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 55~Article 56-8

Article 55 (Reporting, Submission and Inspection) (1) "Cases prescribed by Presidential Decree" in Articles 44 and 45 (1) of the Act means the following:

1.Where it is necessary to ascertain an insurance relationship, such as whether an insurance relationship is formed, changed or terminated;

2. Where it is necessary to ascertain matters related to calculating and collecting insurance premiums, such as the number of employees, total remuneration, and types of business;

3.Where it is necessary to ascertain whether an insurance business agency has managed insurance business unlawfully or unduly, or neglected to manage such business;

4.Where it is necessary to ascertain the facts in relation to payment of subsidies for vicarious execution of insurance business.

(2) The request for reports on, or submission of, relevant documents referred to in Article 44 of the Act, shall be made in writing.

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

Article 56 (Delegation and Entrustment of Authority) (1) The Minister of Employment and Labor shall delegate his/her authority concerning revocation of recognition of accident prevention activities referred to in Article 15 (6) of the Act, to the head of a local labor and employment agency pursuant to Article 46 (1) of the Act.  <Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013>

(2) The scope of the duties that COMWEL or the Health Insurance Service may entrust pursuant to Article 46 of the Act, shall be as follows:

1. Duties concerning receipt of insurance premiums and other money collectable;

2. Duties concerning return of erroneously paid amounts, such as insurance premiums;

3.Duties incidental to the duties specified in subparagraph 1 or 2.

(3) Where COMWEL or the Health Insurance Service entrusts its duties pursuant to paragraph (2), it may pay entrustment commissions to a person entrusted with such duties.  <Amended by Presidential Decree No. 25047, Dec. 30, 2013>

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

Article 56-2 (Approval for Budgets and Business Operation Plans) (1) Where the Health Insurance Service intends to obtain approval from the Minister of Employment and Labor for a budget for the following fiscal year pursuant to Article 46-2 (1) of the Act, it shall submit a budget request and prospectus according to the budget to him/her by May 31 each year.

(2) Where the Health Insurance Service intends to obtain approval from the Minister of Employment and Labor for a business operation plan pursuant to Article 46-2 (1) of the Act, it shall formulate and submit the business operation plan to him/her without delay after the budget approved under paragraph (1) is finalized.

(3) Where the Health Insurance Service intends to amend the budget and business operation plan approved under paragraphs (1) and (2), it shall submit a document stating the grounds for, and details of, the amendment to the Minister of Employment and Labor to obtain his/her approval.

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

Article 56-3 (Submission of Business Performance and Statement of Accounts) Where the Health Insurance Service intends to report business performance and the settlement of accounts to the Minister of Employment and Labor pursuant to Article 46-2 (2) of the Act, it shall submit a statement of accounts to him/her, along with the following documents:

1. Financial statements (including a written opinion of a certified public accountant or an auditor of an accounting corporation established under Article 23 of the Certified Public Accountant Act) and documents attached thereto;

2.Any other documents necessary to verify the details of the settlement of accounts.

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

Article 56-4 (Reporting on Status of Collection of Insurance Premiums, etc.) The Minister of Employment and Labor may require the Health Insurance Service to report, in writing, the status of insurance premiums, other money collectable, etc. for the preceding month it has collected, by the end of each month, pursuant to Article 46-2 (3) of the Act.

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

Article 56-5 (Self-Employed Persons Eligible for Employment Insurance) "Self-employed person meeting the requirements prescribed by Presidential Decree" in Article 49-2 (1) of the Act means a self-employed person meeting all the following requirements:   <Amended by Presidential Decree No. 24638, Jun. 28, 2013; Presidential Decree No. 26809, Dec. 30, 2015; Presidential Decree No. 28484, Dec. 19, 2017; Presidential Decree No. 29914, Jun. 25, 2019>

1.The self-employed person must have completed business registration under Article 168 of the Income Tax Act or Article 8 of the Value-Added Tax Act and is practically conducting business as at the time the person applies for purchase of an employment insurance policy;

2. The self-employed person has not received any job-seeking benefit under Article 69-3 of the Employment Insurance Act for the two-year period from the date of application for purchase of an employment insurance policy;

3.The self-employed person must not engage in any of the following types of business:

(a) Any business falling under any subparagraph of Article 2 (1) of the Enforcement Decree of the Employment Insurance Act;

(b) Renting of real estate (based on the classes according to the Korean Standard Industrial Classification).

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

Article 56-6 (Employment Insurance Premium Rates for Self-Employed Persons) (1) The employment insurance premium rates referred to in Article 49-2 (7) of the Act shall be as follows:

1. Insurance premium rate for employment security and vocational skills development programs: 25/10,000;

2. Insurance premium rate for unemployment benefits: 20/1,000.

(2) Where any insurance premium rate referred to in paragraph (1) is raised or lowered, COMWEL shall increase or reduce employment insurance premiums for self-employed persons.

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

Article 56-7 (Application Mutatis Mutandis) @Articles 31, 33, 37 through 40, 40-6, 41, and 43-2 shall apply mutatis mutandis to allocation and return of overpaid insurance premiums, etc., collection and overdue notice of arrears, and to disposition on default or write-off, for self-employed persons. In such cases, "business owner" shall be construed as "self-employed person".

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

Article 56-8 (Subsidization for Industrial Accident Insurance Management Organization) (1) Where the industrial accident insurance management organization conducts insurance business specified in any subparagraph of Article 46, pursuant to Article 49-5 (7) of the Act, relevant subsidies ( hereinafter referred to as "subsidies for the industrial accident insurance management organization") may be granted to such organization.

(2) The amount of subsidies for the industrial accident insurance management organization shall be calculated and paid quarterly in compliance with the standards determined by the Minister of Employment and Labor, such as the past performance of insurance business conducted by the industrial accident insurance management organization .

(3) Where the industrial accident insurance management organization intends to receive subsidies for the industrial accident insurance management organization, it shall file an application with COMWEL for payment of such subsidies after the last day of each quarter (referring to the date of termination of an insurance relationship, if the relationship has been terminated pursuant to Article 49-5 (3) of the Act), as prescribed by Ordinance of the Ministry of Employment and Labor.

(4) Subsidies for the industrial accident insurance management organization shall be borne by the Industrial Accident Compensation Insurance and Prevention Fund.

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]