EMPLOYMENT INSURANCE ACT [See entire ACT]

CHAPTER Ⅵ Employment Insurance Fund

Article 78 (Establishment and Formation of Fund)

(1) The Minister of Employment and Labor shall establish the employment insurance fund (hereinafter referred to as the “fund”) in order to finance the expenses needed for insurance programs. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The fund shall be formed with collected premiums, reserve funds, profits derived from the operation of the fund and other revenues under this Act.

Article 79 (Management and Operation of Fund)

(1) The fund shall be operated and managed by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]
(2) Details of the management and operation of the fund shall be provided by the National Finance Act.
(3) The Minister of Employment and Labor shall manage and operate the fund according to methods prescribed in the following subparagraphs:[Amended by Act No. 10339, Jun. 4, 2010]
1. Deposits in financial institutions;
2. Deposits in public financial funds;
3. Purchase of securities issued or guaranteed by the State or local governments or financial institutions;
4. Acquisition and disposal of real estates to carry out insurance programs or increase the fund;and
5. Other methods to increase the fund prescribed in the Presidential Decree.
(4) The Minister of Employment and Labor shall ensure that earnings from the management and operation of the fund will exceed a certain level prescribed in the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 104-5 (Expert Member for Administration and Management of Fund)

(1) The Minister of Employment and Labor may assign an expert member for fund management in order to administer and manage the fund in a systematic and stable manner pursuant to Article 79 of the Act. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Matters concerning the qualifications, duties, remunerations, etc., of the expert member for fund management shall be determined 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]

Enforcement Ordinance

Article 105 (Management Business, etc. of Fund)

(1) The “methods to increase the fund, prescribed by the Presidential Decree” in Article 79 (3) 5 of the Act refer to a purchase of securities under Article 4 of the Capital Markets and Financial Investment Business Act. [Amended by Presidential Decree No. 20947, Jul. 29, 2008]
(2) The “certain level prescribed by the Presidential Decree” in Article 79 (4) of the Act refers to the rate of return determined by the Minister of Employment and Labor in consideration of the interest rates for regular savings accounts with a maturity of one year (referring to the interest rates applied by banks with nationwide business areas among the banks established under the Banking Act), expected price increase rates, etc. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22493, Nov. 15, 2010]

Enforcement Ordinance

Article 106 (Fund Accounting)

The employment insurance fund (hereinafter referred to as the “fund”) shall be accounted for according to Article 11 of the National Accounting Act. [Amended by Presidential Decree No. 23139, Sep. 15, 2011]

Article 80 (Use of Fund)

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

1. Payment of expenses for the employment security and vocational skills development programs;

2. Payment of unemployment benefits;

2-2. Support for national pension insurance premiums under Article 55-2;

3. Payment of child care leave benefits and maternity leave benefits, etc.;

4. Refund of insurance premiums;

5. Repayment of temporary loans and interest payment;

6. Payment of contributions to persons who perform by proxy the business activities prescribed in this Act and the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance or who are entrusted with such business activities;

7. Payment of other expenses prescribed by Presidential Decree that are necessary for the implementation of this Act and any expenses incidental to the operation of the programs prescribed in subparagraphs 1 and 2.

(2) The amount contributed to the National Health Insurance Service under Article 13 of the National Health Insurance Act from the Fund pursuant to paragraph (1) 6 shall be calculated on the basis of the proportion, etc. occupied by the duties of collection (referring to the duties regarding notification, receipt, and default).

(3) Matters necessary for the criteria for payment of contributions prescribed in paragraph (1) 6 and the use and management thereof shall be prescribed by Presidential Decree.

Enforcement Ordinance

Article 107 (Use, etc. of Fund)

(1) "Expenses prescribed by Presidential Decree" in Article 80 (1) 7 of the Act means the following expenses:

1. Expenses incurred in the management and operation of the insurance service;

2. Expenses incurred in the management and operation of the Fund;

3. Grants to agencies for vicarious execution of administrative affairs of insurance business prescribed in Article 33 of the Insurance Premiums Collection Act;

4. Payment of fees for the entrustment of projects or business affairs prescribed in the Act and the Insurance Premiums Collection Act.

(2) With regard to contributions prescribed in Article 80 (1) 6 of the Act, where an eligible recipient of contribution to be paid on a monthly basis applies for the amount of contribution to be expended the following month, the requested amount shall be reviewed by the Minister of Employment and Labor, and reasonable amount shall be paid to the person.

(3) A recipient (hereafter referred to as "contributee" in this Article) of contributions prescribed in Article 80 (1) 6 of the Act shall open separate accounts to manage the contribution, and any interest income accrued from the account shall be returned to the Minister of Employment and Labor: Provided, That a contributee may, where the contributee has obtained approval from the Minister of Employment and Labor, use the contributions in business the contributee performs by proxy or is entrusted to perform (hereafter referred to as "business for purpose of contributions" in this Article).

(4) Contributions which remain without being used for business for purpose of contributions within an insurance year shall be returned to the Minister of Employment and Labor unless otherwise provided in other statutes: Provided, That where a contributee has obtained approval from the Minister of Employment and Labor, he or she may carry forward such contribution to the following year to be used for business for purpose of contributions.

(5) Where a contributee has used contributions for any purpose other than the intended purpose of contribution, the Minister of Employment and Labor may request the contributee to return the corresponding amount.

(6) A contributee shall report to the Minister of Employment and Labor the results of execution of contributions for the quarter by the 10th of the month following each quarter.

[This Article Wholly Amended on Sep. 18, 2008]

Enforcement Ordinance

Article 108 (Entrustment of Payment by Fund)

The Minister of Employment and Labor may execute business related to the payment of grants and subsidies from the fund, provision of loans, payment of training expenses and training allowances, or payment of unemployment benefits by entrusting the business to any of the following institutions or a postal agency:[Amended by Presidential Decree No. 22269, Jul. 12, 2010, Presidential Decree No. 22493, Nov. 15, 2010 and Presidential Decree No. 23496, Jan. 6, 2012]
1. Banks approved under Article 8 of the Banking Act;
2. Nonghyup Bank under the Agricultural Cooperatives Act;
3. The National Federation of Fishery Cooperatives under the Fishery Cooperatives Act;
4. Mutual savings banks under the Mutual Savings Bank Act;
5. Community credit cooperatives under the Community Credit Cooperatives Act;and
6. Credit cooperatives under the Credit Cooperatives Act
[This Article Wholly Amended by Presidential Decree No. 20775, Apr. 30, 2008]

Article 81 (Fund Management Plan, etc.)

(1) The Minister of Employment and Labor shall make a fund management plan each year and the plan shall be approved by the President after deliberation at the Employment Insurance Committee under Article 7 and a cabinet meeting. [Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall announce the results of fund management after deliberation at the Employment Insurance Committee under Article 7 each year. [Amended by Act No. 9315, Dec. 31, 2008 and Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 109 (Fund Operation Plan)

The fund operation plan under Article 81 (1) of the Act shall include the following matters:
1. Matters concerning incomes and expenditures of the fund;
2. Matters concerning business plans, plans on actions causing expenditures and funding plans for the year concerned;
3. Matters concerning the disposition of the funds carried over from the previous year;
4. Matters concerning the reserve funds;and
5. Other matters necessary for fund operation.

Enforcement Ordinance

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, official gazette, internet homepage, or broadcasting.

Article 82 (Establishment of Fund Account)

(1) The Minister of Employment and Labor shall establish the accounts of the employment insurance fund with the Bank of Korea. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The accounts of the employment insurance fund under paragraph (1) shall be managed separately for employment security and vocational skills development projects and unemployment benefits, employment security and vocational skills development projects for self-employed persons, and unemployment benefits for self-employed persons. [Amended by Act No. 10895, Jul. 21, 2011]
Article 83 (Receipts and Disbursements of Fund)
Necessary details related to receipts and disbursements in the management and operation of the fund shall be prescribed in the Presidential Decree.

Enforcement Ordinance

Article 111 (Accounting Institution of Fund)

(1) The Minister of Employment and Labor shall appoint a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer from among relevant public officials to carry out affairs concerning the revenues and disbursements of the fund. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The fund revenue collector and fund financial officer shall be in charge of contracts resulting from the management and operation of the fund, actions causing revenues and disbursements, and affairs concerning the collection and determination of fund revenues, and the fund disbursement officer and fund accounting officer shall be in charge of revenues and disbursements resulting from the management and operation of the fund.
(3) When the Minister of Employment and Labor has appointed a fund revenue collector, fund financial officer, fund disbursement officer and fund accounting officer, he/she shall notify the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of this. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 112 (Designation of Bank Responsible for Transaction)

The fund disbursement officer shall designate the Bank of Korea located in the local area concerned (including its main office, branch office, agency or national agency;hereinafter the same shall apply.), or if there is no Bank of Korea located in the local area concerned, the nearest Bank of Korea as the payer of checks issued by him/her.

Enforcement Ordinance

Article 113 (Procedure for Receipt of Fund Revenues)

(1) If the fund revenue collector is to collect fund revenues, he/she shall notify the person responsible for the payment that the person should pay it to the fund’s account in the Bank of Korea:Provided that this shall not apply in case the employer makes a voluntary payment within a set period.
(2) When the Bank of Korea receives fund revenues, it shall issue a receipt to the payer and send a notice of the receipt to the fund revenue collector without delay.
(3) The Bank of Korea shall gathered the revenues of the fund received under paragraph (2) together into the fund account established in the headquarters of the Bank of Korea according to handling procedures for national funds.

Enforcement Ordinance

Article 114 (Procedure for Disbursement from Fund)

(1) When the fund financial officer executes a disbursement-causing action, he/she shall send the documents related to the disbursement-causing action to the fund disbursement officer.
(2) When the fund disbursement officer disburses money from the fund due to the disbursement-causing action of the fund financial officer, he/she shall have the Bank of Korea make that payment by transferring money to the savings account in the financial institution of the creditor or a person entrusted to handle the affairs of paying national funds under the conditions prescribed by laws and regulations.
(3) The amount, which has not been disbursed during the fiscal year concerned due to inevitable reasons after the fund financial officer has executed disbursement-causing actions, may be disbursed by carrying it forward to the following year.

Enforcement Ordinance

Article 115 (Prohibition of Cash Dealings)

The fund disbursement officer and fund accounting officer may not keep or handle cash:Provided that this shall not apply in cases prescribed in Article 22 (4) and 24 of the Management of the National Funds Act.

Enforcement Ordinance

Article 116 (Assignment of Amount Limit to Fund Disbursement-causing Actions)

(1) The Minister of Employment and Labor shall assign to each fund financial officer a limit on the amount of funds to be used for disbursement-causing actions within the scope of the quarterly plan on disbursement-causing actions under Article 109 (2). [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) The Minister of Employment and Labor shall assign funds according to a detailed monthly funding plan prepared pursuant to Article 49 (2) of the Enforcement Decree of the Management of the National Funds Act to each fund disbursement officer within the scope of the monthly funding plan under subparagraph 2 of Article 109. [Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23139, Sep. 15, 2011]

Enforcement Ordinance

Article 117 (Report on State of Fund Operation)

(1) The fund revenue collector, the fund financial officer and the fund disbursement officer shall prepare a report on the amount of funds collected, a report on the amount of funds used for disbursement-causing actions and a report on the amount of funds disbursed, respectively, all of which are dated the last day of each month, and shall submit them to the Minister of Employment and Labor by the 20th of the following month. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]
(2) Other necessary matters concerning the report on fund operation and management, besides the reports prescribed in paragraph (1), shall be determined by the Minister of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 118 (Report on Settlement of Accounts of Fund)

The Minister of Employment and Labor shall prepare the following documents about the settlement of accounts of the fund for each fiscal year, and shall submit them to the Minister of Strategic Planning and Finance after review at the Council by the end of February of the following fiscal year:[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 on the overview and analysis of the statements of accounts of the fund;
2. Financial statements such as position statement, financial operating statement, statement of changes in net assets, etc.;
3. List of comparisons between fund operation plans and actual achievements;
4. Statement of revenues and expenditures;and
5. Other documents necessary to clarify the contents of the settlement of accounts.
Article 84 (Accumulation of Fund)
(1) The Minister of Employment and Labor shall set aside extra funds as reserves to cope with massive unemployment or other kinds of employment insecurity. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The optimum volume of the extra funds referred to in paragraph (1) shall be as follows:
1. Year-end amount of reserves for employment security and vocational skills development projects:the amount of expenditure for the year concerned or more but less than 1.5 times that amount;and
2. Year-end amount of reserves for unemployment benefits:1.5 times the amount of expenditure for the year concerned or more but less than twice that amount
[This Article Wholly Amended by Act No. 9315, Dec. 31, 2008]

Enforcement Ordinance

Article 119 (Receipts and Disbursements of Reserve Fund, etc.)

Necessary matters concerning receipts and disbursements of the reserve fund and spare money of the fund under Article 84 of the Act shall be prescribed by the Ordinance of the Ministry of Employment and Labor. [Amended by Presidential Decree No. 22269, Jul. 12, 2010]

Enforcement Ordinance

Article 120 (Mutatis Mutandis Application of the State Financial Act and the Management of the National Funds Act)

With respect to matters not provided in the Act and this Decree concerning the operation and management of the Fund, the National Finance Act and the Management of the National Funds Act shall apply mutatis mutandis.

Article 85 (Treatment of Surplus and Loss)

(1) If there is a surplus as a result of the settlement of accounts of the fund, it shall be put aside as a reserve fund.
(2) If there is any amount of loss resulting from the settlement of accounts of the fund, it shall be compensated using the reserve fund.

Article 86 (Loan)

In case where there is or is expected to be a lack of funds for spending, loans may be made from financial institutions, other funds and other financial resources on the security of the fund.

Article 114 (Operation of Pilot Programs)

(1) Notwithstanding Article 8, business of providing an opportunity to work for self-support pursuant to Article 15 (1) 4 of the National Basic Living Security Act shall be construed as the business prescribed in this Act. In such cases, a recipient prescribed in subparagraph 2 of Article 2 of the National Basic Living Security Act who participates and engages in paid work for the aforementioned business shall be construed as the worker under this Act, and the guarantee institutions prescribed in subparagraph 4 of Article 2 of the same Act (in cases of entrusting business pursuant to Article 15 (2) of the same Act, referring to the entrusting institution) shall be construed as the business owner under this Act.
(2) Where a recipient prescribed in the latter part of paragraph (1) falls under any of the persons eligible for assistance under Article 8 (2) of the National Basic Living Security Act, only Chapter III shall apply to the recipient.
(3) Notwithstanding Article 18, where a recipient to whom only Chapter III applies pursuant to paragraph (2) is employed in other insured business, he/she may acquire an insured status as an employee of the other business.
(4) The self-support benefits received by a recipient after he/she participated in the business pursuant to paragraph (1) shall be deemed the remuneration to be used as basis for computation of the qualifying days in covered employment used as basis for computation of Article 41 and as the remuneration to be used as basis for the daily wage under Article 45.
<This Article Newly Inserted by Act No. 10895, Jul. 21, 2011>

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

    • 맨앞으로
    • 앞으로
    • 다음
    • 맨뒤로