EMPLOYMENT INSURANCE ACT [See entire ACT]

CHAPTER Ⅷ Supplementary Provisions

Article 105 (Prohibition of Disadvantageous Treatment)

An employer shall not dismiss or cause other disadvantages to a worker for reason of a request for confirmation as provided by Article 17.

Article 106 (Application Mutatis Mutandis)

Articles 27, 27-2, 27-3, 28, 28-2 through 28-7, 29, 29-2, 29-3, 30, 32, 39, 41, and 42 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance shall apply mutatis mutandis to the collection of the following charges under this Act:

1. Amount of subsidies for employment security and vocational skills development programs to be returned or additional amount to be collected therefrom;

2. Amount of unemployment benefits to be returned or additional amount to be collected therefrom;

3. Amount of child care leave benefits, etc. to be returned or additional amount to be collected therefrom.

Article 107 (Extinctive Prescription)

(1) If the rights to receive subsidies, unemployment benefits, child-care leave benefits, or maternity leave benefits, etc. as prescribed in Chapters III through V or the rights to get a refund thereof are not exercised for three years, they shall become extinctive by prescription:Provided that the right of an employer to receive subsidies as prescribed in Chapter III, which occurs during a period of exemption from paying insurance premiums pursuant to Article 22-3 of the Insurance Premium Collection Act, shall be considered to become extinctive on the first day of the insurance year immediately preceding the insurance year to which the date of joining insurance belongs. [Amended by Act No. 11274, Feb. 1, 2012]
(2) The provisions of Article 113 of the Industrial Accident Compensation Insurance Act shall apply mutatis mutandis to the interruption of extinctive prescription. [Amended by Act No. 13041, Jan. 20, 2015]
[Proviso of paragraph (1) of this Article shall remain effective until Dec. 31, 2009 under the provisions of Article 3 of the Addenda of Presidential Decree No. 8429, May. 11, 2007]

Article 108 (Reporting)

(1) When the Minister of Employment and Labor determines that it is necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims, the Minister of Employment and Labor may request the current or previous business owner of an insured employee or eligible recipient or the service provider for handling insurance-related matters for such business owner prescribed in Article 33 of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as "service provider for insurance matters") to submit necessary reports and relevant documents or request an interested person to appear in person.

(2) A person severed from employment may review the former business owner's or the business owner's service provider for insurance matters to provide necessary certificates required to receive unemployment benefits. In such cases, upon receipt of such petition for review, the business owner or the service provider for insurance matters shall provide such certificates.

(3) The Minister of Employment and Labor may request an insured employee, an eligible recipient, or a claimant for the remaining unemployment benefits to submit necessary reports and relevant documents or to appear in person when necessary for the enforcement of this Act, including, but not limited to, confirmation of insured status and investigation of improper claims.

Article 109 (Investigation, etc.)

(1) The Minister of Employment and Labor may, if deemed necessary for the enforcement of this Act, including confirmation of insured status and investigation of fraudulent receipts, etc., have his officials question relevant persons or investigate documents such as account books, etc., at the workplace of an employer who employs or employed an insured person or eligible recipient, or the office of an insurance work service agency and a person who was an insurance work service agency. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor shall, when conducting an investigation pursuant to paragraph (1), inform the employer, etc., of necessary matters for the investigation, such as the date and contents of investigation, etc., in advance:Provided that this shall not apply if the case is urgent or it is deemed that advance notification may prevent the achievement of the goals. [Amended by Act No. 10339, Jun. 4, 2010]
(3) An official who conducts the investigation under paragraph (1) shall carry with him an identification card showing his status, and show it to related persons.
(4) The Minister of Employment and Labor shall inform the employer, etc., of the results of the investigation under paragraph (1) in writing. [Amended by Act No. 10339, Jun. 4, 2010]

Article 110 (Requests for Provision of Data)

(1) If necessary to perform the following duties, the Minister of Employment and Labor may request the heads of relevant agencies to provide information on resident registration, family relation registration, data on military service, data on land and buildings, data on various pensions and insurances, such as national pension and health insurance, information on entry into and exit from the Republic of Korea, etc. In such case, the heads of relevant agencies in receipt of such request shall comply therewith unless there is a compelling reason not to do so:

1. Verifying the details of reporting on the attainment or loss of insured status under Article 15 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1));

2. Verifying the attainment or loss of insured status under Article 17 (including cases applied mutatis mutandis in Articles 77-5 (1) and 77-10 (1));

3. Verifying double insurance under Articles 18, 77-2 (5) and 77-6 (3);

3-2. Granting subsidies to cover expenses for employment security and promotion of employment or implementing a loan program under Article 25;

4. Restricting assistance to programs for employment stability and vocational skills development due to improper acts under Article 35;

5. Verifying eligibility requirements for job-seeking benefits under Articles 40, 69-3, 77-3 and 77-8;

6. Paying job-seeking benefits, etc. that have not been paid pursuant to Article 57 (including cases to which such provision applies mutatis mutandis in Articles 63 (5), 69, 69-9 (1) and (2), 77-5 (2) and 77-10 (2));

7. Restricting the payment of job-seeking benefits, etc. due to improper acts pursuant to Article 61 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69-9 (1), 77-5 (2) and 77-10 (2));

8. Returning job-seeking benefits, etc. already received and additional collection pursuant to Article 62 (including cases to which such provision applies mutatis mutandis pursuant to Articles 63 (5), 69, 69-9 (1) and (2), 74, 77, 77-5 (2), and 77-10 (2));

9. Restricting the payment of employment promotion allowances under Article 68 (including cases to which such provision applies mutatis mutandis in Article 69-9 (1));

10. Restricting the payment of child care leave benefits, etc. pursuant to Article 73 (including cases to which such provision applies mutatis mutandis in Articles 74 (2) and 77);

11. Attaining insured status by a recipient under the National Basic Living Security Act pursuant to Article 113-2.

(2) If necessary to perform the duties prescribed in paragraph (1) 3-2, and 4 through 11, the Minister of Employment and Labor may request the head of a relevant tax office to provide the following taxation information in a document specifying the personal data of taxpayers and the purpose of use:

1. Global income under Article 4 (1) 1 of the Income Tax Act;

2. Business registration information under Article 8 of the Value-Added Tax Act, Article 111 of the Corporate Tax Act, or Article 168 of the Income Tax Act.

(3) The detailed range of data or information that can be requested pursuant to paragraph (1) shall be prescribed by Presidential Decree.

[This Article Wholly Amended on Aug. 27, 2019]

Enforcement Ordinance

Article 142-2 (Scope of Data Subject to Request for Provision)

Any of the following data or information can be requested under Article 110 (1) of the Act:

1. The following data or information regarding various kinds of pensions, insurance, and wages

(a). Enrollment in the public officials pension under the Public Officials Pension Act;

(b) Workplace-based insured persons' report and monthly pension premiums imposed under the National Pension Act;

(c). Reporting on workplaces and the amount of monthly insurance contributions for the employee insured under the National Health Insurance Act;

(d) Enrollment in the military pension plan under the Military Pension Act;

(e) Employees of special post offices enrolled in pension plan under the Special Post Offices Act;

(f) Private school teachers and staff enrolled in pension plan under the Pension for Private School Teachers and Staff Act;

(g) Industrial accident insurance benefits and persons in special types of employment under the Industrial Accident Compensation Insurance Act;

(h) Overdue wages under the Wage Claim Guarantee Act;

2. The following data or information regarding family relations, workers, persons with disabilities, foreigners, etc.:

(a) Computerized information and certificates on records of family relations under the Act on Registration of Family Relations;

(b) Acquisition and loss of nationality and the like under the Nationality Act;

(c) Military service under the Military Service Act;

(d) Termination of employment contracts with foreign workers and other types of employment under the Act on the Employment, etc. of Foreign Workers;

(e) Verification of disabilities under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

(f) Reporting of place of residence in Korea by Korean national residing abroad and foreign nationality Koreans under the Act on the Immigration and Legal Status of Overseas Koreans.

(g) Resident registration under the Resident Registration Act;

(h) Alien registration, entry into and departure from Korea, and reporting of dismissal or resignation, etc. of aliens under the Immigration Act;

3. The following data or information regarding real estate, automobiles, ships, aircraft, etc.:

(a) A certified copy of construction machinery register and registration of construction machinery business under the Construction Machinery Management Act;

(b) A certified copy of building register under the Building Act;

(c) Certified copies of the parcels-register for sites and the parcels-register for forest areas under the Act on the Establishment, Management, etc. of Special Data;

(d) Farmland Ledgers under the Farmland Act;

(e) Collateral security register under the Act on Security over Movable Property, Claims, Etc.;

(f) Certificates of registered matters for land and certificates of registered matters for buildings under the Registration of Real Estate Act;

(g) Certificates of Registration of Legal Entities under the Non-Contentious Case Procedure Act, the Commercial Registration Act, and the like;

(h) Ship registration certificates under the Ship Registry Act;

(i) Original ship registers under the Ship Act;

(j) Motor vehicle registers under the Motor Vehicle Management Act;

(k) Middle-standing enterprises under the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;

(l) Registers under the Decree on Registration of Patent Rights, Etc.;

(m) Aircraft original register under the Aviation Safety Act;

4. Other data or information necessary for managing insured status in employment insurance:

(a) Eligibility requirements and eligibility for self-support labor under the National Basic Living Security Act;

(b) Social welfare corporations and social welfare facilities and persons engaging in them under the Social Welfare Services Act;

(c) Social service providers and related workers under the Act on the Use of Social Services and the Management of Vouchers;

(d) Child care centers and child care teachers and staff under the Child Care Act.

[This Article Newly Inserted on Aug. 27, 2020]

Article 111 (Order to Receive Diagnosis)

The head of an employment security office may order a person who falls under Article 44 (3) 1 and who has obtained, or intends to obtain, recognition of unemployment under Article 44 (2) or a person who has received, or intends to receive, sickness benefits, as prescribed in Article 63, to undergo a medical examination at a medical institution designated by the Minister of Employment and Labor, if deemed necessary for payment of unemployment benefits.

Enforcement Ordinance

Article 143 (Expenses for Diagnosis)

If the head of an Employment Security Office orders a diagnosis under Article 111 of the Act, he/she may pay necessary expenses for the diagnosis.

Article 112 (Payment of Reward Money)

(1) The Minister of Employment and Labor may pay reward money to a person who reports fraudulent acts in connection with support for and entrustment of employment security and vocational skills development projects, payment of unemployment benefits, child-care leave benefits or maternity leave benefits, etc., within the limits of budgets. [Amended by Act No. 10339, Jun. 4, 2010 and Act No. 11274, Feb. 1, 2012]
(2) Necessary matters concerning the report of fraudulent acts and payment of reward money under paragraph (1) shall be prescribed in the Ordinance of the Ministry of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Article 113 Deleted. [Act No. 10895, Jul. 21, 2011]

Article 113-2 (Special Cases for Recipients under National Basic Living Security Act)

(1) Notwithstanding Article 8, a project to provide employment opportunities for self-reliance under Article 15 (1) 4 of the National Basic Living Security Act shall be deemed a project subject to this Act. In such cases, a recipient under subparagraph 2 of Article 2 of the National Basic Living Security Act who participates in such a project and is paid for his/her work thereunder shall be deemed a worker subject to this Act and an assistance agency under subparagraph 4 of Article 2 of the same Act (referring to the entrusted institution in case where the work of conducting a project is entrusted to it in accordance with the Article 15 (2) of the same Act) shall be deemed an employer subject to this Act.
(2) If a recipient referred to in the latter part of paragraph (1) is a person eligible for assistance under Article 5 (1) of the National Basic Living Security Act, only the provisions of Chapter III shall apply to that recipient.
(3) Notwithstanding Article 18, if a recipient to whom only the provisions of Chapter III shall apply pursuant to paragraph (2) is employed by a different business with which he/she has established insurance relationships, the recipient shall acquire insured status only as a worker of that business.
(4) Self-reliance benefits received by a recipient for participating in a project pursuant to paragraph (1) shall be deemed remuneration based on which the unit period of insurance shall be calculated under Article 41 and wages based on which the amount of daily wage shall be calculated under Article 45.
[This Article Newly Inserted by Act No. 10895, Jul. 21, 2011]

Article 114 (Implementation of Pilot Activities)

(1) The Minister of Employment and Labor may, if difficulties are expected in across-the-board implementation or it is needed to test implementation methods in advance in order to ensure the effective implementation of insurance programs, implement the insurance programs prescribed in the Presidential Decree on a pilot basis. [Amended by Act No. 10339, Jun. 4, 2010]
(2) The Minister of Employment and Labor may provide financial, administrative, technical and other supports to employers, insured persons, etc., and vocational skills development training facilities that participate in the activities implemented on a pilot basis pursuant to paragraph (1). [Amended by Act No. 10339, Jun. 4, 2010]
(3) Necessary matters concerning for whom, where and how pilot activities are implemented pursuant to paragraph (1) and details of support under paragraph (2) shall be determined and announced by the Minister of Employment and Labor. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 144-2 (Subjects for Implementation of Pilot Activities)

The Minister of Employment and Labor may entrust support for employment creation under Article 17 to other organizations on a pilot basis under Article 114 of the Act.
[This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010]

Article 115 (Delegation or Entrustment of Authority)

The Minister of Employment and Labor may delegate a part of his/her authority as prescribed by this Act to the head of an Employment Security Office or entrust it to the persons prescribed by the Presidential Decree. [Amended by Act No. 10339, Jun. 4, 2010]

Enforcement Ordinance

Article 145 (Delegation of Authority)

(1) The Minister of Employment and Labor shall delegate his or her authority over the following affairs to the head of each employment security office, as prescribed in Article 115 of the Act:

1. Deleted;

2. Deleted;

3. Deleted;

4. Assisting job creation prescribed in Article 20 of the Act (excluding those entrusted under paragraph (4));

5. Assisting employment adjustment prescribed in Article 21 of the Act;

6. Promoting local employment prescribed in Article 22 of the Act;

7. Assisting employment of the aged, etc. prescribed in Article 23 of the Act;

8. Assisting employment security of construction workers, etc. prescribed in Article 24 of the Act;

9. Carrying out programs for vocational skills development training prescribed in Article 31 (2) of the Act;

10. Providing information on employment and establishing foundations for supporting employment prescribed in Article 33 of the Act (excluding projects for establishing a foundation for employment security and vocational skills development, those for placement of experts, and projects entrusted pursuant to paragraph (6));

11. Imposing restrictions on assistance due to improper acts prescribed in Article 35 of the Act;

12. Granting child care leave benefits and imposing restrictions thereon prescribed in Articles 70 and 73 of the Act;

13. Granting maternity leave benefits, etc. and imposing restrictions thereon prescribed in Articles 75 and 77 of the Act;

14. Demanding submission of reports or related documents or requesting appearances prescribed in Article 108 of the Act (limited to cases where such demand or request is required to process entrusted administrative affairs);

15. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs), and issuing a prior notice of such investigations and a notice of the findings of such investigations in relation to such actions;

16. Requesting submission of materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

17. Paying rewards under Article 112 of the Act;

18. Imposing and collecting administrative fines under Article 118 of the Act.

19. Accepting reports on appointment and dismissal of agents prescribed in Article 4 (excluding cases where an agent conducts the affairs referred to in Article 15 of the Act on behalf of a business owner);

20. Carrying out programs for employment security and employment promotion prescribed in Article 35;

20-2. Deleted;

21. Providing support for projects for assisting employment prescribed in Article 36;

22. Granting subsidies to cover expenses incurred at a facility for promotion of employment prescribed in Article 38 (2) (limited to the facilities for promotion of employment prescribed in Article 38 (1) 2 and 3);

23. Deleted;

24. Granting subsidies for improvement of employees' vocational skills pursuant to Article 43;

25. Deleted;

26. Granting subsidies for employment training pursuant to Article 47.

(2) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Worker's Compensation and Welfare Service prescribed in the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Worker's Compensation and Welfare Service") with his or her authority over the following affairs:

1. Accepting reports, etc. on insured status prescribed in Article 15 of the Act;

2. Deleted;

2-2. Verifying insured status prescribed in Article 17 of the Act;

3. Requesting reports or related documents and appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

4. Having access to offices, making inquiries to the relevant person, and investigating into documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);

4-2. Deleted;

5. Requesting submission of materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

5-2. Vice Minister of Gender Equality and Family;

[5-2 Moved to subparagraph 11 ]

6. Accepting an application for insurance purchase of a public official eligible for employment insurance and notifying the fact of such application pursuant to Article 3-2 (2);

7. Accepting an application for withdrawal by an insured public official pursuant to Article 3-2 (4);

8. Accepting a report on appointment or dismissal of an agent referred to in Article 4 (limited to cases where an agent acts as an agent for matters regarding Article 15);

8-2. Managing and operating loans for the work-family balance assistance programs referred to in subparagraph 7 of Article 35;

8-3. Making loans to cover expenses for retaining employees in enterprises eligible for preferential support under Article 37-3;

9. Granting subsidies for the operation of a child care center under Article 38 (4);

10. Granting loans or subsidies to cover expenses for the installation of child care centers prescribed in Article 38 (5) and managing and operating such loans and subsidies;

11. Granting loans to cover expenses for vocational skills development training pursuant to Article 45;

12. Granting loans to cover living expenses during the vocational skills development training prescribed in Article 47-2 and managing and operating such loans.

(3) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Human Resources Development Service of Korea with his or her authority over the following affairs:

1. Supporting the vocational skills development training for business owners pursuant to Article 27 of the Act;

2. Granting subsidies to cover expenses incurred for technical skill competitions conducted by the private sector among the projects for promotion of skilled techniques prescribed in Article 31 (1) 2 of the Act;

3. Requesting reports or related documents or appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

4. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);

5. Requesting materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

6. Deleted.

7. Granting subsidies to cover expenses of vocational skills development training prescribed in Article 46;

8. Granting loans to cover expenses for vocational skills development training facilities, etc. prescribed in Article 48 and managing and operating such loans;

9. Granting subsidies to cover expenses for vocational skills development training facilities, etc. prescribed in Article 49 and managing and operating such subsidies (excluding affairs relating to decision-making on whether to grant such subsidies);

10. Deleted;

11. Granting subsidies to cover expenses for qualification testing programs prescribed in Article 51 (1) 1;

11-2. Developing, compiling and distributing training materials prescribed in Article 52 (1) 3;

12. Supporting the system for accreditation of exemplary enterprises in the development of human resources prescribed in Article 52 (1) 5;

13. Supporting vocational skills development programs conducted by business owners or employers' associations jointly with small and medium enterprises for employees of small and medium enterprises prescribed in Article 52 (1) 6;

14. Implementing vocational skills development training to improve core abilities to perform duties of business owners or employees of enterprises eligible for preferential support under Article 52 (1) 10;

15. Carrying out vocational skills development programs to promote the organized learning of enterprises eligible for preferential support prescribed in Article 52 (1) 11;

16. Carrying out vocational skills development programs to improve the skills of business owners or staff in charge of the development of human resources of enterprises eligible for preferential support for the development of human resources prescribed in Article 52 (1) 12;

17. Carrying out systematic support programs for on-site training for enterprises eligible for preferential support pursuant to Article 52 (1) 13;

18. Deleted.

(4) The Minister of Employment and Labor may, pursuant to Article 115 of the Act, entrust part of his or her authority over the subsidization of job creation programs pursuant to Article 17, subsidization of improvement programs of employment circumstances for seniors, etc. under Article 37, subsidization of expenses for employment promotion facilities prescribed in Article 38 (2) (limited to the facilities for the promotion of employment under Article 38 (1) 5), subsidization of programs collaboratively conducted by associations of business owners, associations of employees, or their federations prescribed in Article 52 (1) 4 for vocational skills development, and subsidization of local governments, etc. prescribed in Article 55 to the Korea Occupational Safety and Health Agency prescribed in the Korea Occupational Safety and Health Agency Act, the Korea Worker's Compensation and Welfare Service, the Korea Employment Agency for the Disabled prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (hereinafter referred to as the "Korea Employment Agency for the Disabled"), the Korea Labor Institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the "Korea Labor Institute"), and other relevant specialized institutions or non-profit juristic person determined and publicly notified by the Minister of Employment and Labor, and the criteria for selecting institutions qualified as such entrustment shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(5) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the agencies designated and publicly announced by the Minister of Employment and Labor, such as the Human Resources Development Service of Korea, the Korea Employment Agency for the Disabled, the Korea Labor Institute, or related specialized agencies with part of his or her duties such as the examination of management of employment and other support prescribed in Article 33.

(6) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy with authority over the following affairs among his or her authority over subsidization of equipment, etc. prescribed in Article 15 (6) of the Act, the provision of information on employment, and the establishment of a foundation for supporting employment prescribed in Article 33 of the Act:

1. Collecting and analyzing information on employment and furnishing such information to employment security offices;

2. Researching, developing, and disseminating techniques for occupational guidance, including counselling on jobs and training;

3. Evaluating the provision of information on employment, occupational guidance, and job referral and providing support for such activities;

4. Operating electronic networks relating to employment insurance among the affairs relating to the establishment of the infrastructure for employment security and vocational skills development.

(7) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Construction Working Mutual Fund prescribed in Article 9 of the Act on the Employment Improvement of Construction Workers with support for stable employment, etc. of construction workers prescribed in subparagraph 4 of Article 35.

(8) In order to carry out the affairs entrusted under paragraphs (2) through (5), the President of the Korea Worker's Compensation and Welfare Service, the President of the Human Resource Development Service of Korea, and the President of the Korea Employment Agency for the Disabled shall each appoint a director responsible for fund revenue and a director responsible for acts incurring expenditure from the fund among standing directors at each institution, appoint an officer in charge of fund disbursement and a fund cashier among the employees of each institution, and shall report the appointment to the Minister of Employment and Labor. In such cases, the duties for which each director or officer is responsible shall be as follows:

1. Director responsible for fund revenue: Duties of a fund revenue collector;

2. Director responsible for acts incurring expenditure from the Fund: Duties of a fund treasurer;

3. Officer in charge of fund expenditure: Duties of a fund expenditure officer;

4. Fund cashier: Duties of a fund accounting official.

(9) The Minister of Employment and Labor shall give notice of the appointment of a director responsible for fund revenue, a director responsible for acts incurring expenditure from the Fund, an officer in charge of fund expenditure, and a fund cashier prescribed in paragraph (8) to the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea.

Enforcement Ordinance

Article 145-2 (Management of Personally Identifiable Information)

(1) Where it is unavoidable to perform the following affairs, the Minister of Employment and Labor (including any person delegated or entrusted with the authority or affairs of the Minister of Employment and Labor pursuant to Article 145) may manage data containing resident registration numbers or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Purchase of the employment insurance for foreign workers prescribed in Article 10-2 of the Act and Article 3-3 of this Decree;

1-2. Purchase of or withdrawal from the employment insurance for public officials in extraordinary civil service and public officials in a fixed term position pursuant to the proviso to Article 10 (1) 3 of the Act and Article 3-2 of this Decree;

2. Reporting of the attainment, loss, etc. of insured status prescribed in Article 15 of the Act;

3. Deleted;

4. Verification of qualifications for insured status prescribed in Article 17 of the Act;

5. Assistance to a business owner who expands employment opportunities prescribed in Article 20 of the Act;

6. Assistance to a business owner who has taken measures for employment security prescribed in Article 21 of the Act;

7. Assistance to a business owner who promotes local employment prescribed in Article 22 of the Act;

8. Assistance for promotion of employment of seniors, etc. prescribed in Article 23 of the Act;

9. Assistance to and providing loans for those who conduct programs aimed at promoting employment security and job creation prescribed in Article 25 of the Act;

10. Assistance for facilities contributing to promotion of employment prescribed in Article 26 of the Act;

11. Promoting loans for those who bear the expenses incurred in vocational skills development training to a business owner prescribed in Article 27 of the Act;

12. Assistance for vocational skills development to the insured, etc. prescribed in Article 29 of the Act;

13. Assistance to and extension of loans to those who bear the expenses incurred in establishing vocational skills development training facilities and purchasing equipment related thereto pursuant to Article 30 of the Act;

14. Assistance to those who conduct programs for promotion of vocational skills development pursuant to Article 31 of the Act;

15. An order to return a subsidy or to additionally collect such subsidy, on account of an improper act, pursuant to Article 35 of the Act;

15-2. Subsidization of national pension premiums pursuant to Article 55-2 of the Act;

16. Payment of child care leave benefits prescribed in Article 70 of the Act;

17. Payment of the benefits for reduced working hours during the period of infant care prescribed in Article 73-2 of the Act;

18. Payment of maternity leave benefits, etc. prescribed in Article 75 of the Act;

19. Application in subrogation for the payment of maternity leave benefits, etc. prescribed in Article 75-2 of the Act;

20. Request for the report, etc. pursuant to Article 108 of the Act;

21. Investigations, etc. under Article 109 of the Act;

22. Request for data prescribed in Article 110 of the Act;

23. Reporting on improper acts and the payment of a monetary reward in return therefor prescribed in Article 112 of the Act;

24. Reporting on the appointment or dismissal of an agent prescribed in Article 4;

25. Reporting on the change of an insured employee's name and other details prescribed in Article 10.

(2) Where inevitable to carry out the following affairs, the head of a relevant employment security office may handle the materials which include resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. An order to return job-seeking benefits, etc. or to additionally collect them, on account of improper acts, pursuant to Articles 62, 74 and 77 of the Act;

2. Reporting of unemployment (including verifying a certificate of severance) under Article 42 of the Act;

3. Approval of eligibility for benefits prescribed in Article 43 of the Act;

4. Verification of unemployment, etc. prescribed in Article 44 of the Act;

5. Postponement, etc. of the benefit period prescribed in Article 48 of the Act and Article 71 of this Decree;

6. Payment of individually extended benefits prescribed in Article 52 of the Act;

7. Payment of unpaid job-seeking benefits prescribed in Article 57 of the Act;

8. Payment of sickness benefits prescribed in Article 63 of the Act;

9. Payment of the early re-employment allowance prescribed in Article 64 of the Act;

10. Payment of the long-distance job search allowance prescribed in Article 66 of the Act;

11. Affairs on the payment of the relocation allowance prescribed in Article 67 of the Act.

(3) Where inevitable to carry out the affairs on the request for review prescribed in Article 87 (1) of the Act, an examiner may handle the materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

(4) Where inevitable to carry out the following affairs, the Board of Review may handle the materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Affairs concerning a request for further review prescribed in Article 87 (1) of the Act;

2. Affairs concerning perusal of hearing report prescribed in Article 101 (5) and (6) of the Act.

[This Article Wholly Amended on Jan. 13, 2012]

Enforcement Ordinance

Article 145-3

Deleted

Article 115-2 (Legal Fiction as Public Officials in Application of Penal Provisions)

(1) Where any person performs activities by proxy or is entrusted with activities pursuant to Articles 36 and 115, he or she shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act.

(2) A non-public official member of the Appeal Committee shall be deemed a public official in applying penalty provisions under Articles 129 through 132 of the Criminal Act.

[This Article Newly Inserted on Dec. 31, 2008]

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

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