国内政策【切换】 国际政策

Enforcement order of the "Act on the Collection of Insurance Premiums, etc.". Employment insurance and industrial accident compensation insurance [The implementation date is from Article 18-3 to Article 19-3 on October 1, 2019

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]

Article 19 (Withholding of Employment Insurance Premiums) Where a business owner intends to withhold an insurance premium of employment insurance (hereinafter referred to as "employment insurance premium") pursuant to Article 16 (1) of the Act, he/she shall deduct the equivalent of the employment insurance premium to be borne by the relevant insured employee from the amount to be paid to such employee, based on the amount calculated by aggregating the amount to be paid and the remunerations paid irregularly after the immediately preceding regular payday, whenever the business owner pays remuneration to such employee.

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

Article 19-2 (Businesses subject to Exclusion from Imposition and Collection of Monthly Insurance Premiums) "Businesses prescribed by Presidential Decree, such as construction business" in Article 16-2 (2) of the Act means the following businesses:

1. Construction business (excluding a construction equipment operation business);

2. Logging business, in forestry.

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

Article 19-3 (Grounds for Calculating Monthly Insurance Premiums on Daily Basis) "Grounds prescribed by Presidential Decree, such as temporary leave of the employee" in subparagraph 3 of Article 16-4 of the Act means any of the following:   <Amended by Presidential Decree No. 26809, Dec. 30, 2015>

1. Temporary layoff or temporary leave of an employee;

2. A maternity leave before and after childbirth, or a miscarriage/stillbirth leave referred to in Article 74 (1) through (3) of the Labor Standards Act;

3.Any other grounds recognized by the Minister of Employment and Labor as a state in which an employee does not provide labor.

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