国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 1

※ 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 01. Jan, 2016.] [Presidential Decree No.26690, 04. Dec, 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 prescribe matters delegated by the Employment Insurance Act and matters necessary for the enforcement of said Act.

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

"Money and valuables prescribed by Presidential Decree" in subparagraph 5 of Article 2 of the Employment Insurance Act (hereinafter referred to as the "Act") means non-taxable wage and salary income prescribed in 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 (Composition of Employment Insurance Committee) (1) Persons who represent employees and employers, as set forth 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 a national labor union and a nation-wide employers' association, respectively.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

(2) Persons who represent the public interest prescribed in Article 7 (4) 3 of the Act shall be commissioned by the Minister of Employment and Labor from among those with sufficient knowledge and experience in employment insurance and the overall field of employment and labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Persons who represent the Government prescribed in Article 7 (4) 4 of the Act shall be appointed by the Minister of Employment and Labor from among the public officials belonging to the Senior Civil Service Corps in the central administrative agency related with 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, Etc. of Members) (1) The term of office of commissioned members specified in Article 7 (4) 1 through 3 of the Act shall be two years: Provided, That the term of office of supplementary members shall be the remainder of their predecessor's term of office.

(2) Where the member commissioned pursuant to Article 1-3 (1) and (2) falls under any of the following, the Minister of Employment and Labor may dismiss the relevant member:   <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015>

1.Where he/she is unable to perform his/her duties due to mental and physical disorder;

2. Where there is a misdeed relevant to his/her duties;

3.Where he/she is deemed inappropriate to be a member due to neglect of duties, injury to dignity or other causes;

4.Where the member expresses his/her intention that it is difficult to perform his/her duties.

[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 prescribed in Article 7 of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise general supervision over the affairs of the Committee .

(2) If the Chairperson is not able to perform his/her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on behalf of the Chairperson.

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Article 1-6 (Meetings) (1) The Chairperson shall convene and preside over meetings of the Committee.

(2) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Article 1-7 (Specialized Committee) (1) The Specialized Committee for Employment Insurance Operation and the Specialized Committee for Employment Insurance Assessment (hereinafter referred to as the "Specialized Committee") shall be established under Article 7 (5) of the Act.

(2) Each Specialized Committee shall be comprised of not more than 15 members, including one Chairperson.

(3) The Chairperson of the Committee shall appoint or commission the Chairperson of a Specialized Committee, from among members of the Committee, and appoint or commission members of a Specialized Committee from any of the following persons:

1.Persons with knowledge and experience in social insurance, such as employment insurance, who are recommended by the labor unions at a national level or employers' associations at a national level;

2. Persons with sufficient knowledge and experience in social insurance, such as employment insurance;

3.Public officials in Grade III or Grade IV in the central administrative agency related to employment insurance.

(4) The Chairperson of the Specialized Committee shall file reports to the Committee concerning the results of review and coordination of matters deliberated upon by the Specialized Committee, pursuant to Article 7 (5) of the Act.

(5) Articles 1-4 through 1-6 shall apply mutatis mutandis to the Specialized Committee. In such cases, “Article 7 (4) 1 through 3 of the Act” shall be deemed “Article 1-7 (3) 1 and 2;” “The Minister of Employment and Labor” shall be deemed “the Chairperson of the Committee;” and “Article 1-3 (1) and (2)” shall be deemed “Article 1-7 (3) 1 and 2.”  <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 26844, Dec. 31, 2015>

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Article 1-8 (Members in Charge of Survey Research) (1) In order to conduct survey research on specialized matters concerning employment insurance, the committee may have not more than 5 members in charge of survey and research.

(2) Survey and research members shall be commissioned by the Chairperson of the Committee from those with sufficient knowledge and experience in employment insurance.

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Article 1-9 (Requests for Cooperation)

Where deemed necessary for deliberation of agenda items, the Committee or the Specialized Committee (hereinafter referred to as the "Committee, etc.") may hear opinions by requesting relevant administrative agencies or organizations to submit documents or having related persons, such as relevant public officials or specialists, etc. make attendance to state their 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, who shall be appointed by the Chairperson of the Committee 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 of Members)

Allowances and travel expenses may be reimbursed within the budget for members who appear at meetings of the Committee, etc. or submit review comments on the agenda items: Provided, That no allowances and travel expenses shall be reimbursed for members who are public officials directly related to the relevant affairs.

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Article 1-12 (Detailed Rules of Operation)

Matters necessary for the operation of the Committee, etc., except as provided for in this Decree, shall be determined by the Chairperson of the Committee, subject to the resolution by the Committee.

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]