国内政策【切换】 国际政策

South Korea-Labor law-ENFORCEMENT DECREE OF THE FRAMEWORK ACT ON LABOR WELFARE-Enforcement Date 31. Dec, 2019-Article 55-Article 63

Article 55 (Ensuring Anonymity for Confidentiality) The phrase “cases prescribed by Presidential Decree” referred to in Article 83 (2) of the Act means where the employees participating in the employee support program consent to the objects or consent of disclosure.

Article 55-2 (Contribution to Common Labor Welfare Fund) The phrase “property prescribed by Presidential Decree” referred to in Article 86-2 (2) of the Act means the following property:

1. Real estate necessary for performing the affairs of the common labor welfare fund corporation (hereinafter referred to as “common fund corporation”) under Article 86-3 of the Act;

2. Property provided for in the articles of incorporation of the common fund corporation.

[This Article Newly Inserted by Presidential Decree No. 26908, Jan. 19, 2016]

Article 55-3 (Support for Business Activities of Common Fund Corporation) (1) The Welfare Service may, in accordance with Article 86-5 of the Act, provide support within the scope of 100/100 of the amount contributed by business owners under Article 86-2 (1) and (2) of the Act to any of the following common fund corporations:   <Amended by Presidential Decree No. 30298, Dec. 31, 2019>

1. The common fund corporation established by a business owner of a small and medium enterprise (hereinafter referred to as “business owner of a small and midium enterprise”) under Article 2 of the Framework Act on Small and Medium Enterprises and a business owner of a large enterprise under subparagraph 2 of Article 2 of the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises;

2.A common fund corporation established by at least two business owners of small and medium enterprises.

(2) Where a common fund corporation under paragraph (1) 2 receives contributions from persons other than a business owner under Article 86-2 (2) of the Act, the Welfare Service may provide support within the scope of 100/100 of the amount.  <Newly Inserted by Presidential Decree No. 30298, Dec. 31, 2019>

(3) Matters necessary for the requirements for support, the scale of support and the period of support where providing support in accordance with paragraphs (1) and (2), shall be determined and publicly notified by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 30298, Dec. 31, 2019>

[This Article Newly Inserted by Presidential Decree No. 26908, Jan. 19, 2016]

Article 55-4 (Application Mutatis Mutandis)@Articles 30 through 44, 46 through 52, 63, and 64 shall apply mutatis mutandis to the common welfare fund. In such cases, “intra-company labor welfare fund corporation” shall be construed as “common labor welfare fund corporation,” “preparatory committee for the incorporation of the fund corporation” as “preparatory committee for the incorporation of the common fund corporation,” “Preparatory committee” as “preparatory committee for establishment,” “intra-company labor welfare fund” as “common labor welfare fund,” “fund corporation” as “common fund corporation,” “intra-company labor welfare fund council” as “ common welfare fund council,” “welfare fund council” as “common fund council,” “Article 55 (2) of the Act” as “Article 86-4 (2) of the Act,

[This Article Newly Inserted by Presidential Decree No. 26908, Jan. 19, 2016]

Article 56 (Other Revenues)Other revenues under Article 88 (1) 11 of the Act shall be the following:

1. Revenues accrued from the operation of the welfare facilities for employees established and operated by the State in accordance with Article 28 (1) of the Act, and the operation of labor welfare programs;

2. Other revenues recognized by the Minister of Employment and Labor.

Article 57 (Composition, etc. of Deliberative Committee on Labor Welfare Promotion Fund)(1) The Deliberative Committee for Operation of the Promotion Fund (hereinafter referred to as “Deliberative Committee”) shall be established in the Welfare Service, to deliberate on important affairs concerning the management and operation of the Promotion Fund under Article 90 of the Act.

(2) The Deliberative Committee shall be comprised of up to 15 members, including one Chairperson.

(3) The President of the Welfare Service shall serve as the Chairperson of the Deliberative Committee, and the members shall be commissioned by the President of the Welfare Service from among the public officials in general service, in charge of the affairs concerning the Promotion Fund who belong to the Senior Civil Service of the Ministry of Employment and Labor, the public officials in general service in charge of budget affairs concerning labor welfare who belong to the Senior Civil Service Corps of the Ministry of Strategy and Fiance, and the following persons:

1. Full-time directors of the Welfare Service;

2. Persons representing employees;

3. Persons representing employers;

4. Persons recognized to have affluent knowledge and experience in labor welfare.

5.Persons recognized to have affluent knowledge and experience in the management and operation of the Promotion Fund.

(4) The term of office of the members falling under paragraph (3) 2 through 5 commissioned by the President of the Welfare Service, shall be two years: Provided, That the term of office of the members for filling a vacancy shall be the remainder of his/her predecessor's term of office.

(5) The Deliberative Committee shall deliberate on the following matters:

1. Establishment and Implementation of the Operational Plan for the Promotion Fund under Article 58;

2. The settlement of accounts of the Promotion Fund under Article 59;

3.Other matters the Chairperson of the Deliberative Committee refers to a meeting of the Deliberative Committee with respect to the management and operation of the Promotion Fund.

(6) In addition to the matters prescribed by this Decree, those necessary for the operation of the Deliberative Committee shall be determined by the Chairperson via a resolution of the Deliberative Committee.

Article 58 (Formulation of Operational Plans for Promotion Fund) (1) Each fiscal year, the Welfare Service shall formulate a draft operational plan for the Promotion Fund for the next year, in accordance with the National Finance Act.

(2) To establish a draft operational plan for the Promotion Fund under paragraph (1) or modify an operational plan for the Promotion Fund, the Welfare Service shall refer it to the Deliberative Committee for deliberation.

[This Article Wholly Amended by Presidential Decree No. 25520, Jul. 28, 2014]

Article 59 (Settlement of Accounts of Promotion Fund) (1) Each fiscal year, the Welfare Service shall prepare a written report on the settlement of accounts of the Promotion Fund for the previous year and submit it to the Minister of Strategy and Finance by the last day of February via the Minister of Employment and Labor.

(2) When submitting a written report on the settlement of accounts in accordance with paragraph (1), the following documents shall be attached:

1. Documents concerning the outlined content and analysis of the settlement of accounts of the Promotion Fund;

2. Financial statements such as the balance sheet and the statement of profits and losses;

3. Documents proving cash revenues and expenditures such as the statement of accounts for revenues and expenses;

4.Other documents the Minister of Employment and Labor deems necessary for the confirmation of the accuracy of the settlement of accounts of the Promotional Fund.

(3) Where, in the course of the settlement of accounts of the Promotion Fund, it is found that profit has accrued, the Welfare Service shall appropriate such profit to offset any loss brought forward and deposit the remainder into the Promotion Fund.

Article 60 (Detailed Operational Rules on Promotion Fund) In addition to the matters prescribed by this Decree, those necessary for the management and operation of the Promotion Fund shall be determined by the Welfare Service with approval of the Minister of Employment and Labor. The same shall apply where modifying any approved matter.

Article 61 (Purposes of Promotional Fund) The phrase “businesses prescribed by Presidential Decree” referred to in subparagraph 17 of Article 91 of the Act means the following business:

1. Business for supporting the post-retirement life of employees, such as business for the retirement pension system;

2.Business included in the operational plan for the Promotion Fund under Article 58, which the Welfare Service deems necessary upon deliberation by the Deliberative Committee.

Article 62 (Supervision over Operation of Promotion Fund) (1) The Welfare Service shall report on the current status of the execution of the operational plan for Promotional Fund and the operation of surplus fund to the Minister of Employment and Labor within 30 days after the close of each quarter.

(2) If deemed necessary to enhance the efficiency and the character of public interest, the Minister of Employment and Labor may formulate guidelines on the operation of the Promotion Fund and request the Welfare Service to comply therewith.

Article 63 (Reporting of Operational Status of Fund Corporation) (1) In accordance with Article 93 (1) 3 of the Act, a fund corporation shall report on the operation status for the relevant year, a business plan for the next year (including an estimated balance sheet and an estimated statement of profits and losses) and those matters determined by the Minister of Employment and Labor, to the head of the competent regional employment and labor office within three months after the close of every fiscal year.

(2) The head of the competent regional employment and labor office in receipt of a report on the operations status, etc, of a fund corporation in accordance with paragraph (1) shall report the content to the Minister of Employment and Labor by the tenth day of the month immediately after the close of every quarter.