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 29 to Article 30-3 on October 1, 2019

Article 29 (Level of Subsidization for Employment Insurance Premiums) The level of subsidization for the employment insurance premium referred to in Article 21 of the Act, shall be publicly notified by the Minister of Employment and Labor within the scope of the employment insurance premium borne by both the relevant business owner and employee, in consideration of the level, etc. of remuneration of the relevant employee, after consultation with the Minister of Health and Welfare.  <Amended by Presidential Decree No. 26809, Dec. 30, 2015; Presidential Decree No. 28484, Dec. 19, 2017>

[This Article Newly Inserted by Presidential Decree No. 23910, Jun. 29, 2012]

Article 29-2 (Method and Procedures for Subsidizing Businesses which Pay Monthly Insurance Premiums) (1) Where an insured employee who works in a business falling under Article 28 (1) 1 intends to receive subsidies for the relevant employment insurance premium because he/ she meets the requirements specified in Article 21 of the Act, the owner of the business or the insured employee shall file an application with COMWEL for subsidization for the employment insurance premium, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 26809, Dec. 30, 2015; Presidential Decree No. 28161, Jun. 27, 2017; Presidential Decree No. 29455, Dec. 31, 2018>

(2) Upon receipt of an application under paragraph (1), COMWEL shall grant subsidies after verifying whether the relevant business owner has paid the monthly insurance premium within the deadline referred to in Article 16-7 of the Act each month. In such case, COMWEL shall subsidize the employment insurance premium from the month in which the date of application for subsidization falls, to the end of the relevant insurance year; but it shall subsidize the employment insurance premium from the month in which the date the relevant report has been filed falls, if the relevant business owner fails to file any of the following reports within the deadline; and subsidize only the monthly insurance premiums for the persons listed in a report on confirmation of the details of employment,  <Amended by Presidential Decree No. 28161, Jun. 27, 2017>

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

2.A report on the acquisition of an insured status referred to in Article 15 of the Employment Insurance Act, for insured employees eligible for subsidization.

(3) Where a business receives subsidies for employment insurance premiums as at the end of the insurance year and the average monthly number of insured employees during the period subject to subsidization for the insurance premiums in the relevant insurance year is less than 10 persons, such business shall be deemed a business which files an application for subsidization under paragraph (1) on January 1 of the following insurance year and receives subsidies.  <Amended by Presidential Decree No. 28161, Jun. 27, 2017>

(4) Where a business fails to meet the requirements specified in Article 28 (1) 1 (c) and thus, fails to receive subsidies for employment insurance premiums, the relevant business owner shall not file an application for subsidization under paragraph (1) until the end of the relevant insurance year.  <Amended by Presidential Decree No. 28161, Jun. 27, 2017>

[This Article Newly Inserted by Presidential Decree No. 23910, Jun. 29, 2012]

Article 29-3 (Method and Procedures for Subsidizing Businesses which Report and Pay Employment Insurance Premiums) (1) Where an insured employee who works in a business falling under Article 28 (1) 2 intends to receive subsidies for the relevant employment insurance premium because he/she meets the requirements specified in Article 21 of the Act, the owner of the business or the insured employee shall file an application for subsidization for the employment insurance premium as prescribed by Ordinance of the Ministry of Employment and Labor, after the owner of the business reports and pays the employment insurance premium to COMWEL by the deadline specified in Article 19 of the Act.  <Amended by Presidential Decree No. 29455, Dec. 31, 2018>

(2) Upon receipt of an application for subsidization under paragraph (1), COMWEL shall calculate and subsidize the amount to be subsidized, for the employment insurance premium reported and paid by the relevant business owner pursuant to Article 19 of the Act: Provided, That where a business owner fails to report an insured status under Article 15 of the Employment Insurance Act by the deadline in relation to an insured employee eligible for subsidization, the employment insurance premium for such person shall be subsidized from the date his/her insured status is reported; and where an insured employee eligible for subsidization is a daily hire employee defined in subparagraph 6 of Article 2 of the Employment Insurance Act,

[This Article Wholly Amended by Presidential Decree No. 28161, Jun. 27, 2017]

Article 30 (Recovery of Subsidies for Employment Insurance Premiums) (1) Where any of the following grounds arises in relation to a business subsidized with employment insurance premiums, COMWEL shall recover the amount of subsidies classified as follows, pursuant to Article 21-2 of the Act:   <Amended by Presidential Decree No. 26809, Dec. 30, 2015; Presidential Decree No. 28161, Jun. 27, 2017>

1.Where the relevant business has received subsidies by filing an application by fraud or other improper means although it failed to meet the requirements for subsidization when it applied for subsidization: The total amount subsidized;

2.Where the relevant business is verified as having continuously received subsidies, even when the number of its insured employees as at the last day of each month during the relevant insurance year exceeded ten persons for three consecutive months after the commencement of subsidization for the employment insurance premiums: The amount subsidized after the month following the third month;

3.Where the amount of the average monthly remuneration calculated based on the total remuneration of the relevant employee eligible for subsidization, which has been reported by the relevant business owner pursuant to Article 16-10 (1), exceeds 110/100 of the upper limit of the average monthly remuneration publicly notified under Article 28 (3) (limited to where the employee eligible for subsidization is newly employed during the insurance year): The total amount subsidized for the employee;

4.Any other cases where a person ineligible for subsidization is verified as having received subsidies, due to the relevant business owner's failure to report or any other reason: The amount erroneously subsidized.

(2) Where a ground arises to recover a subsidy under paragraph (1), COMWEL shall notify the relevant business owner of such fact, and then notify him/her of the amount to be recovered and collect it.

(3) "Amount prescribed by Presidential Decree" in the proviso to Article 21-2 (1) of the Act means 3,000 won.  <Newly Inserted by Presidential Decree No. 25629, Sep. 24, 2014>

[This Article Newly Inserted by Presidential Decree No. 23910, Jun. 29, 2012]

Article 30-2 (Grounds, etc. for Reducing Insurance Premiums, etc. following Natural Disaster, etc.) (1) "Any other particular ground prescribed by Presidential Decree" in the former part of Article 22-2 (1) of the Act means a fire, explosion, disaster caused by war, or any other similar disaster.  <Amended by Presidential Decree No. 29950, Jul. 2, 2019>

(2) The reduction ratio in the latter part of Article 22-2 (1) of the Act shall be 30/100 of the insurance premium and other money collectable.

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

Article 30-3 (Amount of Insurance Premiums to be Reduced when Report is Filed through Information and Communications Network) Where a business owner reports on the total remuneration or the estimated insurance premium through the information and communications network for employment and industrial accidents under the main sentence of Article 22-2 (2) of the Act (excluding where the report is filed through an insurance business agency referred to in Article 45 (1)), COMWEL may reduce an employment insurance premium of 5,000 won and an industrial accident insurance premium of 5,000 won.

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