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ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 108~Article118

发布人:春秋智谷  /  发布时间:2021-04-12 14:54:43  

Article 108 (Entrustment of Disbursement of Fund)

 

The Minister of Employment and Labor may entrust any of the following institutions or a post office with the affairs relating to the payment of subsidies or incentives from the Fund, the payment of training expenses and training allowances, and the payment of unemployment benefits:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 23496, Jan. 6, 2012>

 

1.A bank granted a license prescribed in Article 8 of the Banking Act;

 

2. Nonghyup Bank prescribed in the Agricultural Cooperatives Act;

 

3. The National Federation of Fisheries Cooperatives prescribed in the Fisheries Cooperatives Act;

 

4. A mutual savings bank prescribed in the Mutual Savings Banks Act;

 

5. A community credit cooperative prescribed in the Community Credit Cooperatives Act;

 

6.A credit union prescribed in the Credit Unions Act.

 

[This Article Wholly Amended by Presidential Decree No. 20775, Apr. 30, 2008]

 

Article 109 (Fund Operation Plan)

 

The fund operation plan prescribed in Article 81 (1) of the Act shall contain the following:

 

1. Revenue and expenditure of the Fund;

 

2. Business plan, the plan for acts incurring expenditure, and the financial operating plan for the pertinent year;

 

3. Disposition of carryover from the previous year;

 

4. Reserves;

 

5. Other matters necessary for the operation of the Fund.

 

Article 110 (Public Disclosure of Outcomes of Fund Operation)

 

The Minister of Employment and Labor shall, pursuant to Article 81 (2) of the Act, publish the results of the Fund operations each year in one or more daily newspapers specializing in economy or general daily newspapers whose head office is in the Seoul Metropolitan City area.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 111 (Fund Accounting Organization) (1) The Minister of Employment and Labor shall appoint a fund revenue collection officer, a fund treasurer, a fund disbursement officer, and a fund cashier from among public officials under his/her jurisdiction in order to assign them to carry out administrative affairs relating to the revenue and expenditure of the Fund.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(2) A fund revenue collector and fund treasurer shall be responsible for affairs relating to contracts for the management and operation of the Fund, revenue-earning activities and expenditure-incurring activities, and the collection of and determination of the fund revenue, while the fund disbursement officer and the fund cashier shall be responsible for the affairs relating to the receipt and disbursement arising from the management and operation of the Fund.

 

(3) The Minister of Employment and Labor shall, when he/she appoints a fund revenue collection officer, fund treasurer, fund disbursement officer, or fund cashier, inform the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of his/her appointment.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 112 (Designation of Transaction Banks)

 

The fund disbursement officer shall designate the Bank of Korea (including its head office, branch offices, liaison offices, and national treasury agencies; the same shall apply hereinafter) located in the relevant jurisdiction, or the nearest Bank of Korea if the Bank of Korea is not in a certain area, as the transaction bank for the checks he/she issues.

 

Article 113 (Procedure for Receipt of Fund Revenues) (1) The fund revenue collection officer shall, when he/she collects revenues from the Fund, inform the obligor to deposit it in the fund account in the Bank of Korea: Provided, That the foregoing shall not apply where a business owner makes payment in person by the payment deadline.

 

(2) The Bank of Korea shall, upon receipt of revenues from the Fund, issue a receipt to the payer, and shall dispatch a notice of receipt to the fund revenue collection officer forthwith.

 

(3) The Bank of Korea shall accumulate the revenue received from the Fund pursuant to paragraph (2) into the fund account opened at the head office of the Bank of Korea in accordance with the procedure for handling the national treasury.

 

Article 114 (Procedure for Disbursement of Fund) (1) When the fund treasurer performs an act of incurring expenditure, he/she shall forward the documents concerning such act of incurring the expenditure to the fund disbursement officer.

 

(2) When the fund disbursement officer performs an act of incurring expenditure and disburses an amount from the Fund, he/she shall, as determined by the creditor or by statutes, instruct the Bank of Korea to disburse it in a way that transfers it to the deposit account that the person carries out the entrusted administrative affairs related to the payment of the national treasury has in a financial institution.

 

(3) The fund treasurer may carry over the amount that he/she could not disburse during the pertinent fiscal year due to any unavoidable cause or event after performing an act of incurring expenditure to disburse it during the following year.

 

Article 115 (Prohibition on Handling Cash)

 

Neither the disbursement officer nor the fund cashier may retain, disburse, or receive any amount in cash: Provided, That the foregoing shall not apply to the cases under Articles 22 (4) and 24 of the Management of the National Funds Act.

 

Article 116 (Allocating Maximum Amount of Expenditure Incurring Activities of Fund) (1) The Minister of Employment and Labor shall allocate the maximum amount of an act of incurring expenditure for each quarter to each fund treasurer within the scope of a plan for an act of incurring expenditure for each quarter prescribed in subparagraph 2 of Article 109.   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(2) The Minister of Employment and Labor shall, within the scope of a monthly financial operation plan prescribed in subparagraph 2 of Article 109, allocate funds to each fund disbursement officer in accordance with the detailed monthly financial operating plan prepared pursuant to Article 49 ( 2) of the Enforcement Decree of the Management of the National Funds Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

 

Article 117 (Reporting on Current Status of Fund Operation) (1) A fund revenue collection officer shall prepare and submit a report on fund amount collected, a fund treasurer shall do so on the amount accrued by an act of incurring expenditure of the Fund, and a fund disbursement officer shall do so on the amount of expenditure of the Fund as of the end of each month to the Minister of Employment and Labor on or before the 20th day of the following month.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(2) Matters concerning filing necessary reports necessary for the operation and management of the Fund, in addition to reporting under paragraph (1), shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 118 (Reporting on Settlement of Accounts of Fund)

 

The Minister of Employment and Labor shall prepare the following documents in relation to the settlement of the Fund for each fiscal year, and shall forward it to the Minister of Strategy and Finance on or before the end of February of the following fiscal year, subject to prior review by the Committee:   <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

 

1. Documents concerning the overview and analysis of the settlement of accounts of the Fund;

 

2. Financial statements including the statement of financial position, statement of operations and changes in net position, and the statement of changes in net assets;

 

3. Spreadsheet for comparing the Fund operation plan and the actual Fund performance;

 

4. Statements of revenue and expenditure;

 

5. Other documents necessary for clearly explaining the details of the account settlement.