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ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF

EMPLOYMENT INSURANCE AND INDUSTRIAL ACCIDENT
[Enforcement Date 07. Jan, 2009.] [Act No.9336, 07. Jan, 2009., New Enactment]

고용노동부 (고용보험기획과)044-202-7358

법제처 국가법령정보센터
www.law.go.kr
2024.04.14
「ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF EMPLOYMENT INSURANCE AND INDUSTRIAL
ACCIDENT COMPENSATION INSURANCE CONTRACTUAL RELATIONSHIP ESTABLISHMENT」

ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF

EMPLOYMENT INSURANCE AND INDUSTRIAL ACCIDENT COMPENSATION

INSURANCE CONTRACTUAL RELATIONSHIP ESTABLISHMENT

[Enforcement Date 07. Jan, 2009.] [Act No.9336, 07. Jan, 2009., New Enactment]
고용노동부 (고용보험기획과) 044-202-7358

Article 1 (Purpose) The purpose of this Act is to contribute to protecting employees and
employers from unemployment or industrial accidents by promoting reports on insurance
contractual relationship establishment prescribed in the Act on the Collection of Insurance
Premiums, etc. for Employment Insurance and Industrial Accident Compensation Insurance
or voluntary reports on small-scale business or business places with the low ratio of
reporting on acquisition of qualifications of the insured and ensuring that obligations to
pay insurance premiums are fulfilled following subscription to insurance.
[This Act is effective until October 4, 2007, pursuant to Article 3 of the Addenda of the Act
No. 8371 (April 11, 2017)]

Article 2 (Scope of Application) This Act shall apply to a business or business place
(hereinafter referred to as "business") which was governed by Article 8 of the Employment
Insurance Act, Article 6 of the Industrial Accident Compensation Insurance Act or Article 3
of the Wage Claim Guarantee Act, respectively, employing not more than nine employees
on a regular basis before December 31, 2008.
[This Act is effective until October 4, 2007, pursuant to Article 3 of the Addenda of the Act
No. 8371 (April 11, 2017)]

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:
Amount of construction performance in the year 2008 X Ratio of labor in the year 2008
______________________________________________________________

법제처 1 국가법령정보센터
「ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF EMPLOYMENT INSURANCE AND INDUSTRIAL
ACCIDENT COMPENSATION INSURANCE CONTRACTUAL RELATIONSHIP ESTABLISHMENT」

Average monthly wages in the year 2008 in the construction business X

Number of months during which a business is in operation
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: Provided, That where a
business commences during December of 2008, the number of workers employed as of
December 31, 2008, shall be deemed the number of regular workers for the relevant
business.
(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.
[This Act is effective until December 31, 2009, pursuant to Article 2 of the Addenda of the
Act No. 9336 (April 1, 2009)]

Article 4 (Period for Special Reporting) The Minister of Labor shall determine and announce a
period for reporting (hereinafter referred to as "period for special reporting") to ensure
that a person who has failed to report insurance contractual relationship establishment
pursuant to Article 11 of the Act on the Collection of Insurance Premiums, etc. for
Employment Insurance and Industrial Accident Compensation Insurance (hereinafter
referred to as "Act on the Collection of Insurance Premiums") and a person who has failed
to report acquisition of qualifications of the insured pursuant to Article 15 of the
Employment Insurance Act, among persons governed by this Act, can perform a duty of
reporting by no later than July 31, 2009.

법제처 2 국가법령정보센터
「ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF EMPLOYMENT INSURANCE AND INDUSTRIAL
ACCIDENT COMPENSATION INSURANCE CONTRACTUAL RELATIONSHIP ESTABLISHMENT」

[This Act is effective until December 31, 2009, pursuant to Article 2 of the Addenda of the
Act No. 9336 (April 1, 2009)]

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

법제처 3 국가법령정보센터
「ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF EMPLOYMENT INSURANCE AND INDUSTRIAL
ACCIDENT COMPENSATION INSURANCE CONTRACTUAL RELATIONSHIP ESTABLISHMENT」

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) Where an employer
reports insurance contractual relationship establishment and acquisition of qualifications of
the insured during a period for special reporting and reports and pays final insurance
premiums prescribed in Article 19 of the Act on the Collection of Insurance Premiums
(hereinafter referred to as "final insurance premiums") and final charges (hereinafter
referred to as "final charges") prescribed in Article 16 of the Wage Claim Guarantee Act
from the commencement date of a period for special reporting until December 31, 2009,
by no later than March 31, 2010, it shall be deemed that he/she has performed a duty of
reporting and paying estimated insurance premiums (hereinafter referred to as "estimated
insurance premiums") prescribed in Article 17 of the Act on the Collection of Insurance
Premiums and estimated charges (hereinafter referred to as "estimated charges")
prescribed in Article 16 of the Wage Claim Guarantee Act for the same period: Provided,
That with regard to a project for which insurance contractual relationship is terminated
before December 31, 2009, where he/she reports or pays final insurance premiums and
final charges within 30 days from the date insurance contractual relationship is terminated,
it shall be deemed that he/she has performed a duty of reporting and paying estimated
insurance premiums and estimated charges for the same period.

법제처 4 국가법령정보센터
「ACT ON SPECIAL MEASURES FOR PROMOTION OF REPORTING OF EMPLOYMENT INSURANCE AND INDUSTRIAL
ACCIDENT COMPENSATION INSURANCE CONTRACTUAL RELATIONSHIP ESTABLISHMENT」

Article 8 (Adjustment with Exemption from Collection under other Acts) @Article 22-3 of the
Act on the Collection of Insurance Premiums shall not apply to a person exempted from
collection of insurance premiums, etc., under this Act; and this Act shall not apply to a
person partially exempted from insurance premiums, etc. pursuant to Article 22-3 of the
aforementioned Act.

Article 9 (Exclusion of Unfaithful Reports in Exemption from Collection) No person who has
made a fraudulent report on facts which serve as the basis of calculation of insurance
premiums, such as the number of persons who shall report on acquisition of qualifications
of the insured, or has submitted false documents shall be exempt from collection of
premiums, etc. prescribed in Article 5.

법제처 5 국가법령정보센터