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 30-4 to Article 36 on October 1, 2019

Article 30-4 (Amount of Insurance Premiums to be Reduced for Automatic Transfer) Where a business owner pays the monthly insurance premium or the estimated insurance premium by automatic transfer pursuant to Article 22-2 (3) of the Act, COMWEL may reduce the monthly employment insurance premium and the monthly industrial accident insurance premium by 250 won, respectively; or reduce the estimated employment insurance premium and the estimated industrial accident insurance premium by 250 won, respectively, each quarter.

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

Article 30-5 (Exemption from Employment Insurance Premiums, etc.) (1) Where a business owner falls under Article 22-3 of the Act, the employment insurance premium and relevant arrears (hereinafter referred to as "employment insurance premium, etc.) ") before the reporting date of acquisition of an insured status, shall be exempted according to the following classifications:

1.Where a business owner reports the acquisition of an insured status from July 1, 2012 to June 30, 2013: All of the employment insurance premium, etc.;

2.Where a business owner reports the acquisition of an insured status after the period specified in subparagraph 1: 50/100 of the employment insurance premium, etc.

(2) The Minister of Employment and Labor shall not grant the relevant subsidy to a business owner, who is exempt from the employment insurance premium, etc. under paragraph (1), during the exemption period, even if a cause arises to grant the relevant employee the subsidy under the employment security programs or vocational skills development programs referred to in Chapter III of the Employment Insurance Act.

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

[This Article shall remain in force until June 30, 2014 pursuant to Article 2 of the Addenda to Presidential Decree No. 23910, Jun. 29, 2012]

Article 31 (Allocation and Return of Overpaid Insurance Premiums, etc. and Interest thereon) (1) Deleted.  <by Presidential Decree No. 19973, Mar. 27, 2007>

(2) Where a business owner has erroneously paid any insurance premium or other money collectable or receives insurance benefits pursuant to Article 89 of the Industrial Accident Compensation Insurance Act, he/she may request COMWEL to allocate the amount erroneously paid or the insurance benefits, to the insurance premium or other money collectable for the following year.  <Amended by Presidential Decree No. 22408, Sep. 29, 2010>

(3) Where COMWEL has decided to preferentially allocate the insurance premium, etc. erroneously paid or insurance benefits, to the insurance premium or other money collectable or to return any residual money to the relevant business owner pursuant to Article 23 (1) through (3) of the Act, it shall notify the business owner of such decision.  <Amended by Presidential Decree No. 22408, Sep. 29, 2010>

(4) "Interest rate prescribed by Presidential Decree" in the main sentence of Article 23 (4) of the Act means the interest rate of the additional refund of national taxes referred to in Article 43-3 (2) of the Enforcement Decree of the Framework Act on National Taxes.  <Amended by Presidential Decree No. 22408, Sep. 29, 2010; Presidential Decree No. 23910, Jun. 29, 2012>

Article 32 (Exceptions to Collection of Additional Dues) "Cases prescribed by Presidential Decree" in the proviso to Article 24 (1) of the Act means any of the following:

1.Where the amount of additional dues is less than 3,000 won;

2.Where the total remuneration or the finalized insurance premium referred to in Article 16-10 (1) or (2) of the Act is not reported due to a natural disaster or any other extenuating circumstances recognized by the Minister of Employment and Labor.

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

Article 33 (Collection, etc. of Arrears) "Cases prescribed by Presidential Decree" in Article 25 (4) of the Act means any of the following:

1.Where arrears, additional dues, or insurance benefits collected under Article 26 of the Act are overdue;

2.Where any insurance premium or other money collectable is overdue due to a natural disaster or any other extenuating circumstances recognized by the Minister of Employment and Labor.

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

Article 34 (Standards for Collecting Industrial Accident Insurance Benefits)(1) The insurance benefits referred to in Article 26 (1) 1 of the Act shall be collected for the categories of medical care benefits; temporary layoff benefits; disability benefits; nursing benefits; survivors' benefits; or injury and disease compensation pensions, in connection with an accident that occurs during the period from the date following the deadline for reporting the purchase of an insurance policy to the date such report is filed; and the amount to be collected shall be the equivalent of 50/100 of the insurance benefits (the amount shall not exceed five times the industrial accident insurance premium the business owner should have paid during the period he/she was negligent in reporting the purchase of an insurance policy),  <Amended by Presidential Decree No. 28505, Dec. 26, 2017>

(2) The insurance benefits referred to in Article 26 (1) 2 of the Act shall be collected for the categories of medical care benefits; temporary layoff benefits; disability benefits; nursing benefits; survivors' benefits; or injury and disease compensation pensions, in connection with an accident that occurs during the period from the day following the payment deadline for the monthly insurance premium or the estimated insurance premium (the payment deadline for each quarter, in cases of installment payments referred to in Article 17 (3) of the Act) to the day preceding the date the relevant insurance premium is paid;  <Amended by Presidential Decree No. 28505, Dec. 26, 2017>

1.Where the ratio of the insurance premium to be paid, to the monthly insurance premium for the relevant year that must be paid by the date an accident has occurred, exceeds 50/100;

2.Where the ratio of the insurance premium to be paid, to the estimated insurance premium that must be paid for the relevant year (in cases of installment payments, the ratio of the insurance premium to be paid, to the estimated insurance premium that must be paid by the quarter during which an accident has occurred) exceeds 50/100.

(3) Where the insurance benefits are collected pursuant to paragraph (1) or (2), if the insurance benefits decided to be paid are a disability compensation annuity or survivors' compensation annuity, the payment of the disability compensation annuity or survivors' compensation annuity shall be deemed decided on the date a cause to claim benefits first arises.

(4) Where a cause specified in Article 26 (1) 1 of the Act concurs with a cause specified in Article 26 (1) 2 of the Act, only the money collectable with a higher collection rate of insurance benefits shall be collected, during the period of concurrence.

(5) Where insurance benefits are paid to a part-time employee referred to in subparagraph 2 of Article 23 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the insurance benefits shall be collected pursuant to paragraphs (1) through (4) , based on the insurance benefits corresponding to the ratio of the average wage computed for businesses, in which any accident occurs, to the average wage calculated under Article 24 (1) 2 of the same Enforcement Decree: Provided, That where such insurance benefits are calculated under the main sentence of Article 36 (7), 54, or 67 of the Industrial Accident Compensation Insurance Act because the relevant average wage is low if it is computed based on the average wage only for the businesses in which any accident occurs,such insurance benefits shall be collected based on the amount of the insurance benefits calculated.  <Newly Inserted by Presidential Decree No. 27051, Mar. 22, 2016>

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

Article 35 (Collection of Insurance Benefits from Industrial Accident Insurance Policyholders) When giving notice of the payment of all or part of the industrial accident insurance benefits pursuant to Article 26 (2) of the Act, COMWEL shall ensure that the payment deadline shall be at least 30 days after the date such notice is received.

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

Article 36 Deleted.  <by Presidential Decree No. 19973, Mar. 27, 2007>