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 54-2 to Article 56-3 on October 1, 2019

Article 54-2 (Scope of Data subject to Request for Provision) "Data prescribed by Presidential Decree" in the former part of Article 40 (1) of the Act means any of the following:   <Amended by Presidential Decree No. 26302, Jun. 1, 2015; Presidential Decree No. 26809, Dec. 30, 2015; Presidential Decree No. 28161, Jun. 27, 2017; Presidential Decree No. 29455, Dec. 31, 2018>

1. Data on reports by workplaces; and data on the monthly insurance contributions for the employee insured referred to in the National Health Insurance Act;

2. Data on reports on workplace-based insured persons; and data on the imposition of monthly pension contributions referred to in the National Pension Act;

3. Business registration data referred to in the Value-Added Tax Act;

4. Data on persons enrolled in the pension scheme for private school teachers and staff referred to in the Pension for Private School Teachers and Staff Act;

5.Data on permission for, and reports on, the felling of standing timber, and extracting or gathering of forest products referred to in the Creation and Management of Forest Resources Act;

6. Data on registration of fire-fighting system installation business; and data on the past performance of fire-fighting system installations referred to in the Fire-Fighting System Installation Business Act;

7. Data on policyholders of accident compensation insurance for fishing vessel crew members referred to in the Act on Accident Compensation Insurance for Fishers and Fishing Vessels;

8. Data on registration of electrical construction business; and data on the past performance of electrical construction works referred to in the Electrical Construction Business Act;

9. Data relating to construction projects, in the contract-related information referred to in the Electronic Procurement Utilization and Promotion Act;

10. Data relating to construction projects, among data on reports on the results of contracts referred to in the Act on Contracts to Which the State Is a Party;

11. Data on registration of information and communications construction business; and data on the past performance of information and communications construction works referred to in the Information and Communications Construction Business Act;

12. Resident registration data referred to in the Resident Registration Act;

13. Data required to collect insurance premiums or other money collectable, such as a certified copy of a construction machinery register, and data on registration of construction machinery business referred to in the Construction Machinery Management Act; a certified copy of a building register referred to in the Building Act; a certified copy of a motor vehicle register referred to in the Motor Vehicle Management Act; and a certified copy of a site parcels-register and a forest area parcels-register referred to in the Act on the Establishment and Management of Spatial Data;

14.Data required to verify the formation and termination of an insurance relationship and to impose, collect, and settle insurance premiums, such as data on registration of construction business, data on reports on discontinuance or transfer of business, and data on the past performance of construction works referred to in the Framework Act on the Construction Industry; data on building permission or building reports, data on reports on the commencement of construction works, data on revocation of building permission, and data on approval for use of buildings referred to in the Building Act;

15.Data required to verify the formation and termination of an insurance relationship, remunerations of employees, and objects eligible for subsidization for employment insurance premiums, such as data on global income in the reports on withholding of income tax, statements of payment of wage and salary income, and in preliminary and final returns on the tax base for global income tax, and data on business income of persons in special types of employment specified in the statements of payment of business income of residents referred to in the Income Tax Act; data on remuneration in the standard statement of profit or loss referred to in the Corporate Tax Act; and data on the total amount in the statement of tax bases among the reports on value-added tax for general taxable persons referred to in the Value-Added Tax Act;

16. Property taxation data referred to in the Local Tax Act;

17. Data on the insured by the public officials pension under the Public Officials Pension Act;

18. Registration data on housing constructors and housing construction work records under the Housing Act;

19. Registration data on cultural heritage repair business entities and cultural heritage repair records under the Act on Cultural Heritage Maintenance;

20.Any of the following data required to verify the formation and termination of an insurance relationship and to impose insurance premiums:

(a) Data on social welfare foundations and social welfare facilities defined in subparagraphs 3 and 4 of Article 2 of the Social Welfare Services Act, and on employees thereof;

(b) Data on social service providers defined in subparagraph 4 of Article 2 of the Act on the Use of Social Services and the Management of Vouchers, and on employees thereof;

(c) Data on child-care centers defined in subparagraph 3 of Article 2 of the Child Care Act, and on infant care teachers and staff defined in subparagraph 5 of Article 2 of the same Act;

(d) Data on persons engaging in self-supporting labor activities under Article 15 of the National Basic Living Security Act.

[This Article Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013]

Chapter V SUPPLEMENTARY PROVISIONS

Article 55 (Reporting, Submission and Inspection) (1) "Cases prescribed by Presidential Decree" in Articles 44 and 45 (1) of the Act means the following:

1.Where it is necessary to ascertain an insurance relationship, such as whether an insurance relationship is formed, changed or terminated;

2. Where it is necessary to ascertain matters related to calculating and collecting insurance premiums, such as the number of employees, total remuneration, and types of business;

3.Where it is necessary to ascertain whether an insurance business agency has managed insurance business unlawfully or unduly, or neglected to manage such business;

4.Where it is necessary to ascertain the facts in relation to payment of subsidies for vicarious execution of insurance business.

(2) The request for reports on, or submission of, relevant documents referred to in Article 44 of the Act, shall be made in writing.

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

Article 56 (Delegation and Entrustment of Authority) (1) The Minister of Employment and Labor shall delegate his/her authority concerning revocation of recognition of accident prevention activities referred to in Article 15 (6) of the Act, to the head of a local labor and employment agency pursuant to Article 46 (1) of the Act.  <Newly Inserted by Presidential Decree No. 25047, Dec. 30, 2013>

(2) The scope of the duties that COMWEL or the Health Insurance Service may entrust pursuant to Article 46 of the Act, shall be as follows:

1. Duties concerning receipt of insurance premiums and other money collectable;

2. Duties concerning return of erroneously paid amounts, such as insurance premiums;

3.Duties incidental to the duties specified in subparagraph 1 or 2.

(3) Where COMWEL or the Health Insurance Service entrusts its duties pursuant to paragraph (2), it may pay entrustment commissions to a person entrusted with such duties.  <Amended by Presidential Decree No. 25047, Dec. 30, 2013>

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

Article 56-2 (Approval for Budgets and Business Operation Plans) (1) Where the Health Insurance Service intends to obtain approval from the Minister of Employment and Labor for a budget for the following fiscal year pursuant to Article 46-2 (1) of the Act, it shall submit a budget request and prospectus according to the budget to him/her by May 31 each year.

(2) Where the Health Insurance Service intends to obtain approval from the Minister of Employment and Labor for a business operation plan pursuant to Article 46-2 (1) of the Act, it shall formulate and submit the business operation plan to him/her without delay after the budget approved under paragraph (1) is finalized.

(3) Where the Health Insurance Service intends to amend the budget and business operation plan approved under paragraphs (1) and (2), it shall submit a document stating the grounds for, and details of, the amendment to the Minister of Employment and Labor to obtain his/her approval.

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

Article 56-3 (Submission of Business Performance and Statement of Accounts) Where the Health Insurance Service intends to report business performance and the settlement of accounts to the Minister of Employment and Labor pursuant to Article 46-2 (2) of the Act, it shall submit a statement of accounts to him/her, along with the following documents:

1. Financial statements (including a written opinion of a certified public accountant or an auditor of an accounting corporation established under Article 23 of the Certified Public Accountant Act) and documents attached thereto;

2.Any other documents necessary to verify the details of the settlement of accounts.

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