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 44 to Article 51 on October 1, 2019

Article 44 (Insurance Business Agencies) "Corporation, certified public labor practitioner, or tax accountant meeting the standards prescribed by Presidential Decree" in the former part of Article 33 (1) of the Act means any of the following persons:   <Amended by Presidential Decree No. 25629, Sep. 24, 2014>

1.A corporation that has obtained authorization or permission from the competent administrative agency, or has filed a registration, etc. with such agency pursuant to relevant statutes;

2.A person registered under Article 5 of the Certified Public Labor Attorney Act, who has engaged in the duties referred to in Article 2 of the same Act for at least two years;

3.A person registered under Article 6 of the Certified Tax Accountant Act and performing the duties referred to in Article 2 of the same Act for at least two years, who has completed the education prescribed by the Minister of Employment and Labor.

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

Article 45 (Scope of Business Owners Permitted to Delegate Insurance Business) (1) A business owner who is a policyholder under Article 5 of the Act may delegate insurance business to an organization, corporation, certified public labor attorney, or tax accountant (hereinafter referred to to as "insurance business agency") authorized by COMWEL in order to conduct insurance business on its behalf under Article 33 (1) of the Act.  <Amended by Presidential Decree No. 25629, Sep. 24, 2014; Presidential Decree No. 29455, Dec. 31, 2018>

(2) Deleted.  <by Presidential Decree No. 29455, Dec. 31, 2018>

(3) Where insurance business is delegated by a business owner referred to in paragraph (1) or delegation of insurance business is terminated, the relevant insurance business agency shall report such fact to COMWEL, within 14 days from the date insurance business is delegated or terminated.

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

Article 46 (Scope of Insurance Business subject to Delegation) The scope of business permitted to be delegated to an insurance business agency under the latter part of Article 33 (1) of the Act, shall be as follows:

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

2. A report on the estimated insurance premium and finalized insurance premium;

3. Business concerning the management of eligibility of the insured for employment insurance;

4. A report on the formation, change, or termination of an insurance relationship;

5.Any other business concerning insurance that business owners must report to a local labor office or COMWEL.

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

Article 47 (Authorization for Insurance Business Agencies) (1) Where it is intended to conduct insurance business on behalf of business owners pursuant to Article 33 (2) of the Act, the relevant person shall submit an application for authorization stating the details of such business, the area subject to delegation, etc. to COMWEL, along with the following documents:   <Amended by Presidential Decree No. 25629, Sep. 24, 2014>

1.If the person is a corporation specified in subparagraph 1 of Article 44: A copy of a document verifying that the person has obtained authorization or permission from the competent administrative agency or has filed a registration, etc. with such agency;

2.If the person is an individual specified in subparagraph 2 or 3 of Article 44: A copy of a document verifying that the person falls under subparagraph 2 or 3 of Article 44;

3.If the person is a corporation or organization: A copy of the relevant articles of incorporation or rules;

4. A copy of the rules (hereinafter referred to as "rules on the management of delegated insurance business") to be used when a contract for delegation of insurance business is concluded with business owners.

(2) The rules on the management of delegated insurance business shall include the following matters:

1. Procedures for delegating the management of insurance business as well as for terminating such delegation;

2. Method and procedures for managing insurance business;

3. Method and procedures for keeping accounts by the relevant insurance business agency;

4. Matters concerning the management of eligibility of the insured for employment insurance, as well as the management of an employment relationship with employees subject to industrial accident insurance;

5. Matters concerning reporting on the total remuneration and insurance premiums, as well as the liability to pay the same.

(3) Where a corporation or organization intends to be authorized to conduct insurance business on behalf of business owners pursuant to Article 33 (2) of the Act, its articles of incorporation, rules, etc. shall specify that such corporation or organization can conduct insurance business on behalf of business owners.

(4) "Matters prescribed by Presidential Decree, such as the area subject to delegation" in Article 33 (3) of the Act means the following:

1. Area subject to delegation;

2. Rules on the management of delegated insurance business.

(5) Where an insurance business agency intends to change any matters authorized pursuant to Article 33 (3) of the Act, it shall file an application for authorization with COMWEL seven days before the date it intends to change such matters; and where it intends to discontinue business delegated pursuant to Article 33 (4) of the Act, it shall report discontinuance thereof to COMWEL 30 days before the date it intends to discontinue such business.

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

Article 48 (Revocation of Authorization for Insurance Business Agencies) (1) Where an insurance business agency falls under any of the following cases, COMWEL may revoke its authorization therefor pursuant to Article 33 (5) of the Act: Provided, That where it falls under subparagraph 1, authorization therefor shall be revoked:

1.Where the insurance business agency obtains authorization by fraud or other improper means;

2. Where the insurance business agency suspends insurance business for at least two months without justifiable grounds;

3. Where the insurance business agency operates insurance business by fraud or other improper means;

4.Other cases where the insurance business agency violates any statute or fails to comply with any order issued under any statute.

(2) Upon revocation of its authorization for an insurance business agency pursuant to paragraph (1), COMWEL shall notify the insurance business agency and the business owner who has delegated insurance business thereto of the revocation without delay.

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

Article 49 (Hearings) Where COMWEL intends to revoke its authorization for an insurance business agency pursuant to Article 33 (5) of the Act, it shall hold a hearing.

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

Article 50 (Notice by Insurance business Agencies) Where an insurance business agency receives a notice, etc. on the payment of any insurance premium and other money collectable under the Act, pursuant to Article 34 of the Act, it shall notify the relevant business owner of such fact without delay.

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

Article 51 (Keeping, etc. of Books by Insurance Business Agencies) (1) An insurance business agency shall prepare and keep the following books for at least three years, pursuant to Article 36 of the Act:   <Amended by Presidential Decree No. 25629, Sep. 24, 2014>

1.A book on the management of collection business for each business owner who has delegated insurance business;

2. Deleted;  <by Presidential Decree No. 25629, Sep. 24, 2014>

3. A book on the management of insurance business other than collection business, such as reporting on the insured by business, and relevant documents;

4. Documents relating to delegation of insurance business between the insurance business agency and business owners;

5. and 6. Deleted.  <by Presidential Decree No. 25629, Sep. 24, 2014>

(2) Any document specified in paragraph (1) may be kept as an electronic document defined in subparagraph 1 of Article 2 of the Framework Act on Electronic Documents and Transactions.  <Amended by Presidential Decree No. 24076, Aug. 31, 2012.>

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