Article 66 (Relocation Expenses) (1) The "standards determined by the Presidential Decree" in Article 53 (1) of the Act shall be under the following conditions: Provided, That the case of being employed with a labor contract period of less than one year shall be excluded: <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
1.In the case of being employed or receiving vocational training, the head of the responsible local vocational stabilization agency shall recognize it as necessary to change the residence under the standards determined by the Minister of Labor; and
2.The expenses of moving the residence shall not be paid by the business operator who employs the qualified recipient, and even if paid, the amount shall be less than the relocation expenses.
(2) The procedure for claiming relocation expenses shall be determined by the Ordinance of the Ministry of Labor. In this case the provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of relocation expenses.
Article 66-2 (Illegal Act for Which Restrictions on Payment of Employment Promotion Allowances is Relaxed)
The term "case falling under the grounds prescribed by the Presidential Decree" in Article 54 (2) of the Act means the case falling under each subparagraph of Article 57-2.
[This Article Newly Inserted by Presidential Decree No. 18165, Dec. 18, 2003]
Article 67 (Application Mutatis Mutandis)
The provisions of Articles 55 (1) and (3), 56 and 58 shall apply mutatis mutandis to the employment promotion allowances. In this case, the "jobseeking benefit" shall be deemed the "employment promotion allowance", the "qualified recipient" shall be deemed the "person entitled to the payment of the employment promotion allowance" and the "amount of jobseeking benefit" shall be deemed the "amount of employment promotion allowance" and "Article 47 of the Act" shall be deemed "Article 54 of the Act" in Article 58 (1), respectively.
[This Article Wholly Amended by Presidential Decree No. 18165, Dec. 18, 2003]
Article 68 (Entrustment of Business) (1) If it is deemed necessary according to an application of a qualified recipient, the head of the vocational stabilization agency may entrust unemployment benefits-related affairs for that person to another head of the vocational stabilization agency.
(2) If the entrustment under paragraph (1) is performed, the entrusted head of the vocational stabilization agency shall perform the tasks of recognition of unemployment, payment of unemployment benefits and other activities related to unemployment benefits for the qualified recipient, in spite of the provisions of this Chapter.
CHAPTER V INFANT-CARE LEAVE BENEFITS, ETC.
Article 68-2 (Reasons for Extension of Application Period for Infant-Care Leave Benefits)
For the purpose of the proviso of Article 55-2 (1) 3 of the Act, the term "reasons prescribed by the Presidential Decree" means the reasons of the following subparagraphs: <Amended by Presidential Decree No. 19103, Oct. 26, 2005>
1. Natural disasters;
2. Disease or injury of the principal or spouse;
3. Disease or injury of the lineal ascendants and descendants of the principal or spouse;
4. Obligatory service pursuant to the Military Service Act; and
5. Detention or execution of sentence for the criminal suspicion.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-3 (Amount of Infant-Care Leave Benefits) (1) The amount of infant-care leave benefits under Article 55-2 (2) of the Act shall be 400,000 won per month. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004>
(2) The amount of infant-care leave benefits under paragraph (1) shall be paid by computing the number of days in case of a month when the period subject to payment falls short of one month.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-4 (Employment Report, etc. during Period of Infant-Care Leave Benefits)
Where any of the insured makes a report on quitting her job or taking another employment under Article 55-4 (1) of the Act, the insured shall enter the relevant fact in a written application for infant-care leave benefits first submitted after the date when the insured quits the job or takes another employment.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-5 (Mutatis Mutandis Application)
The provisions of Article 58 shall apply mutatis mutandis to the restriction of payment, the order to return, etc. of infant-care leave benefits paid under Article 55-2 (1) of the Act. In this case, the term "Article 47 or 48 of the Act" shall be read as "Article 55-5 or 55-6 of the Act", and "job-seeking benefits" as "infant-care leave benefits".
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-6 (Reduction of Infant-Care Leave Benefits)
Where any of the insured is paid or given money or goods by any business operator on the grounds of the infant-care leave during the infant-care leave period provided for in the provisons of Article 19 of the Act on the Equal Employment for Both Sexes pursuant to the provisions of Article 55-5 (2) of the Act, and the amount obtained by the addition of the monthly average amount of the money and goods that are paid or given during the infant-care leave period and of the monthly amount of the infantcare leave benefit provided for in the provisions of Article 55-2 of the Act exceeds the normal monthly wage based on the date on which the infant-care leave commences, the excess amount shall be paid after being reduced from the infant-care leave benefit.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 68-7 (Entrustment of Affairs for Infant-Care Leave Benefits)
Where the head of a vocational stabilization agency deems necessary upon an application of any of the insured, he may deal with the affairs for infant-care leave benefits, which are performed against the relevant person, by entrusting them to the head of another vacational stabilization agency.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-8 (Reasons for Extension of Application Period for Leave Benefits, etc.Before and After Childbirth)
The provisions of Article 68-2 shall apply mutatis mutandis to the leave benefits, etc. before and after childbirth. In this case, the term "proviso of Article 55-2 (1) 3 of the Act" shall be read as "proviso of subparagraph 2 of Article 55-7 of the Act". <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-9 (Maximum and Minimum Amount of Leave Benefits, etc.Before and After Childbirth)
The maximum amount and the minimum amount of the leave benefits, etc. before and after childbirth paid to the insured under Article 55-8 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1.Maximum amount: Where the amount equivalent to the ordinary wage for 90 days of the leave period before and after the childbirth or the leave period of miscarriage and stillbirth exceeds 4.05 million won, 4.05 million won: Provided, That where the payment period for the leave benefit, etc. before and after childbirth provided for in the provisions of Article 55-8 of the Act is less than 90 days, the amount of the leave benefit, etc. shall be the amount obtained by the calculation of the number of days; and
2. Minimum amount: Where the amount equivalent to the ordinary wage for 90 days of the leave period before and after the childbirth or the leave period of miscarriage and stillbirth is smaller than the amount (hereafter referred to as the "minimum standard amount" in this subparagraph) obtained by multiplying the minimum wage amount that falls under the unit of hour provided for in the Minimum Wages Act, which is applied at the time when the leave commences, by the fixed working hours for 90 days prior to the commencement of the insured's leaves, the minimum standard amount: Provided, That where the payment period for the leave benefit, etc. before and after childbirth provided for in the provisions of Article 55-8 of the Act is less than 90 days,
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-10 (Mutatis Mutandis Application)
The provisions of Article 68-4 shall apply mutatis mutandis to the report on the employment, etc. during the leave period before and after childbirth or the leave period of miscarriage and stillbirth. In this case, the term "infant-care leave benefits" shall be deemed the "leave benefits, etc. before and after childbirth", and "Article 55-4 (1) the Act" as "Article 55-4 (1) of the Act applied mutatis mutandis pursuant to Article 55-9 of the Act". <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-11 (Mutatis Mutandis Application)
The provisions of Article 58 shall apply mutatis mutandis to the restriction of payment, the order to refund, etc. of the leave benefits, etc, before and after childbirth paid under Article 55-7 of the Act. In this case, the term "Article 47 or 48 of the Act" shall be read as "Article 55-9 of the Act", and "job-seeking benefits" as "leave benefits, etc. before and after childbirth". <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-12 (Reduction of Leave Benefits, etc.Before and After Childbirth)
Where the insured are paid or given money and goods by any business operator on the grounds of the protection leaves during the protection leave period provided for in the provisions of Article 72 of the Labor Standards Act pursuant to the provisions of Article 55-9 of the Act, and the total amount of the money and goods that are paid and given by the business operator and leave benefits, etc. before and after childbirth provided for in the provisions of Article 55-7 of the Act exceeds the ordinary wages as of the date on which the protection leave commences, the excess amount shall be paid after being reduced from the leave benefits, etc. before and after childbirth.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
CHAPTER VI Deleted.
Article 69 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 70 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 71 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 71-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 72 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 73 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 73-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 74 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 75 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 76 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 76-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 77 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 78 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 79 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 79-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 80 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 80-2 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 80-3 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 81 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Chapter VII EMPLOYMENT INSURANCE FUND
Article 82 (Management Business, etc. of Fund) (1) The term "methods to increase the fund determined by the Presidential Decree" in Article 67 (3) 4 of the Act means a purchase of the securities under Article 2 (1) of the Securities and Exchange Act. <Amended by Presidential Decree No. 19103, Oct. 26, 2005>
(2) The term "certain level determined by the Presidential Decree" in Article 67 (4) of the Act means the earning ratio determined by the Minister of Labor taking into account the interest rate on one-year fixed deposit (referring to the interest rate to which banks with nationwide business areas apply from among financial institutions established pursuant to the Banking Act), or the anticipated price rise rate, etc. <Amended by Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
[This Article Wholly Amended by Presidential Decree No. 17301, Jul. 7, 2001]
Article 83 (Fund Accounting)
Accounting for employment insurance fund (hereinafter referred to as the "fund") shall be done according to the principles of business accounting. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 84 (Use of Fund)
The term "expenses determined by the Presidential Decree" in subparagraph 5 of Article 68 of the Act means the following expenses: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 18572, Oct. 29, 2004>
1. Expenses for management and operation of insurance business;
2. Expenses for management and operation of the fund;
3. Subsidies related to insurance business agencies provided for in Article 33 of the Insurance Premium Collection Act;
4. Payment of consignment fees for business or affairs provided for in the Act and the Insurance Premium Collection Act; and
5. Contribution to a person who exercises by proxy or is entrusted with the business provided for in the Act and the Insurance Premium Collection Act.
Article 85 (Entrustment of Fund Payment)
The Minister of Labor may execute the business related to the payment of support and subsidies from the fund, granting of loans, the payment of training expenses and allowances, or unemployment benefits by entrusting the business to a financial institution under the Banking Act or to a communications agency. <Amended by Presidential Decree No. 18572, Oct. 29, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
Article 86 (Fund Operation Plan)
The fund operation plan under Article 69 (1) of the Act shall include the following matters:
1. Matters related to income and expenditures of the fund;
2. Matters related to business plans, expenditure cause actions plan and fund plans for the concerned year;
3. Matters regarding the disposition of the fund carried over from the previous year;
4. Matters regarding the reserve fund; and
5. Other matters necessary for fund operation.
Article 87 (Notification of Fund Operation Result)
The Minister of Labor shall notify the public of the results of the fund operation every year in one or more special daily financial newspapers or general daily newspapers which have their main offices in Seoul Special Metropolitan City under Article 69 (2) of the Act.
Article 88 (Persons in Charge of Fund Accounting) (1) The Minister of Labor shall appoint a public official in charge of fund revenues, a public official in charge of fund management, a public official in charge of fund disbursements and a public official in charge of fund receipts and disbursements, respectively, from among public officials under his control in order to perform the administrative affairs of revenues and disbursements of the fund.
(2) A public official in charge of fund revenues and a public official in charge of fund management shall perform the act of concluding any contract, receiving revenues and making disbursements and also take charge of the work of collecting and deciding fund revenues while managing and operating the fund, and a public official in charge of fund disbursements and a public official in charge of fund receipts and disbursements shall perform the work of managing revenues and disbursements that accrue from the management and operation of the fund.
(3) When the Minister of Labor appoints any public official in charge of fund revenues, any public official in charge of fund management, any public official in charge of fund disbursements and any public official in charge of fund receipts and disbursements, he shall notify the Chairman of the Board of Audit and Inspection and the Governor of the Bank of Korea thereof.
[This Article Wholly Amended by Presidential Decree No. 18572, Oct. 29, 2004]
Article 88-2 Deleted. <by Presidential Decree No.19246, Dec. 30, 2005>
Article 89 (Designation of Transacting Bank)
A public official in charge of fund disbursements shall designate the Bank of Korea in its jurisdiction (including its main office, its branch office, its agency, or its national agency; hereinafter the same shall apply), or the nearest Bank of Korea if there is no Bank of Korea in its jurisdiction, as the payer of the checks issued by him. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 90 (Procedure for Receipt of Fund Revenues) (1) When any public official in charge of fund revenues intends to collect revenues coming to the fund, he shall notify the person responsible for payment to pay it to the fund's account in the Bank of Korea. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) When the Bank of Korea receives revenues for the fund, it shall deliver the receipt to the payer and send notice of the receipt to the relevant public official in charge of fund revenues without delay. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(3) The Bank of Korea shall centralize the revenues of the fund received under paragraph (2) at the fund account established in the main office of the Bank of Korea according to handling procedures for national funds.
Article 91 (Procedure for Expenditure of Fund) (1) When any public official in charge of fund management executes an expenditure cause, he shall send the documents related to the expenditure cause to the relevant public official in charge of fund disbursements. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) When the public official in charge of fund disbursements intends to disburse money from the fund for expenditures caused by actions of the public official in charge of fund management, he shall issue a check with the Bank of Korea as the payer. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(3) The amount which has not been expended during the concerned fiscal year due to unavoidable reasons, after the public official in charge of fund management has executed the causes for expenditure, may be expended by carrying it forward to the next year. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 92 (Prohibition on Cash Dealings)
A public official in charge of fund disbursements and a public official in charge of fund receipts and disbursements shall not keep or handle cash: this shall not apply to a case where Article 65 of the Budget and Accounts Act is applied. <Amended by Presidential Decree No. 18572, Oct. 29, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
Article 93 (Assignment of Limit on Amount of Fund Expenditure Cause Actions) (1) The Minister of Labor shall assign to a public official in charge of fund management a limit on the amount of fund to be used for expenditure cause actions within the scope of the quarterly expenditure cause actions plan in subparagraph 2 of Article 86. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) The Minister of Labor shall assign a limit on the amount of expenditure to a public official in charge of fund disbursements within the scope of the monthly fund plan in subparagraph 2 of Article 86. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
Article 94 (Report on Operational State of Fund) (1) A public official in charge of fund revenues shall make a monthly report on the amount of fund collected, a public official in charge of fund management shall make a monthly report on the amount of fund expenditure cause actions, and a public official in charge of fund disbursements shall make a monthly report on the fund expenditure amount. These shall be dated as of the last day of the present month and submitted to the Minister of Labor by the 20th day of the next month. <Amended by Presidential Decree No. 18572, Oct. 29, 2004>
(2) Other necessary matters related to the report on fund operation and management besides the reports covered by paragraph (1) shall be determined by the Minister of Labor.
Article 95 (Report on Settlement of Accounts of Fund)
The Minister of Labor shall draft the following documents related to the settlement of accounts of the fund for each fiscal year, and submit it by the end of February of the next fiscal year to the Minister of Finance and Economy following review by the Employment Policy Deliberation Council, according to the Framework Act on Employment Policy: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 19103, Oct. 26, 2005>
1. Documents on the general condition and analysis of the statement of accounts of the fund;
2. Financial statements, such as balance sheet and income statement;
3. Operational plan of the fund and comparative list of actual achievements;
4. Earnings and expenditure statement of accounts; and
5. Other documents necessary to clarify the contents of the settlement of accounts.
Article 96 (Receipts and Disbursements of Reserve Fund, etc.)
Necessary matters related to receipts and disbursements of the reserve fund and spare money of the fund under Article 72 of the Act shall be determined by the Ordinance of the Ministry of Labor.
Article 97 (Mutatis Mutandis Application of Budget and Accounts Act)
Matters which are not prescribed by the provisions of the Act and this Decree regarding the operation or management of the fund, shall be carried out under the provisions of the Budget and Accounts Act. <Amended by Presidential Decree No. 19103, Oct. 26, 2005>
CHAPTER VIII REQUEST FOR EXAMINATION AND REEXAMINATION
Article 98 (Qualifications of Examiner)
An employment insurance examiner (hereinafter referred to as an "examiner") under Article 75 of the Act shall be appointed from among the public officials affiliated with the Ministry of Labor and falling under one of the following subparagraphs:
1.A public official who has held office previously at Grade V or higher in general service in the Ministry of Labor and has worked on affairs related to examinations or request for reexaminations on employment insurance for not less than one year;
2.A public official who has held office previously at Grade V or higher in general service in the Ministry of Labor and has worked in employment insurance affairs for not less than two years; and
3.Other persons who are recognized by the Minister of Labor as having equivalent qualifications as the persons listed in subparagraph 1 or 2.
Article 98-2 (Assignment and functions of Examiner) (1) Examiners referred to in Article 75 (3) of the Act shall be assigned to the Ministry of Labor. <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
(2) Examiners shall take charge of examination affairs and case study on the request for examination designated by the Minister of Labor. <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 99 (Method of Application for Challenge) (1) An application for challenge to an examiner under Article 75 (4) of the Act shall be in writing with the reasons clearly indicated.
(2) When the Minister of Labor receives an application for challenge under paragraph (1), he shall make a decision within 15 days and notify the applicant.
Article 100 (Report on Succession to Status of Claimant)
A person who succeeds to the status of an examination claimant under Article 75 (5) of the Act shall report to an examiner in writing, attaching the documents by which to prove the succession.
Article 101 (Method of Request for Examination) (1) Each of the following matters shall be stated on the documents of the request for examination under Article 75-3 of the Act:
1. Name and address of the claimant;
2. Name of disposition office which is the other party to claim;
3. Contents of disposition of the subject of examination request;
4. Date of coming into knowledge of the disposition;
5. Existence and contents of the notification regarding the request for examination by the other party to claim disposition office;
6. Purport and reasons for examination request; and
7. Date of request.
(2) If a request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters of paragraph (1) shall be stated.
(3) The written documents of paragraph (1) shall be signed and sealed by the claimant or the agent.
Article 102 (Revision of Request for Examination) (1) Order to revise the request for examination under the main sentence of Article 75-4 (2) of the Act shall be made by documents with the following written contents:
1. Matters to revise;
2. Reasons for demanding revision;
3. Period of revision; and
4. Other necessary matters.
(2) If an examiner revises the request for examination with his authority under the proviso of Article 75-4 (2) of the Act, he shall notify this to the person concerned.
Article 103 Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Article 104 (Notification about Suspension of Execution of Original Dispositions)
The following matters shall be stated on the document of notification about suspension of execution under Article 75-6 (2) of the Act:
1. Case name of the request for examination;
2. Disposition of the object of suspension of execution and the contents of the suspension of execution;
3. Name and address of the claimant;
4. Name of disposition office which is the other party to claim; and
5. Reasons for suspension of execution.
Article 105 (Investigation for Trial) (1) An application of investigation for trial related to the request for examination under Article 75-7 (1) of the Act shall be in written form with the following matters stated:
1. Case name of the request for examination;
2. Purport and reasons of the application;
3.Name and address of the related persons who are required to be present (restricted to the case of Article 75-7 (1) 1 of the Act);
4.Name and address of operator or custodian of documents, and other materials required to be submitted (restricted to the case of Article 75-7 (1) 2 of the Act);
5. Reasons for the legal consultation (restricted to the case of Article 75-7 (1) 3 of the Act); and
6.Business place and other places to enter, business operator, employees and other related persons to question, documents and other materials to inspect (restricted to the case of Article 75-7 (1) 3 of the Act).
(2) When the examiner inspects the evidence under Article 75-7 (1) of the Act, he shall draft an evidence inspection protocol. In this case, when he receives the statement from the examination claimant or the related person under Article 75-7 (1) 1 of the Act, he shall make the written protocol statement and annex it.
(3) The following matters shall be stated on the evidence inspection protocol of paragraph (2) and the examiner shall sign and seal it:
1. Indication of the case;
2. Date, time and place of the inspection;
3. Subject of inspection and method of inspection; and
4. Result of inspection.
Article 106 (Written Decision)
The decision on the request for examination under Article 75-9 of the Act shall be by the written verdict with the following matters stated, and this shall be signed and sealed by the examiner:
1. Case number and case name;
2. Name and address of the claimant;
3. Name of disposition office who is the claimee;
4. Main text;
5. Reason of the claim;
6. Reasons; and
7. Date of decision.
Article 107 (Commission and Appointment of Examination Committee Members) (1) Among the members of the employment insurance examination committee (hereinafter referred to as the "examination committee") under Article 76 (1) of the Act, members representing workers shall be recommended by labor unions which are overall alliance organizations, and members representing business operators shall be recommended by business operators' associations of nationwide scale, and each member shall be commissioned by the President on a recommendation of the Minister of Labor from among them. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
(2) Of the members of the examination committee, those except for the members representing workers, the members representing business operators and the ex officio members shall be commissioned by the President on a recommendation of the Minister of Labor from among those who fall under one of the following subparagraphs: Provided, That the standing members shall be commissioned by the President on a recommendation of the Minister of Labor from among those who fall under subparagraph 3 or 4: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 19103, Oct. 26, 2005>
1.A person licensed as judge, prosecutor or lawyer;
2.A person currently holding office or who held office previously as an assistant professor or higher position in a university or college under the Higher Education Act;
3.A person currently holding office or who held office at Grade III or higher as a public official;
4.A person who has worked in labor relations affairs for not less than 15 years and who is recognized by the Minister of Labor as a qualified person; and
5.A person who has profound academic knowledge and experience related to social insurance and employment matters and who is recognized by the Minister of Labor as a qualified person.
(3) The Minister of Labor shall appoint one ex officio member from among public officials of Grade II or III who are in charge of employment insurance affairs in the Ministry of Labor.
Article 108 (Term of Office for Members) (1) The term of office for the examination committee members shall be three years and they may be reappointed. The term of office for the ex officio member under Article 107 (3) shall be the period during which he is in charge of the employment insurance affairs.
(2) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
Article 109 (Treatment of Members)
The members other than the standing members and the ex officio member who are present at the examination committee meetings may be paid an allowance necessary for performing their duties and the travel expenses within the budget. In this case, the travel expenses shall be paid by applying mutatis mutandis the regulation for public official's travel expenses. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 110 (Chairman and Vice-chairman) (1) The examination committee shall have one chairman and one vice chairman.
(2) The chairman of the examination committee shall be appointed by the President on a recommendation of the Minister of Labor from among the standing members, and the vice-chairman of the committee shall be elected from among the members. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 111 (Duties) (1) The chairman shall represent the examination committee and preside over the affairs of the examination committee.
(2) The vice-chairman shall assist the chairman and when the chairman is unable to discharge his duties on the unavoidable grounds, the vice Chairman shall act for him. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
Article 112 (Meetings) (1) Any meeting of the examination committee shall be composed of and operated by nine persons or fewer including the chairman or vice-chairman, ex officio members, and each member representing labor and management designated by the chairman at each meeting. <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998>
(2) When the chairman of the examination committee desires to convene a meeting, he shall notify in writing the time and place and agenda of the meeting to each member by 5 days before the commencing of the meeting: Provided, That this shall not apply to the case of an emergency.
(3) Meetings of the examination committee shall be held with the attendance of a majority of all the constituent members organized pursuant to paragraph (1) and decisions shall be made by affirmative vote of a majority of members present. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 112-2 (Employment of Researcher and Surveyor) (1) The Minister of Labor may have researchers and surveyors to conduct special research and survey on the affairs of reexamination of the examination committee under Article 76 (8) of the Act.
(2) Necessary matters concerning qualifications, services and salaries, etc. of researchers and surveyors shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 113 (Notification)
The notification of the examination date and place under Article 76-3 (1) of the Act shall be in written form, and it shall be delivered in person or by registered mail.
Article 114 (Application for Closed Proceedings)
The application for closed proceedings under the proviso of Article 76-3 (3) of the Act shall be in written form with the purport and reasons stated.
Article 115 (Protocol of Trial) (1) The following matters shall be stated on the protocol of trial under Article 76-3 (4) of the Act:
1. Name and number of the case;
2. Date, time and place of the trial;
3. Names of the members present;
4. Name of the concerned person present or his agent;
5. Contents of the trial; and
6. Other necessary matters.
(2) The trial protocol of paragraph (1) shall be stated with the date of writing of the protocol and it shall be signed and sealed by the chairman.
(3) The application for perusal under Article 76-3 (6) of the Act shall be in writing.
Article 116 Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
Article 117 (Method of Request for Reexamination) (1) The request for reexamination under Article 74 of the Act shall be in a written document with the following matters stated: <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
1. Name and address of the claimant;
2. Matters of Article 101 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date the decision became known;
5. Existence or nonexistence of notification and contents of notification related to the request for reexamination to the examiner who made the decision;
5-2. Purport of and reasons for the request for reexamination; and
6. Date of request for reexamination.
(2) When the request for reexamination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters of paragraph (1).
(3) The claimant or the agent shall sign and seal the documents of paragraph (1).
Article 118 (Written Adjudication)
The written adjudication on the request for reexamination shall have the following matters stated and the chairman of the examination committee and the members who are present at the reexamination shall sign and seal it:
1. Name and number of the case;
2. Name and address of the claimant;
3. Name of the original disposition office;
4. Name of the examiner who made the adjudication on the request for examination;
5. Text of the judgement;
6. Purport of the request;
7. Reasons; and
8. Date of the adjudication.
Article 119 (Mutatis Mutantis Application)
The provisions of Articles 99, 100, 102, 104 and 105 shall apply mutatis mutandis to the examination committee and the reexamination. In this case, the "examiner" under Article 99 shall be deemed the "member of the examination committee," the "Minister of Labor", the "chairman of the examination committee", the "applicant for examination" under Articles 100 and 105 shall be deemed the "applicant for reexamination", the "examiner" under Articles 100, 102 and 105 shall be deemed the "chairman of the examination committee" and the "application for examination" under Articles 102, 104 and 105 shall be deemed the "application for reexamination", respectively.
[This Article Wholly Amended by Presidential Decree No. 17853, Dec. 30, 2002]
Chapter IX SUPPLEMENTARY PROVISIONS
Article 120 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 121 Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
Article 122 (Expenses for Diagnosis)
When the head of the vocational stabilization agency orders a diagnosis under Article 82 of the Act, he may pay the actual expenses necessary for the diagnosis.
Article 122-2 (Scope of Voluntarily Insured Self-Employed) (1) The term "any of the self-employed who are prescribed by the Presidential Decree" in Article 83-2 of the Act means a business operator who does not employ any worker or employs less than five workers and has his business registered pursuant to the provisions of Article 168 of the Income Tax Act.
(2) Where any of the self-employed referred to in the provisions of paragraph (1) employs not less than five workers after he is insured, he shall be deemed the self-employed who employs less than five workers only for the relevant year .
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 123 (Delegation of Authority, etc.) (1) The Minister of Labor shall delegate the authority on the matters falling under each of the following subparagraphs to the head of the vocational stabilization agency under the provisions of Article 84 of the Act: < Amended by Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17471, Dec. 31, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
1. Receipt, etc. of any report on the status of the insured under the provisions of Article 13 of the Act;
1-2. Receipt of the written confirmation of the loss of employment under the provisions of Article 13-2 of the Act;
1-3. Confirmation of the qualification of the insured under the provisions of Article 14 of the Act;
1-4. Support for employment adjustment under the provisions of Article 16 of the Act;
1-5. Support for job creation under the provisions of Article 15-2 of the Act;
2. Promotion of regional employment under the provisions of Article 17 of the Act;
3.Support for employment promotion for the aged, etc. under the provisions of Article 18 of the Act;
3-2. Support for employment stabilization of construction workers, etc. under the provisions of Article 18-2 of the Act;
3-3. Provision of employment information and the building of the employment support foundation, etc. (excluding the project for stabilizing the employment, building the foundation for the vocational ability development, and posting the professional manpower) under the provisions of Article 26-3 of the Act;
4. Restrictions, etc. on the support due to the acts of illegality under the provisions of Article 26-5 of the Act;
5. Support for vocational ability development training for business operators under the provisions of Article 22 of the Act;
6. Support for vocational ability development of the insured, etc. under the provisions of Article 24 of the Act;
6-2. Payment of and payment restriction on infant-care leave benefits under the provisions of Articles 55-2 and 55-5 of the Act;
6-3. Payment of and payment restriction on the leave benefits, etc. before and after childbirth under the provisions of Articles 55-7 and 55-9 of the Act;
7. Deleted; <by Presidential Decree No. 18572, Oct. 29, 2004>
8. Report, submission of relevant documents and demand to be present (limited to the case where it is necessary to deal with the delegated administrative affairs) under the provisions of Article 80 of the Act;
9.Access to offices, questions to persons concerned, inspection of documents (limited to a case where it is necessary to deal with the delegated administrative affairs), notification prior to such inspection, and notification of the result of the inspection under the provisions of Article 81 of the Act;
10. Imposition and collection of fines for negligence under the provisions of Article 86 of the Act;
10-2. Payment of rewards under the provisions of Article 83 of the Act;
10-3. Report on the selection and appointment and dismissal of agents under the provisions of Article 4;
10-4. Payment of the subsidy to small and medium enterprises for shortening their working hours under the provisions of Article 15-2;
10-5. Subsidizing the switch to the swing-shift system under the provisions of Article 15-3;
10-6. Support for improving the employment environment for small and medium enterprises under the provisions of Article 15-4 (excluding what is commissioned under paragraph (4));
10-7. Subsidy for making good use of professional manpower of small and medium enterprises under the provisions of Article 15-5;
10-8. Support for subsidizing the development and running of new business type of small and medium enterprises under the provisions of Article 15-6;
10-9. Payment of the subsidy for stabilizing the employment of construction workers under the provisions of Article 23-3;
10-10. Subsidy for the employment support project under the provisions of Article 23-6;
11. Financial support for the operation of workplace child care facilities under the provisions of Article 24 (3); and
12. Subsidy for examination fees, etc. under the provisions of Article 33-2.
(2) Under Article 84 of the Act, the Minister of Labor shall delegate his authority on the following matters to the Korea Labor Welfare Corporation established under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Labor Welfare Corporation"): <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000, Presidential Decree No. 18572, Oct. 29, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
1. and 1-2. Deleted; <by Presidential Decree No. 18572, Oct. 29, 2004>
1-3. Arrangement of receipts of refunds under the provisions of Article 48 of the Act (including a case where the provisions are applied mutatis mutandis under Articles 49 (5) and 55 of the Act) and refunds under the provisions of Article 26 (1) of this Decree (including a case where the provisions are applied mutatis mutandis under Article 37);
2. through 6. Deleted; <by Presidential Decree No. 18572, Oct. 29, 2004>
7. Report, submission of relevant documents, and demand on the attendance of meetings under the provisions of Article 80 of the Act (limited to a case where it is necessary to deal with the delegated administrative affairs);
8. Access to offices, questions to persons concerned and investigation of documents (limited to a case where it is necessary to deal with the delegated administrative affairs) under the provisions of Article 81 of the Act;
8-2. Request for submission of data (limited to a case where it is necessary for carrying out the entrusted affairs) under the provisions of Article 81-2 of the Act;
9. through 15. Deleted; <by Presidential Decree No. 18572, Oct. 29, 2004>
16. Business involving support and loan for the setup of workplace nursery facilities under the provisions of Article 24 (4) and other matters concerning the management and operation of the loans and supports; and
17. Deleted. <by Presidential Decree No. 18572, Oct. 29, 2004>
(3) The Minister of Labor shall delegate his authority concerning the matters falling under each of the following subparagraphs to the Human Resources Development Service of Korea in accordance with Article 84 of the Act: <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1.Work of extending loans used to cover the cost of installing vocational ability development training facilities, etc. and matters concerning the administration and operation of loans under Article 32;
2. Work of financially supporting the cost of installing vocational ability development training facilities, etc. and matters concerning the administration and operation of subsidies under Article 33 (excluding matters concerning the determination of the financial support);
2-2. Matters concerning the subsidy for ability development expenses under Article 30-5;
2-3. Matters concerning the work performed to subsidize the expenses necessary to undertake the qualifying examination project under Article 33-3 (1) 1 (excluding matters concerning the decision on the subsidy);
3. Matters concerning the financial support for expenses needed to implement the programs under Article 34 (1) 3-8 and 3-9; and
4.Subsidy for the certification system applied to enterprises that have successfully developed their manpower under Article 34 (1) 3-3.
(4) The Minister of Labor may delegate part of his authority on the subsidy for improving the employment environment of small and medium enterprises provided for in the provisions of Article 15-4, the subsidy for improving the employment environment for the aged, etc. provided for in the provisions of Article 23-7, the subsidy for local governments, etc. provided for in the provisions of Article 35-3 to the Korea Occupational Safety and Health Agency under the Korea Occupational Safety and Health Agency Act, the Korea Labor Welfare Corporation, the Human Resources Development Service of Korea, the Korea Employment Promotion Agency for the Disabled under the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act, the Korea Labor Institute established pursuant to Article 8 of the Act on the Establishment, <Amended by Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
(5) The Minister of Labor shall delegate his authority on the subsidy, including the assessment of the employment management, provided for in the provisions of Article 23-4 to the Korea Labor Institute pursuant to the provisions of Article 84 of the Act. <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
(6) The President of the Korea Labor Welfare Corporation and the President of the Human Resources Development Service of Korea shall each appoint a director in charge of fund revenues and a director in charge of fund expenditure cause actions from among standing directors of the Korea Labor Welfare Corporation and the Human Resources Development Service of Korea, as well as employees in charge of fund disbursements and employees in charge of fund receipts and disbursements from among employees working for the Korea Labor Welfare Corporation and the Human Resources Development Service of Korea in order to perform the works commissioned under paragraphs (2) and (3) and then make a report to the Minister of Labor on their appointments. In this case, <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(7) The Minister of Labor shall notify the Chairman of the Board of Audit and Inspection and the President of the Bank of Korea of the appointments of the director in charge of fund revenues, the director in charge of fund expenditures cause actions, the employees in charge of fund expenditures, and the employees in charge of fund receipts and disbursements pursuant to paragraph (6). <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
CHAPTER X PENAL PROVISIONS
Article 124 (Imposition of Fine for Negligence) (1) When the Minister of Labor intends to impose a fine for negligence under Article 86 (4) of the Act, he shall indicate the type of offense committed, the amount of the fine for negligence , and the expiration date for payment, and shall notify these in writing to the person who is subject to the imposition of fine for negligence, after investigating and confirming the offense committed.
(2) When the Minister of Labor intends to impose a fine for negligence, he shall determine a period of not less than ten days during which the person who is subject to the fine may have an opportunity to state his opinion, orally or in writing (including electronic documents). In this case, when no defense has been raised by the designated date, it is recognized that no defense will be raised. <Amended by Presidential Decree No. 18312, Mar. 17, 2004>
(3) The amount of the fine for negligence by the kinds of the act of violation is as shown in the attached Table 2: Provided, That the Minister of Labor may increase or reduce the amount of the fine for negligence within the scope of 1 /2 of the relevant amount taking into account the extent of the act of violation, the frequency of the act of violation and the motive of the act of violation and the consequences of the act of violation, etc. If the amount of the fine for negligence is increased, the increased amount shall not exceed the upper limit provided for in Article 86 (1) through (3) of the Act. <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(4) The procedure for collecting the fine for negligence shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Supplementary provisions ADDENDA
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 14628, Apr. 15, 1995>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 14935, Mar. 9, 1996>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15092, Jun. 29, 1996>
This Decree shall enter into force on July 1, 1996.
Supplementary provisions ADDENDA<Presidential Decree No. 15367, May 8, 1997>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5,9-2 through 9-4, 10 (2), 23-2, 35-2 and 68-2 shall enter into force on January 1, 1998.
Supplementary provisions ADDENDA<Presidential Decree No. 15569, Dec. 31, 1997>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 15581, Dec. 31, 1997>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15587, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
Supplementary provisions ADDENDA<Presidential Decree No. 15624, Feb. 12, 1998>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15683, Feb. 24, 1998>
This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 15829, Jul. 1, 1998>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1998: Provided, That the amendments to Articles 27 through 30, 30-2, 31 (limited to those that convert "vocational training or education and training" into "vocational abilities development training"), 32, 33, 34, 34-2, 35, 35-2, 36, 37, 69, 76, 123 (1) 5, 22-2, 24, 26 and 27 shall enter into force on January 1, 1999.
Supplementary provisions ADDENDA<Presidential Decree No. 15902, Oct. 1, 1998>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16095, Feb. 1, 1999>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16464, Jul. 1, 1999>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That The amended provisions of Article 123 shall enter into force on October 1, 1999 while the amended provisions of Article 69 (1) 2 ( d) shall enter into force on January 1, 2000.
Supplementary provisions ADDENDA<Presidential Decree No. 16705, Feb. 9, 2000>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 17090, Dec. 30, 2000>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 17301, Jul. 7, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDUM<Presidential Decree No. 17403, Oct. 31, 2001>
This Decree shall enter into force on November 1, 2001.
Supplementary provisions ADDENDA<Presidential Decree No. 17471, Dec. 31, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 17853, Dec. 30, 2002>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 18165, Dec. 18, 2003>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2004: Provided, That the amended provisions of Article 57 shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 18296, Feb. 25, 2004>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 18555, Oct. 1, 2004>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 18572, Oct. 29, 2004>
This Decree shall enter into force on January 1, 2005.
Supplementary provisions ADDENDA<Presidential Decree No. 18911, Jun. 30, 2005>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 19103, Oct. 26, 2005>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 19246, Dec. 30, 2005>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 19422, Mar. 29, 2006>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2006.
Article 2 Omitted.
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