国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE ACT ON THE COLLECTION OF INSURANCE PREMIUMS, ETC. FOR EMPLOYMENT INSURANCE AND INDUSTRIAL ACCIDENT COMPENSATION INSURANCE Enforcement Date 01. Oct, 2019Article 18

Article 18 (Increase or Decrease Percentages for Individual Performance Rates) (1) An industrial accident insurance premium rate under Article 15 (2) of the Act shall be raised or lowered based on the percentages specified in attached Table 1.

(2) Where COMWEL has decided to raise or lower an industrial accident insurance premium rate under Article 15 (2) of the Act, it shall notify the relevant business owner of the raised or lowered industrial accident insurance premium rate without delay.

[This Article Wholly Amended by Presidential Decree No. 22408, Sep. 29, 2010]

Article 18-2 (Application of Industrial Accident Prevention Rate) (1) Accident prevention activity referred to in Article 15 (4) of the Act means any of the following activities:   <Amended by Presidential Decree No. 25251, Mar. 12, 2014; Presidential Decree No. 29455, Dec. 31, 2018>

1.Business owners conducting risk assessment in relation to hazardous or dangerous factors caused by buildings, machinery and apparatus, equipment, raw materials, gases, steam, dust, etc., or by specific work behaviors or duties, under Article 41-2 ( 1) of the Occupational Safety and Health Act;

2. Business owners completing educational courses relating to accident prevention determined and publicly notified by the Minister of Employment and Labor; and formulating an accident prevention plan to prevent accidents in a place of business;

3.Business owners reducing the working hours per week by 52 hours or less, pursuant to the criteria determined by the Minister of Employment and Labor.

(2) The rate of reduction of an industrial accident insurance premium rate (hereinafter referred to as “rate of reduction”) for each accident prevention activity referred to in paragraph (1), shall be the rate computed based on the following relevant calculation formula , and the resulting number shall be rounded off to the third decimal place. In this case, if a business owner engages in the accident prevention activities referred to in paragraph (1) 1 and 2 all together (including engaging in the same accident prevention activity at least two times; hereafter in this Article the same shall apply), the rates of reduction calculated by the formulas under subparagraphs 1 and 2, whichever is greater, shall apply to the business owner, and,  <Amended by Presidential Decree No. 29455, Dec. 31, 2018>

1.In cases falling under paragraph (1) 1:

(20 x the number of days of recognition of accident prevention activities for the preceding year) / (100 x 365)

2.In cases falling under paragraph (1) 2:

(10 x the number of days of recognition of accident prevention activities for the preceding year) / (100 x 365)

3.In cases falling under paragraph (1) 3:

(10 x the number of days of recognition of accident prevention activities for the preceding year) / (100 x 365)

[This Article Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013]

Article 18-3 (Recognition Period, etc. for Accident Prevention Activities) (1) The recognition period for each category of accident prevention activities referred to in Article 15 (4) of the Act shall be classified as follows:   <Amended by Presidential Decree No. 29455, Dec. 31, 2018>

1. In cases falling under Article 18-2 (1) 1: Three years from the date accident prevention activities are recognized;

2. In cases falling under Article 18-2 (1) 2: One year from the date accident prevention activities are recognized;

3. In cases falling under Article 18-2 (1) 3: Until June 30, 2021 from the date accident prevention activities are recognized.

(2) The industrial accident prevention rate shall apply even when a business owner recognized for accident prevention activities employs regular workforce exceeding the number of regular workforce referred to in Article 15 (4), during the recognition period for accident prevention activities referred to in paragraph (One).

[This Article Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013]

Article 18-4 (Period subject to Industrial Accident Prevention Rate) The period to which the industrial accident prevention rate is applied under Article 15 (4) of the Act, shall be the period from the insurance year following the year in which the date accident prevention activities have been recognized falls, to the insurance year following the year in which the date the recognition of accident prevention activities has been terminated or revoked (excluding the case specified in Article 15 (6) 1 of the Act) falls.

[This Article Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013]

Article 18-5 (Grounds, etc. for Exception to Revocation of Recognition of Accident Prevention Activities) (1) "Accident prescribed by Presidential Decree" in the proviso of Article 15 (6) 2 of the Act means the following:

1.An accident caused by a traffic accident that occurs outside a place of business, such as a traffic accident referred to in Article 29 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act;

2. An accident caused by an accident that occurs during an event referred to in Article 30 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act;

3. An accident caused by an accident in a particular place referred to in Article 31 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act;

4.An accident caused by an accident during medical care referred to in Article 32 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act;

5.An accident caused by an accident that occurs due to a third party's act referred to in Article 33 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act;

6.Any other accident determined and publicly notified by the Minister of Employment and Labor, which is not directly related to the duties of a business owner.

(2) "Where any other grounds prescribed by Presidential Decree exist" in Article 15 (6) 3 of the Act means any of the following:   <Amended by Presidential Decree No. 29455, Dec. 31, 2018>

1.Where a place of business for which the frequency of industrial accidents, the accident rate, the order thereof, etc. have been published pursuant to Article 9-2 of the Occupational Safety and Health Act during the recognition period for accident prevention activities, falls under Article 8-4 (1) and (2) of the Enforcement Decree of the Occupational Safety and Health Act;

2. Where measures taken based on the risk assessment referred to in Article 18-2 (1) 1, fail to meet the criteria determined and publicly notified by the Minister of Employment and Labor;

3.Where measures reducing the working hours under Article 18-2 (1) 3, fail to meet the criteria determined by the Minister of Employment and Labor.

[This Article Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013]

Article 18-6 (Agency Entrusted with Duties) "Agency prescribed by Presidential Decree" in Article 15 (9) of the Act means the Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act.

[This Article Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013]