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 37~Article 40

Article 37 (Request, etc. for Vicarious Implementation of Public Auction) (1) Where the Health Insurance Service requests Korea Asset Management Corporation established under Article 6 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Companies and the Establishment of Korea Asset Management Corporation (hereinafter referred to as "Korea Asset Management Corporation") to publicly auction seized property on its behalf, under the former part of Article 28 (2) of the Act, it shall send Korea Asset Management Corporation a request for vicarious implementation of a public auction specifying the following matters:   <Amended by Presidential Decree No. 25279, Mar. 24, 2014>

1. Name and address/residence of the relevant defaulter;

2. Type, quantity, quality, and location of property for public sale;

3. Details of, and payment deadline for, insurance premiums and other money collectable which relate to seizure;

4.Any other matters necessary for vicariously implementing a public auction of seized property.

(2) Upon requesting the vicarious implementation of a public auction under paragraph (1), the Health Insurance Service shall notify the relevant defaulter; the owner of collateral; the person who has a right to lease on a deposit basis, a pledge right, a mortgage, or any other right to relevant property; or the person who keeps seized property of such fact without delay.

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

Article 38 (Delivery of Seized Property) (1) When requesting the vicarious implementation of a public auction pursuant to Article 37 (1), the Health Insurance Service may deliver property, which it occupies or has requested a third party to keep, to Korea Asset Management Corporation: Provided, That with respect to property that it has requested a third party to keep, the delivery of a custody certificate of relevant property issued by the third party may be in lieu of the delivery of such property.

(2) When Korea Asset Management Corporation receives seized property pursuant to paragraph (1), it shall prepare a statement of transfer and receipt of such property.

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

Article 39 (Request for Cancellation of Vicarious Implementation of Public Auction) (1) Where any property exists which is not sold by public auction within two years after receipt of a request for vicarious implementation of a public auction, Korea Asset Management Corporation may require the Health Insurance Service to cancel its request for vicarious implementation of a public auction of such property.

(2) Upon receipt of a request for the cancellation under paragraph (1), the Health Insurance Service shall comply with such request, except in extenuating circumstances.

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

Article 40 (Details about Vicarious Implementation of Public Auction) Except as otherwise expressly provided for in this Decree, matters necessary for public auctions vicariously implemented by Korea Asset Management Corporation under the former part of Article 28 (2) of the Act, shall be determined by the Health Insurance Service after consultation with Korea Asset Management Corporation.

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

Article 40-2 (Value of Inherited Property) (1) The value of inherited property referred to in Article 28-3 (1) of the Act and the former part of Article 28-3 (2) of the Act, shall be the remainder after deducting the total amount of liabilities and inheritance tax to be imposed or paid because of the relevant inheritance, from the total amount of assets inherited.

(2) The value of the total amount of assets and the total amount of liabilities referred to in paragraph (1), shall be assessed based on the assessment methods specified in Articles 60 through 66 of the Inheritance Tax and Gift Tax Act.

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

Article 40-3 (Reporting on Representative of Heirs) (1) A report on the representative of heirs referred to in the latter part of Article 28-3 (2) of the Act, shall be filed in writing stating the representative's name and address /residence and other necessary matters, within 30 days from the date inheritance commences.

(2) Where the report referred to in the latter part of Article 28-3 (2) of the Act is not filed, the Health Insurance Service may designate any of the relevant heirs as their representative. In such cases, the Health Insurance Service shall send each heir a document stating its intention to designate a representative, without delay.

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

Article 40-4 (Grounds, etc. for Exclusion from Disclosure of Personal Information of Persons in Arrears with Large Amount or in Habitual Arrears) (1) Where the Health Insurance Service discloses personal information, etc. of a defaulter under the main sentence of Article 28-6 (1) of the Act, it shall disclose the name, trade name (including the name of the relevant corporation), age and address of the defaulter, the type, payment deadline and amount of arrears, the outline of default, etc.; and where the defaulter is a corporation, the representative of the corporation shall also be disclosed.

(2) "Any other ground prescribed by Presidential Decree, such as partial payment of the amount in arrears" in the proviso to Article 28-6 (1) of the Act means any of the following:

1. Where at least 30/100 of the insurance premium in arrears, other money collectable, and expenses for disposition on default (hereinafter referred to as "amount in arrears") has been paid in the relevant insurance year;

2.Where the defaulter is in the grace period of collection after the collection of the amount in arrears is deferred following a decision to grant authorization for a rehabilitation plan referred to in Article 243 of the Debtor Rehabilitation and Bankruptcy Act; or pays the amount in arrears according to the payment schedule specified in the rehabilitation plan;

3.Where the Deliberative Committee on Disclosure of Insurance Premium Information established under Article 28-6 (2) of the Act deems that disclosure of the defaulter's personal information is not actually beneficial, such as where the relevant business suffers a serious crisis due to a significant property loss caused by a disaster, etc.

(3) Where the Health Insurance Service notifies a person subject to disclosure of personal information, etc. of defaulters that he/she is subject to the disclosure pursuant to Article 28-6 (3) of the Act, it shall urge him/her to pay the amount in arrears; and where the relevant person falls under the grounds for exclusion from disclosure of personal information, etc. specified in the proviso to Article 28-6 (1) of the Act, it shall guide him/her on the submission of relevant explanatory materials.

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

Article 40-5 (Composition and Operation of Deliberative Committee on Disclosure of Insurance Premium Information) (1) The Deliberative Committee on Disclosure of Insurance Premium Information established under Article 28-6 (2) of the Act (hereinafter referred to as the "Committee ") shall be comprised of 11 members, including one Chairperson.

(2) A standing director in charge of relevant affairs, among executive officers of the Health Insurance Service, shall serve as the Chairperson of the Committee; and members of the Committee shall be appointed or commissioned by the President of the Health Insurance Service from among the following persons:

1. One official of COMWEL;

2. Three officials of the Health Insurance Service;

3.One public official of Grade III or IV of the Ministry of Employment and Labor, who is in charge of collection affairs concerning employment insurance and industrial accident compensation insurance;

4. One public official of Grade III or IV of the National Tax Service;

5. Four persons with extensive knowledge about and experience in law, accounting, or social insurance.

(3) The term of office of each committee member referred to in paragraph (2) 5 shall be two years.

(4) Meetings of the Committee shall commence with the attendance of a majority of all incumbent members, including the Chairperson; and resolutions shall be adopted with the consent of a majority of the members present.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for composing and operating the Committee shall be prescribed by the Health Insurance Service.

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

Article 40-6 (Application Mutatis Mutandis of Enforcement Decree of Framework Act on National Taxes)@Articles 13 through 17 of the Enforcement Decree of the Framework Act on National Taxes shall apply to the provision of security for payment to defer a disposition on default of any insurance premium and other money collectable. In such cases, "security for tax payment" shall be construed as "security for payment"; "national tax", as "insurance premium"; "insurance policy for guarantee of tax payment", as "insurance policy for guarantee of payment"; "Commissioner of the National Tax Service", as "Minister of Employment and Labor"; "head of a tax office" or "head of the competent tax office", as "Health Insurance Service"; "taxpayer", as "business owner"; "security for tax payment", as "

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