国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 1~Article 2

※ This English statute is provided by the Korea Legislative Research Institute and is a reference material to enhance the understanding of Korean statutes, and has no legal or official effect.

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT

[Enforcement Date 21. Apr, 2015.] [Presidential Decree No.26208, 20. Apr, 2015., Partial Amendment]

Ministry of Employment and Labor (Employment Insurance Planning Division-Employment Insurance System) , 044-202-7352 Ministry of Employment and Labor (Employment Insurance Planning Division) , 044-202-7373 Ministry of Employment and Labor (Employment Policy Division-Employment Promotion Subsidy , Employment Maintenance Subsidy , etc.) , 044-202-7218 Ministry of Employment and Labor (Employment Support Unemployment Benefit-Unemployment Benefit) , 044-202-7376 Ministry of Employment and Labor (Human Resource Development Division-Training Support for Employer and Worker Vocational Competency Development) , 044-202-7317 Ministry of Employment and Labor (Female Employment Policy Division-Maternity Protection) , 044-202-7476 Ministry of Employment and Labor (Employment Support Unemployment Benefit Division-Insured Management) , 044-202-7378

Chapter Ⅰ General Provisions

Article 1 (Purpose)

The purpose of this Decree is to stipulate matters delegated by the Employment Insurance Act and particulars necessary for its enforcement.

Article 1-2 (Money and Valuables Excluded from Remuneration)

"Money and valuables prescribed by the Presidential Decree" in subparagraph 5 of Article 2 of the Employment Insurance Act (hereinafter referred to as "the Act") refers to non-taxable earned income under subparagraph 3 of Article 12 of the Income Tax Act.

 <This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010>

Article 1-3 (Employment Insurance Committee) (1) Those representing workers and employers referred to in Article 7 (4) 1 and 2 of the Act shall be commissioned by the Minister of Employment and Labor from among those recommended by each of nationwide organizations of workers and employers.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>

(2) Those representing the public interest referred to in Article 7 (4) 3 of the Act shall be commissioned by the Minister of Employment and Labor from among people with significant knowledge and experience in employment insurance and overall employment and labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Those representing the government referred to in Article 7 (4) 4 of the Act shall be appointed by the Minister of Employment and Labor from among public officials belonging to the group of senior civil servants of a central administrative agency relating to employment insurance .  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-4 (Term of Office)

The term of office of a member commissioned under Article 7 (4) 1 through 3 of the Act shall be two years: Provided, That the term of office of a substitute member who fills the vacancy of a member shall be the remaining term of office of the member he/she replaces.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-5 (Duties of Chairperson) (1) The chairperson of the Employment Insurance Committee (hereinafter referred to as “the Committee”) under Article 7 shall represent the Committee and generally manage the affairs of the Committee.

(2) If the chairperson is unable to perform his/her duties for inevitable reasons, a member designated by the chairperson in advance shall act on his/her behalf.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-6 (Meeting) (1) The chairperson shall convene and chair meetings of the Committee.

(2) A meeting of the Committee shall be held with attendance of a majority of all members and a decision shall be taken with approval of a majority of the members present.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-7 (Expert Committee) (1) The Committee shall have the expert committee on employment insurance operation and the expert committee on employment insurance assessment pursuant to Article 7 (5) of the Act.

(2) Each expert committee shall be composed of less than 15 members including a chairperson.

(3) The chairperson of the Committee shall appoint or commission the chairperson of each expert committee from among the members of the Committee, and appoint or commission the members of each expert committee from among people falling under any of the following subparagraphs:

1.People with academic knowledge and experience in social insurance, including employment insurance, and recommended by nationwide organizations of workers and employers;

2.People with plenty of academic knowledge and experience in social insurance, including employment insurance; and

3.public officials of Grade Ⅲ or Ⅳ from a central administrative agency relating to employment insurance

(4) The chairperson of each expert committee shall report to the Committee the results of examination and coordination in regard to the matters deliberated on by the expert committee pursuant to Article 7 (5) of the Act.

(5) The provisions of Articles 1-4 through 1-6 shall apply mutatis mutanids to each expert committee. <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-8 (Survey or Research Members) (1) In order to investigate and study technical matters concerning employment insurance, the Committee may have less than five survey or research members.

(2) The survey or research members shall be commissioned by the chairperson of the Committee from among those with plenty of knowledge and experience in employment insurance.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-9 (Request for Cooperation)

The Committee or expert committees (hereinafter referred to as “Committee, etc.”), if it is deemed necessary for deliberating on their agenda items, may ask a related administrative agency or organization to submit materials, or a related person, such as public officials, experts, etc., to show up and give his/her opinions.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-10 (Secretary)

The Committee, etc., shall each have one secretary appointed by the chairperson from among public officials of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-11 (Allowances for Members)

A member who attends a meeting of the Committee, etc., or submits his/her opinions after reviewing the meeting agenda may be paid allowances and travel expenses within the limits of available budgets: Provided, That if the member is a public official directly related to the work he/she is responsible for, such allowances and travel expenses shall not be paid.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 1-12 (Detailed Rules for Operation)

Matters necessary for the operation of the Committee, etc., except those provided by this Decree, shall be determined by the chairperson of the Committee after decision by the Committee.

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 2 (Scope of Application) (1) "Business provided for in the Presidential Decree" in the proviso of Article 8 of the Act means a business which falls under any of the following subparagraphs:  <Amended by Presidential Decree No. 21015, Sept 18, 2008 and Presidential Decree No. 21348, Mar. 12, 2009>

1.Business in the fields of agriculture, forestry, fishery or hunting, for which four workers or less are employed by a person who is not a corporation;

2.Construction work falling under any of the following items: Provided, That the construction work undertaken by a person falling under any subparagraph of Article 15 (2) of the Act shall be excluded:

A.Construction work whose total construction amount (hereinafter referred to as “total construction amount” in this Article) under Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection, etc., of Premiums for Employment Insurance and Industrial Accident Compensation Insurance is less than 20 million won; and

B. Construction work which is undertaken to construct a building with a total floor area of 100 square meters or less or to repair on a large scale a building with a total floor area of 200 square meters or less.

3.Housekeeping service

(2)The scope of business falling under any subparagraph of paragraph (1) is based on the standard classification of industries (hereinafter referred to as “the Korean Standard Industrial Classification”) which is announced by the Administrator of the National Statistical Office pursuant to Article 22 of the Statistics Act, except as otherwise prescribed by the Act and this Decree.

(3) If construction work whose total construction amount is less than 20 million won turns out to be the one whose total construction amount exceeds 20 million won due to a change of the design (including the case where the design is actually changed), or becomes subject to blanket application under Article 8 (1) and (2) of the Act on the Collection, etc. of Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as “the Insurance Premium Collection Act”), all the provisions of the Act shall apply from the time thereof.