国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 2~Article 3

Article 2 (Scope of Application) (1) "Types of employing units prescribed by Presidential Decree" in the proviso to Article 8 of the Act means any of the following business:   <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 26368, Jun. 30, 2015>

1. An agricultural business, a forestry business and a fishery business run by any person, other than a juristic person, with not more than four full-time employees;

2.Any of the following projects: Provided, That any project performed by any person who falls under subparagraphs of Article 15 (2) of the Act shall be excluded herefrom:

(a) A project for which the total construction costs as defined by Article 2 (1) 2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereafter referred to as "total construction costs" in this Article) do not exceed 20 million won;

(b) A project for construction of a building with a total floor area of not more than 100 square meters or substantial repair of a building with a total floor area of not more than 200 square meters;

3. Employment activity of households and other unclassified self-consumption and self-production.

(2) The scope of business falling under any subparagraph of paragraph (1) shall be as prescribed in the standard classification codes of industries as publicly notified by the Commissioner of the Korea National Statistical Office pursuant to Article 22 of the Statistics Act (hereinafter referred to to as the "Korea Standard Industrial Classification Codes"), except as otherwise specifically provided for in the Act or this Decree.

(3) Where a construction project the total construction costs of which were estimated to be less than 20 million won becomes a project worth at least 20 million won because of a change in its plan or design (including cases where there is an actual change in its plan or design) or where a construction project becomes subject to the blanket application pursuant to Article 8 (1) or (2) of the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Insurance Premium Collection Act"), all provisions of the Act shall become applicable to such project on the day when such event occurs.

Article 3 (Workers Exempt from Application) (1) "A person whose contractual working hours are shorter than the minimum number of hours prescribed by Presidential Decree" in subparagraph 2 of Article 10 of the Act means a person whose contractual monthly working hours are less than 60 hours (including a person whose contractual weekly working hours are less than 15 hours): Provided, That any person who provides his/her services for living continuously for three months or longer or a daily worker defined in subparagraph 6 of Article 2 of the Act (hereinafter referred to as "daily worker") shall be excluded herefrom.

(2) "Any other person prescribed by Presidential Decree" in subparagraph 5 of Article 10 of the Act means each of the following persons:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23274, Nov. 1, 2011>

1.A foreign worker: Provided, That any of the following persons shall be excluded herefrom:

(a) A person who holds the status of stay for intra-company transfer (D-7), corporate investment (D-8), or trade/management (D-9) (except where the laws of a foreigner's home country, which are relevant to premiums and benefits of insurance equivalent to the employment insurance under the Act, are not applicable to nationals of the Republic of Korea) among the status of stay granted to foreigners as provided for in Article 12 of the Enforcement Decree of the Immigration Act;

(b) A person with the status of stay with which he/she is permitted to work as an employee as provided for in Article 23 (1) of the Enforcement Decree of the Immigration Act (limited to a person who has applied for the purchase of insurance as prescribed by Ordinance of the Ministry of Employment and Labor);

(c) A person who falls under Article 23 (2) 1, 2, and 3 of the Enforcement Decree of the Immigration Act;

(d) A person who holds the status of stay as an overseas Korean (F-4) among the status of stay granted to foreigners as provided for in Article 12 of the Enforcement Decree of the Immigration Act (limited to a person who has applied for the purchase of insurance as prescribed by Ordinance of the Ministry of Employment and Labor);

(e) A person who holds the status of permanent residence (F-5) among the status of stay granted to foreigners as provided for in Article 12 of the Enforcement Decree of the Immigration Act;

2. An employee of a special post office prescribed in the Special Post Offices Act.

Article 3-2 (Purchase of Insurance by Public Officials in Extraordinary Civil Service or Fixed-Term Position) (1) The head of an administrative agency (hereinafter referred to as "competent agency") who appoints any public official in extraordinary civil service or in a fixed-term position (hereinafter referred to as "public official who qualifies for subscription") shall, without delay, confirm the intention of the public official who qualifies for purchase pursuant to the proviso to subparagraph 3 of Article 10 of the Act when the public official who qualifies for purchase is first appointed to the relevant competent agency.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 24852, Nov. 20, 2013>

(2) The head of a competent agency shall apply for purchase of employment insurance on behalf of a public official who qualifies for such purchase after confirming his/her intention to apply for insurance purchase pursuant to paragraph (1), to the head of a competent employment security office having jurisdiction over the location of the competent agency (hereafter referred to as "competent employment security office" in this Article) within three months from the date of his/her appointment: Provided, That the relevant public official who qualifies for purchase may directly apply for purchase during the same period if such public official intends to do so, and in such cases, the head of the competent employment security office shall give notice of such application for purchase to the head of the competent agency.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(3) Where any application for purchase is filed pursuant to paragraph (1) or (2), the public official who qualifies for purchase is deemed to have obtained insured status on the day immediately following the date of application. In such cases, if the public official who has obtained insured status is appointed as a public official in other extraordinary civil service or fixed-term position following the change of his/her official status, he/she shall maintain his/her insured status, even if he/she has not applied for additional purchase, separately.  <Amended by Presidential Decree No. 24852, Nov. 20, 2013>

(4) Where a public official who purchased employment insurance intends to withdraw from the employment insurance policy, the public official shall apply for withdrawal to the head of a competent employment security office. In such cases, he/she is deemed to lose his/her insured status on the day immediately following the date of application for withdrawal.

(5) A public official who continues to serve as a public official who qualifies for purchase shall be disqualified from buying employment insurance plans once he/she withdraws from such insurance under paragraph (4), and his/her eligibility for benefits shall not be recognized: Provided, That where a public official who withdrew from insurance reobtains insured status as prescribed in the Act and this Presidential Decree after he/she has been severed from a public position which qualifies for purchase (including cases where he/she has been appointed as a public official, other than a public official who qualifies for purchase), if the qualifying days in covered employment is calculated under Article 40 (1) 1 of the Act, the number of days in covered employment for which remuneration is paid under Article 41 (1) of the Act,among the previous insured period in service as a public official who qualifies for purchase, shall be summed up, and if an insured period is calculated under Article 50 of the Act, the previous insured period prior to withdrawal shall be counted towards the insured period for calculation prescribed by the same Article.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

(6) An insurance premium rate for a public official who has bought employment insurance shall be a premium rate of unemployment benefit prescribed in Article 12 (1) 3 of the Enforcement Decree of the Insurance Premium Collection Act, and borne equally by the competent agency and a public official who has bought employment insurance.

(7) Procedures for subscription to and withdrawal from insurance referred to in paragraphs (1) through (4) shall be prescribed by 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, Sep. 18, 2008]