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; Presidential Decree No. 16464, Jul. 1, 1999>
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: and
(a) 1/1000 in the case of the business in which the business operator ordinarily employs fewer than one hundred fifty persons;
(b) 3/1000 in the case of the business in which the business operator 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 operator 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 which is run directly by the State or a local government and employs not less than 1,000 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 operator shall be the total number of ordinarily employed workers in all of the businesses which are carried out by the business operator (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 operator 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 operator: 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 operators 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 operator 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 operators 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 operator 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 operator 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 71-2 (Subject Exempted from Report and Payment of Increase Estimated Premiums)
The term “business owner determined by the Presidential Decree” in the proviso of Article 60 (2) of the Act means the business owner employing less than five permanent workers who are calculated under the provisions of Article 69 (2) through (5).
[This Article Newly Inserted by Presidential Decree No.16705, Feb. 9, 2000]
Article 72 (Measures Following Change, etc., in Application to Insured Business) (1) The business operator , 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 file a report on the recalculated amount of the premium in accordance with the enlarged insured business under Article 60 of the Act and pay such premium, 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. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(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 Operator Delegating Insurance Affairs) (1) A business operator who may delegate insurance affairs under the latter part of Article 64 (1) of the Act shall be the business operator who ordinarily employs fewer than one hundred persons. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Even if the business operator 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 operator 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 operators’ 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 operators 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 operators 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 operators;
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 operators; 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 operator”. <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 operator 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 operator who ordinarily employs less than 16 workers;
2. The amount equivalent to 3/100 of the amount paid after receipt from the delegated business operator 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 operator 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 operator”; “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 in subparagraph 2 of Article 86.
(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 in subparagraph 2 of Article 86.
Article 94 (Report on Operational State of Fund) (1) The fund accounting commander shall make a report on the amount of funds collected and on fund expenditure cause actions, and the fund accounting official 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.
(2) Other necessary matters related to the report on fund operation 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 shall 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>
1. Documents on the general condition and analysis of the statement of accounts of the fund;
2. Financial statements such as balance sheet, profit and loss settlement, etc.;
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)
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 (Budget and Accounts Act Applied Mutatis Mutandis)
Matters which are not prescribed by the provisions of this Act or this Decree regarding the operation or management of the fund, shall be carried out under the provisions of the Budget and Accounts Act.
CHAPTER Ⅷ REQUEST FOR EXAMINATION AND REEXAMINATION
Article 98 (Qualifications of Examiner)
The employment insurance examiner (hereinafter referred to as “examiner”) under Article 75 of the Act shall be appointed from among the public officials affiliated with the Ministry of Labor and shall fulfill one of the following descriptions:
1. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and who has worked on affairs related to examinations or applications for reexaminations on employment insurance for more than one year;
2. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and has worked in employment insurance affairs for more than two years; and
3. Other persons who are recognized by the Minister of Labor as having the equivalent of the qualifications listed in paragraph (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 a Regional Labor Administration Office.
(2) Examiners shall take charge of examination affairs and case study on the request for examination of the Regional Labor Administration Office and its affiliated offices.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 99 (Method of Application for Challenge) (1) The application for challenge to the examiner under Article 75 (4) of the Act shall be in writing with the reasons clearly indicated.
(2) When the Minister of Labor receives the 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 Applicant)
The person who succeeds to the status of the examination applicant under Article 75 (5) of the Act shall report to the 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 the 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 the 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) Revision of the request for examination under Article 75-4 (2) of the Act requests the presentation of 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 the examiner revises the request for examination with his authority under Article 75-4 (2) of the Act, he shall notify this to the person concerned.
Article 103 (Notification of Transfer)
The notification of transfer of the request for examination under Article 75-5 (1) of the Act shall be in written form with the following matters stated:
1. Name and position of the examiner to be transferred;
2. Reason for transfer; and
3. Date of transfer.
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 (Application of Investigation for Trial) (1) The 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 which is the other party to claim;
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 the workers shall be recommended by the labor union and members representing the business operator shall be recommended by the business operators’ association, and each shall be commissioned by the Minister of Labor.
(2) The other members of the examination committee, excluding persons who represent the workers, persons who represent the business operator and members naturally included by virtue of their office, shall be commissioned by the Minister of Labor from among those who fall under one of the following categories: the standing members shall be commissioned by the Minister of Labor from among those who fall under the categories of 3 or 4: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. A person licensed as judge or prosecutor or lawyer;
2. A person currently holding office or who held office previously as an assistant professor or higher position in a university under the Higher Education Act;
3. A person currently holding office or who held office at the third level or higher as a public official;
4. A person who has worked in labor relations affairs for more than fifteen 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 member by virtue of office from among second-or-third level public officials who are in charge of employment matters in the Ministry of Labor.
Article 108 (Term of Office for Members) (1) The term of the examination committee members shall be three years and they may be reappointed. The term of the member by virtue of office under Article 107 (3) shall be the period during which he is in charge of the employment insurance affairs.
(2) The term of office of any member filling in a vacancy shall be the remaining period of the predecessor’s term.
Article 109 (Treatment of Members)
The standing members and the member by virtue of office who are present at the examination committee meeting may be paid an allowance within the budget.
Article 110 (Chairman and Vice-chairman) (1) The examination committee shall have one chairman and one vicechairman.
(2) The chairman of the examination committee shall be appointed by the Minister of Labor from among the standing members, and the vice-chairman of the committee shall be elected from among and by the members and appointed by the Minister of Labor. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 111 (Duties) (1) The chairman shall represent the examination committee and shall preside over the affairs of the examination committee.
(2) The vice-chairman shall assist the chairman and when the chairman is unable to perform his duties due to accident, the vice-chairman shall act for him.
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 15 days before the commencing of the meeting: Provided, That this does 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 Staff for Research and Study) (1) The Minister of Labor may have a staff to conduct special research and study on the affairs of reexamination of the examination committee under Article 76 (8) of the Act.
(2) The qualifications of staff members for research and study shall be prescribed by the Ordinance of the Ministry of Labor.
[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 may 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 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 inspection application under Article 76-3 (6) of the Act shall be in writing.
Article 116 (Applying Mutatis Mutandis)
The provision of Article 105 shall apply mutatis mutandis to the inspection of a request for re-examination. In this case the “examiner” shall be the “examination committee” or the “chairman”.
Article 117 (Method of Request for Re-examination) (1) The request for re-examination under Article 74 of the Act shall be a written document with the following matters stated:
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 re-examination to the examiner who made the decision; and
6. Date of request for re-examination.
(2) When the request for re-examination 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 re-examination shall have the following matters stated and the chairman of the examination committee and the members who were present at the examination 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 (Applying Mutatis Mutandis)
The provisions of Article 104 shall apply mutatis mutandis to the suspension of execution of the original disposition through the request for reexamination. In this case, “claim for examination” shall be “claim for reexamination”.
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
Article 120 (Obligation to Preserve Documents)
The business operator who is or was applicable to the Act and persons who are or were responsible heads of the employment insurance affairs association and are or were subject to the Act shall preserve all documents related to the insurance affairs for three years from their completion date.
Article 121 (Notices on Essentials of Act, etc.) (1) The business operator shall put up notices in a place where they are easily visible, to inform his workers on necessary matters related to essentials of provisions in Act and subordinate statutes concerning employment insurance that affect the workers and on the establishment of the insurance relationship.
(2) When the insurance relationship expires, the business operator , shall put up a notice to inform the workers of the expiration date.
Article 122 (Expenses for Diagnosis)
When the head of the employment security office orders a diagnosis under Article 82 of the Act, he may pay the actual expenses necessary for the diagnosis.
Article 123 (Delegation of Authority, etc.) (1) The Minister of Labor shall delegate the authority on matters falling under the following subparagraphs to the head of the employment security office under the provisions of Article 84 of the Act: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
1. The support for employment adjustment under the provisions of Article 16 of the Act;
2. The promotion of regional employment under the provisions of Article 17 of the Act;
3. The promotion of employment for the aged under the provisions of Article 18 of the Act;
3-2. The support for employment stabilization of construction workers, etc. under the provisions of Article 18-2 of the Act;
4. Restrictions on the support due to the acts of illegality under the provisions of Articles 20-2 and 26-3 of the Act;
5. The support for the professional ability development training for business operators under the provisions of Article 22 of the Act;
6. The support for the occupational ability development of the insured under the provisions of Article 24 of the Act;
7. The approval of dispositions taken to collect fees in arrears and deficit disposals under the provisions of Article 65 of the Act;
8. The report, the submission of relevant documents and the demand to be present under the provisions of Article 80 of the Act (limited to the case where such matters are needed to deal with the delegated administrative affairs;
9. The access to offices, questions to persons concerned and the investigation of documents under the provisions of Article 81 of the Act (limited to the case where such matters are needed to deal with the delegated administrative affairs);
10. The imposition and collection of fines for negligence under the provisions of Article 86 of the Act;
11. The financial support for the operation of workplace childcare facilities under the provisions of Article 24 (3) of the Act; and
12. The support for professional ability development training facilities for the operators of business subject to the preferential support under the provisions of Article 33 of the Act.
(2) Under Article 84 of the Act, the Minister of Labor shall delegate his authority on matters falling under any of the following subparagraphs to the Labor Welfare Corporation, (hereinafter referred to as the “Labor Welfare Corporation”) established under the Industrial Accident Compensation Insurance Act: <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>
1. The cancellation or approval of an insurance contract under the provisions of Article 9 (2) and (3) of the Act, the extinction of an insurance relationship under the provisions of Article 9 (4) of the same Act and the approval and cancellation of an insurance contract for a subcontractor under the provisions of Article 9 (5) of the same Act;
1-2. The across-the-board application of the business and the approval of the cancellation of the application under the provisions of Article 10-2 (2) and (3) of Act:
1-3. Insurance premiums and impositions under the Act from among the earnings of the fund, refunds under Article 48 of the Act( meaning the case where the mutatis mutandis application is made in Articles 49 (5) and 55 of the Act) and the arrangement of receipts of refunds under Article 26 (1) of this Decree (including the case where the mutatis mutandis application is made in Article 37);
2. The collection of insurance premiums under the provisions of Article 56 of the Act;
3. The survey collection, additional collection and reduction adjustment of rough insurance premiums under the provisions of Article 60 (3) of the Act;
4. The survey collection of final insurance premiums and other business involving returns and collections at the end of exact calculation under the provisions of 61 (2) of the Act;
5. The approval of an employment insurance cooperative established under Article 64 of the Act, a report on altering contents of the approval, the receipt of a report on the dissolution of an employment insurance cooperative and other administrative affairs involving employment insurance cooperatives;
6. The appropriation and return of insurance premiums paid in excess, the collection of additional insurance premiums and insurance premiums in arrears, the urging of payments of impositions, dispositions against insurance premiums in arrears and deficits disposal under the provisions of Article 65 of the Act;
7. The submission of reports and relevant documents, and the demand the attendance of meetings under the provisions of Article 80 of the Act (limited to the case where such matters are needed to deal with the delegated administrative affairs);
8. The access to offices, questions to persons concerned and the investigation of documents (limited to the case where such matters are needed to deal with the delegated administrative affairs) under the provisions of Article 81 of the Act;
8-2. The request for the submission of data under the provisions of Article 81-2 of the Act (limited to the case where deemed necessary for carrying out the entrusted affairs);
9. The selection of agents and the acceptance of a report on their dismissal under the provisions of Article 4 of the Act;
10. The receipt of a report on the establishment of an insurance relationship or the extinction of such a relationship under the provisions of Article 5;
11. The approval of a voluntary insurance contract for an employment safety project or the cancellation of the contract under the provisions of Article 6 (2) and (3);
12. The approval of the cancellation of an legal fiction insurance contract for an employment safety project under the provisions of Article 8;
13. The acceptance of a report on the alteration of the insurance relationship or the business subject (or not subject) to the preferential support under the provisions of Article 9;
14. The receipt of a report on the commencement of a business or the termination of a business under the provisions of Article 9-3;
15. The receipt of a report on the continued application of an insurance relationship under the provisions of Article 9-4;
16. The 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
17. The reduction adjustment of rough insurance premiums and returns under the provisions of Article 72.
(3) Under Article 84 of the Act, the Minister of Labor may entrust authority for the financing of expenses and the management or operation of loans for vocational training facilities, etc., under Article 32 of this Decree, to the Korea Manpower Agency, according to the Korea Manpower Agency Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(4) The head of the Labor Welfare Corporation or the head of Korea Manpower Agency shall appoint fund accounting directors from among the standing directors of the Corporation or the Agency, and fund accounting staff from among the staff thereof to carry out entrusted affairs pursuant to paragraphs (2) and (3), and file a report to the Minister of Labor. In this case, the fund accounting directors shall perform the works of the fund accounting commander, and the fund accounting staff, those of the fund accounting official. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(5) The provisions on a financial commissioner and revenue collector in the Liability of Accounting personnel, etc. Act, apply mutatis mutandis to the fund accounting director, and the provisions on disbursement officers and accounting official thereof, to the fund accounting staff, respectively. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(6) The Minister of Labor shall notify the Chairperson of the Board of Audit and Inspection and the President of the Bank of Korea of the appointments of the fund accounting directors and fund accounting staff pursuant to paragraph (4). <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(7) In the case of entrustment to the Labor Welfare Corporation, as in paragraph (2), an entrustment fee is paid from the general account.
CHAPTER Ⅹ PENAL PROVISIONS
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