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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 56-4 to Article 56-9 on October 1, 2019

发布人:春秋智谷  /  发布时间:2021-04-12 10:49:24  

Article 56-4 (Reporting on Status of Collection of Insurance Premiums, etc.) The Minister of Employment and Labor may require the Health Insurance Service to report, in writing, the status of insurance premiums, other money collectable, etc. for the preceding month it has collected, by the end of each month, pursuant to Article 46-2 (3) of the Act.

 

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

 

Article 56-5 (Self-Employed Persons Eligible for Employment Insurance) "Self-employed person meeting the requirements prescribed by Presidential Decree" in Article 49-2 (1) of the Act means a self-employed person meeting all the following requirements:   <Amended by Presidential Decree No. 24638, Jun. 28, 2013; Presidential Decree No. 26809, Dec. 30, 2015; Presidential Decree No. 28484, Dec. 19, 2017; Presidential Decree No. 29914, Jun. 25, 2019>

 

1.The self-employed person must have completed business registration under Article 168 of the Income Tax Act or Article 8 of the Value-Added Tax Act and is practically conducting business as at the time the person applies for purchase of an employment insurance policy;

 

2. The self-employed person has not received any job-seeking benefit under Article 69-3 of the Employment Insurance Act for the two-year period from the date of application for purchase of an employment insurance policy;

 

3.The self-employed person must not engage in any of the following types of business:

 

(a) Any business falling under any subparagraph of Article 2 (1) of the Enforcement Decree of the Employment Insurance Act;

 

(b) Renting of real estate (based on the classes according to the Korean Standard Industrial Classification).

 

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

 

Article 56-6 (Employment Insurance Premium Rates for Self-Employed Persons) (1) The employment insurance premium rates referred to in Article 49-2 (7) of the Act shall be as follows:

 

1. Insurance premium rate for employment security and vocational skills development programs: 25/10,000;

 

2. Insurance premium rate for unemployment benefits: 20/1,000.

 

(2) Where any insurance premium rate referred to in paragraph (1) is raised or lowered, COMWEL shall increase or reduce employment insurance premiums for self-employed persons.

 

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

 

Article 56-7 (Application Mutatis Mutandis) @Articles 31, 33, 37 through 40, 40-6, 41, and 43-2 shall apply mutatis mutandis to allocation and return of overpaid insurance premiums, etc., collection and overdue notice of arrears, and to disposition on default or write-off, for self-employed persons. In such cases, "business owner" shall be construed as "self-employed person".

 

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

 

Article 56-8 (Subsidization for Industrial Accident Insurance Management Organization) (1) Where the industrial accident insurance management organization conducts insurance business specified in any subparagraph of Article 46, pursuant to Article 49-5 (7) of the Act, relevant subsidies ( hereinafter referred to as "subsidies for the industrial accident insurance management organization") may be granted to such organization.

 

(2) The amount of subsidies for the industrial accident insurance management organization shall be calculated and paid quarterly in compliance with the standards determined by the Minister of Employment and Labor, such as the past performance of insurance business conducted by the industrial accident insurance management organization .

 

(3) Where the industrial accident insurance management organization intends to receive subsidies for the industrial accident insurance management organization, it shall file an application with COMWEL for payment of such subsidies after the last day of each quarter (referring to the date of termination of an insurance relationship, if the relationship has been terminated pursuant to Article 49-5 (3) of the Act), as prescribed by Ordinance of the Ministry of Employment and Labor.

 

(4) Subsidies for the industrial accident insurance management organization shall be borne by the Industrial Accident Compensation Insurance and Prevention Fund.

 

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

 

Article 56-9 (Management of Personally Identifiable Information) If it is inevitable in conducting any of the following affairs, the Minister of Employment and Labor, COMWEL, the Health Insurance Service (including a person entrusted with business of COMWEL or the Health Insurance Service pursuant to Article 56), an insurance premium payment service provider, or an insurance business agency may manage data which includes resident registration numbers and foreigner registration numbers referred to in Article 19 of the Enforcement Decree of the Personal Information Protection Act:   <Amended by Presidential Decree No. 23910, Jun. 29, 2012; Presidential Decree No. 25629, Sep. 24, 2014>

 

1. Affairs concerning purchase of insurance policies and termination of insurance contracts referred to in Article 5 of the Act;

 

2. Affairs concerning approval relating to blanket application referred to in Article 8 or 9 of the Act;

 

3. Affairs concerning reporting on the formation and termination of insurance relationships referred to in Article 11 of the Act;

 

4. Affairs concerning reporting on changes in insurance relationships referred to in Article 12 of the Act;

 

5. Affairs concerning changes in the average monthly remuneration referred to in Article 16-3 (4) of the Act;

 

6. Affairs concerning calculation of the monthly insurance premium referred to in Article 16-6 of the Act;

 

7. Affairs concerning services on electronic notice of the monthly insurance premium referred to in Article 16-8 (2) of the Act;

 

7-2. Affairs concerning the settlement of insurance premiums referred to in Article 16-9 of the Act;

 

8. Affairs concerning reports on the total remuneration, etc. referred to in Article 16-10 of the Act;

 

9. Affairs concerning revised reports on the total remuneration referred to in Article 16-11 of the Act;

 

9-2. Affairs concerning payment of insurance premiums, etc. by credit card, etc. through insurance premium payment service providers referred to in Article 16-12 of the Act;

 

9-3. Affairs concerning subsidization for employment insurance premiums referred to in Article 21 of the Act;

 

9-4. Affairs concerning recovery of subsidies referred to in Article 21-2 of the Act;

 

10. Affairs concerning reduction of insurance premiums, etc. referred to in Article 22-2 of the Act;

 

10-2. Affairs concerning exemption from employment insurance premiums referred to in Article 22-3 of the Act;

 

10-3. Affairs concerning restrictions on support following exemption from employment insurance premiums, etc. referred to in Article 22-4 of the Act;

 

11. Affairs concerning allocation and return of overpaid insurance premiums, etc. referred to in Article 23 of the Act;

 

12. Affairs concerning installment payments of insurance premiums, etc. referred to in Article 27-3 of the Act;

 

13. Affairs concerning reporting on the representative of heirs in the latter part of Article 28-3 (2) of the Act;

 

13-2. Affairs concerning provision of data on default or write-off referred to in Article 29-2 of the Act;

 

14. Affairs concerning authorization for insurance business agencies, authorization for changed matters, reports on changed matters, or reports on discontinuance of business, referred to in Article 33 of the Act;

 

15. Affairs concerning subsidization for insurance business agencies referred to in Article 37 of the Act;

 

16. Affairs concerning requests for provision of data referred to in Article 40 of the Act;

 

17. Affairs concerning applications for the purchase of industrial accident insurance policies for persons dispatched overseas, approvals for such applications, reporting, payment, etc. of insurance premiums referred to in Article 47 (2) of the Act;

 

18. Affairs concerning applications for the purchase of industrial accident insurance policies by small and medium business owners, approval for such applications, reporting, payment, etc. of insurance premiums referred to in Article 49 (2) of the Act;

 

19. Affairs concerning approval, etc. for the purchase of employment insurance policies by self-employed persons referred to in Article 49-2 of the Act;

 

20. Affairs concerning excluding persons in special types of employment from application of industrial accident insurance, requests for reapplication thereof, reporting, etc. on changes in industrial accident insurance relationships referred to in Article 49-3 (5) of the Act;

 

20-2. Affairs concerning approval for the industrial accident insurance management organization, and reporting on changed matters referred to in Article 49-5 of the Act;

 

21. Affairs concerning reports on appointment or dismissal of agents referred to in Article 5 (2);

 

22. Affairs concerning allocation and return of overpaid insurance premiums, etc. and interest thereon referred to in Article 31;

 

22-2. Affairs concerning delegated insurance business referred to in Article 46;

 

23. Affairs concerning special cases concerning reduction of insurance premiums, etc. referred to in Article 2 of the Addenda to the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (Presidential Decree No. 22408).

 

[This Article Newly Inserted by Presidential Decree No. 23466, Dec. 30, 2011]

 

[Subparagraphs 10-2 and 10-3 of this Article shall remain effective until June 30, 2014 pursuant to Article 2 of the Addenda (Presidential Decree No. 23910, Jun. 29, 2012)]