Compensation for Humidifier Disinfectant Victims to Shift to Joint Liability by Government and Businesses
To Be Implemented Starting October 8
Establishing Criteria for Compensation Including Treatment Costs
Starting from October 8, the compensation system for victims of humidifier disinfectant damage will shift from an administrative relief system centering on business responsibility to a compensation scheme in which both the government and businesses share joint liability. Victims will be able to receive compensation for treatment costs, nursing care expenses, compensation for loss of work, disability and survivor benefits, funeral expenses, and damages for emotional distress. Furthermore, if continued medical care is required even after receiving compensation, ongoing treatment costs may also be covered.
The Ministry of Climate, Energy and Environment announced on September 22 that the “Comprehensive Amendment to the Enforcement Decree of the Special Act on Relief and Support for Victims of Humidifier Disinfectant” had been approved during the Cabinet meeting that day. The revised Enforcement Decree will be implemented starting October 8. This amendment further outlines the mandates delegated by the Special Act that was fully revised in April, serving as a follow-up measure to establish a joint compensation scheme where both the government and businesses are held liable.
According to the amended Enforcement Decree, compensation will be determined for each specific category of damage related to health issues caused by humidifier disinfectants. Categories include treatment costs, nursing care expenses, compensation for loss of work, disability and survivor benefits, funeral expenses, and damages for emotional distress. The specific criteria for each type of compensation will be announced by the Minister of the Ministry of Climate, Energy and Environment upon the approval of the Humidifier Disinfectant Compensation Review Committee.
On the 31st, at Gwanghwamun Plaza in Jongno-gu, Seoul, the Citizens' Center for Environmental Health and families affected by the humidifier disinfectant disaster held a press conference marking the 9th anniversary of the humidifier disinfectant tragedy. Photo by Jinhyung Kang aymsdream@
View original imageEstablishing Standards for Compensation Items and Continued Medical Care Expenses... Specifying the Employer Contribution Calculation System
First, standards and procedures will be established to allow victims who require ongoing treatment even after compensation has been granted to receive continued medical care and nursing care expenses. The operational structure of the Humidifier Disinfectant Compensation Review Committee under the Prime Minister’s Office will also be detailed. This includes specifying the composition and responsibilities of the support team and the expert panels for assessment and re-examination, as well as clarifying the procedures and standards for applying, deciding, and paying compensation benefits.
Standards for calculating business owners' contributions will also be established to ensure stable funding for compensation payments. Business contributions will be determined with consideration given to government subsidies, and separate calculations will be set for raw material suppliers. The Enforcement Decree also includes procedures necessary for operating compensation agreements and collecting and imposing business contributions. The support system for victims is also made more concrete. The Korea Environmental Industry and Technology Institute and the National Institute of Environmental Research, among others, will be designated and operated as victim management centers, and provisions regarding support such as designated admissions for secondary and high school students and university tuition aid are also included.
In preparation for the law’s enforcement on October 8, the ministry is developing a system for submitting and receiving compensation claims. Led by the Compensation Preparation Support Team under the Office for Government Policy Coordination, the ministry will also prepare the composition and operation of the Compensation Review Committee, support the compensation review process, and promote cooperation with relevant ministries and agencies.
Guidance and counseling regarding system changes and application procedures will continue to be provided to current victims and other affected individuals. Based on the opinions of victims and the results of research to establish a compensation support system that began in July, the ministry will prepare detailed standards for compensation, gather additional feedback, and, after the law is enforced, make the standards public through the review and resolution of the Compensation Review Committee.
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The ministry plans to conduct follow-up procedures such as calculating the compensation fund estimates and imposing and collecting employer contributions according to the detailed compensation standards—ensuring seamless operation of the compensation process from application, to review, to payment. Minister Kim Seonghwan stated, “This Enforcement Decree amendment provides a concrete institutional basis for establishing a compensation system in which both the government and businesses share responsibility for damages caused by humidifier disinfectants.”
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