Types of Occupational Diseases
Types of occupational diseases (Subparagraph 2 of Article 37 (1) of the Industrial Accident Compensation Insurance Act).
- Vocational diseases: Any disease caused by handling or being exposed to any physical agent, chemical substance, dust, pathogen, work imposing a burden on the worker's body, or any other agent causing trouble to their health while performing their duties
- Diseases by injuries: Any disease caused by an occupational injury
- Diseases attributable to mental stress at workplace caused by workplace harassment, verbal abuse by customers, and other causes
- Any other disease caused in connection with their duties
A causal relationship between a vocational disease/a disease by an injury and the duties
- Most of workers suffering from a vocational disease or a disease by an injury caused by an occupational reason have difficulties in proving a causal relationship between the disease and their duties due to lack of medical and scientific knowledge. In order to ease their difficulties in proving a causal relationship, any disease falling under any of the standards for recognition of occupational accidents pursuant to Article 34 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act is deemed to have a causal relationship between the disease and the duties and recognized as an occupational disease.
Standards for Recognition of Occupational Diseases
Standards for recognition of vocational diseases
- If a worker suffers from a disease included in the scope of occupational diseases as provided in Attached Table 5 of the Enforcement(including cases where a pregnant worker suffers from a miscarriage, stillbirth, or premature childbirth) Decree of the Labor Standards Act and meets each of the following conditions, the disease shall be deemed an occupational disease (a vocational disease) (Article 37 (5) of the Industrial Accident Compensation Insurance Act and Article 34 (1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act):
· The worker has ever handled or been exposed to harmful or hazardous elements while performing their duties;
· The disease is deemed capable of arising in light of the hours of work for which the worker has handled or been exposed to harmful or hazardous elements, the period of engaging in such work, work environments, etc.;
· The fact that the worker's exposure to or handling of harmful or hazardous elements has caused the disease shall be medically recognized.
Standards for recognition of diseases by injuries
- If a disease developed in a worker suffering from an occupational injury meets each of the following conditions, the disease shall be deemed an occupational disease (a disease by an injury) (Article 37 (5) of the Industrial Accident Compensation Insurance Act and Article 34 (2) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act):
· The causal relationship between the occupational injury and the disease shall be medically recognized;
· The underlying illness or existing disease shall not be a naturally occurring symptom.
※ The term "underlying illness" means a medical condition that has been preexisting before the current disease and has been the basis for such disease. The term "existing disease" means a disease that has been already treated completely, or has been treated enough and does not require medical care anymore (Page 189 of Special Theory of Labor and Occupational Accident-Related Lawsuits, Judicial Research & Training Institute).
Specific criteria for recognition of occupational diseases
- The specific criteria for the recognition of occupational diseases are as set out in Attached Table 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act and the types of the relevant diseases are as follows (Article 37 (5) of the Industrial Accident Compensation Insurance Act and Article 34 (3) and Attached Table 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act):
· Cerebrovascular diseases or heart diseases;
· Musculoskeletal disorders;
· Respiratory diseases;
· Neuropsychiatric diseases;
· Lymphatic and hematopoietic diseases;
· Skin diseases;
· Eye or ear diseases;
· Liver diseases;
· Infectious diseases;
· Occupational cancer;
· Diseases caused by chemical factors such as acute poisoning, etc.;
· Diseases caused by physical factors;
· Any other disease whose proximate causal relationship with the duties of a worker is recognized.
Deliberation on Recognition of Occupational Diseases
Deliberation on recognition of occupational diseases by the Adjudication Committee
- In order to deliberate on the recognition of an occupational disease, the Korea Workers' Compensation & Welfare Service has an Occupational Disease Adjudication Committee (hereinafter referred to as the "Adjudication Committee") in a branch office belonging to the Service (Article 38 (1) of the Industrial Accident Compensation Insurance Act).
- When deciding whether to recognize a worker's occupational disease or death caused by an occupational disease, the Korea Workers' Compensation & Welfare Service shall take into account the worker's sex, age, health, physical constitution, etc. (Article 37 (5) of the Industrial Accident Compensation Insurance Act and Article 34 (4) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act)
Diseases excluded from deliberation by the Adjudication Committee
- Any of the following diseases shall be excluded from the deliberation by the Adjudication Committee (Article 38 (2) of the Industrial Accident Compensation Insurance Act and Article 7 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act):
· Pneumoconiosis;
· Carbon disulfide poisoning;
· Diseases such as acute poisoning, such findings, etc. caused by temporary exposure to a large amount of harmful or hazardous elements;
· Diseases determined to be highly related to an occupational accident as a result of a medical examination implemented to determine whether an accident is an occupational accident pursuant to subparagraph 3 of Article 117(1) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act
· Diseases acknowledged as being highly related to an occupational accident according to advice from the Korea Occupational Safety and Health Agency or other institutions qualified to determine occupational disease pursuant to Article 22 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act
· Any other disease whose proximate causal relationship with the duties is clear, prescribed by the Korea Workers' Compensation & Welfare Service.
Deliberation procedures by the Adjudication Committee
- Once insurance benefits for any disease requiring deliberation by the Adjudication Committee are applied or claimed, the head of a branch office of the Korea Workers' Compensation & Welfare Service shall request for a deliberation to determine whether to recognize the disease as an occupational disease or not, to the Adjudication Committee (Article 38 (2) of the Industrial Accident Compensation Insurance Act and Article 8 (1) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act).
- The Adjudication Committee shall deliberate on whether to recognize the disease as an occupational disease or not and inform the head of the branch office of the Korea Workers' Compensation & Welfare Service, who requests for a deliberation, of the result within 20 days after it receives a request (Article 38 (2) of the Industrial Accident Compensation Insurance Act and the main sentence of Article 8 (2) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act).
※ In case the Adjudication Committee is incapable of completing the deliberation within such period due to extenuating circumstances, such period may be extended only once within the limit of 10 days (Article 38 (2) of the Industrial Accident Compensation Insurance Act and the proviso to Article 8 (2) of the Enforcement Rule of the Industrial Accident Compensation Insurance Act).