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 40-5 to Article 43 on October 1, 2019

Article 40-5 (Composition and Operation of Deliberative Committee on Disclosure of Insurance Premium Information) (1) The Deliberative Committee on Disclosure of Insurance Premium Information established under Article 28-6 (2) of the Act (hereinafter referred to as the "Committee ") shall be comprised of 11 members, including one Chairperson.

(2) A standing director in charge of relevant affairs, among executive officers of the Health Insurance Service, shall serve as the Chairperson of the Committee; and members of the Committee shall be appointed or commissioned by the President of the Health Insurance Service from among the following persons:

1. One official of COMWEL;

2. Three officials of the Health Insurance Service;

3.One public official of Grade III or IV of the Ministry of Employment and Labor, who is in charge of collection affairs concerning employment insurance and industrial accident compensation insurance;

4. One public official of Grade III or IV of the National Tax Service;

5. Four persons with extensive knowledge about and experience in law, accounting, or social insurance.

(3) The term of office of each committee member referred to in paragraph (2) 5 shall be two years.

(4) Meetings of the Committee shall commence with the attendance of a majority of all incumbent members, including the Chairperson; and resolutions shall be adopted with the consent of a majority of the members present.

(5) Except as otherwise expressly provided for in paragraphs (1) through (4), matters necessary for composing and operating the Committee shall be prescribed by the Health Insurance Service.

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

Article 40-6 (Application Mutatis Mutandis of Enforcement Decree of Framework Act on National Taxes)@Articles 13 through 17 of the Enforcement Decree of the Framework Act on National Taxes shall apply to the provision of security for payment to defer a disposition on default of any insurance premium and other money collectable. In such cases, "security for tax payment" shall be construed as "security for payment"; "national tax", as "insurance premium"; "insurance policy for guarantee of tax payment", as "insurance policy for guarantee of payment"; "Commissioner of the National Tax Service", as "Minister of Employment and Labor"; "head of a tax office" or "head of the competent tax office", as "Health Insurance Service"; "taxpayer", as "business owner"; "security for tax payment", as "

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

Article 41 (Write-Off of Money Collectable) (1) "Cases prescribed by Presidential Decree" in Article 29 (1) 3 of the Act means any of the following:

1.Where the whereabouts of the relevant defaulter are unknown;

2. Where the relevant defaulter has no property; or it has been verified that no balance is expected after the estimated value of the defaulter's total property, which is subjected to a disposition on default, is allocated to expenses for disposition on default;

3.Where it has been verified that no balance is expected after the relevant defaulter's total property, which is subjected to a disposition on default, is allocated to discharging obligations, such as national taxes or local taxes which take precedence over insurance premiums and other money collectable;

4.Where a company in arrears is exempt from insurance premiums, etc. pursuant to Article 251 of the Debtor Rehabilitation and Bankruptcy Act.

(2) Where the Health Insurance Service intends to take a disposition on default pursuant to paragraph (1) 1, it shall inquire with the competent Si/Gun or tax office or any other agency to investigate and verify the relevant defaulter's whereabouts or property: Provided, That this shall not apply where the amount in arrears is less than 100,000 won.

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

Article 41-2 (Request, etc. for Data on Default or Write-Off) (1) A person who requests data on the personal information, amount in arrears, or amount written off, of defaulters or persons whose amount in arrears is written off (hereinafter referred to as "data on default, etc.") pursuant to Article 29-2 (1) of the Act, shall submit to the Health Insurance Service a document specifying the following matters:

1. The requester's name and address;

2. Details of the data on default, etc. requested, and the purpose of using the data.

(2) Upon receipt of a request for data on default, etc. under paragraph (1), the Health Insurance Service may provide the data by an electronic file prepared under Article 41-4 (1) or in writing.

(3) Where the Health Insurance Service provides data on default, etc. pursuant to paragraph (2), if a cause arises to pay an amount in arrears or to cancel a disposition on default, it shall notify the requester of such fact, within 15 days from the date such cause arises.

(4) Matters necessary for requesting and providing data on default, etc. under paragraphs (1) through (3), shall be determined by the Health Insurance Service.

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

Article 41-3 (Grounds for Exclusion from Provision of Data on Default or Write-Off) "Ground prescribed by Presidential Decree, such as deferment of a disposition on default" in the proviso to Article 29-2 (1) of the Act means any of the following:

1. Where the Health Insurance Service defers a disposition on default for the defaulter falling under Article 29-2 (1) 1 or 2 of the Act (hereafter in this Article, referred to as "defaulter");

2.Where the Health Insurance Service deems that the defaulter is unable to pay the amount in arrears due to any of the following reasons:

(a) Where his/her property is significantly lost due to a disaster or theft;

(b) Where his/her business suffers a significant loss or serious crisis.

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

Article 41-4 (Preparing Data Files on Default or Write-Off) (1) The Health Insurance Service may prepare data on default, etc. by an electronic file.

(2) Matters necessary for arranging and managing data on default, etc. prepared by an electronic file pursuant to paragraph (1), shall be determined by the Health Insurance Service.

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

Article 42 (Settlement and Payment of Industrial Accident Insurance Premiums and Charges)COMWEL or the Health Insurance Service shall settle the accounts for industrial accident insurance premiums collected or paid pursuant to Article 31 (5) of the Act; charges referred to in Article 9 of the Wage Claim Guarantee Act; and alloted charges imposed on persons specified in Article 31 (1) 1 of the Asbestos Injury Relief Act (including the amount in arrears and additional dues for each alloted charge) each month, to transfer such insurance premiums and charges to the Industrial Accident Compensation Insurance and Prevention Fund established under Article 95 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance and Prevention Fund"); the Wage Claim Guarantee Fund established under Article 17 of the Wage Claim Guarantee Act (hereinafter referred to as the "Wage Claim Guarantee Fund"); and to the Asbestos Injury Relief Fund established under Article 24 of the Asbestos Injury Relief Act (hereinafter referred to as the "Asbestos Injury Relief Fund).

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

Article 43 (Accounting Agencies for Insurance Premiums, etc.)The President of COMWEL or the President of the Health Insurance Service may appoint a revenue collection officer for the Industrial Accident Compensation Insurance and Prevention Fund, the Wage Claim Guarantee Fund, the Asbestos Injury Relief Fund, and the Employment Insurance Fund established under Article 78 of the Employment Insurance Act (hereinafter referred to as the "Employment Insurance Fund"), from among standing directors of COMWEL or the Health Insurance Service; and may appoint an official in charge of receipts and disbursements of the Industrial Accident Compensation Insurance and Prevention Fund, the Wage Claim Guarantee Fund, the Asbestos Injury Relief Fund, and the Employment Insurance Fund, from among officials of COMWEL or the Health Insurance Service,

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

Article 43-2 (Service of Documents) Where COMWEL or the Health Insurance Service intends to serve a document on insurance premiums and other money collectable under the Act by mail pursuant to Article 32 (2) of the Act, it may do so by general mail.

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

Chapter IV INSURANCE BUSINESS AGENCIES