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Government Legislation

  • Partial amendment to the Enforcement Decree and the Enforcement Regulations of the Act on the Guarantee of Workers' Retirement Benefits
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2019-05-24
    • Opinion Submission Deadline : 2019-07-02

(1) Reasons for Proposal
The amendment aims to strengthen the protection of workers' entitlement to receive benefits by improving the early withdrawal (interim settlement) system, including setting the limit of the amount that can be withdrawn with reason to prevent the depletion of old-age income sources due to the abuse of early withdrawals (interim settlements) and by improving the financial review system, including improvements to the result notification method of the financial review of defined benefit plans.
In addition, the amendment aims to increase the efficiency of the operation of retirement pension plans by expanding the scope of work by solicitors for retirement pension plans.

 

(2) Major Provisions
A. To prevent the depletion of old-age income sources due to the abuse of early withdrawals (interim settlements), the scope of "at least six months of convalescence," which may be abused among the reasons of withdrawal, is changed to limiting as "where a pension holder has paid a certain amount of medical expenses (12.5% of total wages) for at least six months of convalescence" (Articles 3 and 14).
B. Strengthen the financial review of defined benefit plans (Articles 6, 22, 31, and 33)
(1) Make financial review results clearly be provided to workers by deleting the method of "in-house bulletin board" among methods to notify all workers when, as a result of a financial review, the reserve is less than the minimum reserve.
(2) Ensure the effectiveness of financial review by clearly setting forth the specific timing for a trustee who is not an executive secretary to provide the data "within three months after the end of each fiscal year" when the executive secretary among the retirement pension trustees performing the operation and management of the retirement pension plan requests the trustee, who is not an executive secretary, for data necessary for a financial review; also, specifying the timing for an employer to submit the data, which a retirement pension trustee needs in confirming the employer's ability to pay benefits, to the retirement pension trustee within three months after the end of each fiscal year; requiring an employer to notify other retirement pension trustees within seven days when selecting or changing an executive secretary.
C. Protect workers' entitlement to receive benefits by prohibiting interest rate differentials for all the products proposed and offered by a retirement pension trustee as well as the products of the retirement pension trustee itself when the retirement pension trustee provides a principal and income guaranteed product to an employer or a pension holder (Article 34)
D. Increase the operating efficiency of retirement pension plans by allowing solicitors for retirement pension plans to provide to retirement pension trustees the reserve managing method specified by an employer or a policy holder (including a prospective policyholder) (Articles 27 and 30)


Regulatory effect assessment
Legislative proposal (draft)
  • 190514 입법예고 공고문(근로자퇴직급여 보장법 시행령).hwp [download]