Article 23(Request for cooperation from relevant agencies) #
(1) The Minister of Employment and Labor may request any of the following persons to provide the following data or permit access to the relevant computer network (hereinafter referred to as "provision of data, etc.") to perform duties provided in this Act, such as the provision of substitute payments under Article 7 or 7-2, the provision of loans for overdue wages and living expenses under Article 7-3, the subrogation of claims for unpaid wages, etc. under Article 8, the verification of overdue wages, etc. under Article 12, and the restitution of unjust enrichment under Article 14. In such cases, any person who receives a request for the provision of data, etc. shall comply with such request unless there is good cause: <Amended on Jun. 4, 2010; Jan. 27, 2016; Jul. 26, 2017; Oct. 16, 2018; May 26, 2020; Dec. 8, 2020; Apr. 13, 2021; Feb. 6, 2024>
1. Request to the Minister of National Court Administration for the provision of materials related to a certificate of building registration, a certificate of land registration, and a certificate of corporate registration involving the property of an employer in arrears, a person who has made unjust enrichment, and a person who has joint and several liability therefor (hereinafter referred to as "employer in arrears, etc."), and the deposited property transferred pursuant to article 4 of the Deposit Act;
2. Request to the Minister of the Interior and Safety for the provision of certified copies of or extracts from the resident registration certificate of an employer, etc. in arrears;
3. Request to the Minister of Land, Infrastructure and Transport for the provision of materials (including original registers) related to property held in the name of an employer, etc. in arrears, including real estate, automobiles, construction machinery, aircraft and yachts;
3-2. Request to the Minister of Oceans and Fisheries for the provision of materials (including original registers) related to ships in the name of an employer, etc. in arrears;
3-3. Request to the head of a relevant central administrative agency or the head of a mutual aid association under its supervision for the provision of materials related to investment certificates in the name of an employer in arrears, etc.;
4. Request to the Commissioner of the National Tax Service for the provision of materials related to golf (condominium), intangible property rights (patent rights, copyrights, etc.), books, paintings, antiques, goodwill, and business registration (referring to business registration under Article 8 of the Value-Added Tax Act, Article 168 of the Income Tax Act, and Article 111 of the Corporate Tax Act) in the name of an employer, etc. in arrears;
5. Request to the head of a local government for the provision of materials related to family relationship registers (family relationship certificates, marital relationship certificates and identification certificates), local tax certificates levied on property, general (collective) building registers, land (forest land) cadastre of an employer, etc. in arrears and materials related to registration and license taxes levied on registration of rights and registration of leasehold rights, rights to lease on a deposit basis, provisional seizure, etc. in the name of an employer, etc. in arrears;
6. Request to the President of the Korea Legal Aid Corporation established under Article 8 of the Legal Aid Act for the provision of documents related to civil proceedings (including complaints, applications, judgments, and decisions) between an employee and an employer, etc. in arrears, such as lawsuits related to overdue wages, etc., preservation dispositions, compulsory execution, and so forth;
7. Request to the President of the National Health Insurance Service under Article 13 of the National Health Insurance Act for the provision of materials related to the payment of insurance premiums provided in the National Health Insurance, National Pension, Industrial Accident Compensation Insurance, and Employment Insurance (including data on default in the payment of insurance premiums) of an employer, etc. in arrears and the amount of health care benefits claimed by a health care institution that is an employer, etc. in arrears pursuant to Article 47 of the National Health Insurance Act;
7-2. Requests to the President of the National Health Insurance Service under Article 10 of the Industrial Accident Compensation Insurance Act for the provision of the following data regarding employers in arrears and employees claiming substitute payments:
(a) Data on the acquisition of insured status under Article 13 of the Employment Insurance Act;
(b) Data on reporting the insured status under Article 15 of the Employment Insurance Act;
(c) Data on the formation and termination of the employment insurance relationship and industrial accident compensation insurance relationship under Articles 7 and 10 of the Employment and Industrial Accident Insurance Premium Collection Act (including the address and telephone number of the employers, etc. in arrears);
(d) Data on the calculation of monthly insurance premiums for each employee under Article 16-3 of the Employment and Industrial Accident Insurance Premium Collection Act;
(e) Data on reporting the employment of, and termination of employment relationship with, employees under Article 16-10 (3) and (4) of the Employment and Industrial Accident Insurance Premium Collection Act;
(f) Data on the allocation and refund of the overpaid insurance premiums, etc. under Article 23 of the Employment and Industrial Accident Insurance Premium Collection Act;
(g) Data on medical expenses claimed under Article 45 of the Industrial Accident Compensation Insurance Act (limited to cases where employers in arrears are medical institutions designated as industrial accident insurance medical institutions referred to in Article 43 of the Industrial Accident Compensation Insurance Act);
(h) Data on the SME retirement pension fund plan (limited to the period subject to substitute payments), such as whether the entity has joined the SME retirement pension fund plan as defined in subparagraph 14 of Article 2 of the Act on the Guarantee of Employees' Retirement Benefits, the period of contribution, the amount of reserves or contributions, and the amount paid;
7-3. The following data on employers in arrears, etc. and employees claiming substitute payments to the Korea Employment Information Service under Article 18 of the Framework Act on Employment Policy:
(a) Data on support under Articles 20 through 23 of the Employment Insurance Act;
(b) Data on the reporting and recognition of unemployment under 42 and 44 of the Employment Insurance Act;
(c) Data on maternity leave benefits, etc. under Article 75 of the Employment Insurance Act;
8. Request to retirement pension trustees under Article 26 of the Act on the Guarantee of Employees' Retirement Benefits for the provision of materials concerning retirement pensions, including whether an employee claiming a substitute payment has joined a retirement pension plan, the contribution period, the amount of reserve or contributions and the amount of payment (limited to a period subject to a substitute payment);
9. Request to insurance companies under the Insurance Business Act for the provision of materials related to the purchase of or enrollment in an insurance policy or trust for departure guaranty or a guaranty insurance by a foreign employee claiming a substitute payment and the payment records (limited to information covered by a period subject to a substitute payment);
10. Request to the Chairperson of the Korea Credit Guarantee Fund under Article 4 of the Credit Guarantee Fund Act and to the Chairperson of the Korea Technology Finance Corporation under Article 12 of the Korea Technology Finance Corporation Act for the provision of materials related to the establishment of security and collateral security in the name of an employer, etc. in arrears;
11. Request to persons who have obtained permission for surety insurance pursuant to Article 4 (1) 2 (d) of the Insurance Business Act for the provision of materials related to the establishment of security and collateral security in the name of an employer, etc. in arrears.
12. Request to the Administrator of the Public Procurement Service for information related to contracts involving employers, etc. in arrears managed pursuant to Article 16 (1) of the Electronic Procurement Utilization and Promotion Act.
(2) A request for the provision of data, etc. under paragraph (1) shall be made in writing or through information and communications networks (referring to information and communications network defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection), stating the following matters: <Amended on Jan. 27, 2016; Apr. 13, 2021>
1. Personal information of an employer in arrears, an employee claiming a substitute payment, and a person who has made unjust enrichment (including a person who has joint and several liability therefor);
2. Purpose of use;
3. List of materials requested for provision.
(3) Fees, usage charges, etc. shall be exempted for materials provided pursuant to paragraph (1). <Added on Jan. 27, 2016>
[This Article Wholly Amended on Dec. 27, 2007]
[Moved from Article 319-2; previous Article 23 moved to Article 27 <Dec. 27, 2007>]