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 41~Article 46

Article 41 (Write-Off of Money Collectable) (1) "Cases prescribed by Presidential Decree" in Article 29 (1) 3 of the Act means any of the following:

1.Where the whereabouts of the relevant defaulter are unknown;

2. Where the relevant defaulter has no property; or it has been verified that no balance is expected after the estimated value of the defaulter's total property, which is subjected to a disposition on default, is allocated to expenses for disposition on default;

3.Where it has been verified that no balance is expected after the relevant defaulter's total property, which is subjected to a disposition on default, is allocated to discharging obligations, such as national taxes or local taxes which take precedence over insurance premiums and other money collectable;

4.Where a company in arrears is exempt from insurance premiums, etc. pursuant to Article 251 of the Debtor Rehabilitation and Bankruptcy Act.

(2) Where the Health Insurance Service intends to take a disposition on default pursuant to paragraph (1) 1, it shall inquire with the competent Si/Gun or tax office or any other agency to investigate and verify the relevant defaulter's whereabouts or property: Provided, That this shall not apply where the amount in arrears is less than 100,000 won.

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

Article 41-2 (Request, etc. for Data on Default or Write-Off) (1) A person who requests data on the personal information, amount in arrears, or amount written off, of defaulters or persons whose amount in arrears is written off (hereinafter referred to as "data on default, etc.") pursuant to Article 29-2 (1) of the Act, shall submit to the Health Insurance Service a document specifying the following matters:

1. The requester's name and address;

2. Details of the data on default, etc. requested, and the purpose of using the data.

(2) Upon receipt of a request for data on default, etc. under paragraph (1), the Health Insurance Service may provide the data by an electronic file prepared under Article 41-4 (1) or in writing.

(3) Where the Health Insurance Service provides data on default, etc. pursuant to paragraph (2), if a cause arises to pay an amount in arrears or to cancel a disposition on default, it shall notify the requester of such fact, within 15 days from the date such cause arises.

(4) Matters necessary for requesting and providing data on default, etc. under paragraphs (1) through (3), shall be determined by the Health Insurance Service.

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

Article 41-3 (Grounds for Exclusion from Provision of Data on Default or Write-Off) "Ground prescribed by Presidential Decree, such as deferment of a disposition on default" in the proviso to Article 29-2 (1) of the Act means any of the following:

1. Where the Health Insurance Service defers a disposition on default for the defaulter falling under Article 29-2 (1) 1 or 2 of the Act (hereafter in this Article, referred to as "defaulter");

2.Where the Health Insurance Service deems that the defaulter is unable to pay the amount in arrears due to any of the following reasons:

(a) Where his/her property is significantly lost due to a disaster or theft;

(b) Where his/her business suffers a significant loss or serious crisis.

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

Article 41-4 (Preparing Data Files on Default or Write-Off) (1) The Health Insurance Service may prepare data on default, etc. by an electronic file.

(2) Matters necessary for arranging and managing data on default, etc. prepared by an electronic file pursuant to paragraph (1), shall be determined by the Health Insurance Service.

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

Article 42 (Settlement and Payment of Industrial Accident Insurance Premiums and Charges)COMWEL or the Health Insurance Service shall settle the accounts for industrial accident insurance premiums collected or paid pursuant to Article 31 (5) of the Act; charges referred to in Article 9 of the Wage Claim Guarantee Act; and alloted charges imposed on persons specified in Article 31 (1) 1 of the Asbestos Injury Relief Act (including the amount in arrears and additional dues for each alloted charge) each month, to transfer such insurance premiums and charges to the Industrial Accident Compensation Insurance and Prevention Fund established under Article 95 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance and Prevention Fund"); the Wage Claim Guarantee Fund established under Article 17 of the Wage Claim Guarantee Act (hereinafter referred to as the "Wage Claim Guarantee Fund"); and to the Asbestos Injury Relief Fund established under Article 24 of the Asbestos Injury Relief Act (hereinafter referred to as the "Asbestos Injury Relief Fund).

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

Article 43 (Accounting Agencies for Insurance Premiums, etc.)The President of COMWEL or the President of the Health Insurance Service may appoint a revenue collection officer for the Industrial Accident Compensation Insurance and Prevention Fund, the Wage Claim Guarantee Fund, the Asbestos Injury Relief Fund, and the Employment Insurance Fund established under Article 78 of the Employment Insurance Act (hereinafter referred to as the "Employment Insurance Fund"), from among standing directors of COMWEL or the Health Insurance Service; and may appoint an official in charge of receipts and disbursements of the Industrial Accident Compensation Insurance and Prevention Fund, the Wage Claim Guarantee Fund, the Asbestos Injury Relief Fund, and the Employment Insurance Fund, from among officials of COMWEL or the Health Insurance Service,

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

Article 43-2 (Service of Documents) Where COMWEL or the Health Insurance Service intends to serve a document on insurance premiums and other money collectable under the Act by mail pursuant to Article 32 (2) of the Act, it may do so by general mail.

[This Article Newly Inserted by Presidential Decree No. 22408, Sep. 29, 2010]

Chapter IV INSURANCE BUSINESS AGENCIES

Article 44 (Insurance Business Agencies) "Corporation, certified public labor practitioner, or tax accountant meeting the standards prescribed by Presidential Decree" in the former part of Article 33 (1) of the Act means any of the following persons:   <Amended by Presidential Decree No. 25629, Sep. 24, 2014>

1.A corporation that has obtained authorization or permission from the competent administrative agency, or has filed a registration, etc. with such agency pursuant to relevant statutes;

2.A person registered under Article 5 of the Certified Public Labor Attorney Act, who has engaged in the duties referred to in Article 2 of the same Act for at least two years;

3.A person registered under Article 6 of the Certified Tax Accountant Act and performing the duties referred to in Article 2 of the same Act for at least two years, who has completed the education prescribed by the Minister of Employment and Labor.

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

Article 45 (Scope of Business Owners Permitted to Delegate Insurance Business) (1) A business owner who is a policyholder under Article 5 of the Act may delegate insurance business to an organization, corporation, certified public labor attorney, or tax accountant (hereinafter referred to to as "insurance business agency") authorized by COMWEL in order to conduct insurance business on its behalf under Article 33 (1) of the Act.  <Amended by Presidential Decree No. 25629, Sep. 24, 2014; Presidential Decree No. 29455, Dec. 31, 2018>

(2) Deleted.  <by Presidential Decree No. 29455, Dec. 31, 2018>

(3) Where insurance business is delegated by a business owner referred to in paragraph (1) or delegation of insurance business is terminated, the relevant insurance business agency shall report such fact to COMWEL, within 14 days from the date insurance business is delegated or terminated.

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

Article 46 (Scope of Insurance Business subject to Delegation) The scope of business permitted to be delegated to an insurance business agency under the latter part of Article 33 (1) of the Act, shall be as follows:

1.A report on the total remuneration, etc. referred to in Article 16-10 of the Act;

2. A report on the estimated insurance premium and finalized insurance premium;

3. Business concerning the management of eligibility of the insured for employment insurance;

4. A report on the formation, change, or termination of an insurance relationship;

5.Any other business concerning insurance that business owners must report to a local labor office or COMWEL.

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