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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 52 to Article 54 on October 1, 2019

发布人:春秋智谷  /  发布时间:2021-04-12 10:46:01  

Article 52 (Subsidization for Insurance Business Agencies) (1) COMWEL may grant any of the following subsidies (hereinafter referred to as "subsidies for vicarious execution of insurance business") to insurance business agencies pursuant to Article 37 of the Act:

 

1.Where an insurance business agency delegated with insurance business by a business owner, whose regular workforce is less than 30, pays insurance premiums and other money collectable, the relevant subsidies (hereinafter referred to as "subsidies for vicarious execution of collection business") ;

 

2.Where an insurance business agency delegated with insurance business by a business owner, whose regular workforce is less than 30, manages insurance business, such as managing the insured for employment insurance or industrial accident insurance and reporting the total remuneration, the relevant subsidies ( hereinafter referred to as "subsidies for vicarious management, etc. of the insured");

 

3.Where an insurance business agency delegated with insurance business by a business owner, whose regular workforce is less than 30, reports the formation of an insurance relationship for employment insurance or industrial accident insurance, the relevant subsidies (hereinafter referred to as "subsidies for facilitation of application").

 

(2) Subsidies for vicarious execution of insurance business shall be granted in compliance with the standards determined by the Minister of Employment and Labor in consideration of the past payment performance of insurance premiums and other money collectable of the business owner who has delegated insurance business, the scale of his/her business, the past performance of management of the insured such as the acquisition and forfeiture of an insured status, the period of delegation, etc.; but subsidies for vicarious execution of collection business shall be granted semiannually, and subsidies for vicarious management, etc. of the insured and subsidies for facilitation of application shall be granted quarterly.  <Amended by Presidential Decree No. 23466, Dec. 30, 2011>

 

(3) Where an insurance business agency reports discontinuance of business during the insurance year pursuant to Article 33 (4) of the Act, the past payment performance of insurance premiums and other money collectable referred to in paragraph (2), shall be calculated based upon the past performance of insurance premiums and other money collectable paid during the period from the first day of the relevant half-year to the 15th day of the middle month of the quarter in which the date of discontinuance falls; but the amount paid by the relevant business owner, who has delegated insurance business, under a disposition on default taken pursuant to Article 28 of the Act shall be excluded therefrom.

 

(4) The period of delegation referred to in paragraph (2) shall be calculated from the date the relevant insurance business agency reports delegation of insurance business to COMWEL pursuant to Article 45 (3).

 

(5) Where an insurance business agency intends to receive subsidies for vicarious execution of insurance business, it shall file an application for payment of such subsidies with COMWEL, as prescribed by Ordinance of the Ministry of Employment and Labor, after the last day (referring to the date of discontinuance, if discontinuance of business has been reported pursuant to Article 33 (4) of the Act) of each half-year, for subsidies for vicarious execution of collection business and after the last day of each quarter, for subsidies for vicarious management, etc. of the insured and subsidies for facilitation of application.  <Amended by Presidential Decree No. 23466, Dec. 30, 2011>

 

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

 

Article 53 (Restrictions on Subsidization for Insurance Business Agencies) (1) Where an insurance business agency incurs any loss to collection of insurance premiums and other money collectable, COMWEL may reduce the relevant subsidies for vicarious execution of collection business and subsidies for vicarious management, etc. of the insured by the equivalent of such loss.

 

(2) Where an insurance business agency fails on at least two occasions to comply with a corrective order issued by the head of the competent employment security agency for neglecting to file a report, etc. on the acquisition or forfeiture of an insured status for employment insurance, COMWEL shall reduce the subsidies for vicarious management, etc. of the insured for such insurance business agency by 50/100; and where an insurance business agency fails to do so on at least three occasions, COMWEL shall not grant any subsidies for vicarious management, etc. of the insured to such insurance business agency.

 

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

 

Article 54 (Bearing Subsidies for Vicarious Execution of Insurance Business) (1) Subsidies for vicarious execution of collection business shall be borne by the Employment Insurance Fund and the Industrial Accident Compensation Insurance and Prevention Fund, for the share of the employment insurance and industrial accident insurance in the amount paid by a business owner who has delegated insurance business.

 

(2) Each half of the subsidies for facilitation of application and the subsidies for vicarious management, etc. of the insured, shall be borne by the Employment Insurance Fund and the Industrial Accident Compensation Insurance and Prevention Fund: Provided, That where relevant business is limited to employment insurance or industrial accident insurance, all of such subsidies shall be borne by the Employment Insurance Fund or the Industrial Accident Compensation Insurance and Prevention Fund.