国内政策【切换】 国际政策

Korea-Labor Law-Enforcement Order of Employment Insurance Law, January 1, 2001, Articles 113 to 124

Article 113 (Notification)

The notification of the examination date and place under Article 76-3 (1) of the Act shall be in written form, and it shall be delivered in person or by registered mail.

Article 114 (Application for Closed Proceedings)

The application for closed proceedings under 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 reexamination. In this case the “examiner” shall be the “examination committee” or the “chairman”.

Article 117 (Method of Request for Reexamination) (1) The request for reexamination under Article 74 of the Act shall be in a written document with the following matters stated:  <Amended by Presidential Decree No. 17090, Dec. 30, 2000>

1. Name and address of the claimant;

2. Matters of Article 101 (1) 2 through 4;

3. Name of the examiner who made the decision;

4. Date the decision became known;

5. Existence or nonexistence of notification and contents of notification related to the request for reexamination to the examiner who made the decision;

5-2. Purport of and reasons for the request for reexamination; and

6. Date of request for reexamination.

(2) When the request for reexamination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters of paragraph (1).

(3) The claimant or the agent shall sign and seal the documents of paragraph (1).

Article 118 (Written Adjudication)

The written adjudication on the request for reexamination shall have the following matters stated and the chairman of the examination committee and the members who 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 vocational stabilization agency 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 vocational stabilization agency 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 102 (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 employment stabilization activities 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 employment stabilization activities 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

Article 124 (Imposition of Fine for Negligence) (1) When the Minister of Labor imposes a fine for negligence under Article 86 (4) of the Act, the Minister of Labor shall indicate the type of offense committed, the amount of the fine for negligence, and the expiration date for payment, and shall notify these in writing to the person who is subject to the imposition of fine for negligence, after investigating and confirming the offense committed.

(2) When the Minister of Labor imposes a fine for negligence, he shall determine a period of not less than ten days during which the person who is subject to the fine may have an opportunity to state his defense. In this case, when no defense has been raised by the designated date, it is recognized that no defense will be raised.

(3) The Minister of Labor shall consider the motive and the result of the offense committed when he determines the amount of fine for negligence, and the criteria for such imposition shall be as the attached Table.  <Amended by Presidential Decree No. 17090, Dec. 30, 2000>

(4) The procedure for collecting the fine for negligence shall be determined by the Ordinance of the Ministry of Labor.  <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>

Supplementary provisions  ADDENDA

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 14628,  Apr. 15,  1995>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 14935,  Mar. 9,  1996>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDUM<Presidential Decree No. 15092,  Jun. 29,  1996>

This Decree shall enter into force on July 1, 1996.

Supplementary provisions  ADDENDA<Presidential Decree No. 15367,  May 8,  1997>

(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5, 9-2 through 9-4, 10 (2), 23-2, 35-2 and 68-2 shall enter into force on January 1, 1998.

Supplementary provisions  ADDENDA<Presidential Decree No. 15569,  Dec. 31,  1997>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 15581,  Dec. 31,  1997>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDUM<Presidential Decree No. 15587,  Dec. 31,  1997>

This Decree shall enter into force on January 1, 1998.

Supplementary provisions  ADDENDA<Presidential Decree No. 15624,  Feb. 12,  1998>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDUM<Presidential Decree No. 15683,  Feb. 24,  1998>

This Decree shall enter into force on the date of its promulgation.

Supplementary provisions  ADDENDA<Presidential Decree No. 15829,  Jul. 1,  1998>

(1) (Enforcement Date) This Decree shall enter into force on July 1, 1998: Provided, That amendments to Articles 27 through 30, 30-2, 31 (limited to those that convert “vocational training or education and training” into “vacational abilities development training”), 32, 33, 34, 34-2,35, 35-2, 36, 37, 69, 76, 123 (1) 5, 22-2, 24, 26 and 27 shall enter into force on January 1, 1999.

Supplementary provisions  ADDENDA<Presidential Decree No. 15902,  Oct. 1,  1998>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 16093,  Jan. 29,  1999>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 16095,  Feb. 1,  1999>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 16464,  Jul. 1,  1999>

(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That The amended provisions of Article 123 shall enter into force on October 1, 1999 while the amended provisions of Article 69 (1) 2 (d) shall enter into force on January 1, 2000.

Supplementary provisions  ADDENDA<Presidential Decree No. 16705,  Feb. 9,  2000>

Article 1 (Enforcement Date)

Supplementary provisions  ADDENDA<Presidential Decree No. 17090,  Dec. 30,  2000>

Article 1 (Enforcement Date)

This Decree shall enter into force on January 1, 2001: Provided, That the amendments to Articles 27 (3), 30 (2), 30-2 (5), 31 (4) through (6), 32 (1) and (4), 33 (2), 34-2 (4), 44 (3), 49 (2) and 124 (4) shall enter into force on March 1, 2001, and the amendments to Articles 19, 26-2, 26-3, and subparagraphs 6 and 7 of Article 45 on July 1, 2001.

Article 2 (Application Example to Ceiling of Support for Expenses)

The amendments to Article 30 (2) shall be applicable from the training for vocational ability development first performed for those who are not the workers employed at the relevant business after March 1, 2001.

Article 3 (Application Example to Support for Subsidies for Taking Lectures)

The amendments to Article 30-2 (1) 1 shall be applicable from those who undergo the training for vocational ability development to be first performed after January 1, 2001.

Article 4 (Application Example to Loan of Expenses for Training for Reemployment of Unemployed Persons)

The amendments to Article 31 (4) and (5) shall be applicable from those who undergo the training for reemployment of the unemployed to be first performed after March 1, 2001.

Article 5 (Application Example to Loan of Expenses for Facilities for Vocational Abilities Development Training)

The amendments to Article 32 (1) shall be applicable from those who first execute the vocational abilities development training under Article 25 (1) of the Act after March 1, 2001.

Article 6 (Application Example to Support for Vocational Abilities Development of Construction Workers)

The amendments to Article 35-2 (1) shall be applicable from those who undergo the vocational abilities development training to be first performed after January 1, 2001.

Article 7 (Transitional Measures on Employment Maintenance Support Payment)

With respect to the business operators who have performed the employment maintenance measures under the previous provisions as of January 1, 2001, the employment maintenance support payment shall, notwithstanding the amendments to Articles 17 and 17-3, be paid pursuant to the previous provisions.

Article 8 (Transitional Measures on Employment Promotion Subsidies)

With respect to the business operators who have employed those who are separated from jobs by an employment adjustment under the previous provisions of Article 19 as of July 1, 2001, the employment promotion subsidies shall, notwithstanding the amendments to Article 19, be paid pursuant to the previous provisions.

Article 9 (Transitional Measures on Reemployment Promotion Subsidies)

With respect to the business operators who have reemployed those who are separated from the relevant business place by an employment adjustment under the previous provisions as of January 1, 2001, the reemployment promotion subsidies shall, notwithstanding the amendments to Article 192 (1), be paid pursuant to the previous provisions.

Article 10 (Transitional Measures on Promotion Subsidies for Employment of Aged)

With respect to the business operators who have employed the aged under the previous provisions as of January 1, 2001, the promotion subsidies for employment of the aged shall, notwithstanding the amendments to Article 22, be paid pursuant to the previous provisions.

Article 11 (Transitional Measures on Employment Promotion Subsidies for Long Unemployed)

With respect to the business operators who have employed the long unemloyed under the previous provisions as of January 1, 2001, the employment promotion subsidies for long unemployed shall, notwithstanding the amendments to Article 22-2, be paid pursuant to the previous provisions.

Article 12 (Transitional Measures on Employment Promotion Subsidies for Women)

With respect to the business operators who have employed the female workers under the previous provisions as of January 1, 2001, the employment promotion subsidies for women shall, notwithstanding the amendments to Article 23, be paid pursuant to the previous provisions.

Article 13 (Transitional Measures on Ceiling on Amount of Basic Daily Wage for Benefit)

With respect to those who have been separated from jobs prior to January 1, 2001, the amount of basic daily wage for benefit pursuant to the previous provisions shall, notwithstanding the amendments to Article 48 (1), be applied.

Article 14 (Transitional Measures on Commissioning and Appointment of Examination Committee Members)

The members, the standing members, the chairman and the vice chairman of the examination committee who were commissioned or appointed pursuant to the previous provisions as of January 1, 2001, shall be deemed to have been commissioned or appointed pursuant to this Decree notwithstanding the amendments to Articles 107 and 110. In this case, their term of office shall be reckoned from the date of commissioning or appointment pursuant to the previous provisions.

Article 15 (Provisional Measures on Supporting Payment for Employment Maintenance)

The Minister of Labor shall, in case where the business operators who have taken over the business wherein the employment adjustment was unavoidable due to the managerial reasons during the period from January 1, 2001 to December 31, 2001 satisfy the requirements falling under any of the following subparagraphs, pay the amount computed by multiplying the amount publicly notified by the Minister of Labor by business size by the number of re-posted workers as the supporting payment for employment maintenance. In this case, matters on the application procedures for supporting payments and the documents to be submitted shall be determined by the Minister of Labor, and with respect to the persons who received or intended to receive the supporting payments for employment maintenance by falsity and other unlawful means, the provisions of Article 26 shall be applied mutatis mutandis:

1. Not less than 60 percent of workers at the previous business shall be re-posted to the relevant business;

2. Not less than 25 percent of workers at the previous business shall have acquired the shares in the relevant business in excess of 50 percent; and

3. The measures for employment stabilization which are determined and publicly notified by the Minister of Labor shall be taken.