国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 4~Article 9

Article 4 (Agent) (1) A business owner may appoint an agent to delegate him/her the power to carry out the matters set forth in the Act and this Decree on behalf of the business owner.

(2) A business owner shall, after appointing or dismissing his/her agent, report such fact to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 5 (Management, etc. of Employment Insurance Statistics) (1) The Minister of Employment and Labor shall systematically control and manage the employment insurance statistics created through surveys and research prescribed in Article 11 of the Act and the management of the employment insurance ( hereafter referred to as "employment insurance statistics" in this Article).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) The Minister of Employment and Labor may hire experts on employment insurance statistics in order to systematically control and manage employment insurance statistics.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) Necessary matters concerning the qualification for, service and remuneration of experts on employment insurance statistics shall be prescribed by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 6 (Execution of Projects on Behalf of Minister of Employment and Labor) (1) The Minister of Employment and Labor may authorize the following institutions or organizations to carry out a project for research on the labor market or a project for surveys and research required for supporting business activities related to employment insurance (hereinafter referred to as "insurance") on his/her behalf pursuant to Article 11 (2) of the Act:   <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24333, Jan. 25, 2013>

1. Insurance-related, government-funded research institutes established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

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

3. Schools (including affiliated research institutes) established under Article 2 of the Higher Education Act;

4.Other private research institutes that can conduct surveys and research on the labor market, vocation, vocational education and training, and business activities related to insurance.

(2) When he/she authorizes an institution to carry out a project on his/her behalf pursuant to paragraph (1), the Minister of Employment and Labor may subsidize the expenses incurred in conducting surveys, research, management, and operation in relation to the project with the Employment Insurance Fund (hereinafter referred to as the "Fund").  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 6-2 (Assessment Institutions for Insurance Programs) (1) "Institutions prescribed by Presidential Decree" in Article 11-2 (2) of the Act means institutions designated by the Minister of Employment and Labor (hereafter referred to as an "assessment institution" in this Article) from among those falling under each of the following:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

1. Government-funded institutes prescribed in the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. Public institutions designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions;

3. Schools falling under subparagraphs 1 through 6 of Article 2 of the Higher Education Act (including their affiliated research institutions);

4. Private research institutes.

(2) The Minister of Employment and Labor may subsidize the expenses incurred by assessment institutions in the performance of duties, within the budget.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The assessment institutions may request proxy institutions or entrusted institutions prescribed in Articles 6 (1), 57 (1), and 145 (2) through (6) to submit data necessary to perform assessment.

(4) Necessary matters concerning specific work, designated period, etc. of an assessment institution shall be determined and publicly 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 WORKERS

Article 7 (Reporting, etc. of Acquisition or Loss of Insured Status)(1) Each business owner or subcontractor who is obligated to file a report on matters concerning the acquisition or loss of insured status of a worker employed to engage in the business with the Minister of Employment and Labor pursuant to Article 15 of the Act or who is obligated to submit to the Minister of Employment and Labor a document certifying the qualifying days in covered employment, the reasons for severance from employment, the wages paid before severance from employment, and severance pay, etc. pursuant to Article 16 of the Act (hereinafter referred to as "certificate of severance" ) shall file such report or submit such document by no later than the fifteenth day of the month immediately following the month during which such event occurs (immediately if the relevant worker demands that he/she file such report or submit such document earlier than the above -stated deadline). In such cases, a report on the acquisition or loss of insured status or a certificate of severance shall be deemed to have been filed or submitted where the relevant business owner or subcontractor has filed, with the Minister of Employment and Labor, a report on confirmation of details of employment, including the number of days for which a daily worker employed during the pertinent month had provided service and the wages paid to such worker by no later than the fifteenth day of the month immediately following the month during which such event occurs.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Each business owner who has filed a report on the commencement or termination of his/her business pursuant to Article 11 (3) of the Insurance Premium Collection Act shall file a report on the acquisition or loss of insured status with the Minister of Employment and Labor within the deadline prescribed in paragraph (1).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The Minister of Employment and Labor shall, upon receipt of a certificate of severance, as prescribed in Article 16 (1) of the Act, review the qualifying days in covered employment, the reasons for severance, and details of wages paid.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(4) Where the Minister of Employment and Labor examines the details of a certificate of severance, as set forth in paragraph (3) and finds that the person whose employment was severed has not received his/her wages for 30 or more days continuously during 18 months before the date of his/her severance due to any reason under Article 40 (2) of the Act, the Minister of Employment and Labor may demand that the person whose employment was severed submit a medical certificate issued by a physician or any other document proving that such reasons exist.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 8 (Reporting of Insured Status)

Each worker who files a report on the acquisition or loss of insured status and other matters as set forth in Article 15 (3) of the Act shall submit a document proving the employment relationship exists, such as employment contract.

Article 9 (Reporting of Transfer of Insured Worker)

A business owner shall, when he/she transfers an insured worker from one employing unit to another, file a report thereon with the Minister of Employment and Labor within 14 days of the date of such transfer.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>