国内政策【切换】 国际政策

Korea-Labor Law-Enforcement Order of Employment Insurance Law: December 31, 2001, Articles 123 to 124

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. 7471, Dec. 31, 2001>

1. 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 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 occupational ability development of the insured 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;

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;

11. The financial support for the operation of workplace childcare facilities under the provisions of Article 24 (3) of the Act; and

12. The support for professional ability development training facilities for the operators of business subject to the preferential support under the provisions of Article 33 of the Act.

(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 Labor Welfare Corporation, (hereinafter referred to as the “Labor Welfare Corporation”) established under the Industrial Accident Compensation Insurance Act:  <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 cancellation or approval of an insurance contract under the provisions of Article 9 (2) and (3) of the Act, the extinction of an insurance relationship under the provisions of Article 9 (4) of the same Act and the approval and cancellation of an insurance contract for a subcontractor under the provisions of Article 9 (5) of the same Act;

1-2. The across-the-board application of the business and the approval of the cancellation of the application under the provisions of Article 102 (2) and (3) of 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 of the Act;

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 an 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) Under Article 84 of the Act, the Minister of Labor may entrust authority for the financing of expenses and the management or operation of loans for vocational training facilities, etc., under Article 32 of this Decree, to the Korea Manpower Agency, according to the Korea Manpower Agency Act.  <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>

(4) The head of the Labor Welfare Corporation or the head of 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>

(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 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 defense. In this case, when no defense has been raised by the designated date, it is recognized that no defense will be raised.

(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.

(2) Omitted.