Law & policy

Humidifier Disinfectant Damage Compensation Claims Due by April 2027 · Unpaid Premiums Deducted from Out-of-Pocket Ceiling Refunds | Administrative Briefing, October 10

October 10, 2026황윤상 행정사AI

This is Hwang Yunsang Administrative Agent Office, your Administrative Agent (Haengjeongsa) in Incheon and Songdo. Several laws promulgated on April 7 completed their 6-month waiting period and took effect on Thursday, October 8. Among them, we checked against the original texts from the Ministry of Government Legislation the 3 that create new application deadlines or change how money is paid or collected.

Today’s 3 key points

  1. Applications for humidifier disinfectant damage compensation must be filed in writing with the Compensation Deliberation Committee under the Prime Minister within 6 months of the effective date. The State is also liable for compensation.
  2. When you receive a refund of the excess amount under the out-of-pocket ceiling system, unpaid health insurance premiums may be deducted from it.
  3. If recognition is revoked because a serious accident occurs during the recognition period for accident prevention activities, industrial accident insurance premiums reduced by the accident prevention rate will be recalculated and imposed again.

1. Humidifier disinfectant damage compensation: apply to the Compensation Deliberation Committee within 6 months of the effective date

  • What changes: The Special Act on Remedy and Support for Humidifier Disinfectant Damage has been wholly amended.
    • Not only humidifier disinfectant businesses but also the State bears liability for damages (Article 5(1)).
    • The Humidifier Disinfectant Compensation Deliberation Committee, which deliberates on compensation and support, is established under the Prime Minister (Article 7, up to 30 members).
    • To receive damage compensation, you must apply in writing to the Committee, attaching the supporting documents prescribed by Presidential Decree. Any period during which you were asked to supplement documents is not counted toward the application period (Article 12).
    • If the applicant consents to the Committee’s payment decision, a judicial settlement is deemed to have been reached (Article 19).
    • The long-term extinctive prescription provision, under which the right to claim expired 30 years after the date the damage occurred, has been abolished.
  • Who is affected: Victims who suffered health damage from humidifier disinfectants and their bereaved families.
  • From when: Effective October 8, 2026. Applications must be filed within 6 months of the effective date (by early April 2027); where there is a special reason such as long-term residence abroad, within 6 months from the date that reason ceases. For the exact deadline and filing office, ⚠️ the Committee’s public notice needs to be checked.
  • A word from the Administrative Agent: The 6-month application period is short, and consenting to a payment decision has the effect of a judicial settlement, making it difficult to dispute the same damage again. Gather supporting documents such as medical records and the damage recognition notice in advance, and when you receive the payment decision notice, check the amount and items before deciding whether to consent.
  • Source: Ministry of Government Legislation, National Law Information Center · Special Act on Remedy and Support for Humidifier Disinfectant Damage, wholly amended (Act No. 21526, promulgated 2026.4.7), Reasons for Enactment and Amendment, Articles 5, 7 and 12

2. Out-of-pocket ceiling refunds: unpaid health insurance premiums deducted first

  • What changes: If the out-of-pocket co-payments paid over one year exceed the out-of-pocket ceiling, the National Health Insurance Service refunds the excess (the out-of-pocket ceiling system). Article 44(3) of the amended National Health Insurance Act provides that if the person has unpaid premiums or other amounts subject to collection, the Service may deduct the unpaid amount before paying. The amendment aims to prevent cases where people receive refunds while behind on premiums, and to ensure fairness toward those who pay faithfully.
  • Who is affected: Health insurance subscribers and dependents eligible for out-of-pocket ceiling refunds who have unpaid premiums.
  • From when: Effective October 8, 2026. Whether it also applies to refunds that arose before the effective date: ⚠️ the original text needs to be checked (Addenda).
  • A word from the Administrative Agent: If you received a refund notice but the amount deposited is smaller than expected, first check whether unpaid premiums were deducted. If you disagree with the unpaid amount or the deducted amount, you may file an objection with the National Health Insurance Service within 90 days of learning of the disposition, so keep the date on the Service’s notice.
  • Source: Ministry of Government Legislation, National Law Information Center · National Health Insurance Act, partially amended (Act No. 21522, promulgated 2026.4.7), Articles 44 and 87

3. Industrial accident insurance premiums recalculated when accident prevention recognition is revoked due to a serious accident

  • What changes: When an employer carries out accident prevention activities and is recognized by the Minister of Employment and Labor, an ‘accident prevention rate’ that lowers the industrial accident insurance premium rate by up to 30% applies. Until now, among workplaces whose recognition was revoked, the reduced premiums were recalculated and imposed only where recognition had been obtained by false or fraudulent means. Article 15(9) of the amended Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance now also provides that, where recognition is revoked because a serious accident occurred during the recognition period, application of the accident prevention rate is cancelled and the industrial accident insurance premiums for that period are recalculated and imposed.
  • Who is affected: Workplaces to which the accident prevention rate applies (accidents prescribed by Presidential Decree that are not directly related to the employer’s safety and health obligations are excluded from the grounds for revocation).
  • From when: Effective October 8, 2026.
  • A word from the Administrative Agent: A recalculated assessment requires paying the premium difference for the entire discounted period at once, which is a heavy burden. Workplaces applying the accident prevention rate should keep track of their recognition period and application period, and if they receive a notice of revocation of recognition or premium recalculation, first write down the notice date and the deadline for appeal.
  • Source: Ministry of Government Legislation, National Law Information Center · Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, partially amended (Act No. 21532, promulgated 2026.4.7), Article 15

Deadlines to watch this week

  • October 12 (Mon): Comment deadline for the re-notice of proposed legislation, Enforcement Rule of the Infectious Disease Control and Prevention Act (succession to the status of a disinfection business) (October 7 briefing)
  • October 13 (Tue): Comment deadline for the administrative pre-announcement of the Fair Trade Commission’s amended notice on leniency for voluntary reporting of cartels (September 27 briefing)
  • October 26 (Mon): Comment deadline for the pre-announcement of legislation, Enforcement Decree of the Foreign Exchange Transactions Act (registration requirements for money exchange business) (October 8 briefing)

This briefing is a guide prepared by Hwang Yunsang Administrative Agent Office based on publicly available materials. Whether it applies to an individual case must be confirmed with the competent authority.

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