When Your Boss Says "Let's Not Use Sanjae, Let's Settle It Privately": You Can Apply for Sanjae Yourself

When does this apply to you?

• You got hurt at work, and your boss says, "Sanjae will cause trouble for the company" or "I will pay your hospital bill."
• Your boss tells you, "Don't tell the hospital you got hurt at work."
• Your boss pays only part of your medical costs and asks you to sign a paper that says "this is the end."
• Your boss does not pay you while you rest after the injury.

Gongsang processing is not always illegal. Injuries that heal within 3 days are not covered by the sanjae medical care benefit (Industrial Accident Compensation Insurance Act Article 40(3)). In that case, the rule is that the company pays. The problem is when the injury needs more than 3 days of treatment, and the boss still blocks the sanjae application or hides the facts.

These actions by your boss break the law

Action	Legal basis	Punishment
Hiding a work injury, or telling others to hide it, or helping to hide it	Occupational Safety and Health Act Article 57(1), Article 170	Up to 1 year in prison or a fine of up to 10 million won
Not reporting to 노동청 (regional labor office) within 1 month when a worker dies or has an injury that needs 3 or more days off work	Same Act Article 57(3), Enforcement Rule Article 73, Article 175	Administrative fine of up to 15 million won
Firing you or treating you unfairly because you applied for sanjae	Industrial Accident Compensation Insurance Act Article 111-2, Article 127	Up to 2 years in prison or a fine of up to 20 million won

What you can lose if you settle with gongsang

• Sick leave benefit (휴업급여): For each day you cannot work because of treatment, you get 70% of your average daily wage (Article 52). People with low wages may get a higher rate. If the amount is less than the minimum wage, you get the minimum wage amount (Article 54). With gongsang, you often get no promise of this money.
• Disability benefit (장해급여): You get this if your body still has a lasting injury after treatment ends.
• Re-treatment (재요양): If the same injury hurts again later, you can get treatment again under sanjae. Gongsang has no such protection.
• Record: A sanjae approval record is also proof later, when you ask for advice about changing workplaces or about your stay in Korea.

Steps

1. Get treatment first. At the hospital, say, "I got hurt at work." This must be written in your medical record.
2. Keep evidence. Save photos of the injury, the place, and the machine, and save your coworkers' phone numbers. Do not delete text messages or KakaoTalk messages where your boss suggested gongsang.
3. Submit the medical care benefit application form (요양급여신청서). Get a doctor's opinion letter (소견서) from the hospital and submit it together. You can submit it in person, by mail, or by fax to the 근로복지공단 branch office that covers your workplace. You can also get advice or apply through 근로복지공단 Total Service (the agency's online service).
4. You can also ask the hospital to apply for you. A sanjae-designated hospital can apply for you if you agree. At the hospital office (원무과, admin desk), say, "I want to register this as sanjae."
5. Wait for the decision. As a rule, the agency decides within 7 days from the day it receives your application. If an investigation or review is needed, that time is not counted, so it may take longer.
6. The agency hears your boss's opinion. The agency tells the employer about your application and hears their opinion. Even if your boss is against it, the agency investigates and makes the decision.

For more details on how to apply, see How to apply for sanjae when you get hurt at work.

What to bring

• 외국인등록증 (Alien Registration Card), passport, bank account in your own name
• Hospital diagnosis (진단서) and doctor's opinion letter (소견서), receipts
• Photos of the accident, coworkers' phone numbers
• Messages between you and your boss (gongsang offer, records of medical money sent to you)
• A copy of any settlement agreement you already signed

Things to be careful about

• You can apply for sanjae even if you already got gongsang money. But money you got from the company for the same reason may be taken out of your sanjae insurance benefits (Article 80(3), Article 89). Write down the amount and the date you got it.
• There is a deadline to claim. You cannot get medical care benefit or sick leave benefit after 3 years, or disability benefit after 5 years (Article 112).
• Do not rush to sign a settlement agreement that says "I will not claim anything in the future." Before signing, call 1588-0075 or 1350 for advice first.
• You can apply even after you quit the company. Your right to receive insurance benefits does not end when you leave the job (Article 88(1)).
• Even if your boss tells you to tell the hospital "I got hurt on my own time," tell the truth.
• If you are worried about your stay period during treatment, see the article Staying in Korea during sanjae treatment (G-1).

Frequently asked questions

Q. My boss says, "If you apply for sanjae, there will be no next contract renewal." A. Treating you unfairly because you applied for sanjae is banned and can be punished (Industrial Accident Compensation Insurance Act Article 111-2). If you heard this, write down the date and what was said. If it was a text message, save it. You can get advice at 1350 or 1577-0071.

Q. I got a small cut on my finger. Do I need to use sanjae for this too? A. Injuries that heal within 3 days are not covered by the sanjae medical care benefit. In that case, the rule is that the company pays the medical costs. But if you need more than 3 days of treatment or time off work, you can apply for sanjae.

Q. I got medical money through gongsang, but now it hurts again. A. If you are still within the time limit, you can apply for sanjae. Money you got from the company may be taken out, so bring your receipts and records of money sent to you.

Q. If I apply, will my boss find out? A. Yes. The agency tells the employer about your application and hears their opinion. But you still do not need your boss's permission to apply.

Where to get help

Organization	Phone / website	What they help with
근로복지공단	1588-0075 / comwel.or.kr	Sanjae applications and benefit advice
고용노동부 (Ministry of Employment and Labor) Customer Counseling Center	1350	Advice about hidden work injuries and unfair treatment
외국인력상담센터 (Foreign Workforce Counseling Center)	1577-0071	Advice in many languages, including Nepali. 365 days, 09:00–18:00 (staff on duty on Saturdays and public holidays)
외국인종합안내센터 (Immigration Contact Center)	1345	3-way interpreting for calls with public offices. Nepali on weekdays 09:00–18:00
Emergency	119	When you are hurt