Act No. 9336, Jan. 7, 2009
| Article 1 (Purpose) |
| Article 2 (Scope of Application) |
| Article 3 (Calculation, etc. of the Number of Regular Workers) |
| (1) | Methods for calculating the number of regular workers prescribed in Article 2 shall be classified as follows: |
| 1. | Business where it is impracticable to check the number of regular workers, among construction businesses: Number calculated according to the following formula: |
| 2. | Business, other than businesses prescribed in subparagraph 1: The number obtained after dividing the total number of workers employed as of the last day of each month of the year 2008 (each month from the month to which the date when a business commences belongs, when a business commences after February 1, 2008) by the number of months of the year 2008 during which employees work: |
| (2) | The term "construction business" prescribed in paragraph (1) 1 means the construction business in the Korean Standard Industrial Classification Table notified by the Commissioner of the Statistics Korea according to the Statistics Act; the term "amount of construction work" means the amount obtained by subtracting the amount of construction which is legally subcontracted pursuant to the Framework Act on the Construction Industry or other Acts or subordinate statutes from the total amount of construction work (referring to the total amount of construction work in the year 2008); and the term "average monthly wage in the construction industry" means the average wage calculated and publicly announced by the Minister of Labor, based on the wages in the construction industry in the survey on business wages and working hours prepared by the Minister of Labor, among the designated statistics prescribed in Article 3 of the Statistics Act. |
| Article 4 (Period for Special Reporting) |
| Article 5 (Reports on Insurance Contractual Relationship Establishment) |
| (1) | Where an employer reports insurance contractual relationship established pursuant to Article 7 of the Act on the Collection of Insurance Premiums (hereinafter referred to as "reports on insurance contractual relationship establishment") during a period for special reporting, reports qualifications of the insured acquired pursuant to Article 13 of the Employment Insurance Act by no later than the 15th day of the month following the month to which the date insurance contractual relationship establishment is reported belongs (hereinafter referred to as "reports on acquisition of qualifications of the insured") and then reports and pays final insurance premiums and final charges prescribed in Article 7, the following insurance premiums, charges, additional dues or arrears for insurance premiums and charges, or administrative fines (hereinafter referred to as "insurance premiums, etc.") shall not be collected during a period before the commencement date of a period for special reporting: |
| 1. | Insurance premiums prescribed in Article 13 (1) 1 and 2 of the Act on the Collection of Insurance Premiums and additional dues or arrears prescribed in Articles 24 and 25 of the Act; |
| 2. | Charges prescribed in Article 9 of the Wage Claim Guarantee Act and additional dues or arrears prescribed in Article 16 of the Act; |
| 3. | Administrative fines prescribed in Article 117 (1) 1 of the Employment Insurance Act or Article 50 (1) 1 of the Act on the Collection of Insurance Premiums. |
| (2) | Where an employer who has reported insurance contractual relationship establishment before a period for special reporting but has failed to report acquisition of qualifications of the insured for all or some of the workers employed, reports acquisition of qualifications of the insured for the relevant worker during a special period for reporting, insurance premiums, etc. for a reported worker before the commencement date of a period for special reporting shall not be collected. |
| Article 6 (Restrictions, etc. on Support Following Exemption from Collection of Insurance Premiums, etc.) |
| (1) | No support shall be given to the relevant employer, such as projects for employment stabilization or vocational ability development prescribed in Chapter III of the Employment Insurance Act (from Articles 19 through 36) for a period for exemption from collection of insurance premiums, etc. pursuant to Article 5; and no funds for returning to work, training expenses for adaptation to jobs, or medical exercise expenses pursuant to Article 75 of the Industrial Accident Compensation Insurance Act shall be paid. |
| (2) | Qualifications of the insured are not recognized when applying the provisions of Chapter IV (from Articles 37 through 69) and Chapter V (from Articles 70 through 77) to the relevant worker for a period for exemption from collection of insurance premiums of unemployment benefits prescribed in Article 13 (1) 1 of the Act on the Collection of Insurance Premiums pursuant to Article 5: Provided, that where the relevant worker has paid all the insurance premiums (limited to insurance premiums paid by workers pursuant to Article 13 (2) of the Act on the Collection of Insurance Premiums) of unemployment benefits for a period during which the relevant worker is employed for the relevant business within three years before the commencement date of a period for special reporting by no later than December 31, 2009, it shall be deemed that the relevant workers have acquired qualifications of the insured on the first day of the payment period. |
| Article 7 (Special Cases on Reports and Payment of Insurance Premiums) |
| Article 8 (Adjustment with Exemption from Collection under other Acts) |
| Article 9 (Exclusion of Unfaithful Reports in Exemption from Collection) |
| (1) | This Act shall be effective until December 31, 2009: |
| (2) | Notwithstanding the main sentence of paragraph (1), justifiable rights and obligations generated for the relevant employer and worker as at the time an effective period of this Act elapses, are not terminated due to the lapse of an effective period of this Act. |