Who may claim medical benefits or a pneumoconiosis compensation pension, and what must accompany that claim to the Welfare Corporation?
General information · Not legal advice
Material to check
In practice material of this kind, we read the papers showing the worker's dust-work employment, past or present, such as job records or exposure papers, the medical papers naming pneumoconiosis as the occupational disease, and the claim form and attachments sent to the Korea Workers' Compensation and Welfare Service.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows paragraph ① closely: a worker who is engaged in, or has been engaged in, dust work may claim medical benefits or a pneumoconiosis compensation pension where pneumoconiosis is the occupational disease, by applying to the Welfare Corporation with the documents prescribed by an ordinance of the Ministry of Employment and Labor attached.
Another reading notes that the provision names the required documents only by reference to what a Ministry of Employment and Labor ordinance prescribes, so the provision itself does not fix which papers a claim must carry, and the scope of the required documents is left open to that ordinance.
Your judgment
How could a practice file show that the worker was engaged in dust work and that pneumoconiosis was contracted through that work?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if paragraph ① is amended to change who may claim or which documents must be attached, or if the Ministry ordinance is revised to alter the list of required papers.