EMPLOYMENT INSURANCE ACT [See entire ACT]

CHAPTER Ⅱ Management of Insured Persons

Article 13 (Date of Acquisition of Insured Status)

(1) An insured employee shall acquire insured status as of the first day of employment with an employing unit subject to this Act: Provided, That he or she shall be deemed to acquire such status on each relevant date in either of the following cases:

1. Where this Act becomes applicable to an employee who has been excluded from application under Article 10 or 10-2, the date this Act becomes applicable to such employee;

2. An employee who was employed before commencement of insurance under Article 7 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance acquires insured status as of the effective date of commencement of insurance.

(2) An insured self-employed person shall acquire his or her insured status on the date the insurance becomes effective pursuant to subparagraph 3 of Article 7 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, which is applied mutatis mutandis pursuant to Article 49-2 (1) and (12) of the same Act.

Article 14 (Date of Loss of Insured Status)

(1) An insured employee shall lose his or her insured status on any of the following dates:

1. The date he or she becomes excluded from application under Article 10 or 10-2;

2. Where an insurance relationship ceases, the date the insurance relationship ceases under Article 10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance;

3. Where he or she leaves a job, the date following the date of job-leaving;

4. Where he or she dies, the date following the date of death.

(2) Notwithstanding paragraph (1), an insured self-employed person shall lose his or her insured status on the date the insurance relationship ceases pursuant to subparagraphs 1 through 3 of Article 10 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, which are applied mutatis mutandis pursuant to Article 49-2 (10) and (12) of the same Act.

Article 15 (Reporting on Insured Status)

(1) Business owners shall report to the Minister of Employment and Labor any change in their employees' insured status, such as attainment or loss thereof, as prescribed by Presidential Decree.

(2) With respect to an employee who works for a subcontractor, but whose business owner is a primary contractor, as prescribed in Article 9 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance, any of the following subcontractors shall file a report pursuant to paragraph (1). In such case, the primary contractor shall submit to the Minister of Employment and Labor data on the subcontractor, as prescribed by Ordinance of the Ministry of Employment and Labor:

1. A constructor prescribed in subparagraph 7 of Article 2 of the Framework Act on the Construction Industry;

2. A housing construction business operator prescribed in Article 4 of the Housing Act;

3. A constructor prescribed in subparagraph 3 of Article 2 of the Electrical Construction Business Act;

4. An information and communications construction business operator prescribed in subparagraph 4 of Article 2 of the Information and Communications Construction Business Act;

5. A firefighting system business operator prescribed in Article 2 (1) 2 of the Firefighting System Installation Business Act;

6. A cultural heritage repair business operator prescribed in Article 14 of the Act on Cultural Heritage Maintenance.

(3) If a business owner fails to report the insured status prescribed in paragraph (1), any employee may report, as prescribed by Presidential Decree.

(4) Upon receipt of a report filed under paragraphs (1) through (3), the Minister of Employment and Labor shall notify the interested persons, including the insured employee and the primary contractor, of reported information, such as attainment or loss of insured status, as prescribed by Ordinance of the Ministry of Employment and Labor.

(5) Any business owner, primary contractor, or subcontractor referred to in paragraph (1) or (2) may file a report prescribed in paragraph (1) or (2) by electronic means prescribed by Ordinance of the Ministry of Employment and Labor.

(6) The Minister of Employment and Labor may provide a business owner, primary contractor, or subcontractor who wishes to report electronically pursuant to paragraph (5) with necessary equipment, etc., as prescribed by Ordinance of the Ministry of Employment and Labor.

(7) Notwithstanding paragraph (1), no insured self-employed person may file any report on the acquisition and loss of his or her insured status.

Enforcement Ordinance

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 an employee employed to engage in the business with the Minister of Employment and Labor pursuant to Article 15 of the Act shall file such report by no later than the fifteenth day of the month immediately following the month during which such event occurs (without delay, if the relevant employee demands that he or she file such report earlier than the above-stated deadline). In such cases, a report on the acquisition or loss of insured status shall be deemed to have been filed 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 hire employee employed during the pertinent month had provided service and the wages paid to such employee by no later than the fifteenth day of the month immediately following the month during which such event occurs.

(2) Each business owner who has filed a report on the commencement or termination of his or her business pursuant to Article 11 (3) of the Act On The Collection Of Insurance Premiums, Etc. For Employment Insurance And Industrial Accident Compensation Insurance 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).

(3) Deleted.

(4) Deleted

Enforcement Ordinance

Article 8 (Report by Workers on Insured Status)

In the event that a worker reports matters concerning the acquisition or loss, etc. of insured status pursuant to Article 15 (3) of the Act, he/she shall submit a document proving employment relationship such as his/her labor contract, etc.

Enforcement Ordinance

Article 9 (Report on Transfer of the Insured)

If an employer transfers the insured from his/her one business to another, he/she shall report this to the Minister of Employment and Labor within 14 days of the transfer date. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 10 (Report on Changes of Name, etc. of the Insured)

(1) An employer shall, if the name or resident registration number of the insured is changed or corrected, report this to the Minister of Employment and Labor within 14 days of the change or correction date. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23513, Jan. 13, 2012]
(2) An assistance agency or an entrusted institution pursuant to the latter part of Article 113-2 (1) of the Act, if recipients pursuant to the latter part of the same paragraph is changed to other recipients from recipients who are persons eligible for livelihood benefits under Article 8 (2) of the National Basic Living Security Act or changed to recipients who are persons eligible for assistances from other recipients, shall report to the Minister of Employment and Labor within 14 days from the changed date. [Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]

Article 16

Deleted.

Article 17 (Confirmation of Insured Status)

(1) Any person who is or was insured is entitled to request the Minister of Employment and Labor to verify the loss or attainment of insured status at any time.

(2) The Minister of Employment and Labor shall verify the loss or attainment of insured status upon receipt of such request under paragraph (1) or ex officio.

(3) The Minister of Employment and Labor shall notify the interested persons, including the person who has filed the request for verification and the business owner, of the results of verification conducted under paragraph (2), as prescribed by Presidential Decree.

Enforcement Ordinance

Article 11 (Request for and Notification of Confirmation)

(1) If he or she intends to confirm the acquisition or loss of his or her insured status pursuant to Article 17 (1) of the Act, any current or former insured employee shall request such confirmation from the Minister of Employment and Labor.

(2) The Minister of Employment and Labor shall, pursuant to Article 17 (3) of the Act, give notice of the results of such confirmation of the acquisition or loss of insured status to the person who has requested such confirmation and to the business owner or subcontractor who currently employs, or previously employed, the requesting person.

Article 18 (Restriction on Dual Acquisition of Insured Status)

If a worker is employed simultaneously by two or more businesses with which the insurance relationship has been established, he/she shall acquire insured status as a worker of one of the businesses, as prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

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

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