国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 3~Article5

Article 3 (Workers Excluded from Application) (1)"Those whose contractual working hours are less than the ones prescribed by the Presidential Decree" in subparagraph 2 of Article 10 of the Act refers to those (including those whose contractual working hours per week is less than 15 hours) whose contractual working hours per month is less than 60 hours: Provided, That any person who, among those working for the purpose of making their living, has worked continuously for three months or more and any daily worker under subparagraph 6 of Article 2 of the Act shall be excluded.

(2)"Persons prescribed by the Presidential Decree" under subparagraph 5 of Article 10 of the Act refers to those described in the following subparagraphs:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23274, Nov. 1, 2011>

1.Foreign workers: Provided, That a person who falls under any of the following items shall be excluded:

AA person who holds a status of residency(D-7), corporate investment(D-8) and trade management(D-9) from among the statuses of sojourn for foreigners under Article 12 of the Enforcement Decree of the Immigration Control Act ( excluding the case where the laws of the home country of the foreigner concerned, which govern insurance premiums and benefits corresponding to those of the employment insurance under this Act, do not apply to nationals of the Republic of Korea);

BA person (limited to those who have applied to join insurance, as prescribed by the Ordinance of the Ministry of Employment and Labor) who holds a status of sojourn permitting employment activities under Article 23 (1) of the Enforcement Decree of the Immigration Control Act ;

CA person falling under Article 23 (2) 1, 2 and 3 of the Enforcement Decree of the Immigration Control Act;

DA person (limited to those who have applied to join insurance, as prescribed by the Ordinance of the Ministry of Employment and Labor) who holds a status of overseas ethnic Korean (F-4) from among the statuses of sojourn for foreigners under Article 12 of the Enforcement Decree of the Immigration Control Act; and

EA person (limited to those who have applied to join insurance, as prescribed by the Ordinance of the Ministry of Employment and Labor) who holds a status of permanent residency (F-5) from among the statuses of sojourn for foreigners under Article 12 of the Enforcement Decree of the Immigration Control Act;

2.Special post office staffs under the Special Post Office Act.

Article 3-2(Subscription to Insurance by Public Officials in Special Services or Fixed-Term Public Officials) (1)The head of an administrative agency (hereinafter referred to as “assigned agency”) which appoints a public official in special services or fixed -term public official (hereinafter referred to as “public official eligible for coverage”) shall find out the intention of the public official without delay under the proviso of subparagraph 3 of Article 10 of the Act if the public official eligible for coverage is appointed to the assigned agency for the first time.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011 and Presidential Decree No. 24852, Nov. 20, 2013>

(2) For a public official eligible for coverage, who is found to have the intention to join the insurance, the head of the assigned agency shall apply for the insurance to the head of the competent Employment Security Office (hereinafter referred to as “competent Employment Security Office”) pursuant to paragraph (1): Provided, That the public official eligible for coverage, if he/she wants to, may directly apply to join the insurance during the same period, and in such cases, the head of the competent Employment Security Office shall inform the head of the assigned agency of the fact.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(3) If an application is made to join the insurance pursuant to paragraph (1) or (2), the public official eligible for coverage shall be deemed to acquire insured status the day after the application is made. In such cases, if the public official who has acquired insured status is appointed to another position of a public official in special services or fixed-term public official as a result of a change of his/her status as public official, he/she shall maintain insured status under employment insurance even in the event that he/she does not make a separate application to join the insurance.  <Amended by Presidential Decree No. 24852, Nov. 20, 2013>

(4) If a public official who has joined employment insurance intends to withdraw from it, he/she shall apply for such withdrawal to the head of the competent Employment Security Office. In such cases, he/she shall be deemed to lose insured status the day after the application for withdrawal is made.

(5)A person shall not be allowed to join employment insurance again while continuing to serve as a public official eligible for coverage after withdrawing from employment insurance pursuant to paragraph (4), and shall not be recognized as entitled to receive benefits after his/ her withdrawal from employment insurance: Provided, That if a public official who has withdrawn from the insurance acquires insured status again under the Act and this Decree after leaving the position of a public official eligible for coverage (including cases where he/she is reappointed to the position of a public official who is not eligible for coverage), in calculating the unit period of insurance referred to in Article 40 (1) 1 of the Act, during the period over which he/she was insured while previously serving as a public official eligible for coverage,the numbers of days used as the basis for making remuneration payments under Article 41 (1) of the Act shall be added together, and in calculating the insured period referred to in Article 50 of the Act, the insured period before the withdrawal shall be included in the insured period prescribed in the same Article.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(6) The insurance premium rate for public officials eligible for coverage shall be the one for unemployment benefits under Article 12 (1) 3 of the Enforcement Decree of the Insurance Premium Collection Act, and borne equally by the assigned agency and the public official covered by employment insurance.

(7) The procedures for joining and withdrawing from the insurance under paragraphs (1) through (4) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 <This Article Newly Inserted by Presidential Decree No. 21015, Sept. 18, 2008>

 <Title of This Article Amended by Presidential Decree No. 24852, Nov. 20, 2013>

Article 4 (Agent) (1) An employer may appoint his/her agent and have the agent implement the matters that he/she is required to implement pursuant to the Act and this Decree.

(2) When an employer appoints or dismisses his/her agent, he/she shall report this to the Minister of Employment and Labor, as prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 5 (Administration, etc. of Employment Insurance Statistics) (1) The Minister of Employment and Labor shall systematically administer and operate the statistics related to employment insurance (hereinafter referred to as “employment insurance statistics”) that are obtained through surveys and research under Article 11 of the Act and the operation of employment insurance.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) The Minister of Employment and Labor may have personnel specializing in employment insurance statistics in order to systematically manage and operate employment insurance statistics.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Necessary matters concerning the qualifications for, services and remuneration of personnel specializing in employment insurance statistics shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>