Any person who hires even a single worker is obliged to subscribe to the 4 major public insurances.
Obligation to subscribe to 4 major public insurances
- “Four major public insurance” include national pension, national health insurance, industrial accident compensation insurance, and employment insurance, and business establishments that employee workers shall subscribe to 4 major public insurances (Article 8 of the National Pension Act, main text of Article 6(2) of the National Health Insurance Act, Article 8 of the Employment Insurance Act and Article 6 of the Industrial Accident Compensation Act).
- A worker whose contractual monthly working hours in the business are less than 60 hours or whose standard weekly working hours are less than 15 hours is not required to be subscribed to the 4 major public insurances. However, workers or daily workers who work continuously for more than 3 months in a business are subject to the Employment Insurance Act, and it is recommended to check with the authorities after hiring an employee (Article 10(1)2 of the Employment Insurance Act and Article 3(1) and 3(2) of the Enforcement Decree of the Employment Insurance Act).
National pension
- An employee or employer above the ages of 18 and under 60 in any of the workplaces (hereinafter referred to as “mandatorily applicable workplace”) shall become workplace-based insured as a matter of course (Main body of Article 8(1) of the National Pension Act and Article 19(1) of the Enforcement Decree of the National Pension Act).
· A workplace employing at least 1 employee
· A workplace of a foreign institution located in the Republic of Korea, which employs at least 1 national of the Republic of Korea
- Operator’s reporting
· An employer shall submit the following documents to the National Pension Service until 15th day of the month he/she became a mandatory applicable workplace (Article21(1) of the National Pension Act and Article 3 of the Enforcement Regulations of the National Pension Act).
√ Report on falling under a mandatory applicable workplace (Attached Form of the Enforcement Regulations of the National Pension Act)
√ A copy of bankbook (applicable only if you are applying for an automatic transfer)
√ A copy of business license (the National Pension Service verifies the business license and corporation registration certificate through joint use of administrative information pursuant to the Electronic Government Act, and this is required only if the applicant does not agree to such verification)
National health insurance
- All workers of workplaces excluding those who are hired for a period of less than a month shall become the employee insured (Subparagraph 1 of Article 6(2) of the National Health Insurance Act).
- Reporting of business establishment
· An employer whose workplace becomes a workplace of eligible persons shall submit the following documents within 14 days of such date to the National Heal Insurance Service (Subparagraph 1 of Article 7 of the National Health Insurance Act and Article 3(1) and Article 4(2) of the Enforcement Regulations of the National Health Insurance Act).
√ Report on falling under a workplace (organization) of eligible persons (Attached Form 2 of the 「Enforcement Regulations of the National Health Insurance Act」)
√ A copy of bankbook (applicable only if you are applying for an automatic transfer)
√ Report on the eligibility for workplace subscriber (Attached Form 6 of the 「Enforcement Regulations of the National Health Insurance Act」)
√ A copy of business license (required only if the applicant does not agree that the National Pension Service verifies the business license and corporation registration certificate through joint use of administrative information pursuant to the Electronic Government Act)
Employment insurance and industrial accident compensation insurance
- Employment insurance
· An employer and worker (except for exempted worker under Articles 10 and 10-2 of the Employment Insurance Act) who are subject to the Employment Insurance Act」 shall be subscribed to the employment insurance as a matter of course (Article 5-(1) of the Act on the Collection of Insurance Premiums, Etc. For Employment Insurance and Industrial Accident Compensation Insurance).
- Industrial accident compensation insurance
· An operator of a business that is subject to the Industrial Accident Compensation Insurance Act shall be subscribed to the industrial accident compensation insurance as a matter of course (Article 5(3) of the Act on the Collection of Insurance Premiums, Etc. For Employment Insurance and Industrial Accident Compensation Insurance).
- Reporting of business operator
· A business owner shall report the formation of an insurance relationship to COMWEL with the following documents within 14 days from the date the insurance relationship is formed if he/she becomes an insurance policyholder automatically pursuant to the Employment Insurance Act or the Industrial Accident Compensation Insurance Act within 14 days from the date the insurance relationship is formed (Main body of Article 1(1) of the Act on the Collection of Insurance Premiums, Etc. For Employment Insurance and Industrial Accident Compensation Insurance).
√ A report on the formation of insurance relationship (Article 7(1) and Attached Form 2 of the Enforcement Regulations of the Act on the Collection of Insurance Premiums, Etc. For Employment Insurance and Industrial Accident Compensation Insurance)
√ A report on the entitlement to subscribe to the employment insurance and a report on employment subject to the industrial accident compensation insurance (Article 16-6 and Attached Form 22-5 of the Enforcement Regulations of the Act on the Collection of Insurance Premiums, Etc. For Employment Insurance and Industrial Accident Compensation Insurance)
A self-employed person may subscribe to an employment insurance for him/herself.
A special case for self-employed persons subscribing to an employment insurance policy
- A business owner employing no employee or less than 50 employees who is a self-employed person meeting the requirements prescribed by the Presidential Decree may construe himself/herself as an employee and purchase an employment insurance policy with approval from COMWEL (Article 49-2(1) of the Act on the Collection of Insurance Premiums, Etc. for Employment Insurance and Industrial Accident Compensation Insurance and Article 56-18 of the Enforcement Decree of the Act on the Collection of Insurance Premiums, Etc. for Employment Insurance and Industrial Accident Compensation Insurance).
· At the time of applying for thepurchase of an employment insurance policy, the applicant shallfall under any of the following:
√ If theself-employed person is registered as a business operator in accordance withArticle 168(1) ofthe Income Tax Act or Article 8 of the Value-Added Tax Act and conducts thebusiness.
√ If the applicant has been granted a unique identifierunder Article 168 (1) of the Income Tax Act and conducts the business, and ifhe/she engages in the business announced by the Minister of Employment andLabor, by means such as running a home daycare center under subparagraph 5 ofArticle 10 of the Child Care Act.
· The self-employed person has not received job-seeking benefits under Article 69-3 of the Employment Insurance Act within 2 years before the date of application for the purchase of an employment insurance policy.
· The relevant self-employed person must not engage in any of the following types of business
√ An agricultural business, a forestry business, and a fishery business run by any person, other than a juristic person, with not more than 4 full-time employees (Subparagraph 1 of Article 2(1) of the Enforcement Decree of the Employment Insurance Act)
√ A project for which the total construction costs do not exceed KRW 20 million (Subparagraph 2(a) of Article 2(1)of the Enforcement Decree of the Employment Insurance Act)
√ A project for construction of a building with a total floor area of not more than 100 square meters or substantial repair of a building with a total floor area of not more than 200 square meters (Subparagraph 2(b) of Article 2(1) of the Enforcement Decree of the Employment Insurance Act)
√ Employment activity of households and other unclassified self-consumption and self-production (Subparagraph 3 of Article 2(1) of the Enforcement Decree of the Employment Insurance Act)
√ Real estate leasing business (based on the subdivision of the Korea Standard Industrial Classification)
Can a self-employed person subscribe to the employment insurance policy
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(Question) I would like to be self-employed after retirement. I would like to subscribe to an employment insurance in case the self-employment does not work out well. Am I allowed to do that? (Answer) Yes, you are. COMWELL allows a business owner employing ① no employee or ② less than 50 employees to subscribe to an employment insurance policy so as to provide support for the stable living of self-employed persons. A self-employed person who wishes to subscribe to an employment insurance must sign up within 6 months of the date of business registration, and if he/she pays premiums for at least 1 year, he/she will be eligible for unemployment benefits after he/she closes his/her businesses for inevitable reasons such as decreased sales, sustained deficits or natural disasters. Insurance premiums are the standard remuneration × insurance premium rate for self-employed persons, which allow them to choose from standard remunerations provided by the Ministry of Employment and Labor in consideration of the characteristics of the self-employed persons with irregular incomes. Unemployment benefits are available for up to 50% of the selected standard remuneration. The period of receiving the unemployment benefit depends on the length of employment insurance policy, which is ① 90 days for a period that is longer than 1 year and less than 3 years, ② 120 days for a period that is longer than 3 years and less than 5 years, ③ 150 days for a period that is longer than 5 years and less than 10 years, and ④ 180 days for a period that is longer than 10 years. < Employment Insurance Internet Service (www.ei.go.kr) - Employment Insurance Information – Employment Insurance for the Self-employed >
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