INDUSTRIAL ACCIDENT COMPENSATION INSURANCE ACT [See entire ACT]

CHAPTER V Industrial Accident Compensation Insurance and Prevention Fund

Article 95 (Establishment and Creation of Industrial Accident Compensation Insurance and Prevention Fund)

(1) In order to secure financial resources necessary for the insurance business and industrial accident prevention projects, and to appropriate such resources for insurance benefits, the Minister of Employment and Labor shall establish an Industrial Accident Compensation Insurance and Prevention Fund (hereinafter referred to as the "Fund").

(2) The Fund shall be created out of insurance premiums, proceeds accruing from operation of the Fund, reserve funds, surplus resulting from the settlement of accounts of the Fund, contributions and donations from the Government or any person other than the Government, loans, and other revenues.

(3) In order to conduct industrial accident prevention projects, the Government shall, each fiscal year, appropriate contributions of the Government under paragraph (2) for the expenditure budget within the limit of 3/100 of the total Fund expenditure budget.

Article 96 (Use of Fund)

(1) The Fund shall be used for any of the following purposes:

1. Payment of insurance benefits and return of refunds;

2. Redemption of loans and interests thereon;

3. Contribution to the Service;

4. Purpose as prescribed in Article 12 of the Occupational Safety and Health Act;

5. Promotion of the welfare of employees suffering from accidents;

6. Contribution to the Korea Occupational Safety and Health Agency established pursuant to the Korea Occupational Safety and Health Agency Act (hereinafter referred to as the "Korea Occupational Safety and Health Agency");

7. Contribution to any person entrusted with business under Article 4 of the Insurance Premium Collection Act;

8. Other insurance business and the management and operation of the Fund.

(2) The Minister of Employment and Labor shall, for each fiscal year, appropriate at least 8/100 of the total amount of Fund expenditure budget falling under any subparagraph of paragraph (1) for the purposes prescribed in paragraph (1) 4 and 6.

(3) The amount to be contributed to the National Health Insurance Service under Article 13 of the National Health Insurance Act from the Fund pursuant to paragraph (1) 7 shall be calculated based on the proportion of collection services (referring to services concerning notification, receipt, and delinquency).

Enforcement Ordinance

Article 85-2 (Contribution Calculation Criteria, Etc.)

Pursuant to Article 96 (1) 7 of the Act, the Minister of Employment and Labor shall, in order to estimate contribution amount to be invested into the National Health Insurance Corporation (hereinafter, the “National Health Insurance Corporation”) in accordance with Article 13 of the National Health Insurance Act, decide necessary matters concerning the size and calculation criteria of the amount in consultation with the Minister of Health and Welfare.
[This Article Newly Inserted by Presidential Decree No. 22410, Sep. 29, 2010]

Enforcement Ordinance

Article 85-3 (Use of Contribution, Etc.)

(1) The Corporation, the Korea Occupational Safety and Health Agency (hereinafter referred to as the “Occupational Safety and Health Agency”) under the Korea Occupational Safety and Health Agency Act and the National Health Insurance Corporation shall use the contribution (hereinafter “contribution”) pursuant to Article 96 (1) 3, 6, 7 of the Act exclusively for the purposes described in the following subparagraphs:[Amended by Presidential Decree No. 24177, Nov. 12, 2012]
1. The Corporation:covering the costs that are necessary in the business pursuant to Article 11 of the Act and are incidental to that business;
2. Occupational Safety and Health Agency:covering the costs that are necessary in the business pursuant to Article 6 of the Korea Occupational Safety and Health Agency Act and are incidental to that business;
3. The National Health Insurance Corporation:covering the costs that are necessary in collection activities pursuant to Article 4 of the Insurance Premium Collection Act and the costs that are incidental to that business;
(2) In the event that the Corporation and Occupational Safety and Health Agency (hereinafter referred to as “the entity receiving contributions”) spend the contribution for purposes other than those described in paragraph (1), the Minister of Employment and Labor shall retrieve the corresponding amount. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
(3) The entity receiving contributions shall create a separate account for the management of the contribution, and the interest proceeds from the account can be used for the purposes described in subparagraphs of paragraph (1) or to make up for shortfalls with the approval of the Minister of Employment and Labor. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
(4) The entity receiving contributions shall report quarterly on the performance of the contribution to the Minister of Employment and Labor no later than the 10th of the month following the end of the corresponding quarter. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
[This Article Newly Inserted by Presidential Decree No. 22410, Sep. 29, 2010]

Enforcement Ordinance

Article 85-4 (Additional Contribution and Refund)

(1) In cases where the contribution is not sufficient enough to cover the costs of the prescribed subparagraphs under Article 85-3 (1), the entity receiving contributions can request the Minister of Employment and Labor to make additional contribution(s). [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
(2) The Minister of Employment and Labor can make additional contribution(s) when the request made by the entity receiving contributions pursuant to paragraph (1) is deemed legitimate. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
(3) Any unused contribution after using the contributions to businesses which are entrusted (hereinafter in this paragraph referred to as “target projects”) within the insurance year, shall be refunded to the Minister of Employment and Labor:Provided that with the prior approval of the Minister of Employment and Labor, such residual contribution can be carried over to the following insurance year for target projects. [Amended by Presidential Decree No. 24177, Nov. 12, 2012]
[This Article Newly Inserted by Presidential Decree No. 22410, Sep. 29, 2010]

Article 97 (Management and Operation of Fund)

(1) The Fund shall be managed and operated by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall manage and operate the Fund according to the methods prescribed in any of the following subparagraphs:[Amended by Act No. 10339, Jun. 4, 2010]
1. Deposits and money trust in financial institutions or postal service agencies;
2. Deposits in financial funds;
3. Purchase of profit-making securities, such as investment trust, etc.;
4. Purchase of securities issued directly, or for which the fulfillment of obligations is guaranteed by the State, a local government or financial institutions;
5. Other activities prescribed by the Presidential Decree to increase the Fund.
(3) In managing and operating the Fund under paragraph (2), the Minister of Employment and Labor shall make efforts to make the proceeds more than the level prescribed by the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]
(4) The Fund shall be accounted pursuant to Article 11 of the National Accounting Act.
(5) The Minister of Employment and Labor may entrust the Corporation or the Korea Occupational Safety and Health Agency with part of affairs concerning the management and operation of the Fund. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 86 (Operation of Fund)

(1) "Other activities determined by Presidential Decree" in Article 97 (2) 5 of the Act refer to the following:

1. Making loans for employees' welfare programs;

2. Purchasing securities under Article 4 of the Financial Investment Services and Capital Markets Act;

3. Acquiring and disposing of real estate in order to increase the fund

(2) "Such level as determined by Presidential Decree" in Article 97 (3) of the Act refers to the rate of return set by the Minister of Employment and Labor in consideration of interest rates on regular savings with a maturity of one year in financial institutions which operate nationwide as provided in the Banking Act. In such cases, the Minister of Employment and Labor may set a different interest rate on loans for employees' welfare programs under paragraph (1) from the rate of return for other businesses after consulting with the Minister of Strategy and Finance.

Enforcement Ordinance

Article 87 (Establishment of Fund Account)

The Minister of Employment and Labor shall establish the Fund account with the Bank of Korea. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 88 (Payment, etc. of Premiums, etc. into Fund)

(1) The Corporation shall pay collected insurance premiums and other charges into the Fund account.
(2) The Corporation shall report in writing to the Minister of Employment and Labor the amount of collected insurance premiums and other charges for the previous month, and the current situation of the collection of outstanding amounts, etc., by the end of each month. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Article 98 (Fund Operation Plan)

The Minister of Employment and Labor shall establish each fiscal year fund operation plans through deliberation at the Committee. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 89 (Fund Operation Plan)

The fund operational plan referred to in Article 98 of the Act shall include matters described in the following subparagraphs:
1. Matters concerning the revenues and expenditures of the Fund;
2. Matters concerning the business plans, plans on action causing expenditures and funding plans for the year concerned;
3. Matters concerning the settlement of funds carried over from the pervious year;
4. Matters concerning the legal liability reserve;and
5. Other matters necessary for the operation of the Fund.

Article 99 (Accumulation of Legal Liability Reserve)

(1) The Minister of Employment and Labor shall accumulate legal liability reserves to finance insurance benefits. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall calculate the amount of legal liability reserve every fiscal year and if reserve funds exceed the legal liability reserve, shall use the excess as financial resources to pay future insurance benefits, and if they are short, accumulate reserve funds from premium revenues to fill the shortfall. [Amended by Act No. 10339, Jun. 4, 2010]
(3) Necessary matters concerning criteria for the calculation and accumulation of the legal liability reserve as referred to in paragraph (1) shall be prescribed by the Presidential Decree.

Enforcement Ordinance

Article 90 (Base Amount for Calculation of Legal Liability Reserve)

(1) The Minister of Employment and Labor shall calculate the sum of all insurance benefits determined to be paid from January 1 to December 31 of the previous year as of December 31 of each year as the legal liability reserve for the following year as prescribed in Article 99 (3) of the Act.
(2) If reserve funds exceed the legal liability reserve which are calculated pursuant to paragraph (1), the Minister of Employment and Labor shall accumulate it for payment of future insurance benefits.
(3) The Minister of Employment and Labor shall make efforts to maintain balance between income and outflows by analyzing the sum of all insurance premiums which were collected and all insurance benefits which were paid every three years.
[This Article Wholly Amended by Presidential Decree No. 23728, Apr. 16, 2012]

Article 100 (Settlement of Surplus and Loss)

(1) If there is any surplus as a result of a settlement of accounts of the Fund, it shall be deposited as reserve funds.
(2) If there is any loss as a result of a settlement of accounts of the Fund, it may be made up using reserve funds.

Article 101 (Loan)

(1) A loan may, if necessary, be made against the security of the Fund to disburse the expenses arising from the Fund.
(2) If there is lack of cash for disbursement in the Fund, a temporary loan may be made against the security of the Fund.
(3) The temporary loan as referred to in paragraph (2) shall be repaid within the fiscal year concerned.

Article 102 (Receipts, Disbursements, etc. of Fund)

Matters concerning procedures, etc. for receipts and disbursements in the management and operation of the Fund, shall be prescribed by the Presidential Decree.

Enforcement Ordinance

Article 91 (Accounting Agency, etc. of Fund)

(1) The Minister of Employment and Labor shall appoint a Fund revenue collector, Fund financial officer, Fund expenditure officer and Fund accounting officer from among public officials under his/her control to carry out affairs concerning revenues and expenditures of the Fund.

(2) The Service or the president of the Korea Occupational Safety and Health Agency under the Korea Occupational Safety and Health Agency Act may, if entrusted with affairs concerning the management and operation of the Fund under Article 97 (5) of the Act, appoint a director in charge of Fund revenues and a director in charge of actions incurring Fund expenditures from among their standing directors and a Fund expenditure employee and a Fund cashier from among their employees, and shall report this to the Minister of Employment and Labor. In such cases, the director in charge of Fund revenues shall perform duties of the Fund revenue collector, the director in charge of actions incurring Fund expenditures those of the Fund financial officer, the Fund expenditure employee those of the Fund expenditure officer, and the Fund cashier those of the Fund accounting officer, respectively.

(3) The Minister of Employment and Labor shall notify the Chairman of the Board of Audit and Inspection and the Governor of the Bank of Korea of the appointment of a Fund revenue collector, Fund financial officer, Fund expenditure officer, Fund accounting officer, director in charge of Fund revenues, director in charge of actions incurring Fund expenditures, Fund expenditure employee and Fund cashier under paragraphs (1) and (2).

Enforcement Ordinance

Article 92 (Expenditure-causing Action of Fund)

(1) The Minister of Employment and Labor shall allot the monthly expenditure ceiling of the Fund to the Fund financial officer, and notify the Fund expenditure officer of this. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The Fund financial officer shall take actions causing expenditures within the limits of the ceiling alloted under paragraph (1).

Enforcement Ordinance

Article 93 (Disbursement of Fund)

(1) When the Fund financial officer has the Fund expenditure officer disburse money from the Fund, he/she shall send documents related to the action causing expenditures to the Fund expenditure officer.
(2) If the Fund expenditure officer intends to disburse money from the Fund following the expenditure-causing action of the Fund financial officer, he/she shall issue checks whose payer is the Bank of Korea, a financial institution under the Bank Act or a postal service agency.
(3) Any amount not disbursed in the fiscal year for inevitable reasons after [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 94 (Prohibition of Cash Handling)

The Fund expenditure officer and Fund accounting officer may not keep, receive or disburse cash:Provided that they may keep, receive or disburse cash in the case of the operating expenses of government agencies prescribed in Article 24 of the National Treasury Management Act.

Enforcement Ordinance

Article 95 (Statement of Fund Accounts)

The Minister of Employment and Labor shall prepare a report on the settlement of accounts pursuant to Article 14 of the National Accounting Act for each fiscal year and shall submit it to the Minister of Strategy and Finance by the end of February of the following fiscal year:

1. State of the settlement of Fund accounts;

2. Financial statements, such as statements of financial position, statements of financial management, and statements of changes in net assets;

3. Table of comparison between the Fund operational plans and actual results;

4. Statement of revenues and expenditures;

5. Other documents necessary for clarifying details of the settlement of accounts.

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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