国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 6~Article11

Article 6 (Execution of Projects by Proxy) (1) The Minister of Employment and Labor, pursuant to Article 11 (2) of the Act, may have the following institutions or organizations carry out, on his/her behalf, survey and research projects to study the labor market and support work related to employment insurance (hereinafter referred to as “insurance”):   <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 24333, Jan. 25, 2013>

1. An insurance-related government-invested research institution established pursuant to Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions;

2. The Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy;

3. A school under Article 2 of the Higher Education Act (including research institutions affiliated therewith);

4. Other private research institutions capable of carrying out surveys and research on the labor market, occupations, vocational skills development and insurance-related work.

(2) Where the Minister of Employment and Labor has an institution or organization carry out a project on his/her behalf pursuant to paragraph (1), he/she may support the expenses required for the necessary survey, research, management and operation, etc., with the employment insurance fund (hereinafter referred to as “fund”).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 6-2 (Insurance Activity Assessment Institution) (1)“An organization prescribed by the Presidential Decree” in Article 11-2 (2) of the Act refers to an institution (hereinafter referred to as “assessment institution”) designated by the Minister of Employment and Labor from among the institutions in the following subparagraphs:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>

1.Government-invested research institutions under the Act on the Establishment, Operation and Fosterage of Government- Invested Research Institutions

2.Public institutions designated and announced under the provisions of Articles 4 through 6 of the Act on the Management of Public Institutions.

3.Schools (including affiliated research institutions) that meet the conditions set forth by subparagraphs 1 through 6 of Article 2 of the Higher Education Act.

4. Private research institutions

(2) The Minister of Employment and Labor may support the assessment institution with the necessary costs of performing its work within the limits of available budgets.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The assessment institution may request an institution performing duties by proxy or entrusted with duties under Article 6 (1), Article 57 (1) and Article 145 (2) through (6) to submit necessary materials for assessment.

(4) Necessary matters concerning the specific work, designation period, etc., of the assessment institution shall be determined and announced by the Minister 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>

Chapter Ⅱ Management of Insured Persons

Article 7(Report, etc. on Acquisition or Loss of Insured Status) (1) An employer or a subcontractor shall, if he/she intends to report the acquisition or loss of insured status involving workers employed by the business concerned to the Minister of Employment and Labor pursuant to Article 15 of the Act or to submit a document (hereinafter referred to as “document confirming separation from employment”) specifying the unit period of insurance, reasons for separation from employment, and details of wages, retirement pay, etc., prior to separation to the Minister of Employment and Labor pursuant to Article 16 of the Act, make that report or submission no later than the 15th of the month (without delay, in cases where the worker asks the employer or subcontractor to make that report and submission before the date mentioned) following the date on which the reason to do so occurs. In such cases, if the employer or subcontractor has submitted a report confirming employment details which contains the number of working days, wages, etc., for daily workers employed during the month concerned to the Minister of Employment and Labor no later than the 15th of the month following the date on which the reason occurs, he/she shall be considered to have reported the acquisition or loss of insured status or submitted the document confirming separation from employment.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) An employer who makes a report on the commencement and discontinuation of business pursuant to Article 11 (3) of the Insurance Premium Collection Act shall make a report on the acquisition or loss of insured status to the Minister of Employment and Labor before the report deadline as referred to in paragraph (1).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The Minister of Employment and Labor who receives a document confirming separation from employment pursuant to Article 16 (1) of the Act shall confirm the unit period of insurance, reasons for separation, wage payment details, etc.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(4) If when confirming the contents entered in a document confirming separation from employment, the Minister of Employment and Labor finds that the separated person concerned did not receive wages for 30 days or more consecutively in the 18 months before the date of separation due to any reason referred to in Article 40 (2) of the Act, he/she may demand the separated person to submit a doctor's written diagnosis or other documents which can prove the reason.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 8 (Report by Workers on Insured Status)

In the event that a worker reports matters concerning the acquisition or loss, etc. of insured status pursuant to Article 15 (3) of the Act, he/she shall submit a document proving employment relationship such as his/her labor contract, etc.

Article 9 (Report on Transfer of Insured Person)

If an employer transfers an insured person from his/her one business to another, he/she shall report this to the Minister of Employment and Labor within 14 days from the date of transfer.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 10 (Report on Change of Name, etc., of Insured Person) (1) An employer shall, if the name or resident registration number of an insured person is changed or corrected, report this to the Minister of Employment and Labor within 14 days from the date of change or correction.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) An assistance agency or an entrusted institution under the latter part of Article 113-2 (1) of the Act shall, if a recipient under the latter part of the same paragraph has changed from a recipient who is a person eligible for assistance under Article 5 (1) of the National Basic Living Security Act (hereinafter referred to as "eligible recipient") to any other recipient or from any other recipient to an eligible recipient, report the change to the Minister of Employment and Labor within 14 days from the date of change.  <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012>

Article 11 (Request for and Notification of Confirmation) (1) If a person who is or was an insured person intends to have the acquisition or loss of insured status confirmed pursuant to Article 17 (1) of the Act, he/she shall make a request for such confirmation to the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) The Minister of Employment and Labor shall notify the person requesting confirmation of the acquisition or loss of insured status, and the employer or subcontractor who employs or used to employ that person of the result of confirming the acquisition or loss of his/her insured status pursuant to Article 17 (3) of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Chapter Ⅲ Employment Security and Vocational Skills Development Projects