Article 5 (Insurance Subscribers)

(1) The employers and workers (excluding those excluded from application under Article 10 and 10-2 of the Employment Insurance Act；hereinafter in this paragraph, the same shall apply) of a business subject to the Employment Insurance Act shall compulsorily become a subscriber of employment insurance (hereinafter referred to as the “employment insurance”) under the Employment Insurance Act.
(2) If the employer of a business for whom the same Act does not apply pursuant to the proviso of Article 8 of the Employment Insurance Act gets approval from the Corporation with the consent of a majority of the workers, the employer and workers of the business may subscribe to employment insurance.
(3) The employer of a business subject to the Industrial Accident Compensation Insurance Act shall compulsorily become a subscriber of industrial accident compensation insurance (hereinafter referred to as the “industrial accident compensation insurance”) under the Industrial Accident Compensation Insurance Act.
(4) The employer of a business for whom the same Act does not apply pursuant to the proviso of Article 6 of the Industrial Accident Compensation Insurance Act may join the industrial accident compensation insurance with the approval of the Corporation.
(5) If an employer who has subscribed to employment insurance or industrial accident compensation insurance pursuant to paragraph (2) or (4) cancels the insurance contract, he/she shall get approval from the Corporation in advance. In this case, the insurance contract shall be cancelled after the end of the insurance year in which the insurance contract is made.
(6) If an employer cancels an employment insurance contract pursuant to paragraph (5), the employer shall get the consent of a majority of the workers.
(7) The Corporation may, if deemed impossible to continuously maintain an insurance relationship due to the absence of substantial business, etc., cancel the insurance relationship.
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Article 6 (Fictitious Insured Status)

(1) If a business whose employer and workers become compulsory subscribers to employment insurance pursuant to Article 5 (1) becomes a businesses excluded from application pursuant to the proviso of Article 8 of the Employment Insurance Act due to reasons such as a change in business size, etc., the employer and workers shall be considered subscribed to employment insurance under Article 5 (2) from the date of coming to fall thereunder.
(2) If a business whose employer becomes a compulsory subscriber of industrial accident compensation insurance pursuant to Article 5 (3) comes to fall under the businesses excluded from application pursuant to the proviso of Article 6 of the Industrial Accident Compensation Insurance Act due to reasons such as a change in business size, etc., the employer shall be considered subscribed to industrial accident compensation insurance under Article 5 (4) from the date of coming to fall thereunder.
(3) If an employer prescribed in paragraphs (1) through (4) of Article 5 comes to not employ a worker (excluding workers excluded from application under Article 10 and 10-2 of the Employment Insurance Act in the case of employment insurance；hereinafter the same shall apply in this paragraph) during operation of the business, the employer shall be considered subscribed to insurance even for a non-employment period not exceeding one year from the first day of unemployment.
(4) The provisions of Article 5 (5) and (6) shall apply mutatis mutandis to the cancellation of an insurance contract by an employer and workers under paragraphs (1) and (2).
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Article 7 (Date of Establishment of Insurance Relationship)

An insurance relationships shall be established on the date prescribed in any of the following subparagraphs：
1. In the case of a business where the employer and workers become compulsory subscribers to employment insurance pursuant to Article 5 (1), the date on which the business is initiated (In case the business prescribed in the proviso of Article 8 of the Employment Insurance Act comes to fall under the businesses where the employer and workers become compulsory subscribers to employment insurance pursuant to Article 5 (1), the date of coming to fall thereunder)；
2. In the case of a business where the employer becomes a compulsory subscriber to industrial accident compensation insurance pursuant to Article 5 (3), the date on which the business is initiated (In case the business prescribed in the proviso of Article 6 of the Industrial Accident Compensation Insurance Act comes to fall under the businesses where the employer becomes a compulsory subscriber to industrial accident compensation insurance pursuant to Article 5 (3), the date of coming to fall thereunder)；
3. In the case of a business which has joined insurance pursuant to paragraph (2) or (4) of Article 5, the day following the date on which the Corporation receives an application for approval for joining insurance from the employer；
4. In the case of businesses subject to blanket application pursuant to Article 8 (1), the date on which the first business that has been carried out is initiated；and
5. In the case of a subcontractor that has joined insurance pursuant to the proviso of subparagraph (1) and subparagraph (2) of Article 9, the beginning date of the construction work subcontracted.
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Article 8 (Blanket Application for Businesses)

(1) If each of the businesses run by an employer who becomes a compulsory insurance subscriber under Article 5 (1) or (3) meets any of the following conditions, all of the businesses shall be considered a single business in the application of this Act：
1. The employer is the same person；
2. Each business has a fixed period；and
3. Type of business etc. meet the conditions prescribed by the Presidential Decree.
(2) If an employer other than those subject to blanket application pursuant to paragraph (1) regards all of the businesses (limited to businesses which are categorized as the same type of business by the Minister of Employment and Labor, in the case of industrial accident compensation insurance) meeting the condition described in paragraph (1) 1 as a single business and wants this Act to apply accordingly, the employer shall get approval from the Corporation, and if the employer obtains the approval, he/she shall begin to be subject to blank application from the day following the date on the Corporation receives an application for approval for blank application from the employer. In this case, as long as the blanket application is not cancelled pursuant to paragraph (3), the employer shall be continuously subject to blanket application for all of his/her businesses even in the following insurance years. [Amended by Act No. 10339, Jun. 4, 2010]
(3) If an employer subject to blanket application under paragraph (2) intends to cancel the blanket application, the employer shall get approval from the Corporation. In this case, the cancellation of the blanket application shall take effect for insurance relationships of the following insurance years.
(4) If an employer subject to blanket application pursuant to paragraph (1) does not fall under the conditions described in paragraph (1) 3, the employer shall be considered to get approval for blanket application pursuant to paragraph (2) in the application of this Act and if the employer intends to cancel the blanket application, he/she shall cancel it in accordance with paragraph (3).
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Enforcement Ordinance

Enforcement Ordinance

Article 10 (Date of Termination of Insurance Relationship)

An insurance relationships shall be terminated on the date described in any of the following subparagraphs：
1. The day following the date on which the business is closed or discontinued；
2. In case an insurance contract is canceled pursuant to Article 5 (5) (including the case of mutatis mutandis application in Article 6 (4)), the day following the date on which approval for the cancelation is obtained from the Corporation；
3. In case the Corporation terminates insurance relationships pursuant to Article 5 (7), the day following the date on which the termination is decided and notified；and
4. In the case of the employer prescribed in Article 6 (3), the day following the date which marks one year since the first day of a worker’s period of unemployment (excluding those excluded from application under Article 10 and 10-2 of the Employment Insurance Act) is not employed.
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Enforcement Ordinance

Article 11 (Report of Insurance Relationship)

(1) An employer shall report the establishment or termination of an insurance relationship to the Corporation within 14 days of the establishment of the insurance relationship, if the employer automatically subscribes to insurance under Article 5 (1) or (3), and within 14 days of the termination of the insurance relationship, if the insurance relationship is terminated due to the closure, discontinuation, etc. of the business：Provided that, businesses falling under any of the following subparagraphs shall report the establishment of an insurance relationship within the times given.
1. Businesses discontinued within 14 days of the establishment of an insurance relationship：the day before the date the business is discontinued.
2. From among businesses determined by the Presidential Decree under the proviso of Article 6 of the Industrial Accident Compensation Insurance Act, businesses that are not clearly subject to the same Act when initiating business, and determined whether they are subject to the same Act on the basis of the number of ordinarily employed workers used for a specific period at the workplace concerned pursuant to the conditions prescribed by the Presidential Decree：within 14 days from the date the set period ends.
(2) An employer shall report the establishment or termination of blanket application to the Corporation within 14 days from the first day of the first business carried out if the business is subject to blanket application under Article 8 (1), and within 14 days of the termination date, if the blanket application is terminated due to the closure, discontinuation, etc. of the business.
(3) The employer of businesses subject to blanket application pursuant to Article 8 (1) and (2) shall report the start and discontinuation of each of the businesses (excluding businesses reported under paragraph (1)) to the Corporation within 14 days of its starting and discontinuation dates (Report of business discontinuation is limited to only the case of employment insurance)：Provided that in case a business is discontinued within 14 days of its starting date, the report shall be made until the day before the date of discontinuation.
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Article 12 (Report of Changes in Insurance Relationship)

If there is any change in matters prescribed by the Presidential Decree, such as the name of an employer, the location of a business, etc., an employer who has subscribed to insurance shall report the change to the Corporation within 14 days of the date of change.
[This Article Wholly Amended by Act No. 9896, Dec. 30, 2009]

Enforcement Ordinance