Article 71 (Total Wage Estimate and Its Increase) (1) The “case determined by the Presidential Decree” in Article 60 (1) of the Act shall be when the total estimated wage of the insurance year is not less than 70/100 but not more than 130/100 of the total wage during the previous year.
(2) Deleted. <by Presidential Decree No. 15367, May 8, 1997>
(3) The “scope determined by the Presidential Decree” in Article 60 (2) of the Act shall be 100 percent.
Article 71-2 (Subject Exempted from Report and Payment of Increase Estimated Premiums)
The term “business owner determined by the Presidential Decree” in the proviso of Article 60 (2) of the Act means the business owner employing less than five permanent workers who are calculated under the provisions of Article 69 (2) through (5).
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 72 (Measures Following Change, etc., in Application to Insured Business) (1) The business operator , in the case of expansion of the types of insured business related to the concerned business as a result of joining the insurance or by changing the scale of business, etc., shall file a report on the recalculated amount of the premium in accordance with the enlarged insured business under Article 60 of the Act and pay such premium, within seventy days from the day the business is enlarged. In this case, the provisions of Article 65 (4) of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the report and notification of the recalculated premium. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) The Minister of Labor, in case the types of insured business which are applicable to the concerned business are reduced by the cancellation of the insurance contract of an insured business, shall adjust the recalculated premium by reduction, and if the estimated premium paid before exceeds the adjusted premium, the difference shall be refunded.
[This Article Wholly Amended by Presidential Decree No. 14935, Mar. 9, 1996]
Article 73 (Applying Mutatis Mutandis)
The provisions of Articles 67, 68 (1) and (3) through (6), 69, and 70 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the report and notification of the recalculated premium. In this case “public corporation” in Article 67 and 69 (1) shall be read “Minister of Labor”. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 73-2 (Installment Payment of Employment Premium)
The business the estimated premium of which is to be paid in installments under Article 68 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act to apply mutatis mutandis under Article 73 shall be limited to the business for which the premium relationship is established prior to June 30 of the relevant insurance year: Provided, That this shall not apply to the business which needs the payment of the difference between the estimated premiums under Article 60 (2) of the Act or which is to be conducted for a limited period of less than 6 months, such as construction projects.
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 74 (Applying Mutatis Mutandis)
The provisions of Article 73 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the inspection and collection of the fixed premium which shall be applied mutatis mutandis to Article 61 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 75 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 76 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 76-2 (Associations to be Authorized as Employment Insurance Affairs Association)
The “association which meets the standards determined by the Presidential Decree” in the former part of Article 64 (1) of the Act means an association which is authorized or permitted by, or registered with or reported to, the competent authorities pursuant to the provisions of Acts (hereinafter referred to as the “association”).
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 77 (Scope of Business Operator Delegating Insurance Affairs) (1) A business operator who may delegate insurance affairs under the latter part of Article 64 (1) of the Act shall be the business operator who ordinarily employs fewer than one hundred persons. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Even if the business operator who delegates the insurance affairs ordinarily employs more than the number of the workers under paragraph (1) due to the expansion or merger of the business, he may delegate the insurance affairs continuously during the insurance year.
Article 78 (Authorization of Employment Insurance Affairs Association) (1) In case the association desires to obtain the authorization of the Minister of Labor under Article 64 (2) of the Act, it shall present a written application form for the authorization of the insurance association affairs association to the Minister of Labor, annexing the following documents: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. A copy of a document certifying the fact that it is authorized or permitted by, or registered with or reported to, the competent authorities;
2. A copy of the articles or agreement of the association;
3. A last year’s balance sheet, a statement of profit and loss, a list of property, and a document which certifies the property, of the association: Provided, That in case of the association newly established in the relevant year, the submission of the balance sheet and the statement of profit and loss may be exempted;
4. A copy of an agreement between the association and the business operator on the procedure of delegating the insurance business; and
5. A copy of an agreement concluded or passbook opened between the association and national treasury agencies, national treasury receipt agencies, or post offices designated by the Bank of Korea in order to prevent the diversion of premiums.
(2) The person who desires to obtain the authorization necessary for transacting employment insurance affairs under Article 64 (2) of the Act shall meet the following necessary conditions: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. Clear statement in the articles of association and agreement indicating that insurance business activities are the purpose of the association;
2. Ability of the business operators’ association to show in the balance sheet and statement of profit and loss that management is conducted without loss, through self-generated income; and
3. Existence of thirty business operators or more who are expected to delegate their employment insurance affairs.
(3) The association which has obtained authorization of the Minister of Labor under Article 64 (2) of the Act (hereinafter referred to as “employment insurance affairs association”) shall report to the Minister of Labor by 30 days before the discontinuation date in case it desires to discontinue the insurance affairs, and by 7 days before the date of change in case it desires to change the contents of the authorization. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 79 (Commission of Employment Insurance Affairs and Report of Termination of Commission)
The employment insurance affairs association shall, when employment insurance affairs are commissioned or the commission for the insurance affairs is terminated, report to the Minister of Labor within 14 days. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 79-2 (Maintenance of Book of Employment Insurance Affairs Association)
The books and other documents which the employment insurance affairs association are to prepare and keep on file under Article 64 (4) of the Act shall be as follows:
1. The list of business operators who delegate the transaction of insurance affairs;
2. The collection affairs transaction book according to each business;
3. The transaction book of insurance affairs, according to each business, other than collection affairs such as the report of the insured, and the relevant documents;
4. The documents related to the delegation of insurance affairs between the employment insurance affairs association and the business operators;
5. The documents related to the payment application and receipt of the support under Article 80-2;
6. The documents of the payment notice and the receipt of premiums and other collection money imposed on the business operators; and
7. The agreement concluded with national treasury receipt agencies.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 80 (Applying Mutatis Mutandis)
The provisions of Articles 56 (2), 56-2, and 58 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the treatment of insurance affairs by the employment insurance affairs association. In this case, the “public corporation” shall be read as the “Minister of Labor” and the “insured” shall be read as the “business operator”. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 80-2 (Assistance to Employment Insurance Affairs Association) (1) The Minister of Labor shall pay, half-yearly, the employment insurance affairs association which transacts the insurance affairs delegated by a business operator under Article 64-2 of the Act, a collection expenses grant due to the payment of premiums (hereinafter referred to as the “collection expenses grant”) and other subsidy paid to cover expenses incurred by making reports on the acquisition or loss of the insured status, etc. (hereinafter referred to as “subsidy for the management of the insured”). <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 18296, Feb. 25, 2004>
(2) The collection expenses grant shall be the amount equivalent to 1/ 100 of the paid amount where the actual results of payment of premiums and other collection money to be collected during the first or latter half of the relevant insurance year are not less than 80/100 but less than 95/100, and shall be the total sum of the amounts calculated by the following standards where the actual results of such payment are not less than 95/100: Provided, That where the employment insurance affairs association has reported the closure of business during the insurance year under Article 78 (3), the standards for the collection expenses grant shall be the actual results of payment of premiums and other collection money whose payment time expires between the first day of the first or latter half of the insurance year concerned and the 15th day of the middle month of the quarter to which the closure day of the business belongs: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1. The amount equivalent to 5/100 of the amount paid after receipt from the delegated business operator who ordinarily employs less than 16 workers;
2. The amount equivalent to 3/100 of the amount paid after receipt from the delegated business operator who ordinarily employs not less than 16 but less than 30 workers; and
3. The amount equivalent to 1/100 of the amount paid after receipt from the delegated business operator who ordinarily employs not less than 30 workers.
(3) In calculating the actual results of payment of premiums under paragraph (2), the amount paid by means of a disposition for arrears shall be excluded.
(4) The subsidy for the management of the insured shall be paid according to the standards that are published by the Minister of Labor as well as the workload of commissioned administrative affairs and the management records of the insured, including reports on the acquisition and loss of the insured status, etc. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(5) Where the employment insurance affairs association intends to be paid the collection expenses grant and the subsidy for the management of the insured, it shall apply to the Minister of Labor for the payment of such grant after one month from the date when the first or latter half of the relevant insurance year terminates (where the discontinuation of business is reported under Article 78 (3), the discontinuation date). <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 18296, Feb. 25, 2004>
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 80-3 (Restriction of Assistance to Employment Insurance Affairs Association) (1) The Minister of Labor may, where the employment insurance affairs association causes any loss in collecting premiums and other collection money, reduce the collection expenses grant and the subsidy for the management of the insured to the amount equivalent to the loss. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(2) In the event that the employment insurance affairs association neglects to make a report on the acquisition and loss of the insured status, etc. and still fails to execute a correctional order after taking such correctional order not less than twice from the head of the competent vocational stabilization agency, the Minister of Labor may cut the payment of the subsidy for the management of the insured by 50 percent to the employment insurance affairs association and if the employment insurance affairs association fails to execute the correctional order after taking such correctional order not less than three times, the Minister of Labor may not at all pay the subsidy for the management of the insured to the association. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
[This Article Wholly Amended by Presidential Decree No. 16095, Feb. 1, 1999]
Article 81 (Applying Mutatis Mutandis)
The provisions of Articles 74 (excluding paragraph (1) 4 of the same Article) through 76, 79 through 79-5 and 80 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the payment and collection of the insurance premium. In this case, the “public corporation” shall be deemed the “Minister of Labor,” the “insured” shall be deemed the “business operator”, the “case where that the overpayment occurs or insurance benefits are paid in accordance with Article 55-2 of the Act” in Article 74-2 shall be deemed in the “case where the overpayment occurs”, the “amount of overpayment of insurance premiums, etc. or insurance benefits” in paragraph (3) of the same Article shall be deemed the “amount of overpayment, including insurance premiums, etc.” the “report” in subparagraph 2 of Article 75 shall be deemed the “report” and Article 76 (3) 2 shall be deemed the “case where arrearages or surcharges are in arrears”, respectively. <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 18296, Feb. 25, 2004>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
Article 82 (Management Business, etc., of Fund) (1) The term “methods to increase the fund determined by the Presidential Decree” in Article 67 (3) 4 of the Act means a purchase of the securities under Article 2 (1) of the Securities and Exchange Act.
(2) The term “certain level determined by the Presidential Decree” in Article 67 (4) of the Act means the earning ratio determined by the Minister of Labor, taking into consideration the interest rate on a fixed deposit with a one-year expiration (referring to the interest rate applied by banks with nationwide business areas from among financial institutions established under the Banking Act).
[This Article Wholly Amended by Presidential Decree No. 17301, Jul. 7, 2001]
Article 83 (Fund Accounting)
Accounting for employment insurance fund (hereinafter referred to as the “fund”) shall be done according to the principles of business accounting. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 84 (Use of Fund)
The term “expenses determined by the Presidential Decree” in subparagraph 5 of Article 68 of the Act means the following expenses: <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
1. Expenses for management of insurance business;
2. Expenses for management/operation of the fund;
3. Subsidies related to employment insurance affairs association;
4. Payment of consignment fees for business or affairs under the Act; and
5. Contribution to the person who exercises by proxy or is entrusted with the business under the Act.
Article 85 (Entrustment of Fund Payment)
The Minister of Labor may execute the business related to the payment of support and subsidies from the fund, granting of loans, payment of training expenses and training allowances, payment of unemployment benefits or refunds of insurance premium (hereinafter referred to as the “payment, etc., of insurance amount”) by entrusting the business to a financial institution under the Banking Act or to a communications agency.
Article 86 (Fund Operation Plan)
The fund operation plan under Article 69 (1) of the Act shall include the following matters:
1. Matters related to income and expenditures of the fund;
2. Matters related to business plans planned of the reasons for expenditures and fund plans for the concerned year;
3. Matters regarding the disposition of the fund carried over from the previous year;
4. Matters regarding the reserve fund; and
5. Other matters necessary for fund operation.
Article 87 (Notification of Fund Operation Result)
The Minister of Labor shall, under Article 69 (2) of the Act, notify the public of the results of the fund operation every year in one or more special daily financial newspaper or general daily newspaper which has its main office in Seoul Special Metropolitan City.
Article 88 (Accounting Institution of Fund) (1) The Minister of Labor shall, from among the affiliated public officials, appoint a fund accounting commander to be in charge of affairs related to the collection of the insurance premium and reasons for expenditure of the fund, a fund accounting official to be in charge of affairs related to the accounts and expenditures of the fund, and a fund daily expense accounting official to be in charge of business related to insurance money payments under the fund.
(2) The fund accounting commander shall be in charge of contracts for management and operation, actions which provide cause for income or expenditure of the fund, and business related to collection or decisionmaking about fund earnings; the fund accounting official shall be in charge of income and expenditures in the process of management and operation of the fund; the fund daily expense accounting official shall be in charge of management of the fund transferred by the fund accounting official, and of payment matters.
(3) The provisions governing a financial commissioner or revenue collectors in the Liability of Accounting Personnel, etc. Act, shall apply mutatis mutandis to the fund accounting commander, and the provisions affecting a disbursement commissioner or accounting official shall apply mutatis mutandis to the fund accounting official. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(4) The Minister of Labor shall notify the Chairman of the Board of Audit and Inspection and the Chairman of the Bank of Korea when appointing the fund accounting commander and fund accounting official. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 88-2 (Repayment of Allowance)
The repayment of allowance referred to in Article 70 (3) of the Act shall be made from revenues of the business year upon the expiration of the period of repayment.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 89 (Designation of Transacting Bank)
The fund accounting official shall designate the Bank of Korea in its jurisdiction (including its main office, its branch office, its agency, or its national agency; hereinafter the same shall apply), or the nearest Bank of Korea if there is no Bank of Korea in its jurisdiction, as the payer of the checks issued by him.
Article 90 (Procedure for Receipt of Fund Revenues) (1) When the fund accounting commander desires to collect revenues coming to the fund, he shall notify the person responsible for payment to pay it to the fund’s account in the Bank of Korea.
(2) When the Bank of Korea receives revenues for the fund, it shall deliver the receipt to the payer and send notice of the receipt to the fund accounting commander without delay.
(3) The Bank of Korea shall centralize the revenues of the fund received under paragraph (2) at the fund account established in the main office of the Bank of Korea according to handling procedures for national funds.
Article 91 (Procedure for Expenditure of Fund) (1) When the fund accounting commander executes an expenditure cause, he shall send the documents related to the expenditure cause to the fund accounting official.
(2) When the fund accounting official desires to disburse money from the fund for expenditures caused by actions of the fund account commander, he shall issue a check with the Bank of Korea as the payer.
(3) The amount which has not been expended during the concerned fiscal year due to unavoidable reasons, after the fund accounting commander has executed the causes for expenditure, may be expended by carrying it forward to the next year.
Article 92 (Prohibition on Cash Dealings)
The fund accounting official may not keep or handle cash: there is an exception in the case where Article 65 of the Budget and Accounts Act is applied.
Article 93 (Assignment of Limit on Amount of Fund Expenditure Cause Actions) (1) The Minister of Labor shall assign to each fund accounting commander a limit on the amount of fund to be used for expenditure cause actions within the scope of the quarterly expenditure cause actions plan in subparagraph 2 of Article 86.
(2) The Minister of Labor shall assign a limit on the amount of expenditure to each fund accounting official within the scope of the monthly fund plan in subparagraph 2 of Article 86.
Article 94 (Report on Operational State of Fund) (1) The fund accounting commander shall make a report on the amount of funds collected and on fund expenditure cause actions, and the fund accounting official shall make a monthly report on the fund expenditure amount. These shall be dated as of the last day of the present month and submitted to the Minister of Labor by the 20th day of the next month.
(2) Other necessary matters related to the report on fund operation management besides the reports covered by paragraph (1), shall be determined by the Minister of Labor.
Article 95 (Report on Settlement of Accounts of Fund)
The Minister of Labor shall draft the following documents related to the settlement of accounts of the fund for each fiscal year, and shall submit it by the end of February of the next fiscal year, to the Minister of Finance and Economy following review by the Employment Policy Deliberation Council, according to the Framework Act on Employment Policy: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. Documents on the general condition and analysis of the statement of accounts of the fund;
2. Financial statements such as balance sheet, profit and loss settlement, etc.;
3. Operational plan of the fund and comparative list of actual achievements;
4. Earnings and expenditure statement of accounts; and
5. Other documents necessary to clarify the contents of the settlement of accounts.
Article 96 (Receipts and Disbursements of Reserve Fund)
Necessary matters related to receipts and disbursements of the reserve fund and spare money of the fund under Article 72 of the Act shall be determined by the Ordinance of the Ministry of Labor.
Article 97 (Budget and Accounts Act Applied Mutatis Mutandis)
Matters which are not prescribed by the provisions of this Act or this Decree regarding the operation or management of the fund, shall be carried out under the provisions of the Budget and Accounts Act.
CHAPTER Ⅷ REQUEST FOR EXAMINATION AND REEXAMINATION
Article 98 (Qualifications of Examiner)
The employment insurance examiner (hereinafter referred to as “examiner”) under Article 75 of the Act shall be appointed from among the public officials affiliated with the Ministry of Labor and shall fulfill one of the following descriptions:
1. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and who has worked on affairs related to examinations or applications for reexaminations on employment insurance for more than one year;
2. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and has worked in employment insurance affairs for more than two years; and
3. Other persons who are recognized by the Minister of Labor as having the equivalent of the qualifications listed in paragraph (1) or (2).
Article 98-2 (Assignment and functions of Examiner) (1) Examiners referred to in Article 75 (3) of the Act shall be assigned to a Regional Labor Administration Office.
(2) Examiners shall take charge of examination affairs and case study on the request for examination of the Regional Labor Administration Office and its affiliated offices.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 99 (Method of Application for Challenge) (1) The application for challenge to the examiner under Article 75 (4) of the Act shall be in writing with the reasons clearly indicated.
(2) When the Minister of Labor receives the application for challenge under paragraph (1), he shall make a decision within 15 days and notify the applicant.
Article 100 (Report on Succession to Status of Applicant)
The person who succeeds to the status of the examination applicant under Article 75 (5) of the Act shall report to the examiner in writing, attaching the documents by which to prove the succession.
Article 101 (Method of Request for Examination) (1) Each of the following matters shall be stated on the documents of the request for examination under Article 75-3 of the Act:
1. Name and address of the claimant;
2. Name of disposition office which is the other party to claim;
3. Contents of disposition of the subject of the examination request;
4. Date of coming into knowledge of the disposition;
5. Existence and contents of the notification regarding the request for examination by the other party to claim disposition office;
6. Purport and reasons for examination request; and
7. Date of request.
(2) If the request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters of paragraph (1) shall be stated.
(3) The written documents of paragraph (1) shall be signed and sealed by the claimant or the agent.
Article 102 (Revision of Request for Examination) (1) Revision of the request for examination under Article 75-4 (2) of the Act requests the presentation of documents with the following written contents:
1. Matters to revise;
2. Reasons for demanding revision;
3. Period of revision; and
4. Other necessary matters.
(2) If the examiner revises the request for examination with his authority under Article 75-4 (2) of the Act, he shall notify this to the person concerned.
Article 103 (Notification of Transfer)
The notification of transfer of the request for examination under Article 75-5 (1) of the Act shall be in written form with the following matters stated:
1. Name and position of the examiner to be transferred;
2. Reason for transfer; and
3. Date of transfer.
Article 104 (Notification about Suspension of Execution of Original Dispositions)
The following matters shall be stated on the document of notification about suspension of execution under Article 75-6 (2) of the Act:
1. Case name of the request for examination;
2. Disposition of the object of suspension of execution and the contents of the suspension of execution;
3. Name and address of the claimant;
4. Name of disposition office which is the other party to claim; and
5. Reasons for suspension of execution.
Article 105 (Application of Investigation for Trial) (1) The application of investigation for trial related to the request for examination under Article 75-7 (1) of the Act shall be in written form with the following matters stated:
1. Case name of the request for examination;
2. Purport and reasons of the application;
3. Name and address of the related persons who are required to be present (restricted to the case of Article 75-7 (1) 1 of the Act);
4. Name and address of operator or custodian of documents, and other materials required to be submitted (restricted to the case of Article 75-7 (1) 2 of the Act);
5. Reasons for the legal consultation (restricted to the case of Article 757 (1) 3 of the Act); and
6. Business place and other places to enter, business operator, employees and other related persons to question, documents and other materials to inspect (restricted to the case of Article 75-7 (1) 3 of the Act).
(2) When the examiner inspects the evidence under Article 75-7 (1) of the Act, he shall draft an evidence inspection protocol. In this case, when he receives the statement from the examination claimant or the related person under Article 75-7 (1) 1 of the Act, he shall make the written protocol statement and annex it.
(3) The following matters shall be stated on the evidence inspection protocol of paragraph (2) and the examiner shall sign and seal it:
1. Indication of the case;
2. Date, time and place of the inspection;
3. Subject of inspection and method of inspection; and
4. Result of inspection.
Article 106 (Written Decision)
The decision on the request for examination under Article 75-9 of the Act shall be by the written verdict with the following matters stated, and this shall be signed and sealed by the examiner:
1. Case number and case name;
2. Name and address of the claimant;
3. Name of disposition office who is the claimee;
4. Main text;
5. Reason of the claim;
6. Reasons; and
7. Date of decision.
Article 107 (Commission and Appointment of Examination Committee Members) (1) Among the members of the employment insurance examination committee (hereinafter referred to as the “examination committee”) under Article 76 (1) of the Act, members representing the workers shall be recommended by the labor union which is the overall alliance organization, and members representing the business operators shall be recommended by the business operators’ association of nationwide scale, and each shall be commissioned by the President on a recommendation of the Minister of Labor. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
(2) Of the members of the examination committee, those except for the members representing the workers, the members representing the business operators and the ex officio members shall be commissioned by the President on a recommendation of the Minister of Labor from among those who fall under one of the following subparagraphs: Provided, That the standing members shall be commissioned by the President on a recommendation of the Minister of Labor from among those who fall under subparagraph 3 or 4: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
1. A person licensed as judge or prosecutor or lawyer;
2. A person currently holding office or who held office previously as an assistant professor or higher position in a university under the Higher Education Act;
3. A person currently holding office or who held office at the third level or higher as a public official;
4. A person who has worked in labor relations affairs for not less than fifteen years and who is recognized by the Minister of Labor as a qualified person; and
5. A person who has profound academic knowledge and experience related to social insurance and employment matters and who is recognized by the Minister of Labor as a qualified person.
(3) The Minister of Labor shall appoint one ex officio member from among public officials of Grade Ⅱ or Grade Ⅲ who are in charge of employment matters in the Ministry of Labor.
Article 108 (Term of Office for Members) (1) The term of office for the examination committee members shall be three years and they may be reappointed. The term of office for the ex officio member under Article 107 (3) shall be the period during which he is in charge of the employment insurance affairs.
(2) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
Article 109 (Treatment of Members)
The members other than the standing members and the ex officio member who are present at the examination committee meetings may be paid an allowance necessary for performing their duties and the travel expenses within the budget. In this case, the travel expenses shall be paid by applying mutatis mutandis the regulation for public official’s travel expenses. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 110 (Chairman and Vice-chairman) (1) The examination committee shall have one chairman and one vicechairman.
(2) The chairman of the examination committee shall be appointed by the President on a recommendation of the Minister of Labor from among the standing members, and the vice-chairman of the committee shall be elected from among the members. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 111 (Duties) (1) The chairman shall represent the examination committee and preside over the affairs of the examination committee.
(2) The vice-chairman shall assist the chairman and when the chairman is unable to discharge his duties on the unavoidable grounds, the viceChairman shall act for him. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
Article 112 (Meetings) (1) Any meeting of the examination committee shall be composed of and operated by nine persons or fewer including the chairman or vice-chairman, ex officio members, and each member representing labor and management designated by the chairman at each meeting. <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998>
(2) When the chairman of the examination committee desires to convene a meeting, he shall notify in writing the time and place and agenda of the meeting to each member by 5 days before the commencing of the meeting: Provided, That this shall not apply to the case of an emergency.
(3) Meetings of the examination committee shall be held with the attendance of a majority of all the constituent members organized pursuant to paragraph (1) and decisions shall be made by affirmative vote of a majority of members present. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 112-2 (Employment of Researcher and Surveyor) (1) The Minister of Labor may have researchers and surveyors to conduct special research and survey on the affairs of reexamination of the examination committee under Article 76 (8) of the Act.
(2) Necessary matters concerning qualifications, services and salaries, etc. of researchers and surveyors shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 113 (Notification)
The notification of the examination date and place under Article 76-3 (1) of the Act shall be in written form, and it shall be delivered in person or by registered mail.
Article 114 (Application for Closed Proceedings)
The application for closed proceedings under Article 76-3 (3) of the Act shall be in written form with the purport and reasons stated.
Article 115 (Protocol of Trial) (1) The following matters shall be stated on the protocol of trial under Article 76-3 (4) of the Act:
1. Name and number of the case;
2. Date, time and place of the trial;
3. Names of the members present;
4. Name of the concerned person present or his agent;
5. Contents of the trial; and
6. Other necessary matters.
(2) The trial protocol of paragraph (1) shall be stated with the date of writing of the protocol and it shall be signed and sealed by the chairman.
(3) The application for perusal under Article 76-3 (6) of the Act shall be in writing.
Article 116 Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
Article 117 (Method of Request for Reexamination) (1) The request for reexamination under Article 74 of the Act shall be in a written document with the following matters stated: <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
1. Name and address of the claimant;
2. Matters of Article 101 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date the decision became known;
5. Existence or nonexistence of notification and contents of notification related to the request for reexamination to the examiner who made the decision;
5-2. Purport of and reasons for the request for reexamination; and
6. Date of request for reexamination.
(2) When the request for reexamination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters of paragraph (1).
(3) The claimant or the agent shall sign and seal the documents of paragraph (1).
Article 118 (Written Adjudication)
The written adjudication on the request for reexamination shall have the following matters stated and the chairman of the examination committee and the members who were present at the examination shall sign and seal it:
1. Name and number of the case;
2. Name and address of the claimant;
3. Name of the original disposition office;
4. Name of the examiner who made the adjudication on the request for examination;
5. Text of the judgement;
6. Purport of the request;
7. Reasons; and
8. Date of the adjudication.
Article 119 (Mutatis Mutantis Application)
The provisions of Articles 99, 100, 102, 104 and 105 shall apply mutatis mutandis to the examination committee and the reexamination. In this case, the “examiner” under Article 99 shall be deemed the “member of the examination committee,” the “Minister of Labor”, the “chairman of the examination committee”, the “applicant for examination”, under Articles 100 and 105 shall be deemed the “applicant for reexamination”, the “examiner” under Articles 100, 102 and 105 shall be deemed the “chairman of the examination committee” and the “application for examination” under Articles 102, 104 and 105 shall be deemed the “application for reexamination”, respectively.
[This Article Wholly Amended by Presidential Decree No. 17853, Dec. 30, 2002]
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
Article 120 (Obligation to Preserve Documents)
The business operator who is or was subject to the Act and persons who are or were responsible heads of the employment insurance affairs association and are or were subject to the Act shall preserve all documents related to the insurance affairs for three years from their completion date.
Article 121 (Notices on Essentials of Act, etc.) (1) The business operator shall put up notices continuously in a place where they are easily visible, to inform his workers of necessary matters related to essentials of provisions in Acts and subordinate statutes concerning employment insurance that affect the workers and of the establishment of the insurance relationship.
(2) When the insurance relationship expires, the business operator shall put up a notice to inform the workers of the expiration date.
Article 122 (Expenses for Diagnosis)
When the head of the vocational stabilization agency orders a diagnosis under Article 82 of the Act, he may pay the actual expenses necessary for the diagnosis.
Article 123 (Delegation of Authority, etc.) (1) The Minister of Labor shall delegate the authority on matters falling under the following subparagraphs to the head of the vocational stabilization agency under the provisions of Article 84 of the Act: <Amended by Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17471, Dec. 31, 2001; Presidential Decree No. 18165, Dec. 18, 2003; Presidential Decree No. 18296, Feb. 25, 2004>
1. The receipt of any report on the status of the insured provided for in Article 13 of the Act;
1-2. The receipt of the written confirmation of the loss of employment provided for in Article 13-2 of the Act;
1-3. The confirmation of the qualification of the insured provided for in Article 14 of the Act;
1-4. The support for employment adjustment under the provisions of Article 16 of the Act;
2. The promotion of regional employment under the provisions of Article 17 of the Act;
3. The promotion of employment for the aged, etc. under the provisions of Article 18 of the Act;
3-2. The support for employment stabilization of construction workers, etc. under the provisions of Article 18-2 of the Act;
4. Restrictions on the support due to the acts of illegality under the provisions of Articles 20-2 and 26-3 of the Act;
5. The support for the professional ability development training for business operators under the provisions of Article 22 of the Act;
6. The support for the vocational ability development of the insured, etc. under the provisions of Article 24 of the Act;
6-2. The payment of and the payment restriction on the temporary retirement benefits for childcare under Articles 55-2 and 55-5 of the Act;
6-3. The payment of and the payment restriction on the maternity leave benefits before and after childbirth under Articles 55-7 and 55-9 of the Act;
7. The approval of dispositions taken to collect fees in arrears and deficit disposals under the provisions of Article 65 of the Act;
8. The report, the submission of relevant documents and the demand to be present under the provisions of Article 80 of the Act (limited to the case where such matters are needed to deal with the delegated administrative affairs);
9. The access to offices, questions to persons concerned and the investigation of documents under the provisions of Article 81 of the Act (limited to the case where such matters are needed to deal with the delegated administrative affairs);
10. The imposition and collection of fines for negligence under the provisions of Article 86 of the Act;
10-2. The receipt of material submitted by original contractor provided for in Article 7;
10-3. The payment of the subsidy to small and medium enterprises for shortening their working hours under Article 15-2;
10-4. The payment of the subsidy for stabilizing the employment of construction workers under Article 23-3;
11. The financial support for the operation of workplace childcare facilities under the provisions of Article 24 (3); and
12. Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
(2) Under Article 84 of the Act, the Minister of Labor shall delegate his authority on matters falling under any of the following subparagraphs to the Korea Labor Welfare Corporation established under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Korea Labor Welfare Corporation”): <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
1. The approval of taking out or cancellation or an insurance contract under the provisions of Article 9 (2) and (3) of the Act, the extinction of an insurance relationship under the paragraph (4) of the same Article and the approval of taking out or cancellation of an insurance contract for a subcontractor under the paragraph (5) of the same Article;
1-2. The block application of the business and the approval of the cancellation of the application under the provisions of Article 10-2 (2) and (3) of the Act;
1-3. Insurance premiums and impositions under the Act from among the earnings of the fund, refunds under Article 48 of the Act (meaning the case where the mutatis mutandis application is made in Articles 49 (5) and 55 of the Act) and the arrangement of receipts of refunds under Article 26 (1) of this Decree (including the case where the mutatis mutandis application is made in Article 37);
2. The collection of insurance premiums under the provisions of Article 56 of the Act;
3. The survey collection, additional collection and reduction adjustment of rough insurance premiums under the provisions of Article 60 (3) of the Act;
4. The survey collection of final insurance premiums and other business involving returns and collections at the end of exact calculation under the provisions of 61 (2) of the Act;
5. The approval of an employment insurance cooperative established under Article 64 of the Act, a report on altering contents of the approval, the receipt of a report on the dissolution of an employment insurance cooperative and other administrative affairs involving employment insurance cooperatives;
6. The appropriation and return of insurance premiums paid in excess, the collection of additional insurance premiums and insurance premiums in arrears, the urging of payments of impositions, dispositions against insurance premiums in arrears and deficits disposal under the provisions of Article 65 of the Act;
7. The submission of reports and relevant documents, and the demand the attendance of meetings under the provisions of Article 80 of the Act (limited to the case where such matters are needed to deal with the delegated administrative affairs);
8. The access to offices, questions to persons concerned and the investigation of documents (limited to the case where such matters are needed to deal with the delegated administrative affairs) under the provisions of Article 81 of the Act;
8-2. The request for the submission of data under the provisions of Article 81-2 of the Act (limited to the case where deemed necessary for carrying out the entrusted affairs);
9. The selection of agents and the acceptance of a report on their dismissal under the provisions of Article 4;
10. The receipt of a report on the establishment of an insurance relationship or the extinction of such a relationship under the provisions of Article 5;
11. The approval of a voluntary insurance contract for employment stabilization activities or the cancellation of the contract under the provisions of Article 6 (2) and (3);
12. The approval of the cancellation of a legal fiction insurance contract for employment stabilization activities under the provisions of Article 8;
13. The acceptance of a report on the alteration of the insurance relationship or the business subject (or not subject) to the preferential support under the provisions of Article 9;
14. The receipt of a report on the commencement of a business or the termination of a business under the provisions of Article 9-3;
15. The receipt of a report on the continued application of an insurance relationship under the provisions of Article 9-4;
16. The business involving support and loan for the setup of workplace nursery facilities under the provisions of Article 24 (4) and other matters concerning the management and operation of the loans; and
17. The reduction adjustment of rough insurance premiums and returns under the provisions of Article 72.
(3) The Minister of Labor shall delegate his authority concerning the matter falling under each of the following subparagraphs to the Korea Manpower Agency established pursuant to the Korea Manpower Agency Act in accordance with Article 84 of the Act: <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
1. The work of extending loans used to cover the cost of installing vocational ability development training facilities, etc. and the matter concerning the administration and operation of loans under Article 32; and
2. The work of financially supporting the cost of installing vocational ability development training facilities, etc. and the matter concerning the administration and operation of loans under Article 33 (excluding the matter concerning the determination of the financial support).
(4) The head of the Labor Welfare Corporation or the head of the Korea Manpower Agency shall appoint fund accounting directors from among the standing directors of the Corporation or the Agency, and fund accounting staff from among the staff thereof to carry out entrusted affairs pursuant to paragraphs (2) and (3), and file a report to the Minister of Labor. In this case, the fund accounting directors shall perform the works of the fund accounting commander, and the fund accounting staff, those of the fund accounting official. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(5) The provisions on a financial commissioner and revenue collector in the Liability of Accounting Personnel, etc. Act, apply mutatis mutandis to the fund accounting director, and the provisions on disbursement officers and accounting official thereof, to the fund accounting staff, respectively. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18165, Dec. 18, 2003>
(6) The Minister of Labor shall notify the Chairperson of the Board of
Audit and Inspection and the President of the Bank of Korea of the appointments of the fund accounting directors and fund accounting staff pursuant to paragraph (4). <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(7) In the case of entrustment to the Korea Labor Welfare Corporation, as in paragraph (2), an entrustment fee is paid from the general account.
CHAPTER Ⅹ PENAL PROVISIONS
Article 124 (Imposition of Fine for Negligence) (1) When the Minister of Labor imposes a fine for negligence under Article 86 (4) of the Act, the Minister of Labor shall indicate the type of offense committed, the amount of the fine for negligence, and the expiration date for payment, and shall notify these in writing to the person who is subject to the imposition of fine for negligence, after investigating and confirming the offense committed.
(2) When the Minister of Labor imposes a fine for negligence, he shall determine a period of not less than ten days during which the person who is subject to the fine may have an opportunity to state his opinion, orally or in writing (including electronic documents). In this case, when no defense has been raised by the designated date, it is recognized that no defense will be raised. <Amended by Presidential Decree No. 18312, Mar. 17. 2004>
(3) The Minister of Labor shall consider the motive and the result of the offense committed when he determines the amount of fine for negligence, and the criteria for such imposition shall be as the attached Table. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
(4) The procedure for collecting the fine for negligence shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Supplementary provisions ADDENDA
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 14628, Apr. 15, 1995>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 14935, Mar. 9, 1996>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15092, Jun. 29, 1996>
This Decree shall enter into force on July 1, 1996.
Supplementary provisions ADDENDA<Presidential Decree No. 15367, May 8, 1997>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5, 9-2 through 9-4, 10 (2), 23-2, 35-2 and 68-2 shall enter into force on January 1, 1998.
Supplementary provisions ADDENDA<Presidential Decree No. 15569, Dec. 31, 1997>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 15581, Dec. 31, 1997>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15587, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
Supplementary provisions ADDENDA<Presidential Decree No. 15624, Feb. 12, 1998>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15683, Feb. 24, 1998>
This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 15829, Jul. 1, 1998>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1998: Provided, That the amendments to Articles 27 through 30, 30-2, 31 (limited to those that convert “vocational training or education and training” into “vocational abilities development training”), 32, 33, 34, 34-2, 35, 35-2, 36, 37, 69, 76, 123 (1) 5, 22-2, 24, 26 and 27 shall enter into force on January 1, 1999.
Supplementary provisions ADDENDA<Presidential Decree No. 15902, Oct. 1, 1998>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16095, Feb. 1, 1999>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16464, Jul. 1, 1999>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That The amended provisions of Article 123 shall enter into force on October 1, 1999 while the amended provisions of Article 69 (1) 2 (d) shall enter into force on January 1, 2000.
Supplementary provisions ADDENDA<Presidential Decree No. 16705, Feb. 9, 2000>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 17090, Dec. 30, 2000>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 17301, Jul. 7, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDUM<Presidential Decree No. 17403, Oct. 31, 2001>
This Decree shall enter into force on November 1, 2001.
Supplementary provisions ADDENDA<Presidential Decree No. 17471, Dec. 31, 2001>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 17853, Dec. 30, 2002>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 18146, Nov. 29, 2003>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 18165, Dec. 18, 2003>
(1) (Enforcement Date) This Decree shall enter into force on January 1, 2004: Provided, That the amended provisions of Article 57 shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 18296, Feb. 25, 2004>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
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