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 47~Article52

Article 47 (Authorization for Insurance Business Agencies) (1) Where it is intended to conduct insurance business on behalf of business owners pursuant to Article 33 (2) of the Act, the relevant person shall submit an application for authorization stating the details of such business, the area subject to delegation, etc. to COMWEL, along with the following documents:   <Amended by Presidential Decree No. 25629, Sep. 24, 2014>

1.If the person is a corporation specified in subparagraph 1 of Article 44: A copy of a document verifying that the person has obtained authorization or permission from the competent administrative agency or has filed a registration, etc. with such agency;

2.If the person is an individual specified in subparagraph 2 or 3 of Article 44: A copy of a document verifying that the person falls under subparagraph 2 or 3 of Article 44;

3.If the person is a corporation or organization: A copy of the relevant articles of incorporation or rules;

4. A copy of the rules (hereinafter referred to as "rules on the management of delegated insurance business") to be used when a contract for delegation of insurance business is concluded with business owners.

(2) The rules on the management of delegated insurance business shall include the following matters:

1. Procedures for delegating the management of insurance business as well as for terminating such delegation;

2. Method and procedures for managing insurance business;

3. Method and procedures for keeping accounts by the relevant insurance business agency;

4. Matters concerning the management of eligibility of the insured for employment insurance, as well as the management of an employment relationship with employees subject to industrial accident insurance;

5. Matters concerning reporting on the total remuneration and insurance premiums, as well as the liability to pay the same.

(3) Where a corporation or organization intends to be authorized to conduct insurance business on behalf of business owners pursuant to Article 33 (2) of the Act, its articles of incorporation, rules, etc. shall specify that such corporation or organization can conduct insurance business on behalf of business owners.

(4) "Matters prescribed by Presidential Decree, such as the area subject to delegation" in Article 33 (3) of the Act means the following:

1. Area subject to delegation;

2. Rules on the management of delegated insurance business.

(5) Where an insurance business agency intends to change any matters authorized pursuant to Article 33 (3) of the Act, it shall file an application for authorization with COMWEL seven days before the date it intends to change such matters; and where it intends to discontinue business delegated pursuant to Article 33 (4) of the Act, it shall report discontinuance thereof to COMWEL 30 days before the date it intends to discontinue such business.

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

Article 48 (Revocation of Authorization for Insurance Business Agencies) (1) Where an insurance business agency falls under any of the following cases, COMWEL may revoke its authorization therefor pursuant to Article 33 (5) of the Act: Provided, That where it falls under subparagraph 1, authorization therefor shall be revoked:

1.Where the insurance business agency obtains authorization by fraud or other improper means;

2. Where the insurance business agency suspends insurance business for at least two months without justifiable grounds;

3. Where the insurance business agency operates insurance business by fraud or other improper means;

4.Other cases where the insurance business agency violates any statute or fails to comply with any order issued under any statute.

(2) Upon revocation of its authorization for an insurance business agency pursuant to paragraph (1), COMWEL shall notify the insurance business agency and the business owner who has delegated insurance business thereto of the revocation without delay.

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

Article 49 (Hearings) Where COMWEL intends to revoke its authorization for an insurance business agency pursuant to Article 33 (5) of the Act, it shall hold a hearing.

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

Article 50 (Notice by Insurance business Agencies) Where an insurance business agency receives a notice, etc. on the payment of any insurance premium and other money collectable under the Act, pursuant to Article 34 of the Act, it shall notify the relevant business owner of such fact without delay.

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

Article 51 (Keeping, etc. of Books by Insurance Business Agencies) (1) An insurance business agency shall prepare and keep the following books for at least three years, pursuant to Article 36 of the Act:   <Amended by Presidential Decree No. 25629, Sep. 24, 2014>

1.A book on the management of collection business for each business owner who has delegated insurance business;

2. Deleted;  <by Presidential Decree No. 25629, Sep. 24, 2014>

3. A book on the management of insurance business other than collection business, such as reporting on the insured by business, and relevant documents;

4. Documents relating to delegation of insurance business between the insurance business agency and business owners;

5. and 6. Deleted.  <by Presidential Decree No. 25629, Sep. 24, 2014>

(2) Any document specified in paragraph (1) may be kept as an electronic document defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions.  <Amended by Presidential Decree No. 24076, Aug. 31, 2012.>

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

Article 52 (Subsidization for Insurance Business Agencies) (1) COMWEL may grant any of the following subsidies (hereinafter referred to as "subsidies for vicarious execution of insurance business") to insurance business agencies pursuant to Article 37 of the Act:

1.Where an insurance business agency delegated with insurance business by a business owner, whose regular workforce is less than 30, pays insurance premiums and other money collectable, the relevant subsidies (hereinafter referred to as "subsidies for vicarious execution of collection business") ;

2.Where an insurance business agency delegated with insurance business by a business owner, whose regular workforce is less than 30, manages insurance business, such as managing the insured for employment insurance or industrial accident insurance and reporting the total remuneration, the relevant subsidies ( hereinafter referred to as "subsidies for vicarious management, etc. of the insured");

3.Where an insurance business agency delegated with insurance business by a business owner, whose regular workforce is less than 30, reports the formation of an insurance relationship for employment insurance or industrial accident insurance, the relevant subsidies (hereinafter referred to as "subsidies for facilitation of application").

(2) Subsidies for vicarious execution of insurance business shall be granted in compliance with the standards determined by the Minister of Employment and Labor in consideration of the past payment performance of insurance premiums and other money collectable of the business owner who has delegated insurance business, the scale of his/her business, the past performance of management of the insured such as the acquisition and forfeiture of an insured status, the period of delegation, etc.; but subsidies for vicarious execution of collection business shall be granted semiannually, and subsidies for vicarious management, etc. of the insured and subsidies for facilitation of application shall be granted quarterly.  <Amended by Presidential Decree No. 23466, Dec. 30, 2011>

(3) Where an insurance business agency reports discontinuance of business during the insurance year pursuant to Article 33 (4) of the Act, the past payment performance of insurance premiums and other money collectable referred to in paragraph (2), shall be calculated based upon the past performance of insurance premiums and other money collectable paid during the period from the first day of the relevant half-year to the 15th day of the middle month of the quarter in which the date of discontinuance falls; but the amount paid by the relevant business owner, who has delegated insurance business, under a disposition on default taken pursuant to Article 28 of the Act shall be excluded therefrom.

(4) The period of delegation referred to in paragraph (2) shall be calculated from the date the relevant insurance business agency reports delegation of insurance business to COMWEL pursuant to Article 45 (3).

(5) Where an insurance business agency intends to receive subsidies for vicarious execution of insurance business, it shall file an application for payment of such subsidies with COMWEL, as prescribed by Ordinance of the Ministry of Employment and Labor, after the last day (referring to the date of discontinuance, if discontinuance of business has been reported pursuant to Article 33 (4) of the Act) of each half-year, for subsidies for vicarious execution of collection business and after the last day of each quarter, for subsidies for vicarious management, etc. of the insured and subsidies for facilitation of application.  <Amended by Presidential Decree No. 23466, Dec. 30, 2011>

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