ACT ON THE EMPLOYMENT IMPROVEMENT,ETC., OF CONSTRUCTION WORKERS [See entire ACT]
CHAPTER Ⅲ Mutual Aid Program
- Article 8 (Execution of Mutual Aid Program)
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Among the construction business-related mutual aid associations and the employers’ associations prescribed in the Presidential Decree, those who meet the standards prescribed by the Presidential Decree shall jointly execute a mutual aid program for construction workers, such as retirement mutual aid program, etc., to stabilize the employment of construction workers and promote their welfare.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
Enforcement Ordinance
- Article 5 (Execution of Mutual-Aid Business)
(1) "Mutual-aid association and the organization of business owners related to construction business prescribed by Presidential Decree" in Article 8 of the Act means any of the following persons:
1. A constructors' association established under Article 50 of the Framework Act on the Construction Industry;
2. A mutual-aid association established under Article 54 of the Framework Act on the Construction Industry;
3. A housing managers' organization established under Article 85 of the Housing Act;
4. Other mutual-aid associations and business owners' organizations related to construction business established with permission, authorization, etc. granted under other Acts and designated by the Minister of Employment and Labor following consultation with the heads of competent administrative agencies.
(2) "Person who meets the standards prescribed by Presidential Decree" in Article 8 of the Act means a mutual-aid association or business owners' organization referred to in subparagraphs of paragraph (1), where at least one-third of persons eligible to subscribe to the relevant mutual-aid association or business owners' organization are members thereof.
- Article 9 (Establishment, etc. of Mutual Aid Association for Construction Workers)
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(1) A person who executes a mutual aid program under Article 8 shall set up a Mutual Aid Association for Construction Workers (hereinafter referred to as the “Mutual Aid Association”) after obtaining authorization from the Minister of Employment and Labor.
(2) The Mutual Aid Association shall be a juristic person.
(3) With regard to the establishment, operation, supervision, etc. of the Mutual Aid Association, the provisions of the Civil Act which govern incorporated foundations shall apply mutatis mutandis.
(4) Matters to be entered in the articles of association of the Mutual Aid Association shall be prescribed by Presidential Decree, and if the articles of association are to be altered, permission shall be obtained from the Minister of Employment and Labor after decision by the board of directors.
(5) The president of the Mutual Aid Association shall be elected by the board of directors.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
Enforcement Ordinance
- Article 5-2 (Matters to be Entered in Articles of Association)
Matters to be included in the articles of association of the Mutual-Aid Association under Article 9 (4) of the Act shall be as follows:
1. Objectives;
2. Name;
3. Matters concerning the establishment and operation of the principal office and branch offices;
4. Matters concerning the board of directors of the Mutual-Aid Association (hereinafter referred to as "board of directors");
5. Matters concerning executives and employees;
6. Matters concerning composition and organization;
7. Matters concerning internal audit and external audits;
8. Matters concerning the scope and details of business, and the performance thereof;
9. Matters concerning assets and finance;
10. Matters concerning the amendment of the articles of association;
11. Matters concerning the dissolution and disposal of remaining property;
12. Matters concerning the method of public notice;
13. Other matters concerning the operation of the Mutual-Aid Association.
[This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011]
- Article 9-2 (Activities of Mutual Aid Association)
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(1) A Mutual Aid Association shall carry out the following activities：
1. Managing or maintaining documents on the employers and beneficiaries who have subscribed to the retirement mutual aid scheme；
2. Receiving mutual-aid contributions and paying retirement mutual-aid benefits；
3. Giving reward money for a report under Article 16-2；
4. Lending money to beneficiaries；
5. Activities to increase deposited mutual-aid contributions；
6. Activities to promote construction workers’ welfare such as establishing and operating welfare facilities, etc；
6-2. Business for stabilizing employment, developing and improving vocational skills and providing employment services for construction workers；
7. Business entrusted by the government, other than business referred to in subparagraphs 1 through 6 and 6-2；and
8. Any activity incidental to the activities prescribed in paragraphs (1) through (7).
(2) The Mutual Aid Association may engage in profitable business to the extent necessary to carry out business under paragraph (1).
(3) The Mutual Aid Association may carry out business under paragraph (1) 6-2 directly or if necessary, request a relevant agency to do so on its behalf. In such cases, in order to conduct the business concerned, the Mutual Aid Association or the agency receiving the request shall meet the requirements prescribed by Acts and subordinate statutes relating to the conducting of the business, such as the Workers Vocational Skills Development Act and the Employment Security Act.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
- Article 9-3 (Issuance of Career Certificates)
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(1) If a construction worker requests the issuance of his/her career certificate, the Mutual Aid Association may issue the career certificate after identifying the work history of the worker.
(2) In order to issue a career certificate under paragraph (1), the Mutual Aid Association may inquire about related materials with relevant institutions prescribed by Presidential Decree.
(3) Necessary matters, such as the procedure for the issuance of career certificates under paragraph (1), shall be prescribed by Ordinance of the Ministry of Employment and Labor.
<This Article Newly Inserted by Act No. 10965, Jul. 25, 2011>
Enforcement Ordinance
- Article 5-3 (Request for Checking of Data)
The Multi-Aid Association may request the following institutions to ascertain data related to the issuance of certificates of career experience under Article 9-3 (2) of the Act:
1. The Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy: Verification of records on work experience and vocational training of persons insured by the employment insurance;
2. The Human Resources Development Service of Korea: Verification of whether any qualification certificate is issued to a construction worker;
3. Other institutions deemed to have data requiring verification in order to verify the work experience of a construction worker.
[This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011]
- Article 9-4 (Board of Directors)
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(1) The Mutual Aid Association shall have a board of directors to deliberate and decide on the following matters：
1. Matters concerning business plans, budgets and settlement of accounts；
2. Matters concerning alteration of the articles of association；
3. Matters concerning appointment and dismissal of officers；
4. Matters concerning the remuneration of officers and employees；
5. Matters concerning establishment and revision of important regulations on organization, accounting, remuneration, etc.；
6. Matters concerning the business objectives, performance-based pay, etc., of the president；
7. Matters concerning business disclosure of the Mutual Aid Association；and
8. Other matters deemed necessary by the board of directors.
(2) The president shall report the following matters to the board of directors：
1. Concrete results of management of mutual aid contributions；
2. Results of internal and external audits；and
3. Other matters that the board of directors requires the president to report.
(3) The board of directors shall be composed of no more than 20 directors to which any of the following subparagraphs apply：
1. The president of the Mutual Aid Association；
2. Related public officials belonging to the senior civil service of the Ministry of Employment and Labor and the Ministry of Land, Infrastructure and Transport；
3. Heads of construction industry-related mutual aid associations and employers’ organizations and experts recommended by them；
4. Experts recommended by the Minister of Employment and Labor and the Minister of Land, Infrastructure and Transport；
5. Experts recommended by national labor organizations；and
6. Other experts prescribed by Presidential Decree.
(4) The chairperson of the board of directors shall be elected from among the directors.
(5) The composition of the board of directors, qualifications of directors and other details concerning the operation of the board of directors shall be prescribed by Presidential Decree.
<This Article Newly Inserted by Act No. 10965, Jul. 25, 2011>
Enforcement Ordinance
- Article 5-4 (Composition of Board of Directors)
(1) The board of directors shall be comprised of the following directors:
1. The chairperson of the Mutual-Aid Association (hereinafter referred to as the "chairperson");
2. One person in a position each designated by the Minister of Employment and Labor and the Minister of Land, Infrastructure and Transport, respectively, from among public officials who belong to the Senior Civil Service;
3. Not exceeding five persons who are the heads of mutual-aid associations and business owners' organizations related to construction business prescribed by the articles of association of the Mutual-Aid Association;
4. Not exceeding two experts recommended following consultation between the heads of the mutual-aid associations and business owners' associations referred to in subparagraph 3;
5. Not exceeding three experts recommended by the Minister of Employment and Labor and not exceeding three experts recommended by the Minister of Land, Infrastructure and Transport;
6. Not exceeding two experts recommended by a labor union which is a nationwide confederation of organization;
7. Persons who have engaged in the affairs related to construction industry or labor for at least 15 years and are commissioned by the board of directors in recognition of their expertise.
(2) The appointment of directors who fall under paragraph (1) 4 through 7 shall undergo the deliberation and resolution of the board of directors under Article 9-4 (1) 3 of the Act.
(3) The chairperson and directors who fall under paragraph (1) 7 shall work full-time.
(4) An expert referred to in paragraph (1) 4 through 6 shall be any of the following persons:
1. Any person who has majored in studies related to the construction industry, social insurance, labor, or finance, and has served as at least an associate professor, associate research commissioner or holds a position corresponding thereto at a college referred to in subparagraphs 1 through 6 of Article 2 of the Higher Education Act or at a government-invested research institution defined in Article 2 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;
2. Any person who has served as a lawyer or certified public accountant for at least three years with the qualifications therefor;
3. Any person who has performed research in a field related to construction industry or construction labor at a private research institute for at least three years;
4. Any person who has performed affairs related to construction industry or construction labor for at least three years at a non-profit corporation.
[This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011]
Enforcement Ordinance
- Article 5-5 (Operation of Board of Directors)
(1) A meeting of the board of directors shall be convoked by the chairperson of the board of directors (hereinafter referred to as the "chairperson") when he/she deems it necessary or if requested by at least one third of incumbent directors.
(2) The resolution of a meeting of the board of directors shall require the attendance of a majority of all incumbent members and the consent of a majority of those present.
(3) Where necessary to perform its duties, the board of directors may request any executive, employee, etc. of the Mutual-Aid Association to appear, submit data or state their opinions.
(4) If the chairperson is unable to perform any of his/her duties due to any extenuating circumstance, a director designated by the chairperson shall act on behalf of him/her.
(5) Matters necessary for the operation of the board of directors, other than those prescribed in paragraphs (1) through (4), shall be prescribed by the articles of association.
[This Article Newly Inserted by Presidential Decree No. 23253, Oct. 26, 2011]
- Article 9-5 (Business Plans, Budgets and Settlement of Accounts)
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(1) The Mutual Aid Association shall prepare a business plan and a budget proposal, have them decided upon by the board of directors, and submit them to, and obtain approval therefor from, the Minister of Employment and Labor no later than the beginning of each business year.
(2) The Mutual Aid Association shall prepare a report on final accounts audited by a certified public accountant, have it decided upon by the board of directors, submit it to the Minister of Employment and Labor and obtain his/her approval, thereby confirming the final accounts, within two months after the end of each fiscal year.
(3) The accounting of the Mutual Aid Association shall be accrual-based accounting and in accordance with the corporate accounting principles to enable a clear understanding of business performance and current revenues and expenses.
<This Article Newly Inserted by Act No. 10965, Jul. 25, 2011>
- Article 10 (Subscription to Retirement Mutual Aid Scheme)
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(1) An employer (referring to an “original contractor” in case work is done through several tiers of contracts) who carries out the construction work prescribed in Article 87 (1) of the Framework Act on the Construction Industry or the construction work prescribed by the Presidential Decree of the same Act shall automatically become a subscriber to the mutual aid scheme on the beginning date of the construction work. In this case, if the original contractor has his/her subcontractor take over the obligation to pay mutual-aid contributions under a written contract and this is approved by the Mutual Aid Association at the request of the original contractor, the subcontractor shall be considered the employer.
(2) If an employer other than those who become a subscriber to the retirement mutual aid scheme under paragraph (1) meets the conditions prescribed by the Presidential Decree, he/she may subscribe to the retirement mutual aid scheme with the approval of the Mutual Aid Association. In this case, the subscription shall take effect on the date it is approved by the Mutual Aid Association.
(3) Deleted.
(4) Necessary matters concerning the method of, procedures, etc. for subscription to the retirement mutual aid scheme prescribed in paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
(5) A retirement mutual-aid relationship shall terminate on the day following the date of the closure of the employer’s construction business or on the day following the date of the completion of the construction work carried out by the employer.
<This Article Wholly Amended by Act No. 6848, Dec. 30, 2002>
Enforcement Ordinance
- Article 6 (Persons subject to Ipso Facto Subscription to Mutual-Aid for Retirement)
"Construction works prescribed by Presidential Decree" in the former part of Article 10 (1) of the Act means electrical construction works under the Electrical Construction Business Act, an information and communications construction work under the Information and Communications Construction Business Act, a fire-fighting system installation work under the Fire-Fighting System Installation Business Act, or a cultural heritage repair work under the Act on Cultural Heritage Maintenance Works, which falls under any of the following projects:
1. A project ordered by the State or a local government, the estimated cost (in the case of a long-term continuing contract under Article 21 of the Act on Contracts to which the State is a Party, referring to the estimated cost of the relevant work) of which is at least 300 million won;
2. A project ordered by a corporation invested or contributed to by the State or a local government (including a corporation to which the relevant corporation has reinvested at least 50 percent of the paid-in capital), the estimate cost of which is at least 300 million won;
3. A public-private partnership project under subparagraph 5 of Article 2 of the Act on Public-Private Partnerships in Infrastructure, the estimated cost of which is at least 300 million won;
4. A project, the estimated cost of which is at least 10 billion won.
Enforcement Ordinance
- Article 7 (Criteria for Approval of Mutual-Aid Association)
The criteria for approval of an application under which the Mutual-Aid Association approves the application of an original contractor to deem a subcontractor as the business owner under the latter part of Article 10 (1) of the Act shall be as follows:
1. The subcontractor shall be any of the following persons:
(a) A constructor under the Framework Act on the Construction Industry;
(b) A constructor under the Electrical Construction Business Act;
(c) An information and communications construction business operator under the Information and Communications Construction Business Act;
(d) A fire-fighting system business operator under the Fire-Fighting System Installation Business Act;
(e) A cultural heritage repair business entity under the Act on Cultural Heritage Maintenance, Etc.;
2. The cost of the subcontract works shall be at least one billion won;
3. Matters concerning the payment of mutual-aid installments between the original contractor and the subcontractor, shall be stipulated in the subcontract;
4. Expenses incurred in subscribing to the retirement mutual-aid shall be stipulated on the specifications of computing the amount of subcontract.
Enforcement Ordinance
- Article 15 (Return of Mutual-Aid Money for Retirement Received by Illegal Means)
The amount which can be requested to be returned under Article 16 (1) of the Act shall be double the amount deemed received by false or other unlawful means out of the amount received as mutual-aid money for retirement.
Enforcement Ordinance
- Article 8 (Subscription, etc. to Mutual-Aid for Retirement)
(1) "Date of commencement of such construction work" in the former part of Article 10 (1) of the Act means the actual commencement date of the relevant construction works.
(2) "Date of completion of construction works" in Article 10 (5) of the Act means the actual completion date of the relevant work.
Enforcement Ordinance
- Article 9 (Submission, etc. of Certificate of Payment of Mutual-Aid Installments)
(1) A person who has placed an order for construction works under Article 10 (1) of the Act or a person who has granted approval for a project plan under Article 15 (1) of the Housing Act (hereinafter referred to as "person who placed order, etc.") may request the business owner of the construction work to submit a certificate of payment of mutual-aid installments issued by the Mutual-Aid Association.
(2) A person who placed an order, etc. shall confirm the certificate of payment of mutual-aid installments received under paragraph (1); and if the amount stated on the certificate of payment of mutual-aid installments (where the amount stipulated on the specifications for computing the contract amount is different from the amount of mutual-aid installments calculated by the person who placed order, referring to the amount of mutual-aid installments calculated by the person who placed an order) exceeds the amount of mutual-aid installments actually paid by the business owner subscribed to mutual-aid for retirement (hereinafter referred to as "business owner subscribed to mutual-aid”), the excess amount shall be settled.
Enforcement Ordinance
- Article 10 (Requirements for Voluntary Subscription to Mutual-Aid for Retirement)
"Business owner who meets the requirements prescribed by Presidential Decree" in the former part of Article 10 (2) of the Act means any of the following persons:
1. A constructor under the Framework Act on the Construction Industry;
2. A constructor under the Electrical Construction Business Act;
3. An information and communications construction business operator under the Information and Communications Construction Business Act;
4. A fire-fighting system business operator under the Fire-Fighting System Installation Business Act;
5. A cultural heritage repair business entity under the Act on Cultural Heritage Maintenance, etc.
- Article 10-2 Deleted.
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- Article 10-3 (Calculation of Required Costs)
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(1) A construction contractor who is required to subscribe to the retirement mutual aid scheme under Article 10 (1) shall clearly state the costs of subscribing to the retirement mutual aid scheme in the quantity specifications, and the calculated specifications of the contract amount, of the construction work：Provided that in the case of construction work directly carried out by the person issuing the order, the costs of subscribing to the retirement mutual aid scheme shall be clearly stated in the statement of original construction costs.
(2) In case a subcontractor subscribes to the retirement mutual aid scheme pursuant to the latter part of Article 10 (1), the original contractor shall clearly state the costs of subscribing to the retirement mutual aid scheme in the calculated specifications of the subcontract amount for construction work corresponding to the portion of the said subcontract.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
Enforcement Ordinance
- Article 10-4 (Report of Retirement Mutual Aid Relationship)
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(1) An employer who has automatically become a subscriber to the retirement mutual aid scheme pursuant to Article 10 (1) shall report the establishment of the retirement mutual aid relationship to the Mutual Aid Association within 14 days of the beginning date of the construction work.
(2) The employer referred to in paragraph (1) may make a report for the entire business run by him/her or separately for his/her each workplace.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
- Article 11 (Scope of Beneficiaries)
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Any construction worker employed in a business or workplace covered by the retirement mutual aid scheme, excluding those falling under any of the following subparagraphs, shall be a beneficiary of the retirement mutual aid scheme：
1. A person whose working hours fall short of the standard prescribed by the Ordinance of the Ministry of Employment and Labor；and
2. Such a person as prescribed by the Presidential Decree in consideration of employment type, employment period, occupational categories, etc.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
Enforcement Ordinance
- Article 11 (Scope of Persons Unable to Become Beneficiaries)
"Person prescribed by Presidential Decree" in subparagraph 2 of Article 11 of the Act means any of the following persons:
1. A regular worker employed without a fixed period;
2. A worker employed for fixed period of at least one year.
- Article 12 Deleted.
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Enforcement Ordinance
- Article 12 (Mutual-Aid Installments)
(1) A business owner who has subscribed to mutual-aid under Article 13 of the Act shall submit a report (including an electronic document) specifying working days of each beneficiary in each month and the amount of mutual-aid installments paid to the Mutual-Aid Association, not later than the 15th day of the following month, along with a document evidencing the payment of the mutual-aid installments.
(2) The standards for calculation of working days under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor, and the amount of mutual-aid installments shall be determined by the Mutual-Aid Association with the approval of the Minister of Employment and Labor at least 1,000 won but not exceeding 5,000 won.
(3) Where any mistake or error is found in a report submitted under paragraph (1), the business owner who has subscribed to mutual-aid shall submit a correction report (including a report in electronic form) to the Mutual-Aid Association without delay.
(4) The Mutual-Aid Association shall obtain approval from the Minister of Employment and Labor for a business operation plan which affects mutual-aid installments and the operating profit thereof.
Enforcement Ordinance
Enforcement Ordinance
- Article 14 (Payment of Retirement Mutual-Aid Benefits)
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(1) If a beneficiary, for whom mutual-aid contributions have been paid for twelve months or more, retires from, dies or reaches 60 years old in a construction business, retirement mutual-aid benefits shall be paid to the beneficiary or his/her bereaved family members in consideration of the number of months of contribution, in accordance with the standards as prescribed by the Presidential Decree.
(2) With respect to the scope and order of priority of bereaved family members entitled to receive retirement mutual-aid benefits pursuant to paragraph (1), Articles 63 and 65 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis.
(3) The number of months of contribution as referred to in paragraph (1) shall be calculated on the basis of the number of days worked for the employer who has subscribed to the retirement mutual aid scheme：Provided that if the beneficiary has worked for two or more employers who have subscribed to the retirement mutual aid scheme, the number of months of contribution shall be calculated on the basis of the sum of all days worked for each of the employers.
(4) Necessary matters concerning the calculation of the number of months of contribution and the method of, procedures etc. for the payment of retirement mutual-aid benefits under paragraphs (1) through (3) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
Enforcement Ordinance
- Article 13 (Payment of Mutual-Aid Money for Retirement)
(1) The amount of mutual aid money for retirement under Article 14 (1) of the Act shall be an amount calculated by adding interest to the amount of mutual-aid installments paid under Article 12 (including mutual-aid installments subsidized under Article 7 (5) of the Act, but excluding additional money; hereinafter the same shall apply).
(2) Where any beneficiary who has paid mutual-aid installments for at least 48 months retires from construction business, the Mutual-Aid Association may pay him/her special mutual-aid money for retirement determined by the Mutual-Aid Association in addition to the mutual-aid money for retirement calculated under paragraph (1), after obtaining approval from the Minister of Employment and Labor.
(3) The Mutual-Aid Association shall pay mutual-aid money for retirement and special mutual aid money for retirement in a lump sum.
Enforcement Ordinance
- Article 14 (Calculation Methods of Mutual-Aid Money for Retirement, etc.)
(1) The interest rate which forms the basis of application in calculating interest under Article 13 (1) (hereinafter referred to as "basic interest rate") shall be the earnings rate calculated based upon the operating profit, etc. of mutual-aid installments accrued in each year: Provided, That where no basic interest rate is finalized, the basic interest rate of the previous year shall apply.
(2) The interest under Article 13 (1) shall be compounded monthly by applying monthly basic interest rate of the relevant year. In such cases, the period for calculating interest shall be from the payment date of a mutual-aid installment to the date on which the payment of mutual-aid money for retirement is requested.
(3) The Mutual-Aid Association shall publicly announce the monthly basic interest rate of each year by not later than the end of February of the following year.
- Article 15 (Certification etc. of Retirement)
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(1) A person who intends to receive retirement mutual-aid benefits shall submit to the Mutual Aid Association the documents certifying the fact of retirement and other documents prescribed by the Ordinance of the Ministry of Employment and Labor.
(2) If a beneficiary requests certification necessary to receive retirement mutual-aid benefits, the employer shall comply with it.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
- Article 16 (Request for Return, etc.)
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(1) The Mutual Aid Association may request a person who has received retirement mutual-aid benefits in a false or other fraudulent ways to return an amount equivalent to twice as much as the retirement mutual-aid benefits paid：Provided that if a person voluntarily reports the fact that he/she has received retirement mutual-aid benefits in a false or other fraudulent ways, he/she shall be requested to return only the amount of retirement mutual-aid benefits paid.
(2) If the retirement mutual-aid benefits referred to in paragraph (1) are paid due to false reporting or false certification by the employer, the employer shall be hold responsible jointly with the person who has received the retirement mutual-aid benefits.
(3) If no payment is made notwithstanding a request for return made under paragraph (1), the Mutual Aid Association may set a deadline and urge the person responsible to pay to make that payment before the deadline and if the person so urged fails to comply until the deadline, the Mutual Aid Association shall collect it in accordance with the process of recovery of national taxes in arrears, with approval from the Minister of Employment and Labor.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
- Article 16-2 (Payment of Rewards for Report)
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If a person reports a person falling under any of the following subparagraphs, the Mutual Aid Association may give him/her reward money as prescribed by the Ordinance of the Ministry of Employment and Labor：
1. A person who has received retirement mutual-aid benefits in a false or other fraudulent ways；and
2. A person who has enabled retirement mutual-aid benefits to be paid through false reporting or false certification.
<This Article Wholly Amended by Act No.8811, Dec. 27, 2007>
- Article 17 Deleted.
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- Article 18 (Withdrawal from Retirement Mutual Aid Scheme)
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An employer who has subscribed to the retirement mutual aid scheme pursuant to Article 10 (2) may withdraw from the scheme in case of any of the following subparagrpahs：
1. Where the employer has obtained the consent of three fourths or more of beneficiaries；and
2. Where the employer has difficulties paying mutual-aid contributions any longer and has the reasons prescribed by the Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
- Article 19 (Duty of Notice to Workers)
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(1) An employer who has subscribed to the retirement mutual aid scheme shall post the contents of the mutual aid scheme at places where his/her construction workers can easily see it, as prescribed by the Ordinance of the Ministry of Employment and Labor.
(2) An employer who has withdrawn from the retirement mutual aid scheme under Article 18 shall notify, without delay, his/her construction workers that they have lost their qualifications as beneficiaries, such as by posting a notice of such fact of withdrawal at places where construction workers can easily see it, etc.
(3) The Mutual Aid Association shall inform beneficiaries of the fact that the construction workers are covered by the retirement mutual aid scheme, the amount of accumulated contributions for each individual, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
<Title of this Article Amended by Act No. 10965, Jul. 25, 2011>
- Article 20 (Protection of Right to Receive)
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(1) The right to receive retirement mutual-aid benefits shall not be transferred, seized or offered as collateral：Provided that in case money is borrowed from the Mutual Aid Association, the right may be offered as collateral.
(2) The receipt of retirement mutual-aid benefits may be delegated under the conditions as prescribed by the Presidential Decree.
(3) Beneficiaries who are minors may claim retirement mutual-aid benefits independently.
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
Enforcement Ordinance
- Article 16 (Entrustment of Receipt of Mutual-Aid Money for Retirement)
)(1) Where a person eligible to receive mutual-aid money for retirement under Article 20 (2) of the Act is unable to receive the mutual-aid money for retirement directly, due to any injury or disease, he/she may entrust any of his/her family members to receive it.
(2) If a person entrusted to receive mutual-aid money for retirement under paragraph (1) intends to receive it, he/she shall submit documents evidencing his/her family relations and the fact that he/she is entrusted to receive the mutual-aid money for retirement to the Mutual-Aid Association.
(3) Where any entrustment to receive mutual-aid money for retirement has been granted under paragraph (1), the Mutual-Aid Association shall verify to a person who has the right to receive the relevant mutual-aid money for retirement, as whether he/she has granted the entrustment.
Enforcement Ordinance
- Article 17 (Entrustment of Affairs)
(1) The Mutual-Aid Association may, after obtaining approval from the Ministry of Employment and Labor, assign a bank defined in Article 2 (1) 2 of the Banking Act or a communications agency to perform the following affairs on its behalf:
1. Payment of mutual-aid money for retirement under Article 14 (1) of the Act;
2. Receipt of mutual-aid installments under Article 12 (1).
(2) The Mutual-Aid Association may pay agency commission to an institution that performs the affairs specified in the subparagraphs of paragraph (1).
- Article 21 (Extinctive Prescription)
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(1) The right to receive retirement mutual-aid benefits and the right to collect returned money shall be extinguished by prescription unless they are exercised for five years.
(2) Except as provided for in this Act, the provisions of the Civil Act shall apply mutatis mutandis to extinctive prescription prescribed in paragraph (1).
<This Article Wholly Amended by Act No. 8811, Dec. 27, 2007>
