Article 52 (Payment of Extended Training Benefits) (1) The term “period determined by the Presidential Decree” in the latter part of Article 42 (2) of the Act shall be two years. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) and (3) Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
Article 52-2 (Payment of Individual Extension Benefit) (1) The term “qualified recipients who are hard to live and find jobs as determined by the Presidential Decree” listed in Article 42-2 (1) of the Act shall be qualified recipients meeting all the requirements: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
1. Deleted; <by Presidential Decree No. 16464, Jul. 1, 1999>
2. A person who has failed to get a job after complying with the job arrangement by the head of an vocational stabilization agency not less than three times for the period ranging from the day he reports his unemployment to the day the payment of the job-seeking allowance for him terminates and still remains unemployed with a dependent family member falling under any of the following items:
(a) The person who is aged between not more than 18 and not less than 65;
(b) The disabled persons under the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act; and
(c) The patient who requires a medical treatment for not less than one month;
3. A person who needs the vocational ability development training for reemployment in view of his vocational experience, wage level, or labor market circumstances, but has not received or is not receiving such vocational ability development training; and
4. A person for whom the aggregate of the basic wage per diem and the property of himself and his spouse are respectively in less than the standards determined and publicly notified by the Minister of Labor.
(2) The term “period as determined by the Presidential Decree” in Article 42-2 (2) of the Act means sixty days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Where a qualified recipient desires to receive individual extended benefits, he shall submit a written application for the individual extended benefits, together with a recipient qualification certificate, to the head of the vocational stabilization agency having jurisdiction over his residence by the closing date of the payment of the job-seeking benefits. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(4) The necessary matters on the payment of individual extended benefits referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 52-3 (Payment of Special Extended Benefits)
The term “reasons prescribed by the Presidential Decree” in Article 423 (1) of the Act means the cases falling under any of the following subparagraphs and also the case where such situation is expected to continue in the future: <Amended by Presidential Decree No . 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999>
1.Where the rate calculated by dividing the number of those who received job-seeking benefits every month (excluding the number of those who receives the training extension benefits under Articles 42 through 423 of the Act) by the number of the insured as of end of the month concerned exceeds 3/100 of the three straight months, respectively;
2. Where the rate of application for recipient qualification exceeds 1/100 for three straight months; and
3. Where the employment rate every month exceeds 6/100 for three straight months.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 53 (Payment Procedure for Job-seeking Benefit) (1) The qualified recipient, on the first unemployment recognition date when he presents himself at the local vocational stabilization agency, shall designate and report the financial institution and account number by which he desires to be paid the job-seeking benefit. The same applies in the case of changing the financial institution and account number. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The job-seeking benefit shall be paid through the financial institution designated by the qualified recipient. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 54 (Special Cases of Payment of Job-seeking Benefit)
The term “qualified recipients as determined by the Presidential Decree” listed in Article 43 (2) of the Act means:
1.A person who is recognized as having been unemployed for falling under special causes for recognition of unemployment referred to in Article 44-2;
2.A person whose date of recognition of unemployment has been changed pursuant to Article 45;
3. A person who is recognized as having been unemployed by certificate pursuant to Article 46; and
4. Any qualified recipient who undergoes vocational abilities development training.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 55 (Claim for Unpaid Job-seeking Benefit) (1) The person who desires to claim payment of unpaid job-seeking benefit under Article 44 (1) of the Act (hereinafter referred to as the “unpaid benefit claimant”) shall submit the claim for the unpaid unemployment benefit to the head of the vocational stabilization agency who has jurisdiction over the residential area of the deceased. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) As provided by Article 44 (2) of the Act, in the case that the unpaid benefit claimant desires to obtain the recognition of unemployment of the deceased qualified recipient, he shall present himself at the vocational stailization agency which has jurisdiction over the residential area of the qualified recipient and submit a written claim for the unpaid unemployment benefit and obtain the recognition of unemployment of the qualified recipient.
(3) When the unpaid benefit claimant submits the written claim for the unpaid unemployment benefits, he shall submit the report or documents which should have been submitted when the deceased qualified recipient desired to obtain the payment of the job-seeking benefit. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56 (Applying Mutatis Mutandis)
The provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of the job-seeking benefit to the unpaid benefit claimant. In this case, the term “responsible local vocational stabilization agency” shall read the “vocational stabilization agency which has jurisdiction over the residential area of the deceased”, and the term “qualified recipient” shall read “unpaid allowance claimant”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 56-2 (Scope of Large Amount of Money and Articles) (1) The term “money and articles of not less than the amount determined by the Presidential Decree” in Article 45-2 (1) of the Act means the money and articles (excluding wages) of one hundred million won or more in total amount paid at the time of separation, irrespective of their names, such as retirement allowances and retirement consolation benefits.
(2) The term “person who is certain to receive as determined by the Presidential Decree” in Article 45-2 (1) of the Act means the person who left his job at the business falling under any of the following subparagraphs: Provided, that this shall not apply to the case where the relevant business faces with the fact determined by the Ordinance of the Ministry of Labor such as a sentence of bankruptcy under the Bankruptcy Act during the period from one year before the qualified recipient left his job to the date of report on unemployment after leaving job: <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000>
1. A government-invested institute under Article 2 of the Framework Act on the Management of Government-Invested Corporations;
2. A local corporation and local public corporation under Articles 49 and 76 of the Local Public Enterprises Act;
3. A business to which the State, local government, or governmentinvested institute has financed one half or more of its capital stock, or contributed one half or more of its endowment; and
4. A business which has no delayed payment of wages during one year prior to the date of leaving job.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 57 (Notice of Payment Suspension of Job-seeking Benefits) (1) According to Article 46 of the Act, the head of the vocational stabilization agency shall, when he decides upon payment suspension of the job-seeking benefits, record this fact on the recipient qualification certificate and return it to the qualified recipient. In such case, he shall without delay notify of the reasons and period, etc. for payment suspension under the conditions as prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 17301, Jul. 7, 2001>
(2) When the head of the vocational stabilization agency decides to suspend payment of job-seeking benefits, he shall not recognize unemployment during the period of payment suspension. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 57-2 (Dishonest Acts Mitigating Restriction on Payment of Jobseeking Benefits)
The term “case falling under the causes determined by the Presidential Decree” in the main sentence of Article 47 (2) of the Act means that a qualified recipient has causes falling under any of the following subparagraphs:
1. Where one fails to report on the fact of offering labor or occurring of the incomes at an application for a recognition of unemployment or makes a false report during the period which is desired to be recognized as unemployment (hereinafter referred to as a “period subject to unemployment recognition”); and
2. Where one makes a false report on the job-seeking activities performed during the period subject to unemployment recognition.
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 58 (Refund, etc., of Job-seeking Benefits) (1) Under the provisions of Articles 47 and 48 of the Act, when the head of the vocational stabilization agency decides to suspend payment of jobseeking benefits or refund of job-seeking benefits, or to collect the amount equivalent to the job-seeking benefits, he shall notify this fact to the qualified recipient (including a business operator under Article 48 (2) of the Act) without delay. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) Any person who is ordered to refund job-seeking benefits or to pay the amount equivalent to job-seeking benefits under paragraph (1) shall make payment within thirty days from the notice: Provided, That where the amount to be paid is not less than an amount as determined by the Minister of Labor, it may, upon his own application, be paid in installments. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(3) Procedures and time limit, etc. for installment payment referred to in the proviso of paragraph (2) shall be determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15587, Dec. 31, 1997>
Article 59 (Payment Request and Payment Exceptions for Injury, Disease or Child Birth Benefits)(1) A qualified recipient shall, in case he desires to request the payment of injury, disease or child birth benefits under Article 49 (1) of the Act, directly or by proxy, submit a written claim for payment of the injury, disease or child birth benefits, together with his recipient qualification certificate and the certificate of disease, injury or child birth, to the head of the responsible local vocational stabilization agency within 14 days after the cause of inability to work has been removed (within 30 days after the period of payment under Article 39 of the Act is completed, if the period of payment expires within the period of inability to work): Provided, That this shall be submitted within seven days after a natural disaster or other unavoidable causes. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) The term “compensation or benefits determined by the Presidential Decree” in Article 49 (4) of the Act means compensation or benefits falling under the following subparagraphs: <Amended by Presidential Decree No. 17301, Jul. 7, 2001>
1. Compensation for business shutdown under Article 3 (2) of the State Compensation Act; and
2.Compensation money under Article 7 of the Honorable Treatment of Persons Wounded or Killed for a Righteous Cause Act.
Article 60 (Mutatis Mutandis Application)
The provisions of Articles 49, 53 and 55 through 58 shall apply mutatis mutandis to injury, disease, or child birth benefits. In this case, the term “application form for unemployment recognition” in Article 49 shall be deemed to read “application form for injury, disease, or child birth benefits”; and the term “job-seeking benefits” in Articles 53 and 55 through 58 shall read “injury, disease, or child birth benefits”. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 61 (Payment Standards for Early Re-employment Allowance) (1) The term “case falling under the standards determined by the Presidential Decree” in Article 50 (1) of the Act means a case in which a qualified recipient is employed at a business which guarantees employment continuously for not less than six months after the waiting period has lapsed, as provided in Article 40 of the Act: Provided, That this shall not apply to a case where the qualified recipient is re-employed by a former business operator or a business operator related to the former business operator who is designated by the Ordinance of the Ministry of Labor, or to the business operator who makes an employment promise before the reported date of unemployment under Article 33 of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(2) The term “period set by the Presidential Decree” in Article 50 (2) of the Act shall be two years.
Article 62 (Amount of Early Re-employment Allowance) (1) The amount of early re-employment allowance under Article 50 (3) of the Act shall be the amount calculated by multiplying a daily amount of the job-seeking benefits of the qualified recipient by one half of the number of unpaid days. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 17301, Jul. 7, 2001>
(2) Notwithstanding the provision of paragraph (1), the amount of the early re-employment allowance in case where a qualified recipient falls under the following subparagraphs shall be the amount obtained by multiplying a daily amount of the job-seeking benefits by the number of unpaid days: <Newly Inserted by Presidential Decree No. 17301, Jul. 7, 2001>
1.He shall be re-employed in the job series (based upon the classifications on the Korea Standard Occupational Classification Table publicly notified by the Commissioner of the National Statistical Office under Article 17 of the Statistics Act) falling under any of the following items in the business kinds set forth and publicly notified by the Minister of Labor, which are the business of manufacturing, construction or fishery falling under the small or medium business under Article 3 of the Enforcement Decree of the Framework Act on Small and Medium Enterprises:
(a) Skilled workers and those engaged in the related skills;
(b) Those engaged in equipments, machine operation and assembling; and
(c) Those engaged in a simple labor; and
2. Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
Article 63 (Request, etc., for Early Re-employment Allowance) (1) Where a qualified recipient desires to obtain early re-employment allowance, he shall submit a written claim for the early re-employment allowance together with his recipient qualification certificate to the head of the responsible local vocational stabilization agency. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The written claim for early re-employment allowance under paragraph (1) shall be submitted after he is re-employed at a stable occupation pursuant to Article 50 (1) of the Act. <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
(3) The provisions of Article 53 shall apply mutatis mutandis to payment procedure for early re-employment allowance.
Article 64 (Vocational Ability Development Allowance) (1) Vocational ability development allowance referred to in Article 51 (3) of the Act shall be paid to a qualified recipient who received the job training, etc., designated by the head of the vocational stabilization agency, on the day which is designated for payment of job-seeking benefits. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The amount of vocational ability development allowance under Article 51 (3) of the Act is the amount which the Minister of Labor has decided and announced in consideration of traffic expenses, food expenses and other necessary expenses for the job training, etc.
(3) Vocational ability development allowance is paid on the day of payment of job-seeking benefits of a qualified recipient. In this case the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the vocational ability development allowance. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The procedure of application for the vocational ability development allowance shall be determined by the Minister of Labor.
Article 65 (Wider Area Job-Seeking Expenses) (1) The “standards determined by the Presidential Decree” in Article 52 (1) of the Act shall require the following conditions:
1. Job-seeking activities shall begin after the waiting period has lapsed as stipulated under Article 40 of the Act;
2. Expenses required for job-seeking activities shall not be paid by the operator of the business which a qualified recipient visits for jobseeking, and even if paid, they shall be less than the amount of the wider area job-seeking expenses; and
3.The distance from the qualified recipient's residence to the place of business visited for job-seeking shall be as for as or farther than the distance determined by the Minister of Labor. In this case, the distance is measured by the usual route from the residence to the business place, and a waterway is considered double the actual distance.
(2) The procedure of application for the wider area job-seeking expenses shall be determined by the Ordinance of the Ministry of Labor. In this case, the provisions of Article 53 shall apply mutatis mutandis to the payment procedure for the wider area job-seeking expenses.
Article 66 (Relocation Expenses) (1) The “standards determined by the Presidential Decree” in Article 53 (1) of the Act shall be under the following conditions: Provided, That the case of being employed with a labor contract period of less than one year shall be excluded:
1.In the case of being employed or receiving vocational training after the waiting period under Article 40 of the Act has lapsed, the head of the responsible local vocational stabilization agency shall recognize it as necessary to change the residence under the standards determined by the Minister of Labor; and
2.The expenses of moving the residence shall not be paid by the business operator who employs the qualified recipient, and even if paid, the amount shall be less than the relocation expenses.
(2) The procedure for claiming relocation expenses shall be determined by the Ordinance of the Ministry of Labor. In this case the provisions of Article 53 shall apply mutatis mutandis to the procedure for payment of relocation expenses.
Article 67 (Applying Mutatis Mutandis)
The provisions of Articles 55, 56, 57 through 58 shall apply mutatis mutandis to the Employment Promotion Allowance. In this case, the term “qualified recipient” in Articles 55 and 57 shall read “person qualified for employment promotion allowance” and the term “job-seeking benefit” in Article 57 shall read “employment promotion allowance”. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
Article 68 (Entrustment of Business) (1) The head of the vocational stabilization agency may, if it is deemed necessary according to the application of the qualified recipient, entrust unemployment payment-related affairs for that person to another head of the vocational stabilization agency .
(2) If the entrustment under paragraph (1) is performed, the entrusted head of the vocational stabilization agency shall perform the tasks of recognition of unemployment, payment of unemployment benefits and other activities related to unemployment benefits for the qualified recipient, in spite of the provisions of this Chapter.
CHAPTER V-2 CHILDCARE-RELATED TEMPORARY RETIREMENT BENEFITS, ETC.
Article 68-2 (Reasons for Extension of Application Period for Childcarerelated Temporary Retirement Benefits)
For the purpose of the proviso of Article 55-2 (1) 3 of the Act, the term “reasons as prescribed by the Presidential Decree” means the reasons falling under any of the following subparagraphs:
1. Natural disasters;
2. Disease or injury of the principal or spouse;
3. Disease or injury of the lineal ascendants and descendant of the principal or spouse;
4. Obligatory services pursuant to the Military Service Act; and
5. Detention or execution of sentence for the criminal suspicion.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-3 (Amount of Childcare-related Temporary Retirement Benefits) (1) The amount of the childcare-related temporary retirement benefits under Article 55-2 (2) of the Act shall be 300,000 won per month. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(2) The amount of the childcare-related temporary retirement benefits under paragraph (1) shall be paid by computing the number of days in case of a month when the period subject to payment falls short of one month.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-4 (Employment Report, etc. during Period of Childcare-related Temporary Retirement Benefits)
An insured employee shall, when she makes a report on quitting her job or taking another employment under Article 55-4 (1) of the Act, enter the relevant fact in a written application for childcare-related temporary retirement benefits first submitted after the date when she quits her job or takes another employment.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-5 (Mutatis Mutandis Application)
The provisions of Article 58 shall apply mutatis mutandis to the suspension of payment or the order to return, etc. of the childcare-related temporary retirement benefits paid under Article 55-2 (1) of the Act. In this case, the term “Article 47 or 48 of the Act” shall be read as “Article 55-5 or 55-6 of the Act”, and “job-seeking benefits” as “childcare-related temporary retirement benefits”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-6 (Entrustment of Affairs for Childcare-related Temporary Retirement Benefits)
The head of a vocational stabilization agency may, where deemed necessary upon an application of an insured employee, deal with the affairs for childcare-related temporary retirement benefits, which are performed against the relevant person, by entrusting them to the head of another vacational stabilization agency.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-7 (Reasons for Extension of Application Period for Maternity Leave Allowance)
The provisions of Article 68-2 shall apply mutatis mutandis to the maternity leave allowance before and after childbirth. In this case, the term “proviso of Article 55-2 (1) 3 of the Act” shall be read as “proviso of subparagraph 2 of Article 55-7 of the Act”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-8 (Maximum or Minimum Amount of Maternity Leave Allowance)
The maximum and minimum amount of maternity leave allowance to be paid to an insured employee under Article 55-8 (2) of the Act shall be as follows:
1.Maximum amount: 1.35 million won, in case where the amount equivalent to the ordinary wages is in excess of 1.35 million won; and
2.Minimum amount: Minimum standard monthly wages, in case where the amount equivalent to the ordinary wages is smaller than the amount obtained by multiplying the specified working hours for one month prior to commencing a leave of the insured person by the minimum wage amount equivalent to the unit of time under the Minimum Wages Act which is applied at the time of the date commencing the leave (hereafter in this subparagraph, referred to as the “minimum standard monthly wages”).
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-9 (Mutatis Mutandis Application)
The provisions of Article 68-4 shall apply mutatis mutandis to the report on the employment, etc. during the maternity leave before and after childbirth. In this case, the term “childcare-related temporary retirement benefits” shall be read as “maternity leave allowance”, and “Article 55-4 (1) of the Act” as “Article 55-4 (1) of the Act to be applied mutatis mutandis pursuant to Article 55 of the Act”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
Article 68-10 (Mutatis Mutandis Application)
The provisions of Article 58 shall apply mutatis mutandis to the suspension of payment or the order to return, etc. of the maternity leave allowance paid under Article 55-7 of the Act. In this case, the term “Article 47 or 48 of the Act” shall be read as “Article 55-9 of the Act”, and “job-seeking benefits” as “maternity leave allowance”.
[This Article Newly Inserted by Presidential Decree No. 17403, Oct. 31, 2001]
CHAPTER Ⅵ PREMIUM
Article 68-11 (Application of Labor Expense Ratio in Workplace Subject to Block Application)
In applying the labor expense rate determined and notified by the Minister of Labor pursuant to Article 56 (4) of the Act, the labor expense ratio of the business which is subject to the block application pursuant to Article 10-2 of the Act shall be the labor expense ratio of the year concerned for the kind of business with the largest annual amount of actual construction work during the previous year. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 69 (Premium Rate) (1) The premium rate under Article 57 (1) of the Act shall be as follows: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17853, Dec. 30, 2002>
1. The premium rate for employment stabilization activities shall be 15/10000;
2.The premium rate for vocational ability development activities shall be as follows:
(a) 1/1000 in the case of the business in which the business operator ordinarily employs fewer than 150 persons;
(b) 3/1000 in the case of the business in which the business operator ordinarily employs not fewer than 150 persons and which fits the scope of preferentially-supported enterprise;
(c) 5/1000 in the case of the business in which the business operator ordinarily employs not fewer than 150 but fewer than 1000 persons and which does not fall under item (b); and
(d) 7/1000 in the case of the business which is run directly by the State or a local government and employs not fewer than 1,000 persons; and
3. The premium rate for unemployment benefits shall be 9/1000.
(2) In applying paragraph (1) 2, the number of workers ordinarily employed by the business operator shall be the total number of ordinarily employed workers in all of the businesses which are carried out by the business operator (excluding overseas businesses): in case of the business that supervises public housing under the Housing Construction Promotion Act, the number of workers who are employed ordinarily shall be calculated by the business type. <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
(3) In applying paragraph (1) 2 and paragraph (2), the number of ordinarily employed workers shall be the total number of the workers as of the last day of the previous year divided by the working months of the previous year: in the case of the business operator whose insurance relationship is established by beginning the business during the insurance year, the number of the present workers on the day of establishment of the insurance relationship shall be the number of workers who are ordinarily employed. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
(4) If the confirmation of the number of workers who are ordinarily employed in the construction business is impossible, notwithstanding paragraph (3), the number calculated by the following formula shall be the number of workers who are employed ordinarily by the business operator: in the case that the insurance relationship was established by beginning the business during the previous year, the denominator shall be replaced by the monthly average wage in construction business of the previous year multiplied by the number of months from the beginning of business to December, and in the case that the insurance relationship was established by beginning the business during the insurance year, the number of present employed workers as of the insurance establishment date shall be considered as the workers who are ordinarily employed. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
(5) The definitions of the terms used in paragraph (4) shall be as follows: <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
1. “Actual amount of construction work” shall be the actual amount of construction work which is the legally subcontracted part as provided in the Construction Business Act or other related Acts and subordinate statutes, subtracted from the total actual amount of construction work;
2. “Labor expense ratio”, pursuant to Article 56 (4) of the Act, means the labor expense ratio for the kind of business with the largest annual amount of actual construction work during the previous year from among the announced labor expense ratio; and
3. “Monthly average wage in construction business” shall be the average wage calculated and notified by the Minister of Labor on the basis of the wage in construction business contained in the Monthly Labor Statistical Research Report prepared by the Minister of Labor under Article 2 of the Statistics Act.
(6) In applying paragraph (1) 2, the premium rate for vocational ability development activities to be applied to the contractor shall be applied to subcontractors who become business operators under the proviso of Article 9 (5) of the Act: Provided, That where an individual business which is subject to the block application pursuant to Article 10-2 of the Act obtains recognition pursuant to the proviso of Article 9 (5) of the Act, the premium rate for vocational ability development activities of the business operator who is the subcontractor concerned, will be applied. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
(7) Notwithstanding paragraphs (1) 2 and (2), in case the business is transferred or the business operators are merged during the insurance year, the premium rate for vocational ability development activities applicable before the transference or merger shall be applied to the transferred or merged business, restricted to the insurance year. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996>
Article 70 (Collection of Premium through Withholding)
When the business operator desires to collect the premium through withholding under Article 59 (1) of the Act, he shall deduct the amount equivalent to the premium to be paid by the insured workers from their paid wage, on the basis of the total sum of the wage to be paid plus the wage which is paid irregularly after the regular wage payday, whenever the business operator makes the regular wage payment to the insured workers.
[This Article Wholly Amended by Presidential Decree No. 14935, Mar. 9, 1996]
Article 71 (Total Wage Estimate and Its Increase) (1) The “case determined by the Presidential Decree” in Article 60 (1) of the Act shall be when the total estimated wage of the insurance year is not less than 70/100 but not more than 130/100 of the total wage during the previous year.
(2) Deleted. <by Presidential Decree No. 15367, May 8, 1997>
(3) The “scope determined by the Presidential Decree” in Article 60 (2) of the Act shall be 100 percent.
Article 71-2 (Subject Exempted from Report and Payment of Increase Estimated Premiums)
The term “business owner determined by the Presidential Decree” in the proviso of Article 60 (2) of the Act means the business owner employing less than five permanent workers who are calculated under the provisions of Article 69 (2) through (5).
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 72 (Measures Following Change, etc., in Application to Insured Business) (1) The business operator , in the case of expansion of the types of insured business related to the concerned business as a result of joining the insurance or by changing the scale of business, etc., shall file a report on the recalculated amount of the premium in accordance with the enlarged insured business under Article 60 of the Act and pay such premium, within seventy days from the day the business is enlarged. In this case, the provisions of Article 65 (4) of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the report and notification of the recalculated premium. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) The Minister of Labor, in case the types of insured business which are applicable to the concerned business are reduced by the cancellation of the insurance contract of an insured business, shall adjust the recalculated premium by reduction, and if the estimated premium paid before exceeds the adjusted premium, the difference shall be refunded.
[This Article Wholly Amended by Presidential Decree No. 14935, Mar. 9, 1996]
Article 73 (Applying Mutatis Mutandis)
The provisions of Articles 67, 68 (1) and (3) through (6), 69, and 70 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the report and notification of the recalculated premium. In this case “public corporation” in Article 67 and 69 (1) shall be read “Minister of Labor”. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 73-2 (Installment Payment of Employment Premium)
The business the estimated premium of which is to be paid in installments under Article 68 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act to apply mutatis mutandis under Article 73 shall be limited to the business for which the premium relationship is established prior to June 30 of the relevant insurance year: Provided, That this shall not apply to the business which needs the payment of the difference between the estimated premiums under Article 60 (2) of the Act or which is to be conducted for a limited period of less than 6 months, such as construction projects.
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 74 (Applying Mutatis Mutandis)
The provisions of Article 73 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the inspection and collection of the fixed premium which shall be applied mutatis mutandis to Article 61 (2) of the Act.
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 75 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 76 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 76-2 (Associations to be Authorized as Employment Insurance Affairs Association)
The “association which meets the standards determined by the Presidential Decree” in the former part of Article 64 (1) of the Act means an association which is authorized or permitted by, or registered with or reported to, the competent authorities pursuant to the provisions of Acts (hereinafter referred to as the “association”).
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 77 (Scope of Business Operator Delegating Insurance Affairs) (1) A business operator who may delegate insurance affairs under the latter part of Article 64 (1) of the Act shall be the business operator who ordinarily employs fewer than one hundred persons. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Even if the business operator who delegates the insurance affairs ordinarily employs more than the number of the workers under paragraph (1) due to the expansion or merger of the business, he may delegate the insurance affairs continuously during the insurance year.
Article 78 (Authorization of Employment Insurance Affairs Association) (1) In case the association desires to obtain the authorization of the Minister of Labor under Article 64 (2) of the Act, it shall present a written application form for the authorization of the insurance association affairs association to the Minister of Labor, annexing the following documents: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. A copy of a document certifying the fact that it is authorized or permitted by, or registered with or reported to, the competent authorities;
2. A copy of the articles or agreement of the association;
3. A last year’s balance sheet, a statement of profit and loss, a list of property, and a document which certifies the property, of the association: Provided, That in case of the association newly established in the relevant year, the submission of the balance sheet and the statement of profit and loss may be exempted;
4. A copy of an agreement between the association and the business operator on the procedure of delegating the insurance business; and
5.A copy of an agreement concluded or passbook opened between the association and national treasury agencies, national treasury receipt agencies, or post offices designated by the Bank of Korea in order to prevent the diversion of premiums.
(2) The person who desires to obtain the authorization necessary for transacting employment insurance affairs under Article 64 (2) of the Act shall meet the following necessary conditions: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. Clear statement in the articles of association and agreement indicating that insurance business activities are the purpose of the association;
2. Ability of the business operators' association to show in the balance sheet and statement of profit and loss that management is conducted without loss, through self-generated income; and
3. Existence of thirty business operators or more who are expected to delegate their employment insurance affairs.
(3) The association which has obtained authorization of the Minister of Labor under Article 64 (2) of the Act (hereinafter referred to as “employment insurance affairs association”) shall report to the Minister of Labor by 30 days before the discontinuation date in case it desires to discontinue the insurance affairs, and by 7 days before the date of change in case it desires to change the contents of the authorization. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 79 (Commission of Employment Insurance Affairs and Report of Termination of Commission)
The employment insurance affairs association shall, when employment insurance affairs are commissioned or the commission for the insurance affairs is terminated, report to the Minister of Labor within 14 days. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 79-2 (Maintenance of Book of Employment Insurance Affairs Association)
The books and other documents which the employment insurance affairs association are to prepare and keep on file under Article 64 (4) of the Act shall be as follows:
1. The list of business operators who delegate the transaction of insurance affairs;
2. The collection affairs transaction book according to each business;
3. The transaction book of insurance affairs, according to each business, other than collection affairs such as the report of the insured, and the relevant documents;
4. The documents related to the delegation of insurance affairs between the employment insurance affairs association and the business operators;
5.The documents related to the payment application and receipt of the support under Article 80-2;
6.The documents of the payment notice and the receipt of premiums and other collection money imposed on the business operators; and
7. The agreement concluded with national treasury receipt agencies.
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 80 (Applying Mutatis Mutandis)
The provisions of Articles 56 (2), 56-2, and 58 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the treatment of insurance affairs by the employment insurance affairs association. In this case, the “public corporation” shall be read as the “Minister of Labor” and the “insured” shall be read as the “business operator”. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
Article 80-2 (Assistance to Employment Insurance Affairs Association) (1) The Minister of Labor shall pay, half-yearly, the employment insurance affairs association which transacts the insurance affairs delegated by a business operator under Article 64-2 of the Act, a collection expenses grant due to the payment of premiums (hereinafter referred to as the “collection expenses grant”) and other support due to the transaction of insurance affairs (hereinafter referred to as the “insurance affairs promotion support”). <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(2) The collection expenses grant shall be the amount equivalent to 1/100 of the paid amount where the actual results of payment of premiums and other collection money to be collected during the first or latter half of the relevant insurance year are not less than 80/100 but less than 95/100, and shall be the total sum of the amounts calculated by the following standards where the actual results of such payment are not less than 95/100: Provided, That where the employment insurance affairs association has reported the closure of business during the insurance year under Article 78 (3),the standards for the collection expenses grant shall be the actual results of payment of premiums and other collection money whose payment time expires between the first day of the first or latter half of the insurance year concerned and the 15th day of the middle month of the quarter to which the closure day of the business belongs: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1.The amount equivalent to 5/100 of the amount paid after receipt from the delegated business operator who ordinarily employs less than 16 workers;
2.The amount equivalent to 3/100 of the amount paid after receipt from the delegated business operator who ordinarily employs not less than 16 but less than 30 workers; and
3.The amount equivalent to 1/100 of the amount paid after receipt from the delegated business operator who ordinarily employs not less than 30 workers.
(3) In calculating the actual results of payment of premiums under paragraph (2), the amount paid by means of a disposition for arrears shall be excluded.
(4) The insurance affairs promotion support shall be paid half-yearly according to the following classification based on the size of the delegated business on condition that, if the delegated period of insurance affairs is not less than three months but less than six months, it shall be reduced by fifty percent, and if the period is less than three months, it shall not paid: <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
1.Business which ordinarily employs not more than 10 workers: eight thousand won per place of business;
2. Business which ordinarily employs not less than 11 but less than 30 workers: five thousand won per place of business; and
3.Business which ordinarily employs not less than 30 workers: three thousand won per place of business.
(5) Where the employment insurance affairs association intends to be paid the collection expenses grant and insurance affairs promotion support, it shall apply to the Minister of Labor for the payment of such grant and support after one month from the date when the first or latter half of the relevant insurance year terminates (where the discontinuation of business is reported under Article 78 (3), the discontinuation date). <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998]
Article 80-3 (Restriction of Assistance to Employment Insurance Affairs Association) (1) The Minister of Labor may, where the employment insurance affairs association causes any loss in collecting premiums and other collection money, reduce the collection expenses grant and insurance affairs promotion support to the amount equivalent to the loss.
(2) The Minister of Labor may, where the employment insurance affairs association does not comply three times or more with the corrective order which is made by the head of the vocational stabilization agency concerned because it neglects or delays a report on the acquisition, loss, or change of qualifications for the insured, reduce the insurance affairs promotion support for the employment insurance affairs association by fifty percent.
[This Article Wholly Amended by Presidential Decree No. 16095, Feb. 1, 1999]
Article 81 (Applying Mutatis Mutandis)
The provisions of Articles 74 (excluding paragraph (1) 4 of the same Article) through 76, 79 through 79-5 and 80 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the payment and collection of the insurance premium. In this case, “public corporation” in Articles 74 (3) and 80 (2) shall become “Minister of Labor”; “insured” in Article 74 (2) and (3) shall become “business operator”; “notice” in subparagraph 2 of Article 75 shall be “report”; “provisions of Article 72 of the Act” in Article 76 (2) 2 shall be “provisions of Article 48 of the Employment Insurance Act”; “amount of insurance benefit” shall be “job-seeking benefit or the amount equivalent to the amount of job-seeking benefit”; and “3 chun/day” in Article 74 (4) shall be “4 chun/day”. <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 14628, Apr. 15, 1995]
CHAPTER Ⅶ EMPLOYMENT INSURANCE FUND
Article 82 (Management Business, etc., of Fund) (1) The term “methods to increase the fund determined by the Presidential Decree” in Article 67 (3) 4 of the Act means a purchase of the securities under Article 2 (1) of the Securities and Exchange Act.
(2) The term “certain level determined by the Presidential Decree” in Article 67 (4) of the Act means the earning ratio determined by the Minister of Labor, taking into consideration the interest rate on a fixed deposit with a one-year expiration (referring to the interest rate applied by banks with nationwide business areas from among financial institutions established under the Banking Act).
[This Article Wholly Amended by Presidential Decree No. 17301, Jul. 7, 2001]
Article 83 (Fund Accounting)
Accounting for employment insurance fund (hereinafter referred to as the “fund”) shall be done according to the principles of business accounting. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 84 (Use of Fund)
The term “expenses determined by the Presidential Decree” in subparagraph 5 of Article 68 of the Act means the following expenses: <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
1. Expenses for management of insurance business;
2. Expenses for management/operation of the fund;
3. Subsidies related to employment insurance affairs association;
4. Payment of consignment fees for business or affairs under the Act; and
5. Contribution to the person who exercises by proxy or is entrusted with the business under the Act.
Article 85 (Entrustment of Fund Payment)
The Minister of Labor may execute the business related to the payment of support and subsidies from the fund, granting of loans, payment of training expenses and training allowances, payment of unemployment benefits or refunds of insurance premium (hereinafter referred to as the “payment, etc., of insurance amount”) by entrusting the business to a financial institution under the Banking Act or to a communications agency.
Article 86 (Fund Operation Plan)
The fund operation plan under Article 69 (1) of the Act shall include the following matters:
1. Matters related to income and expenditures of the fund;
2. Matters related to business plans planned of the reasons for expenditures and fund plans for the concerned year;
3. Matters regarding the disposition of the fund carried over from the previous year;
4. Matters regarding the reserve fund; and
5. Other matters necessary for fund operation.
Article 87 (Notification of Fund Operation Result)
The Minister of Labor shall, under Article 69 (2) of the Act, notify the public of the results of the fund operation every year in one or more special daily financial newspaper or general daily newspaper which has its main office in Seoul Special Metropolitan City.
Article 88 (Accounting Institution of Fund) (1) The Minister of Labor shall, from among the affiliated public officials, appoint a fund accounting commander to be in charge of affairs related to the collection of the insurance premium and reasons for expenditure of the fund, a fund accounting official to be in charge of affairs related to the accounts and expenditures of the fund, and a fund daily expense accounting official to be in charge of business related to insurance money payments under the fund.
(2) The fund accounting commander shall be in charge of contracts for management and operation, actions which provide cause for income or expenditure of the fund, and business related to collection or decisionmaking about fund earnings; the fund accounting official shall be in charge of income and expenditures in the process of management and operation of the fund; the fund daily expense accounting official shall be in charge of management of the fund transferred by the fund accounting official, and of payment matters.
(3) The provisions affecting a financial commissioner or tax collector in the Liability of Accounting Personnel, etc. Act, shall apply mutatis mutandis to the fund accounting commander, and the provisions affecting a disbursement commissioner or accounting official shall apply mutatis mutandis to the fund accounting official.
(4) The Minister of Labor shall notify the Chairman of the Board of Audit and Inspection and the Chairman of the Bank of Korea when appointing the fund accounting commander and fund accounting official. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 88-2 (Repayment of Allowance)
The repayment of allowance referred to in Article 70 (3) of the Act shall be made from revenues of the business year upon the expiration of the period of repayment.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 89 (Designation of Transacting Bank)
The fund accounting official shall designate the Bank of Korea in its jurisdiction (including its main office, its branch office, its agency, or its national agency; hereinafter is the same), or the nearest Bank of Korea if there is no Bank of Korea in its jurisdiction, as the payer of the checks issued by him.
Article 90 (Procedure for Receipt of Fund Revenues) (1) When the fund accounting commander desires to collect revenues coming to the fund, he shall notify the person responsible for payment to pay it to the fund’s account in the Bank of Korea.
(2) When the Bank of Korea receives revenues for the fund, it shall deliver the receipt to the payer and send notice of the receipt to the fund accounting commander without delay.
(3) The Bank of Korea shall centralize the revenues of the fund received under paragraph (2) at the fund account established in the main office of the Bank of Korea according to handling procedures for national funds.
Article 91 (Procedure for Expenditure of Fund) (1) When the fund accounting commander executes an expenditure cause, he shall send the documents related to the expenditure cause to the fund accounting official.
(2) When the fund accounting official desires to disburse money from the fund for expenditures caused by actions of the fund account commander, he shall issue a check with the Bank of Korea as the payer.
(3) The amount which has not been expended during the concerned fiscal year due to unavoidable reasons, after the fund accounting commander has executed the causes for expenditure, may be expended by carrying it forward to the next year.
Article 92 (Prohibition on Cash Dealings)
The fund accounting official may not keep or handle cash: there is an exception in the case where Article 65 of the Budget and Accounts Act is applied.
Article 93 (Assignment of Limit on Amount of Fund Expenditure Cause Actions) (1) The Minister of Labor shall assign to each fund accounting commander a limit on the amount of fund to be used for expenditure cause actions within the scope of the quarterly expenditure cause actions plan in subparagraph 2 of Article 86.
(2) The Minister of Labor shall assign a limit on the amount of expenditure to each fund accounting official within the scope of the monthly fund plan in subparagraph 2 of Article 86.
Article 94 (Report on Operational State of Fund) (1) The fund accounting commander shall make a report on the amount of funds collected and on fund expenditure cause actions, and the fund accounting official shall make a monthly report on the fund expenditure amount. These shall be dated as of the last day of the present month and submitted to the Minister of Labor by the 20th day of the next month.
(2) Other necessary matters related to the report on fund operation management besides the reports covered by paragraph (1), shall be determined by the Minister of Labor.
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