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National Assembly Legislation

  • Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2018-11-26
    • Opinion Submission Deadline : 2018-12-10
Reasons for Proposal

Currently, persons in special types of employment and artists are exposed to the risk of unemployment, and thus they critically need social and economic protection. However, they are not eligible for employment insurance because there is no separate provision for them in the Employment Insurance Act. Accordingly, the amendment aims to protect persons in special types of employment and artists by applying employment insurance to them so that they are able to secure their lives and be re-employed early if they are unemployed, and to collect the employment insurance premiums by accordingly revising the Act on the Collection of Insurance Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance.

Details

A. Require persons in special types of employment and artists who are subject to the Employment Insurance Act to obligatorily join the employment insurance, and impose business owners and labor-providing platform business owners the duty to report insurance relations (Article 5, Article 11, and Article 11-2 newly inserted)

B. Stipulate the matters on the liable subject for insurance premiums, burden rate, monthly premium calculation, calculation on a daily basis of premiums, withholding deduction of premiums, premium assistance, etc. related to the application of employment insurance for persons in special types of employment and artists (Article 13, Article 16, Article 16-3, Article 16-4 deleted, Article 16-6, Article 16-9, Article 16-10, and Article 21)

C. Improve the provisions according to the abolition of the estimated insurance premium reporting system of construction business, etc. and the application of employment insurance for any other persons in special types of employment and artists (Article 2 2-2 to 2-6 newly inserted and 3, Article 5 to Article 7, Article 10, Article 12, Article 17, Article 19, Article 19-2, Article 33, Article 40, Article 44, Article 45, Article 47, Article 49, Article 49-2, and Article 49-4)

References

This legislative bill is subject to the resolution of the partial revision to the Employment Insurance Act (Bill No. 16373), which was proposed by Han Jeoung-ae, Member of Parliament, and thus, if the legislative bill is not passed or is amended, it should be adjusted accordingly.

Major Provisions

Article 11 (Report of labor-providing platform business owner) (1) If a labor-providing platform business owner has entered into a contract for the business subject to the Employment Insurance Act and the use of the labor-providing platform, he/she shall report to the National Health Insurance Corporation about the matters such as labor-providing platform business, etc. prescribed by Ordinance of the Ministry of Employment and Labor within 14 days from the date of contract.
(2) If the labor-providing platform business owner reporting under Paragraph 1 has entered into or terminated a contract for the business subject to the Employment Insurance Act and the use of the labor-providing platform, he/she shall report the commencement or termination of the contract to the National Health Insurance Corporation within 14 days form the commencement or termination of the contract.

Article 28-8 (Proof of insurance) (1) If an insured person under Article 5 Paragraphs 1 and 3 receives considerations according to contracts such as construction, manufacturing, and purchasing from the State, local governments or public institutions (hereinafter referred to as "public institution" in this Article) under Article 4 of the Act on the Management of Public Institutions, he/she shall prove the fact insured pursuant to Article 2 (1).


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