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Enforcement Decree of the Labor Standards Act — Article 48 (Scope of Survivors)

근로기준법 시행령 제48조

This English translation is based on the Korean text effective 2021-11-19. The Korean law has since been amended (current version effective 2025-10-23) — check the Korean original.

(1) The scope of surviving family members under Article 82 (2) of the Act shall be as follows. In such cases, the priority for compensation among survivors shall be according to the order in the following subparagraphs, but the priority of members falling under the same subparagraph shall be given in the order as listed hereunder: <Amended on Jun. 25, 2008>

1. Spouse (including de facto spouse not by law), children, parents, grandchildren, and grandparents who were dependent upon the employee at the time of his or her death;

2. Spouse, children, parents, grandchildren, and grandparents who were not dependent upon the dead employee;

3. Siblings who were dependent upon the dead employee;

4. Siblings who were not dependent upon the dead employee.

(2) In determining the priority of surviving family members, adoptive parents shall take precedence over biological parents, adoptive grandparents shall take precedence over biological grandparents, yet adoptive parents of parents shall take precedence over biological grandparents of parents.

(3) Notwithstanding paragraphs (1) and (2), a specific person designated, if any, among surviving family members under paragraph (1) in the employee's will or by a pre-arrangement with the employer shall take precedence over others.

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