Compensation for infectious disease control facilities
Compensation for loss of control facilities
- The Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall pay compensation to a person suffering from any of the following losses, according to the results of deliberation and resolution by the relevant Compensation Deliberation Committee established under Article 70-2 (Article 70 paragraph 1 of the “Infectious Disease Control and Prevention Act”):
· Loss resulting from the designation of an infectious disease control institution under Article 36 of the Infectious Disease Control and Prevention Act;
· Loss resulting from the establishment and operation of an isolation ward, etc. under Article 37 of the Infectious Disease Control and Prevention Act;
· Losses incurred from installing and operating isolation facilities forpersons suspected to be infected with infectious diseases under Article 39-3 ofthe Infectious Disease Control and Prevention Act
· Loss suffered by a medical institution who has given medical treatment to patients with an infectious disease, patients suspected of an infectious disease, etc. in accordance with any measure taken under the Infectious Disease Control and Prevention Act;
· Loss suffered by a medical institution due to its closure, suspension of business, etc. under the Infectious Disease Control and Prevention Act;
- Any person seeking compensation for losses must file a claim for compensation for losses with the Minister of Health and Welfare, the relevant Special Self-Governing Province Governor, the relevant Special Self-Governing City Mayor, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu, by appending relevant documents to the written claim for compensation for losses (Article 70 paragraph 2 of the “Infectious Disease Control and Prevention Act” and annexed Form No. 31 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
- In determining the amount of compensation, if the person who has suffered a loss caused or expanded the loss by violation of obligation to take measures as provided for in the “Infectious Disease Control and Prevention Act” or applicable statutes, the relevant compensation may not be paid or the amount may be reduced, and the types of misconduct for which compensation for the loss may not be paid or curtailed are as follows (Article 70 paragraph 3 of the “Infectious Disease Control and Prevention Act” and Article 28-2 paragraph 1 of the “Enforcement Decree of the Infectious Disease Control and Prevention Act”).
· Neglecting or interfering with notification and reporting or making such notice or report falsely;
· Neglecting the duty to report or interference with reporting of persons obliged to notify prescribed in the subparagraphs of paragraph (1) of the same Article;
· Engaging in misconduct in conducting an epidemiological investigation;
· Failure in installing infectious disease control facilities;
· Breaching the duty to render cooperation;
· Violating directions and orders;
· Violating the duties to make measures the Minister of Health and Welfare publicly announces in recognition that such duties are particularly important among statutory duties to take measures.
Buildings contaminated by pathogens of an infectious disease
Compensation for the loss suffered by buildings contaminated by pathogens of an infectious disease
- The Minister of Health and Welfare, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall pay compensation to a person suffering from any of the following losses, according to the results of deliberation and resolution by the relevant Compensation Deliberation Committee established under Article 70-2 (Article 70 paragraph 1 of the “Infectious Disease Control and Prevention Act”):
· Loss resulting from the designation of an infectious disease control institution or the establishment and operation of an isolation ward, etc. under Articles 36 and 37 of the “Infectious Disease Control and Prevention Act”;
· Loss suffered by a medical institution who has given medical treatment to patients with an infectious disease, patients suspected of an infectious disease, etc. in accordance with any measure taken under the “Infectious Disease Control and Prevention Act”;
· Loss suffered by a medical institution due to its closure, suspension of business, etc. under the “Infectious Disease Control and Prevention Act”;
· Loss arising from prohibiting the acts of using, receiving, moving, throwing away, or cleaning things infected or suspected of being infected by the pathogen of an infectious disease, or burning up or disposing of such things (Article 47 subparagraph 4 of the “Infectious Disease Control and Prevention Act”);
· Losses suffered due to disinfectioning polluted or possibly polluted places or facilities or taking other required measures according to orders (Article 49, Paragraph 1, Subparagraph 13 of the “Infectious Disease Control and Prevention Act”).
· Loss arising from the disinfection of, or other necessary measures against, places infected by the pathogen of an infectious disease (Article 47 subparagraph 5 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the disinfection or other necessary measures for, places where patients, etc. with an infectious disease occurred, or places suspected of being infected by the pathogen of an infectious disease, in accordance with the direction of a medical doctor, oriental medical doctor, or relevant public official (Article 48 paragraph 1 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the order of the prohibition of the sale or receipt of food that exposes the risk of transmitting infectious diseases, or the discarding of such food or other necessary disposal (Article 49 paragraph 1 subparagraph 4 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the order of the restriction or prohibition of the possession and transfer of articles which may transmit infectious diseases, or the destruction, incineration, or other necessary disposal of such articles (Article 49 paragraph 1 subparagraph 6 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the order of the assignment of medical doctors at any means of transportation, such as ships, aircraft, and trains, places of business, or other public places, or to order the installation of facilities necessary for the prevention of infectious diseases at such places (Article 49 pa 1 subparagraph 7 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the order of the disinfection of, or other necessary measures for, facilities or places related to public sanitation, or the prohibition of the installation, remodeling, alteration, disuse, or use of waterworks, sewers, wells, garbage dumps, and lavatories (Article 49 paragraph 1 subparagraph 8 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the order of the extermination of, or the installation of exterminating facilities for, rodents, vermin, or other animals transmitting infectious diseases (Article 49 paragraph 1 subparagraph 9 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the restriction or prohibition of fishing or swimming at a specified place of water, or the use of a specified well (Article 49 paragraph 1 subparagraph 10 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from the mobilization of medical persons, medical practitioners, and other necessary medical personnel during a period of a rampant infectious disease (Article 49 paragraph 1 subparagraph 12 of the “Infectious Disease Control and Prevention Act”);
· Loss arising from mobilization of hospital beds, facilities such as training centers and lodging facilities, etc. during a period of a rampant infectious disease (Subparagraph 12-2 of Article 49(1) of the Infectious Disease Control and Prevention Act)
· Loss arising from the order of the disinfection of, or other necessary measures for, buildings infected by the pathogens of infectious diseases (Subparagraph 13 of Article 49(1) of the Infectious Disease Control and Prevention Act);
· Loss equivalent to any loss specified above, which is suffered by a health care institution defined in Article 42 of the National Health Insurance Act due to the occurrence or visitation of a patient, etc. with an infectious disease, or due to the disclosure thereof by the Commissioner of the Korea Disease Control and Prevention Agency, the Special Self-Governing Province Governor, the Special Self-Governing City Mayor, a Mayor/Do Governor, or the head of a Si/Gun/Gu, and the compensation for which is deliberated and resolved by the relevant Compensation Deliberation Committee established under Article 70-2 of the Infectious Disease Control and Prevention Act.
- Any building owner seeking compensation for losses must file a claim for compensation for losses with the Minister of Health and Welfare, the relevant Special Self-Governing Province Governor, the relevant Special Self-Governing City Mayor, the relevant Mayor/Do Governor, or the head of the relevant Si/Gun/Gu, by appending relevant documents to the written claim for compensation for losses (Article 70 paragraph 2 of the “Infectious Disease Control and Prevention Act”, Article 28 paragraph 2 of the “Enforcement Decree of the Infectious Disease Control and Prevention Act” and annexed Form No. 31 of the “Enforcement Rule of the Infectious Disease Control and Prevention Act”).
- In determining the amount of compensation, if the person who has suffered a loss caused or expanded the loss by violation of the obligation to take measures as provided for in the “Infectious Disease Control and Prevention Act” or applicable statutes, the relevant compensation may not paid or the amount may be reduced, and the types of misconduct for which compensation for the loss may not be paid or curtailed are as follows (Article 70 paragraph 3 of the “Infectious Disease Control and Prevention Act”).