 1 (Purpose)

The purpose of this Decree shall be to prescribe the matters delegated by the Act on the Prevention of and Compensation for Accidents at School, and those necessary for the enforcement thereof.

Article 2 (Tine Related to Educational Activities) The term "time prescribed by Presidential Decree" in subparagraph 4 (c) of Article 2 of the Act on the Prevention of and Compensation for Accidents at School (hereinafter referred to as the "Act") refers to the time applicable to any of the following subparagraphs:

1. Time for going to school and leaving school by ordinary routes and methods;

2. Recess and ordinary time for staying at school before and after educational activities;

3. Time for staying at school by the order of the head of a school (hereinafter referred to as the "school head"); and

4. Turnaround time between the assembly or dispersion point and house or dormitory by reasonable routes and methods in the event that educational activities are implemented in a place other than the school.

Article 3 (Diseases under Supervision of School Head) The term "those prescribed by Presidential Decree" in subparagraph 6 of Article 2 of the Act refers to the diseases applicable to any of the following subparagraphs:

1. Poisoning caused by school meals or gas, etc.;

2. Sunstroke;

3. Diseases caused by intake of foreign substances;

4. Dermatitis caused by contact with foreign substances; and

5. Diseases for which outside impact and wounds are the direct cause. Article 4 (Operation of Deliberative Committee on Policy for School Safety Mutual-Aid) (1) The chairperson of the Deliberative Committee on Policy for School Safety Mutual-Aid under Article 4 (1) of the Act (hereinafter referred to as the "Deliberative Committee") shall convene the meetings of the Deliberative Committee and preside over the meetings. (2) Where the chairperson is unable to perform his/her duties due to unavoidable reasons, the person designated in advance by the chairperson shall act on behalf of the chairperson. (3) In the event that the chairperson intends to convene a meeting of the Deliberative Committee, he/she shall notify the date and time, venue and agenda of the meeting to each member in writing not later than five days prior to the opening of the meeting: Provided that the same shall not apply in the case of emergencies. (4) The resolution of a meeting of the Deliberative Committee shall require the attendance of a majority of all the registered members and the consenting votes of a majority of those present.

(5) The term of office of the members shall be three years, and they may be reappointed: Provided, that the term of office of the member who is the Vice-Minister of Education, Science and Technology and the members who are public officials in charge of the affairs of school safety mutual-aid of the Ministry of Education, Science and Technology shall be their periods of service in such positions.

Article 5 (Executive Secretary of Deliberative Committee) (1) One executive secretary shall be placed in the Deliberative Committee to deal with the affairs.

(2) The executive secretary shall be appointed by the Minister of Education, Science and Technology (hereinafter referred to as the "Minister") from among the public officials under his/her jurisdiction. Article 6 (Detailed Operational Rules)

The detailed rules necessary for the operation of the Deliberative Committee shall be determined by the chairperson of the Deliberative Committee through the resolution of the Deliberative Committee.

Article 7 (Operation of Specialized Committees)

(1) The members of the specialized committee under Article 4 (5) of the Act (hereinafter referred to as the "specialized committee") shall be composed of five persons. (2) The members of the specialized committee shall be commissioned by the chairperson of the Deliberative Committee the persons having academic knowledge and experience in prevention of school accidents and in compensation. (3) The specialized committee shall, upon the order of the chairperson of the Deliberative Committee, survey and research the matters concerning the affairs of prevention of and compensation for school accidents, and report thereof to the Deliberative Committee. (4) Matters for the organization and operation and other necessary matters shall be determined by the chairperson of the Deliberative Committee through the resolution of the Deliberative Committee.

Article 8 (Safety Sign, etc. for School Facilities) The Superintendents of the Special Metropolitan City, Metropolitan Cities, Dos, and Special Self-Governing Do (hereinafter referred to as the "City/Do", and the same shall apply hereinafter) (hereinafter referred to as the "Superintendent"), school heads, and the persons who established and operate private schools under the Private School Act shall attach information signs such as safety signs at the school facilities and places inside and outside the schools and post information signs at places easy to see the escape routes in case of emergencies, and prepare the facilities safety control register and manage it. Article 9 (Safety Inspection, etc. for School Facilities) The school heads, etc. shall inspect the safety, state of order and arrangement, and cleanliness of the school facilities and places applicable to the following subparagraphs:

1. Fire fighting facilities and fire escape facilities;

2. Emergency exits;

3. Playgrounds;

4. Pleasure facilities;

5. Facilities for experiments and lab work;

6. Physical training facilities;

7. Classroom (including doors), corridors, railings, stairways, entrance halls, and school- gate; and

8. Other facilities deemed necessary for safety inspection. Article 10 (Standards for Safety Control of School Facilities) (1) The standards for safety control of school facilities pursuant to Article 7 (1) of the Act shall be as stated in the attached Table I.

(2) School heads shall review the result of the inspection pursuant to the standards for safety control of school facilities under paragraph (1) and report it to the Superintendent within two months.

Article 11 (Organization, etc. of Examining Committee for Recommendation of Officers)

(1) The Examining Committee for Recommendation of Officers referred to in Article 31 (1) of the Act (hereinafter referred to as the "Recommendation Committee") shall be composed of seven members including one chairperson, and they shall be commissioned by the Minister in accordance with the following criteria:

1. Three persons representing the School Safety Mutual-Aid Association referred to in Article 15 (1) of the Act (hereinafter referred to as the "Mutual-Aid Association");

2. One person representing teachers and staff members;

3. One person representing parents of students; and

4. Two persons having profound academic knowledge and experiences in the affairs of school safety mutual-aid.

(2) The chairperson of the Recommendation Committee shall be elected from among the members by mutual voting.

(3) The term of office shall be three years, and they may be reappointed. (4) The chairperson of the Recommendation Committee shall convene the meetings of the Recommendation Committee and preside over the meetings. (5) In the event that the chairperson of the Recommendation Committee is unable to perform his/her duties due to unavoidable reasons, the person designated in advance by the chairperson shall act on behalf of the chairperson. (6) The resolution of a meeting of the Recommendation Committee shall require the attendance of a majority of all the registered members and the consenting votes of a majority of those present.

(7) Matters necessary for the operation of the Recommendation Committee other than those prescribed in this Decree shall be determined by the chairperson through the resolution of the Recommendation Committee.

Article 12 (Recommendation of Officers of Central School Safety Mutual-Aid Association)

The Recommendation Committee shall recommend not less than two persons for each of the chairperson and auditor among the officers of the Central School Safety Mutual-Aid Association (hereinafter referred to as the "Central Mutual-Aid Association") under Article 28 of the Act pursuant to Article 31 (1) of the Act. Article 13 (Appropriation of Finance of Central Mutual-Aid Association) The Minister shall allocate the contributions of the Mutual-Aid Association to be appropriated to the finance of the Central Mutual-Aid Association in proportion to the number of students, teachers and staff members who are the beneficiaries of the City/Do .as of Apr. 1 of the previous year, and each City/Do Mutual-Aid Association shall pay the assigned contributions to the Central Mutual-Aid Association by Jan. 10 of each year. Article 14 (Standards, etc. for Payment of Medical Treatment Benefits) The standards for payment by item of the medical treatment benefits under subparagraph 1 of Article 34 (hereinafter referred to as the "medical treatment benefits) shall be as follows:

1. Hospital charges shall be paid on the basis of the hospital charges for ordinary hospital rooms: Provided, that where patients such as patients with total body burns, patients who need to be segregated to prevent bacterial infection, serious mental patients, etc. are hospitalized (excluding the cases due to the situation of hospital rooms or requests by guardians) into higher grade hospital rooms (referring to the hospital rooms where not more than five patients are hospitalized), such hospital charges shall be paid;

2. For the medical examination, test, disposal, surgery (including cosmetic surgery), emergency care, rehabilitation treatment, and escort, the expenses required for the medical treatment shall be paid;

3. For dental prosthetic expenses, the expenses required for dental porcelain (referring to artificial teeth which are made of porcelain with teeth-like color) shall be paid: Provided, that where the existing dental prosthetic teeth are damaged or broken by external woulds, the expenses needed for restoration to the original state shall be paid;

4. Medicine expenses shall be paid only in the cases based on prescription;

5. Oriental medical treatments shall be paid only in the cases recognized by the National Health Insurance Act such as acupuncture and moxa cautery, etc.;

6. For supplementary instruments such as artificial limbs, false teeth, eye-glasses, hearing aids, etc., the expenses required for the prescription and purchase thereof shall be paid, or the expenses in mutatis mutandis application of Article 46 (2) of the National Health Insurance Act shall be paid; and

7. Other standards for payment such as medical examination and treatment expenses excluded from the extent of medical treatment benefits shall be prescribed by the Deliberative Committee.

Article 15 (Period Possible for Employment)

In the event of assessing the disability benefits under subparagraph 2 of Article 34 of the Act (hereinafter referred to as "disability benefits") pursuant to Article 37 (1) of the Act or Article 3 (2) 3 of the State Compensation Act or the bereaved family benefits under subparagraph 4 of Article 34 of the Act (hereinafter referred to as "bereaved benefits") pursuant to Article 39 (1) of the Act or Article 3 (1) 1 of the State Compensation Act, the period in which future employment is possible shall be the period for which the following matters are comprehensively taken into consideration:

1. Subjective matters such as age, occupation, career and health condition, etc. of the injured person;

2. Social and economic environment such as national life expectancy, level of economy and employment conditions, etc.; and

3. Period of military service, possibility of military of the beneficiary, possibility of adjustment of service period, etc. under the Military Service Act (limited to the case where the beneficiary is male) at the time of accident. Article 16 (Grade of Physical Disability and Loss Rate of Labor Power, etc.) (1) In the event of assessing the disability benefits pursuant to Article 15, the grades of physical disability and the loss rate of labor power shall be as stated in the attached Table II. (2) In the event that there are two parts of disabilities, the grade per part pursuant to the attached Table II shall be determined and the comprehensively assessed grade shall be determined pursuant to the attached Table III.

(3) In the event that there are not less than three parts of disabilities, the comprehensively assessed grade pursuant to the attached Table III for the two uppermost parts shall be determined, and the comprehensively assessed grade of the uppermost part for the remaining parts and the above comprehensively assessed grade shall be comprehensively assessed pursuant to the attached Table III.

(4) Where there are more than three parts applicable to disability grade 14 under the attached Table II among the uppermost parts of disabilities, the comprehensively assessed grade shall be grade 13.

Article 17 (Standards for Payment of Nursing Benefits) (1) The objects and standards for payment of nursing benefits under subparagraph 3 of Article 34 of the Act shall be as stated in the attached Table IV. (2) Payment of nursing benefits shall be made monthly for the days in which nursing was actually performed.

Article 18 (Standards for Average Wage)

(1) The average wage in assessing the disability benefits, bereaved family benefits, and funeral service expenses under subparagraph 5 of Article 34 of the Act (hereinafter referred to as "funeral service expenses") shall be in accordance with the daily labor wage based on the national scale statistics of regular male or female laborers analyzed by the wage survey institution which publishes wage statistics periodically not less than six times a year: Provided, that where there are no national scale statistics, it shall be in accordance with the daily labor wage based on the regional statistics of the Special Metropolitan City. (2) The wage under paragraph (1) shall first of all be based on the publicly trusted statistics of the unit construction labor wage; and where there are no such statistics, it shall be based on the government statistics of the unit labor wage; and where there are no government statistics, it shall be based on the daily labor wage for regular male or female laborer analyzed by the publicly trusted method.

Article 19 (Standards for Consolation Money)

The standards for the consolation money for physical disability and death pursuant to Article 37 (1) or Article 39 (1) of the Act shall be as stated in the attached Table V and VI. Article 20 (Offset of Loss and Profit)

(1) In assessing the bereaved family benefits, the living expenses pursuant to the attached Table VII shall be subtracted from the monthly remuneration, monthly income or average wage.

(2) In the event of paying the bereaved family benefits and the disability benefits in lump, the interim interest shall be excluded.

(3) The method of excluding the interim interest under paragraph (2) shall be in accordance with the Hoffman method based on the legal rate of interest. Article 21 (Compensation of Expenses)

The term "persons prescribed by Presidential Decree" in Article 48 (1) of the Act refers to the following persons:

1. Participants of educational activities under subparagraph 5 of Article 2 of the Act;

2. Persons commissioned as honorary school safety personnel under Article 9 of the Act; and

3. Persons who establish and administer the private schools pursuant to the Private School Act.

Article 22 (Mutual-Aid Contributions)

In the event that a mutual-aid member intends to collect the mutual-aid contributions pursuant to the latter part of Article 49 (1) of the Act, he/she shall notify thereof to the students, teachers and staff members who are the beneficiaries. Article 23 (Use of Fund)

The term "projects prescribed by Presidential Decree " in subparagraph 5 of Article 53 of the Act refers to the projects such as awards to persons who contributed to the projects for preventing school accidents, etc.

Article 24 (Management and Operation of Fund)

The term "projects prescribed by Presidential Decree" in Article 54 (2) 4 of the Act refers to the projects for purchasing securities under subparagraphs of Article 2 (1) of the Securities and Exchange Act.

Article 25 (Method of Request for Examination)

(1) The request for examination under Article 57 (1) of the Act shall be made by submitting documents stating the following matters (hereinafter referred to as "written request for examination"):

1. Name and address of the person requesting examination;

2. Contents of the decision on the mutual-aid benefits which are the subject of the request of examination;

3. Date the fact that the decision on the mutual-aid benefits was known;

4. Purport and reason for the request of examination;

5. Whether or not there was any notification on the request of examination and its contents, if any; and

6. Date, month and year of the request for examination. (2) In the event that the person requesting examination is not the beneficiary injured by a school accident, the following matters shall be stated in the written request for examination in addition to those of the subparagraphs of paragraph (1):

1. Name of the beneficiary injured by a school accident; and

2. Name and location of the school to which the beneficiary injured by a school accident belongs to at the time of the accident.

(3) In the event that the request for examination is filed by a representative of the beneficiary, the name and address of the representative shall be stated in the written request for examination aside from the matters listed under paragraphs (1) and (2). (4) The written request for examination shall be signed and sealed by the relevant representative.

Article 26 (Operation of School Safety Mutual-Aid Compensation Examination Committee)

(1) The chairperson of the School Safety Mutual-Aid Compensation Examination Committee under Article 58 (1) of the Act (hereinafter referred to as the "Examination Committee") shall convene the meetings of the Examination Committee and preside over such meetings.

(2) In the event that the chairperson of the Examination Committee intends to convene a meeting, he/she shall inform in writing the date, time, venue and agenda of the meeting to each member not later than five days prior to the opening of the meeting: Provided, that the same shall not apply in the case of emergencies.

(3) The resolution of a meeting of the Examination Committee shall require the attendance of a majority of all the registered members and the consenting votes of a majority of those present.

(4) Matters necessary for the detailed operation of the Examination Committee shall be determined by the chairperson through the resolution of the Examination Committee. Article 27 (Exclusion, Avoidance and Evasion of Member) (1) The members of the Examination Committee shall be excluded from the examination and decision on the matters applicable to the following subparagraphs:

1. Matters which are directly related to the interest of a member:

2. Matters which are related to the interest of the spouse, cousins, or relatives, or the agency to which the member belongs to; and

3. Matters which are related to the interest of the person for which a member or the agency to which the member belongs to is conducting consultation, counseling, or assessment of damages.

(2) A person who has direct interest in the matters to be examined and determined by the Examination Committee may, in the event that a member is in the condition where it is difficult to expect fairness in examination and from the member, he/she may file an application for avoidance of the member with the chairperson of the Examination Committee. In this case, the chairperson of the Examination Committee shall determine whether or not to avoid the member through the resolution of the Examination Committee. (3) The person who applies for avoidance pursuant to paragraph (2) shall submit the reason for avoidance in writing within three days from the date of the application thereof. (4) The person subject to the application of avoidance shall promptly submit a written opinion on the application of avoidance to the chairperson of the Examination Committee. (5) In the event that a member applies to the reasons of any of the subparagraphs of paragraph (1) or the reason of paragraph (2), he/she may evade the examination and decision on the relevant matter on his/her own initiative upon the approval from the chairperson of the Examination Committee.

(6) Any member who has not participated in the examination and decision pursuant to the provisions of paragraphs (1) through (5) shall be excluded in counting the number of the registered members.

Article 28 (Correction and Dismissal)

(1) Where the application for examination applies to any of the following subparagraphs, it shall be dismissed by the decision of the Examination Committee:

1. Where it is filed after expiration of the period prescribed by Article 57 (2) of the Act;

2. Where it cannot be corrected as it has violated the methods under the laws and regulations; and

3. Where it has not been corrected within the period pursuant to the text of paragraph (2). (2) In the event that the application for examination can be corrected even though it has violated the methods under the laws and regulations, the Examination Committee may demand the person requesting examination to correct it by designating a reasonable period of time: Provided, that in the event that the matters to be corrected are insignificant, such matters may be corrected by ex officio of the Examination Committee. (3) In the event that the Examination Committee has corrected the request for examination by ex officio pursuant to the proviso of paragraph (2), it shall inform such fact to the person requesting examination.

Article 29 (Method of Decision on Request for Examination) (1) The decision on the request for examination under Article 57 of the Act shall be made in writing.

(2) The following matters shall be stated in the written decision pursuant to paragraph (1):

1. Case number and case name;

2. Name and address of the person requesting examination or his/her representative;

3. Name and address of the beneficiary in the event that the person requesting examination is not the beneficiary injured by a school accident;

4. Text;

5. Intent of request for examination;

6. Reasons; and

7. Date, month and year of decision. (3) When the Examination Committee has made the decision on the request for examination pursuant to paragraph (1), it shall forward the original copy of the written decision for the examination.

(4) In the event that the Examination Committee makes a decision on the request for examination, it shall inform the person requesting examination of the procedures and request period for the request for reexamination for the decision on the request for examination. Article 30 (Investigation, etc. for Examination)

(1) The application by the person requesting for examination under Article 59 (2) of the Act shall be in writing containing the following matters:

1. Case name of the request for examination;

2. Purport and reason for application;

3. Names and addresses of the related persons to be present (limited to the case of Article 59 (2) 1 of the Act);

4. Indication of documents and other articles to be submitted, and names and addresses of the owners or keepers (limited to the case of Article 59 (2) 2 of the Act);

5. Matters to be appraised and the reasons thereof (limited to the case of Article 59 (2) 3 of the Act) and

6. Name and address of the beneficiary to be diagnosed (limited to the case of Article 59 (2) 3 of the Act).

(2) In the event that the Examination Committee has performed the activities applicable to any of subparagraphs of Article 59 (2) of the Act, it shall prepare a record which contains the following matters, and also prepare and attach a statement record thereto in the case of obtaining statements from the related persons:

1. Case number and case name;

2. Date and time, and place of investigation;

3. Objects of investigation and method of investigation; and

4. Result of the investigation. Article 31 (Operation of School Safety Mutual-Aid Compensation Reexamination Committee)

(1) The chairperson of the School Safety Mutual-Aid Compensation Reexamination Committee under Article 58 (1) (hereinafter referred to as the "Reexamination Committee") of the Act shall convene the meetings of the Reexamination Committee and preside over such meetings.

(2) In the event that the chairperson of the Reexamination Committee intends to convene a meeting, he/she shall inform in writing the date, time, venue and agenda of the meeting to each member not later than five days prior to the opening of the meeting: Provided, that the same shall not apply in the case of emergencies.

(3) The resolution of a meeting of the Reexamination Committee shall require the attendance of a majority of all the registered members and the consenting votes of a majority of those present.

(4) Matters necessary for the detailed operation of the Reexamination Committee shall be determined by the chairperson through the resolution of the Reexamination Committee. Article 32 (Method of Request for Reexamination)

(1) The request for reexamination under Article 61of the Act shall be made in writing containing the following matters:

1. Name and address of the person requesting reexamination;

2. Contents of the decision on the mutual-aid benefits subject to request of reexamination;

3. Date the original copy of the written decision on the request for examination was delivered to the person requesting examination;

4. Intent and reason for requesting reexamination;

5. Where or not there has been a notice regarding reexamination and its contents, if any; and

6. Date, month and year of the request for reexamination. Article 33 (Provisions to Apply Mutatis Mutandis) The provisions of Articles 26 through 30 shall apply mutatis mutandis to the request for reexamination. In this case, the terms "person requesting examination," "Examination Committee," "written request for examination," "written decision," "request for examination," and "decision" shall be deemed as "person requesting reexamination," "Reexamination Committee," "written request for reexamination," "written adjudication," "request for reexamination," and "adjudication," respectively. Article 34 (Imposition and Collection of Fine for Negligence) (1) In the event that the Superintendent intends to impose and collect the fine for negligence pursuant to Article 73 (1) of the Act, he/she shall investigate and confirm the relevant offense, and inform the person subject to the disposition of the fine for negligence by clearly stating in writing the type of the offense, amount and payment period of the fine for negligence, etc.

(2) In the event that the Superintendent intends to impose a fine for negligence, he/she shall give the person subject to disposition of a fine for negligence an opportunity to state his/her opinion orally or in writing by designating not less than ten days. In this case, in the event that he/she does not state his/her opinion by the designated date, he/she shall be deemed to have no opinion.

(3) The amount of fine for negligence by the type of offense shall be as stated in the attached Table VIII.

(4) The Superintendent may increase or mitigate the fine for negligence within the extent of a half of the amount pursuant to paragraph (3) after taking into account the degree of the offense, number of offenses and motive and the result of the offense, etc. In this case, the total amount of the fine for negligence when increasing the fine for negligence shall not exceed the amount under Article 71 of the Act.

(5) The procedures for collection of the fine for negligence shall be prescribed by the Ordinance of Education, Science and Technology.

ADDENDA (Organization of Office of Ministry of Education, Science and Technology and Its Subordinate Agencies)

Article 1 (Enforcement Date)

This Decree shall enter into enforcement on the date of its promulgation. Articles 2 through 6 Omitted.

Article 7 (Amendment of Other Laws and Regulations) (1) through <57> Omitted.

<58> Part of the Enforcement Decree of the Act on the Prevention of and Compensation for Accidents at School shall be amended as follows:

The term "member who is Vice-Minister of Education and Human Resources Development, and the Ministry of Education and Human Resources Development" in Article 4 (5) shall be changed to "member who is the Vice-Minister of Education, Science and Technology, and the Ministry of Education, Science and Technology", The term "Minister of Education and Human Resources Development" in Article 5 (2), the part other than each subparagraph of Article 11 (1), and Article 13 shall be changed to "Minister of Education, Science and Technology" respectively. The term "Ordinance of the Ministry of Education and Human Resources Development" in Article 34 (5) shall be changed to "Ordinance of the Ministry of Education, Science and Technology".

<59> through <102> Omitted.