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ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 108~Article119

发布人:春秋智谷  /  发布时间:2021-04-12 14:18:03  

Article 108 (Entrustment of Payment by Fund)

 

The Minister of Employment and Labor may execute business related to the payment of grants and subsidies from the fund, provision of loans, payment of training expenses and training allowances, or payment of unemployment benefits by entrusting the business to any of the following institutions or a postal agency:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22493, Nov. 15, 2010; and Presidential Decree No. 23496, Jan. 6, 2012>

 

1. Banks approved under Article 8 of the Banking Act;

 

2. Agricultural cooperatives banks under the Agricultural Cooperatives Act;

 

3. The National Federation of Fishery Cooperatives under the Fishery Cooperatives Act;

 

4. Mutual savings banks under the Mutual Savings Bank Act;

 

5.Community credit cooperatives under the Community Credit Cooperatives Act; and

 

6.Credit cooperatives under the Credit Cooperatives Act

 

 <This Article Wholly Amended by Presidential Decree No. 20775, Apr. 30, 2008>

 

Article 109 (Fund Operation Plan)

 

The fund operation plan under Article 81 (1) of the Act shall include the following matters:

 

1. Matters concerning incomes and expenditures of the fund;

 

2.Matters concerning business plans, plans on actions causing expenditures and funding plans for the year concerned;

 

3. Matters concerning the disposition of the funds carried over from the previous year;

 

4. Matters concerning the reserve funds; and

 

5. Other matters necessary for fund operation.

 

Article 110 (Public Announcement of Fund Operation Results)

 

Pursuant to Article 81 (2) of the Act, the Minister of Employment and Labor shall publicly announce the results of fund operation every year in one or more special daily financial newspapers or general daily newspapers headquartered in Seoul.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 111 (Accounting Institution of Fund) (1) The Minister of Employment and Labor shall appoint a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer from among relevant public officials to carry out affairs concerning the revenues and disbursements of the fund.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(2) The fund revenue collector and fund financial officer shall be in charge of contracts resulting from the management and operation of the fund, actions causing revenues and disbursements, and affairs concerning the collection and determination of fund revenues, and the fund disbursement officer and fund accounting officer shall be in charge of revenues and disbursements resulting from the management and operation of the fund.

 

(3) When the Minister of Employment and Labor has appointed a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer, he/she shall notify the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of this.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 112 (Designation of Bank Responsible for Transaction)

 

The fund disbursement officer shall designate the Bank of Korea located in the local area concerned (including its main office, branch office, agency or national agency; hereinafter the same shall apply.), or if there is no Bank of Korea located in the local area concerned, the nearest Bank of Korea as the payer of checks issued by him/her.

 

Article 113 (Procedure for Receipt of Fund Revenues) (1) If the fund revenue collector intends to collect fund revenues, he/she shall notify the person responsible for the payment that the person should pay it to the fund's account in the Bank of Korea : Provided, That this shall not apply in cases where the employer makes a voluntary payment within a set period.

 

(2) When the Bank of Korea receives fund revenues, it shall issue a receipt to the payer and send a notice of the receipt to the fund revenue collector without delay.

 

(3) The Bank of Korea shall gathered the revenues of the fund received under paragraph (2) together into the fund account established in the headquarters of the Bank of Korea according to handling procedures for national funds.

 

Article 114 (Procedure for Disbursement from Fund) (1) When the fund financial officer executes a disbursement-causing action, he/she shall send the documents related to the disbursement-causing action to the fund disbursement officer.

 

(2)When the fund disbursement officer disburses money from the fund due to the disbursement-causing action of the fund financial officer, he/she shall have the Bank of Korea make that payment by transferring money to the savings account in the financial institution of the creditor or a person entrusted to handle the affairs of paying national funds as prescribed by Acts and subordinate statutes.

 

(3) The amount, which has not been disbursed during the fiscal year concerned due to inevitable reasons after the fund financial officer has executed disbursement-causing actions, may be disbursed by carrying it forward to the following year.

 

Article 115 (Prohibition of Cash Dealings)

 

The fund disbursement officer and fund accounting officer may not keep or handle cash: Provided, That this shall not apply in cases prescribed in Article 22 (4) and 24 of the Management of the National Funds Act.

 

Article 116 (Assignment of Amount Limit to Fund Disbursement- causing Actions) (1) The Minister of Employment and Labor shall assign to each fund financial officer a limit on the amount of funds to be used for disbursement-causing actions within the scope of the quarterly plan on disbursement-causing actions under Article 109 (2).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(2) The Minister of Employment and Labor shall assign funds according to a detailed monthly funding plan prepared pursuant to Article 49 (2) of the Enforcement Decree of the Management of the National Funds Act to each fund disbursement officer within the scope of the monthly funding plan under subparagraph 2 of Article 109.   <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011>

 

Article 117 (Report on State of Fund Operation) (1) The fund revenue collector, the fund financial officer and the fund disbursement officer shall prepare a report on the amount of funds collected, a report on the amount of funds used for disbursement-causing actions and a report on the amount of funds disbursed, respectively, all of which are dated the last day of each month, and shall submit them to the Minister of Employment and Labor by the 20th of the following month.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(2) Other necessary matters concerning the report on fund operation and management, besides the reports prescribed in paragraph (1), shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 118 (Report on Settlement of Accounts of Fund)

 

The Minister of Employment and Labor shall prepare the following documents about the settlement of accounts of the fund for each fiscal year, and shall submit them to the Minister of Strategic Planning and Finance after review at the Council by the end of February of the following fiscal year:   <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; and Presidential Decree No. 23139, Sep. 15, 2011>

 

1.Documents on the overview and analysis of the statements of accounts of the fund;

 

2.Financial statements such as position statement, financial operating statement, statement of changes in net assets, etc.;

 

3. List of comparisons between fund operation plans and actual achievements;

 

4. Statement of revenues and expenditures; and

 

5.Other documents necessary to clarify the details of the settlement of accounts.

 

Article 119 (Receipts and Disbursements of Reserve Fund, etc.)

 

Necessary matters concerning receipts and disbursements of the reserve fund and spare money of the fund under Article 84 of the Act shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>