Article 56 (Applying Mutatis Mutandis)
The provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of the job-seeking benefit to the unpaid benefit claimant. In this case, the term “responsible local Employment Security Office” shall read “the Employment Security Office which has jurisdiction over the residential area of the deceased”, and the term “qualified recipient” shall read “unpaid allowance claimant”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56-2 (Scope of Large Amount of Money and Articles)
The words “money and articles of not less than the amount determined by the Presidential Decree” in Article 45-2 (1) of the Act mean the money and articles (excluding wages) of one hundred million won or more in total amount paid at the time of separation, irrespective of their names, such as retirement allowances and retirement consolation benefits.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 57 (Notice of Suspension of Payment of Job-seeking Benefit) (1) According to the stipulation of Article 46 of the Act, head of the Employment Security Office, when he decides upon suspension of payment of the jobseeking benefit, shall record this fact on the recipient qualification certificate and return it to the qualified recipient. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) When the head of the Employment Security Office decides to suspend payment of the job-seeking benefit, he shall not recognize unemployment during the period of payment suspension. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 58 (Refund, etc., of Job-seeking Benefit) (1) Under the Provisions of Articles 47 and 48 of the Act, when the head of the Employment Security Office decides to suspend payment of the job-seeking benefit or the refund of the job-seeking benefit or to collect the amount equivalent to the job-seeking benefit, he shall notify this fact to the qualified recipient (including the business owner under Article 48 (2) of the Act) without delay. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The person who is ordered to refund the job-seeking benefit or to pay the amount equivalent to the job-seeking benefit under paragraph (1) shall make payment within thirty days from the notice: Provided, That where the amount to be paid is not less than an amount as determined by the Minister of Labor, it may, upon his own application, be paid in installments. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(3) The procedures and time limit, etc. for installment payment referred to in the proviso of paragraph (2) shall be determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15587, Dec. 31, 1997>
Article 59 (Payment Request and Payment Exceptions for Injury, Disease or Child Birth Benefit) (1) The qualified recipient, in case he desires to request the payment of a injury, disease or child birth benefit under Article 49 (1) of the Act, shall directly or by proxy, submit a written claim for payment of the injury, disease or child birth benefit, together with his recipient qualification certificate and the certificate of disease, injury or child birth, to the head of the responsible local Employment Security Office within 14 days after the cause of inability to work has been removed (within 30 days after the period of payment under Article 39 of the Act is completed, if the period of payment expires within the period of inability to work): Provided, That this shall be submitted within seven days after a natural disaster or other unavoidable causes. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) The “compensation or benefit determined by the Presidential Decree” in Article 49 (4) of the Act shall be the following.
1. Compensation for the shutdown of business under Article 3 (2) of the State Compensation Act; and
2. Compensation money under Article 7 of the Protection of Persons Killed or Wounded for a Righteous Cause Act.
Article 60 (Applying Mutatis Mutandis)
The provisions of Articles 49, 53 and 55 through 58 shall apply mutatis mutandis to the injury and disease benefit. In this case, “application form for unemployment recognition” in Article 49 shall be deemed to read “application form for injury and disease benefit ”; and “job-seeking benefit” in Articles 53 and 55 through 58 shall read “injury and disease benefit ”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 61 (Payment Standards for Early Re-employment Allowance) (1) The phrase “in the case which is applicable to the standards determined by the Presidential Decree” in Article 50 (1) of the Act shall refer to the case in which the qualified recipient is employed at a business which guarantees employment continuously for more than one year after the waiting period has lapsed, as provided in Article 40 of the Act: Provided, That this provisions shall not be applied in the case where the qualified recipient is re-employed by a former business owner or an business owner related to the former business owner who is designated by the Ordinance of the Ministry of Labor, or to the business owner who makes an employment promise before the reported date of unemployment under Article 33 of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The “period determined by the Presidential Decree” in Article 50 (2) of the Act shall be two years.
Article 62 (Amount of Early Re-employment Allowance)
The amount of the early re-employment allowance under Article 50 (3) of the Act shall be the job-seeking benefit (In case the job-seeking benefit is deducted under the provisions of Article 49 (2), this means the amount of the job-seeking benefit after deduction) of the qualified recipient multiplied by one half of the number of unpaid days. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
Article 63 (Request, etc., for Early Re-employment Allowance) (1) In the case that the qualified recipient desires to obtain the early re-employment allowance, he shall submit a written claim for the early re-employment allowance together with his recipient qualification certificate to the head of the responsible local Employment Security Office. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The written claim for the early re-employment allowance under paragraph (1) shall be submitted after he finds re-employment at a steady job. <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
(3) The provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the early re-employment allowance.
Article 64 (Vocational Ability Development Allowance) (1) The vocational ability development allowance referred to in Article 51 (3) of the Act shall be paid to the qualified recipient who received the job training, etc., designated by the head of the Employment Security Office, on the day which is designated for payment of the job-seeking benefit. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The amount of the vocational ability development allowance provided under Article 51 (3) of the Act is the amount which the Minister of Labor has decided and announced in consideration of traffic expenses, food expenses and other necessary expenses for the job training, etc.
(3) The vocational ability development allowance is paid on the day of payment of the job-seeking benefit of the qualified recipient. In this case the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the vocational ability development allowance. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The procedure of application for the vocational ability development allowance shall be determined by the Minister of Labor.
Article 65 (Wider Area Job-Seeking Expenses) (1) The “standards determined by the Presidential Decree” in Article 52 (1) of the Act shall require the following conditions:
1. Job-seeking activities shall begin after the waiting period has lapsed as stipulated under Article 40 of the Act;
2. Expenses required for job-seeking activities shall not be paid by the owner of the business which a qualified recipient visits for job-seeking, and even if paid, they shall be less than the amount of the wider area job-seeking expenses; and
3. The distance from the qualified recipient’s residence to the place of business visited for job-seeking shall be as for as or farther than the distance determined by the Minister of Labor. In this case, the distance is measured by the usual route from the residence to the business place, and a waterway is considered double the actual distance.
(2) The procedure of application for the wider area job-seeking 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 payment procedure for the wider area job-seeking expenses.
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:
1. In the case of being employed or receiving vocational training after the waiting period under Article 40 of the Act has lapsed, the head of the responsible local Employment Security Office 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 owner 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 67 (Applying Mutatis Mutandis)
The provisions of Articles 55 through 58 shall apply mutatis mutandis to the Employment Promotion Allowance. In this case, the term “qualified recipient” in Articles 55 and 57 shall read “person qualified for employment promotion allowance” and the term “job-seeking benefit” in Article 57 shall read “employment promotion allowance”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 68 (Entrustment of Business) (1) The head of the Employment Security Office may, if it is deemed necessary according to the application of the qualified recipient, entrust unemployment payment-related affairs for that person to another head of the Employment Security Office.
(2) If the entrustment under paragraph (1) is performed, the entrusted head of the Employment Security Office 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 Ⅵ PREMIUM
Article 68-2 (Application of Labor Expense Ratio in Workplace Subject to Block Application)
In applying the labor expense rate determined and notified by the Minister of Labor pursuant to Article 56 (4) of the Act, the labor expense ratio of the business which is subject to the block application pursuant to Article 10-2 of the Act shall be the labor expense ratio of the year concerned for the kind of business with the largest annual amount of actual construction work during the previous year. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 69 (Premium Rate) (1) The premium rate as provided under Article 57 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. The premium rate for employment security activities shall be 3/1000;
2. The premium rate for vocational ability development activities shall be premium rates as follows:
(a) 1/1000 in the case of the business in which the business owner ordinarily employs fewer than one hundred fifty persons;
(b) 3/1000 in the case of the business in which the business owner ordinarily employs not fewer than one hundred fifty persons and which fits the scope of preferentially supported enterprise;
(c) 5/1000 in the case of the business in which the business owner ordinarily employs not fewer than one hundred fifty but fewer than one thousand persons and which does not fall under item (b); and
(d) 7/1000 in the case of the business in which the business owner ordianrily employs not fewer than one thousand persons;
3. The premium rate for unemployment benefits shall be 10/1000.
(2) In applying paragraph (1) 2, the number of workers ordinarily employed by the business owner shall be the total number of ordinarily employed workers in all of the businesses which are carried out by the business owner (excluding overseas business): in case of the business that supervises public housing under the Housing Construction Promotion Act, the number of workers who are employed ordinarily shall be calculated by the business type. <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
(3) In applying paragraph (1) 2 and paragraph (2), the number of ordinarily employed workers shall be the total number of the workers as of the last day of the previous year divided by the working months of the previous year: in the case of the business owner whose insurance relationship is established by beginning the business during the insurance year, the number of the present workers on the day of establishment of the insurance relationship shall be the number of workers who are ordinarily employed. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
(4) If the confirmation of the number of workers who are ordinarily employed in the construction business is impossible, notwithstanding paragraph (3), the number calculated by the following formula shall be the number of workers who are employed ordinarily by the business owner: in the case that the insurance relationship was established by beginning the business during the previous year, the denominator shall be replaced by the monthly average wage in construction business of the previous year multiplied by the number of months from the beginning of business to December, and in the case that the insurance relationship was established by beginning the business during the insurance year, the number of present employed workers as of the insurance establishment date shall be considered as the workers who are ordinarily employed. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
actual amount of construction work of previous year × labor expense ratio of previous year
monthly average wage of previous year in construction business × 12
(5) The definitions of the terms used in paragraph (4) shall be as follows: <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
1. “Actual amount of construction work” shall be the actual amount of construction work which is the legally subcontracted part as provided in the Construction Business Act or other related Acts and subordinate statutes, subtracted from the total actual amount of construction work;
2. “Labor expense ratio”, pursuant to Article 56 (4) of the Act, means the labor expense ratio for the kind of business with the largest annual amount of actual construction work during the previous year from among the announced labor expense ratio; and
3. “Monthly average wage in construction business” shall be the average wage calculated and notified by the Minister of Labor on the basis of the wage in construction business contained in the Monthly Labor Statistical Research Report prepared by the Minister of Labor under Article 2 of the Statistics Act.
(6) In applying paragraph (1) 2, the premium rate for vocational ability development activities to be applied to the contractor shall be applied to subcontractors who become business owners under the proviso of Article 9 (5) of the Act: Provided, That where an individual business which is subject to the block application pursuant to Article 10-2 of the Act obtains recognition pursuant to the proviso of Article 9 (5) of the Act, the premium rate for vocational ability development activities of the business owner who is the subcontractor concerned, will be applied. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
(7) Notwithstanding paragraphs (1) 2 and (2), in case the business is transferred or the business owners are merged during the insurance year, the premium rate for vocational ability development activities applicable before the transference or merger shall be applied to the transferred or merged business, restricted to the insurance year. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
Article 70 (Collection of Premium through Withholding)
When the business owner desires to collect the premium through withholding under Article 59 (1) of the Act, he shall deduct the amount equivalent to the premium to be paid by the insured workers from their paid wage, on the basis of the total sum of the wage to be paid plus the wage which is paid irregularly after the regular wage payday, whenever the business owner makes the regular wage payment to the insured workers.
[This Article Wholly Amended by Presidential Decree No. 14935, Mar. 9, 1996]
Article 71 (Total Wage Estimate and Its Increase) (1) The “case determined by the Presidential Decree” in Article 60 (1) of the Act shall be when the total estimated wage of the insurance year is not less than 70/100 but not more than 130/100 of the total wage during the previous year.
(2) Deleted. <by Presidential Decree No. 15367, May 8, 1997>
(3) The “scope determined by the Presidential Decree” in Article 60 (2) of the Act shall be 100 percent.
Article 72 (Measures Following Change, etc., in Application to Insured Business) (1) The business owner, in the case of expansion of the types of insured business related to the concerned business as a result of joining the insurance or by changing the scale of business, etc., shall report and pay the recalculated amount of the premium in accordance with the enlarged insured business under Article 60 of the Act, within seventy days from the day the business is enlarged. In this case, the provisions of Article 65 (4) of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the report and notification of the recalculated premium.
(2) The Minister of Labor, in case the types of insured business which are applicable to the concerned business are reduced by the cancellation of the insurance contract of an insured business, shall adjust the recalculated premium by reduction, and if the estimated premium paid before exceeds the adjusted premium, the difference shall be refunded.
[This Article Wholly Amended by Presidential Decree No. 14935, Mar. 9, 1996]
Article 73 (Applying Mutatis Mutandis)
The provisions of Articles 67, 68 (1) and (3) through (6), 69, and 70 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the report and notification of the recalculated premium. In this case “public corporation” in Article 67 and 69 (1) shall be read “Minister of Labor”. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 73-2 (Installment Payment of Employment Premium)
The business the estimated premium of which is to be paid in installments under Article 68 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act to apply mutatis mutandis under Article 73 shall be limited to the business for which the premium relationship is established prior to June 30 of the relevant insurance year: Provided, That this shall not apply to the business which needs the payment of the difference between the estimated premiums under Article 60 (2) of the Act or which is to be conducted for a limited period of less than 6 months, such as construction projects.
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 74 (Applying Mutatis Mutandis)
The provisions of Article 73 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the inspection and collection of the fixed premium which shall be applied mutatis mutandis to Article 61 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 75 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 76 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 76-2 (Associations to be Authorized as Employment Insurance Affairs Association)
The “association which meets the standards determined by the Presidential Decree” in the former part of Article 64 (1) of the Act means an association which is authorized or permitted by, or registered with or reported to, the competent authorities pursuant to the provisions of Acts (hereinafter referred to as the “association”).
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 77 (Scope of Business Owner Delegating Insurance Affairs) (1) A business owner who may delegate insurance affairs under the latter part of Article 64 (1) of the Act shall be the business owner who ordinarily employs fewer than one hundred persons. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Even if the business owner who delegates the insurance affairs ordinarily employs more than the number of the workers under paragraph (1) due to the expansion or merger of the business, he may delegate the insurance affairs continuously during the insurance year.
Article 78 (Authorization of Employment Insurance Affairs Association) (1) In case the association desires to obtain the authorization of the Minister of Labor under Article 64 (2) of the Act, it shall present a written application form for the authorization of the insurance association affairs association to the Minister of Labor, annexing the following documents: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. A copy of a document certifying the fact that it is authorized or permitted by, or registered with or reported to, the competent authorities;
2. A copy of the articles or agreement of the association;
3. A last year’s balance sheet, a statement of profit and loss, a list of property, and a document which certifies the property, of the association: Provided, That in case of the association newly established in the relevant year, the submission of the balance sheet and the statement of profit and loss may be exempted;
4. A copy of an agreement between the association and the business owner on the procedure of delegating the insurance business; and
5. A copy of an agreement concluded or passbook opened between the association and national treasury agencies, national treasury receipt agencies, or post offices designated by the Bank of Korea in order to prevent the diversion of premiums.
(2) The person who desires to obtain the authorization necessary for transacting employment insurance affairs under Article 64 (2) of the Act shall meet the following necessary conditions: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. Clear statement in the articles of association and agreement indicating that insurance business activities are the purpose of the association;
2. Ability of the business owners’ association to show in the balance sheet and statement of profit and loss that management is conducted without loss, through self-generated income; and
3. Existence of thirty business owners or more who are expected to delegate their employment insurance affairs.
(3) The association which has obtained authorization of the Minister of Labor under Article 64 (2) of the Act (hereinafter referred to as “employment insurance affairs association”) shall report to the Minister of Labor by 30 days before the discontinuation date in case it desires to discontinue the insurance affairs, and by 7 days before the date of change in case it desires to change the contents of the authorization. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 79 (Commission of Employment Insurance Affairs and Report of Termination of Commission)
The employment insurance affairs association shall, when employment insurance affairs are commissioned or the commission for the insurance affairs is terminated, report to the Minister of Labor within 14 days. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 79-2 (Maintenance of Book of Employment Insurance Affairs Association)
The books and other documents which the employment insurance affairs association are to prepare and keep on file under Article 64 (4) of the Act shall be as follows:
1. The list of business owners who delegate the transaction of insurance affairs;
2. The collection affairs transaction book according to each business;
3. The transaction book of insurance affairs, according to each business, other than collection affairs such as the report of the insured, and the relevant documents;
4. The documents related to the delegation of insurance affairs between the employment insurance affairs association and the business owners;
5. The documents related to the payment application and receipt of the support under Article 80-2;
6. The documents of the payment notice and the receipt of premiums and other collection money imposed on the business owners; and
7. The agreement concluded with national treasury receipt agencies.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 80 (Applying Mutatis Mutandis)
The provisions of Articles 56 (2), 56-2, and 58 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the treatment of insurance affairs by the employment insurance affairs association. In this case, the “public corporation” shall be read as the “Minister of Labor” and the “insured” shall be read as the “business owner”. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 80-2 (Assistance to Employment Insurance Affairs Association) (1) The Minister of Labor shall pay, half-yearly, the employment insurance affairs association which transacts the insurance affairs delegated by a business owner under Article 64-2 of the Act, a collection expenses grant due to the payment of premiums (hereinafter referred to as the “collection expenses grant”) and other support due to the transaction of insurance affairs (hereinafter referred to as the “insurance affairs promotion support”). <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(2) The collection expenses grant shall be the amount equivalent to 1/100 of the paid amount where the actual results of payment of premiums and other collection money to be collected during the first or latter half of the relevant insurance year are not less than 80/100 but less than 95/100, and shall be the total sum of the amounts calculated by the following standards where the actual results of such payment are not less than 95/100: Provided, That where the employment insurance affairs association has reported the closure of business during the insurance year under Article 78 (3), the standards for the collection expenses grant shall be the actual results of payment of premiums and other collection money whose payment time expires between the first day of the first or latter half of the insurance year concerned and the 15th day of the middle month of the quarter to which the closure day of the business belongs: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1. The amount equivalent to 5/100 of the amount paid after receipt from the delegated business owner who ordinarily employs less than 16 workers;
2. The amount equivalent to 3/100 of the amount paid after receipt from the delegated business owner who ordinarily employs not less than 16 but less than 30 workers; and
3. The amount equivalent to 1/100 of the amount paid after receipt from the delegated business owner who ordinarily employs not less than 30 workers.
(3) In calculating the actual results of payment of premiums under paragraph (2), the amount paid by means of a disposition for arrears shall be excluded.
(4) The insurance affairs promotion support shall be paid half-yearly according to the following classification based on the size of the delegated business on condition that, if the delegated period of insurance affairs is not less than three months but less than six months, it shall be reduced by fifty percent, and if the period is less than three months, it shall not paid: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1. Business which ordinarily employs not more than 10 workers: eight thousand won per place of business;
2. Business which ordinarily employs not less than 11 but less than 30 workers: five thousand won per place of business; and
3. Business which ordinarily employs not less than 30 workers: three thousand won per place of business.
(5) Where the employment insurance affairs association intends to be paid the collection expenses grant and insurance affairs promotion support, it shall apply to the Minister of Labor for the payment of such grant and support after one month from the date when the first or latter half of the relevant insurance year terminates (where the discontinuation of business is reported under Article 78 (3), the discontinuation date). <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 80-3 (Restriction of Assistance to Employment Insurance Affairs Association) (1) The Minister of Labor may, where the employment insurance affairs association causes any loss in collecting premiums and other collection money, reduce the collection expenses grant and insurance affairs promotion support to the amount equivalent to the loss.
(2) The Minister of Labor may, where the employment insurance affairs association does not comply three times or more with the corrective order which is made by the head of the Employment Security Office concerned because it neglects or delays a report on the acquisition, loss, or change of qualifications for the insured, reduce the insurance affairs promotion support for the employment insurance affairs association by fifty percent.
[This Article Wholly Amended by Presidential Decree No. 16095, Feb. 1, 1999]
Article 81 (Applying Mutatis Mutandis)
The provisions of Articles 74 (excluding paragraph (1) 4 of the same Article) through 76, 79 through 79-5 and 80 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the payment and collection of the insurance premium. In this case, “public corporation” in Articles 74 (3) and 80 (2) shall become “Minister of Labor”; “insured” in Article 74 (2) and (3) shall become “business owner”; “notice” in subparagraph 2 of Article 75 shall be “report”; “provisions of Article 72 of the Act” in Article 76 (2) 2 shall be “provisions of Article 48 of the Employment Insurance Act”; “amount of insurance benefit” shall be “job-seeking benefit or the amount equivalent to the amount of job-seeking benefit”; and “3 chun/day” in Article 74 (4) shall be “4 chun/ day”. <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
Article 82 (Management Business, etc., of Fund) (1) The “methods to increase the fund determined by the Presidential Decree” in Article 67 (3) and (4) of the Act shall be the buying of negotiable securities which are issued by a specialized credit finance company who has registered under the Specialized Credit Financial Business Act the equipment rental company under the Equipment Rental Business Act or a juristic person established under special law. <Amended by Presidential Decree No. 15569, Dec. 31, 1997>
(2) The “certain level determined by the Presidential Decree” in Article 67 (4) of the Act shall be the rate of earnings determined by the Minister of Labor, taking into consideration the interest rate on a fixed deposit with a one-year expiration at a financial institution under the Banking Act.
Article 83 (Fund Accounting)
Accounting for the 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 “expenses determined by the Presidential Decree” in Article 68 (5) of the Act shall be the following expenses: <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
1. Expenses for management of insurance business;
2. Expenses for management/operation of the fund;
3. Subsidies related to employment insurance affairs association;
4. Payment of consignment fees for business or affairs under the Act; and
5. Contribution to the person who exercises by proxy or is entrusted with the business under the 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, payment of training expenses and training allowances, payment of unemployment benefits or refunds of insurance premium (hereinafter referred to as the “payment, etc., of insurance amount”) by entrusting the business to a financial institution under the Banking Act or to a communications agency.
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 planned of the reasons for expenditures 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, under Article 69 (2) of the Act, notify the public of the results of the fund operation every year in one or more special daily financial newspaper or general daily newspaper which has its main office in Seoul Special Metropolitan City.
Article 88 (Accounting Institution of Fund) (1) The Minister of Labor shall, from among the affiliated public officials, appoint a fund accounting commander to be in charge of affairs related to the collection of the insurance premium and reasons for expenditure of the fund, a fund accounting official to be in charge of affairs related to the accounts and expenditures of the fund, and a fund daily expense accounting official to be in charge of business related to insurance money payments under the fund.
(2) The fund accounting commander shall be in charge of contracts for management and operation, actions which provide cause for income or expenditure of the fund, and business related to collection or decisionmaking about fund earnings; the fund accounting official shall be in charge of income and expenditures in the process of management and operation of the fund; the fund daily expense accounting official shall be in charge of management of the fund transferred by the fund accounting official, and of payment matters.
(3) The provisions affecting a financial commissioner or tax collector in the Liability of Accounting Personnel, etc. Act, shall apply mutatis mutandis to the fund accounting commander, and the provisions affecting a disbursement commissioner or accounting official shall apply mutatis mutandis to the fund accounting official.
(4) The Minister of Labor shall notify the Chairman of the Board of Audit and Inspection and the Chairman of the Bank of Korea when appointing the fund accounting commander and fund accounting official. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 88-2 ( Repayment of Allowance)
The repayment of allowance referred to in Article 70 (3) of the Act shall be made from revenues of the business year upon the expiration of the period of repayment.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 89 (Designation of Transacting Bank)
The fund accounting official shall designate the Bank of Korea in its jurisdiction (including its main office, its branch office, its agency, or its national agency; hereinafter is the same), 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.
Article 90 (Procedure for Receipt of Fund Revenues) (1) When the fund accounting commander desires 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.
(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 fund accounting commander without delay.
(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 the fund accounting commander executes an expenditure cause, he shall send the documents related to the expenditure cause to the fund accounting official.
(2) When the fund accounting official desires to disburse money from the fund for expenditures caused by actions of the fund account commander, he shall issue a check with the Bank of Korea as the payer.
(3) The amount which has not been expended during the concerned fiscal year due to unavoidable reasons, after the fund accounting commander has executed the causes for expenditure, may be expended by carrying it forward to the next year.
Article 92 (Prohibition on Cash Dealings)
The fund accounting official may not keep or handle cash: there is an exception in the case where Article 65 of the Budget and Accounts Act is applied.
Article 93 (Assignment of Limit on Amount of Fund Expenditure Cause Actions) (1) The Minister of Labor shall assign to each fund accounting commander a limit on the amount of fund to be used for expenditure cause actions within the scope of the quarterly expenditure cause actions plan under Article 86 (2).
(2) The Minister of Labor shall assign a limit on the amount of expenditure to each fund accounting official within the scope of the monthly fund plan under Article 86 (2).
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