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Laws of the Republic of Korea |
1
ENFORCEMENT RULES OF THE ACT ON THE INDEMNIFICATION OF FIRE-CAUSED LOSS AND THE PURCHASE OF INSURANCE POLICIES
Ordinance of the Ministry of Finance No. 956, Jun. 6, 1973 Amended by Ordinance of the Ministry of Finance No. 998, Jan. 10, 1974 Ordinance of the Ministry of Finance No. 1100, Apr. 25, 1975 Ordinance of the Ministry of Finance No. 1248, Mar. 30, 1977 Ordinance of the Ministry of Finance No. 1590, Dec. 15, 1983 Ordinance of the Ministry of Finance No. 1862, Oct. 21, 1991 Ordinance of the Prime Minister No. 645, Jul. 10, 1997 Ordinance of the Ministry of Finance and Economy No. 16, Apr. 21, 1998 Ordinance of the Prime Minister No. 875, Mar. 3, 2008 Article 1 (Purpose)
The purpose of this Rule is to provide for detailed matters necessary for
the enforcement of the Act on the Indemnification of Fire-Caused
Loss
and the Purchase of Insurance Policies (hereinafter referred to as the "Act").
Article 1-2 Deleted.
(1) The actual damage under Article 5 (1) 1 of the Decree shall be the
amount calculated by multiplying the monthly wages, actual
monthly wages
or average wages that a victim has received at the time of his/her death
from an accident fire caused by of his employable
period in the future and
aggregating the funeral expenses amount to 100 days of men's average
wages.
an accident fire caused by.
1. In cases where an appraisal business operator under the Public Notice
of Values and Appraisal of Lands, etc. Act has conducted
the appraisal
and assessment on a special building during the last one year, the
market price of such building shall be the value
shown on the appraisal
certificate;
2. In cases where the owner of a special building is a listed corporation
under the Securities and Exchange Act, the market price
of such building
shall be the book value or balance sheet value; or
3. Deleted. 1. Value of a newly constructed building: The amount calculated by using
the most recent construction cost index of the specialized
appraisal
institution the Government invested;
2. Reinstatement value of machinery and equipment: The transaction
prices of machinery and equipment of identical or similar type,
purpose
of use, manufacturing company, form and capability to those of the
relevant machinery and equipment; or
3. Amount of depreciation of a building and machinery and equipment:
The amount calculated by multiplying the value falling under
either
of the following items by the depreciation rate based on the insurance
value and appraisal standards of losses determined
by the General
Insurance Association of Korea, established under Article 198 of the
Insurance Business Act:
(a) In cases of a building and subsidiary facilities, the value provided
for in subparagraph 1; or
(b) In cases of machinery and equipment, the value provided for in
ENFORCEMENT RULE OF THE ACT ON THE INDEMNIFICATION FOR
FIRE-CAUSED
LOSS AND THE PURCHASE OF INSURANCE POLICIES
3
subparagraph 2.
(3) In determining the market value of a special building pursuant to
paragraph (2), the determined market value of such building
may be
increased or decreased by up to 20 percent with agreement between the
parties to the insurance contract.
(4) and (5) Deleted.
(3) The Association shall submit to the Financial Services Commission
a report on the total amount of membership fees to be obligatorily
contributed
by non-life insurance companies pursuant to paragraph (2) along with
its business plan.
[This Article Wholly Amended by Ordinance of the Ministry of Finance No. 1590, Dec.
15, 1983]
Article 4 (Time of Contribution)
(1) The membership fees under Article 10 (1) of the Decree shall be
contributed quarterly by not later than 10 days from the last
day of the
ENFORCEMENT RULE OF THE ACT ON THE INDEMNIFICATION FOR
FIRE-CAUSED LOSS AND THE PURCHASE OF INSURANCE POLICIES
4
relevant quarter.
(2) The membership fees under Article 10 (2) of the Decree shall be
contributed monthly by not later than 10 days from the relevant
month.
ADDENDUM
These Rules shall enter into force on the date of their promulgation.
ADDENDUM
ADDENDA
Loss and the Purchase of Insurance Policies.
(2) (Applicability to Contribution of Membership Fees) The amended
provisions of Article 3 (2) shall apply, starting with the portion
contributed
for the month following the month in which the enforcement date of these
Rules are included.
(3) (Applicability to Payment of Amount of Insurance) The amended provisions
of Article 2-2 shall apply to the amount of insurance
that covers accident
occurring on or after the date when these Rules enter into force.
ADDENDUM
Thess Rules shall enter into force on the date of their promulgation.
Articles 2 through 5 Omitted.
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URL: http://www.asianlii.org/kr/legis/laws/erotaotifflatpoip917