I. Legal Basis

• 2015 Law on Occupational Safety and Hygiene.
• 2014 Law on Social Insurance.

II. Definition of Occupational Accidents

An occupational accident is an incident that causes injury to any part or function of the body, or results in the death of an employee, occurring during the course of work and directly related to the performance of work tasks or duties.

III. Subjects Eligible for Occupational Accident Benefits

The following individuals are subject to occupational accident and occupational disease benefits under the current laws:

• Employees working under:
  • Indefinite-term labor contracts,
  • Definite-term labor contracts,
  • Seasonal contracts or contracts for specific jobs lasting from 3 months to under 12 months, including contracts signed between the employer and the legal representative of workers under 15 years old as per labor laws.
• Employees working under written labor contracts lasting from 1 month to under 3 months.
• Officials, public employees, and civil servants.
• Workers in the police, military forces, or individuals working in government cryptographic organizations.
• Professional soldiers in the Vietnam People’s Army, officers, non-commissioned officers, etc.
• Individuals serving police or military forces on a fixed term, those working in cryptographic organizations and receiving salaries equivalent to military personnel.
• Trainees or students attending police or military schools.
• Enterprise or cooperative managers who receive salaries.

IV. Conditions for Receiving Occupational Accident Benefits

Employees are entitled to occupational accident benefits if they meet the following conditions:

• The accident occurred in one of the following cases:
  • At the workplace and during working hours, including while attending to personal needs permitted by the Labor Code and internal regulations of the production or business facility. These activities include breaks, mid-shift meals, health-related hygiene, bathing, breastfeeding, or restroom use.
  • Outside the workplace or working hours when performing work as requested by the employer or an authorized representative managing the employee.
  • On the route between the employee’s residence and workplace or vice versa, provided the time and route are reasonable.
• The employee suffers a work capacity reduction of 5% or more due to the accident occurring in one of the aforementioned cases.

V. Timing for Receiving Occupational Accident or Occupational Disease Benefits

Employees can receive a one-time allowance or a monthly allowance at the following points:

• From the month the employee completes treatment and is discharged from the hospital (for inpatient treatment) or from the month a medical assessment is concluded (for non-inpatient cases).
• If the completion of treatment or discharge date cannot be determined, benefits will be calculated from the month the medical council issues its conclusion.
• For employees with occupational diseases or occupational accidents resulting in HIV/AIDS infection, benefits will be calculated from the month the certificate of HIV/AIDS infection is issued.

VI. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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