Compensation for damages caused by infectious diseases and extension of period
Compensation for damages caused by isolation and treatment
- Where each citizen is isolated and medically treated due to an infectious disease, he/she may be compensated for any damage caused by such isolation and medical treatment (Article 6 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
- Medical personnel, the heads of medical institutions, etc. prescribed in the “Medical Service Act”, have the right to be provided information on the medical treatment of patients with infectious diseases, and may be compensated for any damage caused by the diagnosis, treatment, etc., of patients with infectious diseases (Article 5 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
Extension of period
- Where applying for postponement of enlistment date is difficult due to contraction of an infectious disease under the “Infectious Disease Control and Prevention Act”, the director of a regional military manpower office may postpone ex officio a date for fulfillment of the duty until such reasons are resolved (Article 61 paragraph 3 subparagraph 2 of the “Military Service Act” and Article 129 paragraph 3 subparagraph 1 of the "Enforcement Decree of the Military Service Act”).
Support for patients with infectious diseases
Treatment and protection expenses
- The expenses arising from the treatment and protection of patients with infectious diseases under Article 4 paragraph 2 subparagraph 2 of the “Infectious Disease Control and Prevention Act” will be paid by the state (Article 67 subparagraph 1 of the “Infectious Disease Control and Prevention Act”).
Minimum security level
- The Special Self-Governing Province and the Si/Gun/Gu shall support the minimum security level for those who suffer difficulties in livelihood due to a traffic blockage or hospitalization for the prevention of spread of infectious diseases under Subparagraph 6 of Article 2 of the National Basic Living Security Act and the eligible persons are as follows (Subparagraph 6 of Article 64 and Subparagraphs 1 and 3 of Article 47 of the Infectious Disease Control and Prevention Act):
· Those who suffer difficulties in livelihood due to temporary closure, prohibition of entry of the general public, restriction on movement into the relevant places, and other measures for passage blocking against places where patients, etc. with an infectious disease are present or places deemed infected by the pathogen of an infectious disease.
· Those who suffer difficulties in livelihood due to hospitalization or quarantine of persons suspected of contracting an infectious disease at an appropriate place for a certain period.
- The Ministry of Health and Welfare Seoul Metropolitan City Mayor, Metropolitan City Mayor, Governor, Special Self-Governing Province Governor, or Si/Gun/Gu Head shall block some or all transportation in the jurisdiction to prevent infectious diseases. However, people facing hardships to make a living shall be supported with guaranteed minimum earnings under Article 2, Subparagraph 6 of the “National Basic Living Security Act,” and the city/province shall bear the expenses (Article 65, Subparagraph 6 of the “Infectious Disease Control and Prevention Act”).
Family care benefits
- Where any of the beneficiaries with the risk of infection as a patient with an infectious disease under the “Infectious Disease Control and Prevention Act” has received long-term care benefits equivalent to home visit care from his/her family member, etc., the NHIS may provide the beneficiary with a family care benefit in cash in accordance with Article 12 paragraph 2 subparagraph 1 of the “Enforcement Decree of the Long-Term Care Insurance Act” (Article 24 paragraph 1 subparagraph 3 of the “Long-Term Care Insurance Act”).
- The amount of the above family care benefit in cash will be determined and publicly notified by the Minister of Health and Welfare, after deliberation by the Long-Term Care Committee under Article 45 of the Long-Term Care Insurance Act, taking into consideration the level of use of benefit for home care service (Article 12 paragraph 1 of the “Enforcement Decree of the Long-Term Care Insurance Act”).
Medical care assistance
- Where one wishes to receive medical care assistance according to the standards announced by the Minister of Health and Welfare due to an urgent reason such as the spread of an infectious disease, he/she may apply for the medical care assistance to the secondary and tertiary medical care assistance agency under Article 9 paragraph 2 subparagraph 2 or 3 of the “Medical Care Assistance Act” (Article 3 paragraph 1 subparagraph 7 of the “Enforcement Rule of the Medical Care Assistance Act”).
Support for paid vacations and expenses
- Where an employee is hospitalized or isolated under the “Infectious Disease Control and Prevention Act”, the relevant employer may grant a paid leave during the period of such hospitalization or isolation, in addition to the paid leave provided for in Article 60 of the “Labor Standards Act” (entirety of Article 41-2 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
※ In such cases, if the cost of granting a paid leave is subsidized by the State, the employer shall provide the paid leave (latter part of Article 41-2 paragraph 1 of the “Infectious Disease Control and Prevention Act”).
- No employer is allowed to dismiss, or otherwise treat unfavorably, an employee on the reason of a paid leave and dismiss such employee during the period of the paid leave (main provision of Article 41-2 paragraph 2 of the “Infectious Disease Control and Prevention Act”).
※ However, this will not apply where the employer is unable to continue his/her business (proviso of Article 41-2 paragraph 2 of the “Infectious Disease Control and Prevention Act”).
- The State may subsidize the cost of granting a paid leave and the subsidies for paid leave provided to business owners will be in the amount calculated by multiplying the amount the Minister of Health and Welfare publicly announces in consultation with the Minister of Strategy and Finance by the period during which a laborer is hospitalized or isolated under statutes (Article 41-2 paragraph 3 and 4 of the “Infectious Disease Control and Prevention Act” and Article 23-3 paragraph 1 of the “Enforcement Decree of the Infectious Disease Control and Prevention Act”).
- A business owner who wishes to receive subsidies for his/her expenses as above must attach the following documents (including electronic documents) to the Application (including electronic documents) to submit them to the Minister of Health and Welfare (Article 23-3 paragraph 2 of the “Enforcement Decree of the Infectious Disease Control and Prevention Act” and Article 31-6 and annexed Form 21-2 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
· Application for subsidies for paid vacations;
· Documents demonstrating the hospitalization or isolation and the period of such hospitalization or isolation of the worker;
· Documents demonstrating the fact that the continuous employment of the worker such as a certificate of employment;
· Documents demonstrating the fact of granting paid vacations for the worker such as a statement of salary;
· Other documents deemed particularly necessary for the subsidies for paid vacations by the Minister of Health and Welfare.
- Where the Minister of Health and Welfare receives a written application as above, he/she shall determine the possibility of providing subsidies for paid leave and the amount of subsidies and inform the relevant business owner thereof in writing (Article 23-3 paragraph 4 of the “Enforcement Decree of the Infectious Disease Control and Prevention Act”).
Support of treatment and other expenses for foreigners
- The Commissioner of the Korea Disease Control and Prevention Agency may have foreigners who are infectious disease patients, etc. or suspected of contracting an infectious disease bear all or part of the following expenses, taking into consideration international customs or the principle of reciprocity (Main body of Article 69-2 of the Infectious Disease Control and Prevention Act).
· Treatment expense under Article 41 of the Infectious Disease Control and Prevention Act
· Expenses for investigation, medical diagnosis, treatment, hospitalization, and isolation under Article 42 of the Infectious Disease Control and Prevention Act
- However, treatment and other expenses for foreigners who are confirmed to be infected, in Korea, with an infectious disease shall be borne by the state (refer to the proviso to Article 69-2 of the Infectious Disease Control and Prevention Act).