ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT
Wholly Amended by Presidential Decree No. 20330, Oct. 17, 2007
Amended by Presidential Decree No. 20331, Oct. 23, 2007
Presidential Decree No. 20681, Feb. 29, 2008
Presidential Decree No. 20775, Apr. 30, 2008
Presidential Decree No. 20799, jun. 5, 2008
Presidential Decree No. 20875, jun. 25, 2008
Presidential Decree No. 20947, Jul. 29, 2008
Presidential Decree No. 21015, Sep. 18, 2008
Presidential Decree No. 21152, Dec. 3, 2008
Presidential Decree No. 21230, Dec. 31, 2008
Presidential Decree No. 21263, Jan. 14, 2009
Presidential Decree No. 21348, Mar. 12, 2009
Presidential Decree No. 21510, May 28, 2009
Presidential Decree No. 21590, jun. 30, 2009
Presidential Decree No. 21626, Jul. 7, 2009
Presidential Decree No. 21928, Dec. 30, 2009
Presidential Decree No. 21962, Dec. 31, 2009
Presidential Decree No. 22026, Feb. 8, 2010
Presidential Decree No. 22269, Jul. 12, 2010
Presidential Decree No. 22356, Aug. 25, 2010
Presidential Decree No. 22493, Nov. 15, 2010
Presidential Decree No. 22603, Dec. 31, 2010
Presidential Decree No. 23139, Sep. 15, 2011
Presidential Decree No. 23274, Nov. 1, 2011
Presidential Decree No. 23356, Dec. 8, 2011
Presidential Decree No. 23467, Dec. 30, 2011
Presidential Decree No. 23496, Jan. 6, 2012
Presidential Decree No. 23513, Jan. 13, 2012
Presidential Decree No. 23946, Jul. 10, 2012
Presidential Decree No. 24155, Oct. 29, 2012
Presidential Decree No. 24333, Jan. 25, 2013
Presidential Decree No. 24514, Apr. 22, 2013
Presidential Decree No. 24682, Aug. 6, 2013
Presidential Decree No. 24852, Nov. 20, 2013
Presidential Decree No. 25022, Dec. 24, 2013
Presidential Decree No. 25388, jun. 17, 2014
Presidential Decree No. 25645, Sep. 30, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25955, Dec. 31, 2014
Presidential Decree No. 26208, Apr. 20, 2015
Presidential Decree No. 26368, jun. 30, 2015
Presidential Decree No. 26496, Aug. 19, 2015
Presidential Decree No. 26690, Dec. 4, 2015
Presidential Decree No. 26844, Dec. 31, 2015
Presidential Decree No. 27352, Jul. 19, 2016
Presidential Decree No. 27445, Aug. 12, 2016
Presidential Decree No. 27549, Oct. 18, 2016
Presidential Decree No. 27556, Oct. 25, 2016
Presidential Decree No. 27738, Dec. 30, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 27966, Mar. 27, 2017
Presidential Decree No. 28160, jun. 27, 2017
Presidential Decree No. 28256, Aug. 29, 2017
Presidential Decree No. 28469, Dec. 12, 2017
Presidential Decree No. 28504, Dec. 26, 2017
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters delegated by the Employment Insurance Act and those necessary for the enforcement thereof.
| Article 1-2 (Money and Valuables Excluded from Remuneration) |
[This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010]
| Article 1-3 (Composition of Employment Insurance Committee) |
| (1) | Persons who represent employees and employers referred to in Article 7 (4) 1 and 2 of the Act shall be commissioned by the Minister of Employment and Labor from among those recommended by a national labor union and a nation-wide employers’ association, respectively. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| (2) | Persons who represent the public interest prescribed in Article 7 (4) 3 of the Act shall be commissioned by the Minister of Employment and Labor from among those with sufficient knowledge and experience in employment insurance and the overall field of employment and labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Persons who represent the Government prescribed in Article 7 (4) 4 of the Act shall be appointed by the Minister of Employment and Labor from among the public officials belonging to the Senior Executive Service in the central administrative agency related with employment insurance. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-4 (Term of Office, etc. of Members) |
| (1) | The term of office of commissioned members specified in Article 7 (4) 1 through 3 of the Act shall be two years: Provided, That the term of office of supplementary members shall be the remainder of their predecessors’ term of office. <Amended by Presidential Decree No. 26844, Dec. 31, 2015> |
| (2) | Where the member commissioned pursuant to Article 1-3 (1) and (2) falls under any of the following, the Minister of Employment and Labor may dismiss the relevant member: <Newly Inserted by Presidential Decree No. 26844, Dec. 31, 2015> |
| 1. | Where he/she is unable to perform his/her duties due to mental disorder; |
| 2. | Where there is a misdeed relevant to his/her duties; |
| 3. | Where he/she is deemed inappropriate to be a member due to neglect of duties, injury to dignity, or other causes; |
| 4. | Where the member expresses his/her intention that it is difficult to perform his/her duties. |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-5 (Duties of Chairperson) |
| (1) | The Chairperson of the Employment Insurance Committee prescribed in Article 7 of the Act (hereinafter referred to as the "Committee") shall represent the Committee and exercise general supervision over the affairs of the Committee. |
| (2) | If the Chairperson is not able to perform his/her duties due to any unavoidable cause, a member designated in advance by the Chairperson shall act on behalf of the Chairperson. |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| (1) | The Chairperson shall convene and preside over meetings of the Committee. |
| (2) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-7 (Specialized Committees) |
| (1) | The Specialized Committee for Employment Insurance Operation and the Specialized Committee for Employment Insurance Assessment (hereinafter referred to as the "Specialized Committees") shall be established under Article 7 (5) of the Act. |
| (2) | Each Specialized Committee shall be comprised of not more than 15 members, including one Chairperson. |
| (3) | The Chairperson of the Committee shall appoint or commission the Chairperson of a Specialized Committee, from among members of the Committee, and appoint or commission members of a Specialized Committee from any of the following persons: |
| 1. | Persons with knowledge and experience in social insurance, such as employment insurance, who are recommended by the labor unions at a national level or employers’ associations at a national level; |
| 2. | Persons with sufficient knowledge and experience in social insurance, such as employment insurance; |
| 3. | Public officials in Grade III or Grade IV in the central administrative agency related to employment insurance. |
| (4) | The Chairpersons of the Specialized Committees shall file reports to the Committee concerning the results of review and coordination of matters deliberated upon by the Specialized Committees, pursuant to Article 7 (5) of the Act. |
| (5) | Articles 1-4 through 1-6 shall apply mutatis mutandis to the Specialized Committees. In such cases, “Article 7 (4) 1 through 3 of the Act” shall be deemed “Article 1-7 (3) 1 and 2”; “the Minister of Employment and Labor” shall be deemed “the Chairperson of the Committee”; and “Article 1-3 (1) and (2)” shall be deemed “Article 1-7 (3) 1 and 2.” <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 26844, Dec. 31, 2015> |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-8 (Members in Charge of Surveys and Research) |
| (1) | In order to conduct surveys and research on specialized matters concerning employment insurance, the committee may have not more than 5 members in charge of surveys and research. |
| (2) | Surveys and research members shall be commissioned by the Chairperson of the Committee from those with sufficient knowledge and experience in employment insurance. |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-9 (Requests for Cooperation) |
Where deemed necessary for deliberation of agenda items, the Committee or the Specialized Committees (hereinafter referred to as the "Committee, etc.") may hear opinions by requesting relevant administrative agencies or organizations to submit documents or having related persons, such as relevant public officials or specialists, make attendance to state their opinions.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
The Committee, etc. shall each have one secretary, who shall be appointed by the Chairperson of the Committee from among public officials of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-11 (Allowances of Members) |
Allowances and travel expenses may be reimbursed within the budget for members who appear at meetings of the Committee, etc. or submit review comments on the agenda items: Provided, That no allowances and travel expenses shall be reimbursed for members who are public officials directly related to the relevant affairs.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 1-12 (Detailed Rules of Operation) |
Matters necessary for the operation of the Committee, etc., except as provided in this Decree, shall be determined by the Chairperson of the Committee, subject to the resolution by the Committee.
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 2 (Scope of Application) |
| (1) | "Types of employing units prescribed by Presidential Decree" in the proviso to Article 8 of the Act means any of the following business: <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 26368, Jun. 30, 2015> |
| 1. | An agricultural business, a forestry business, and a fishery business run by any person, other than a juristic person, with not more than four full-time employees; |
| 2. | Any of the following projects: Provided, That any project performed by any person who falls under the subparagraphs of Article 15 (2) of the Act shall be excluded herefrom: |
| (b) | 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; |
| 3. | Employment activity of households and other unclassified self-consumption and self-production. |
| (2) | The scope of business falling under any of the subparagraphs of paragraph (1) shall be as prescribed in the standard classification of industries as publicly notified by the Commissioner of the Statistics Korea pursuant to Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Industrial Classification Table"), except as otherwise provided in the Act or this Decree. |
| Article 3 (Workers Exempt from Application) |
| (1) | "Person whose contractual working hours are shorter than the minimum number of hours prescribed by Presidential Decree" in subparagraph 2 of Article 10 of the Act means a person whose contractual monthly working hours are less than 60 hours (including a person whose contractual weekly working hours are less than 15 hours): Provided, That any person who provides his/her services for living continuously for three months or longer or a daily worker defined in subparagraph 6 of Article 2 of the Act (hereinafter referred to as "daily worker") shall be excluded herefrom. |
| (2) | "Any other person prescribed by Presidential Decree" in subparagraph 5 of Article 10 of the Act means each of the following persons: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23274, Nov. 1, 2011> |
| 1. | A foreign worker: Provided, That any of the following persons shall be excluded herefrom: |
| (a) | A person who holds the status of stay for intra-company transfer (D-7), corporate investment (D-8), or trade/management (D-9) (except where the laws of a foreigner's home country, which are relevant to premiums and benefits of insurance equivalent to the employment insurance under the Act, are not applicable to nationals of the Republic of Korea) among the status of stay granted to foreigners as provided in Article 12 of the Enforcement Decree of the Immigration Act; |
| (d) | A person who holds the status of stay as an overseas Korean (F-4) among the status of stay granted to foreigners as provided in Article 12 of the Enforcement Decree of the Immigration Act (limited to a person who has applied for the purchase of insurance as prescribed by Ordinance of the Ministry of Employment and Labor); |
| Article 3-2 (Purchase of Insurance by Public Officials in Extraordinary Civil Service or Fixed-Term Position) |
| (1) | The head of an administrative agency (hereinafter referred to as "competent agency") who appoints any public official in extraordinary civil service or in a fixed-term position (hereinafter referred to as "public official who qualifies for subscription") shall, without delay, confirm the intention of the public official who qualifies for purchase pursuant to the proviso to subparagraph 3 of Article 10 of the Act when the public official who qualifies for purchase is first appointed to the relevant competent agency. <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 24852, Nov. 20, 2013> |
| (2) | The head of a competent agency shall apply for purchase of employment insurance on behalf of a public official who qualifies for such purchase after confirming his/her intention to apply for insurance purchase pursuant to paragraph (1) with the Minister of Employment and Labor within three months from the date of his/her appointment: Provided, That the relevant public official who qualifies for purchase may directly apply for purchase during the same period if such public official intends to do so, and in such cases, the head of the competent employment security office shall give notice of such application for purchase to the head of the competent agency. <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 27549, Oct. 18, 2016> |
| (3) | Where any application for purchase is filed pursuant to paragraph (1) or (2), the public official who qualifies for purchase is deemed to have obtained insured status on the day immediately following the date of application. In such cases, if the public official who has obtained insured status is appointed as a public official in other extraordinary civil service or fixed-term position following the change of his/her official status, he/she shall maintain his/her insured status, even if he/she has not applied for additional purchase, separately. <Amended by Presidential Decree No. 24852, Nov. 20, 2013> |
| (4) | Where a public official who purchased employment insurance intends to withdraw from the employment insurance policy, the public official shall apply for withdrawal to the Minister of Employment and Labor. In such cases, he/she is deemed to lose his/her insured status on the day immediately following the date of application for withdrawal. <Amended by Presidential Decree No. 27549, Oct. 18, 2016> |
| (5) | A public official who continues to serve as a public official who qualifies for purchase shall be disqualified from buying employment insurance plans once he/she withdraws from such insurance under paragraph (4), and his/her eligibility for benefits shall not be recognized: Provided, That where a public official who withdrew from insurance re-obtains insured status as prescribed in the Act and this Decree after he/she has been severed from employment as a public official who qualifies for purchase (including cases where he/she has been appointed as a public official, other than a public official who qualifies for purchase), if the qualifying days in covered employment is calculated under Article 40 (1) 1 of the Act, the number of days in covered employment for which remuneration is paid under Article 41 (1) of the Act, among the previous insured period in service as a public official who qualifies for purchase, shall be summed up, and if an insured period is calculated under Article 50 of the Act, the previous insured period prior to withdrawal shall be counted towards the insured period for calculation prescribed by the same Article. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (7) | Procedures for subscription to and withdrawal from insurance referred to in paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21015, Sep. 18, 2008]
| (1) | A business owner may appoint an agent to delegate him/her the power to carry out the matters set forth in the Act and this Decree on behalf of the business owner. |
| (2) | A business owner shall, after appointing or dismissing his/her agent, report such fact to the Minister of Employment and Labor, as prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 5 (Management, etc. of Employment Insurance Statistics) |
| (1) | The Minister of Employment and Labor shall systematically control and manage the employment insurance statistics created through surveys and research prescribed in Article 11 of the Act and the management of the employment insurance (hereafter referred to as "employment insurance statistics" in this Article). <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The Minister of Employment and Labor may hire experts on employment insurance statistics in order to systematically control and manage employment insurance statistics. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Necessary matters concerning the qualification for, service and remuneration of experts on employment insurance statistics shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 6 (Execution of Projects on Behalf of Minister of Employment and Labor) |
| (1) | The Minister of Employment and Labor may authorize the following institutions or organizations to carry out a project for research on the labor market or a project for surveys and research required for supporting business affairs related to employment insurance (hereinafter referred to as "insurance") on his/her behalf pursuant to Article 11 (2) of the Act: <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 24333, Jan. 25, 2013> |
| 4. | Other private research institutes that can conduct surveys and research on the labor market, vocation, vocational education and training, and business affairs related to insurance. |
| (2) | When he/she authorizes an institution to carry out business affairs on his/her behalf pursuant to paragraph (1), the Minister of Employment and Labor may subsidize the expenses incurred in conducting surveys, research, management, and operation in relation to the business affairs with the Employment Insurance Fund (hereinafter referred to as the "Fund"). <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 6-2 (Assessment Institutions for Insurance Programs) |
| (1) | "Institutions prescribed by Presidential Decree" in Article 11-2 (2) of the Act means institutions designated by the Minister of Employment and Labor (hereafter referred to as "assessment institution" in this Article) from among those falling under each of the following: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| 4. | Private research institutes. |
| (2) | The Minister of Employment and Labor may subsidize the expenses incurred by assessment institutions in the performance of duties, within the budget. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The assessment institutions may request proxy institutions or entrusted institutions prescribed in Articles 6 (1), 57 (1), and 145 (2) through (6) to submit data necessary to perform assessment. |
| (4) | Necessary matters concerning specific work, designated period, etc. of an assessment institution shall be determined and publicly announced by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
CHAPTER II MANAGEMENT OF INSURED WORKERS
| Article 7 (Reporting, etc. of Acquisition or Loss of Insured Status) |
| (1) | Each business owner or subcontractor who is obligated to file a report on matters concerning the acquisition or loss of insured status of a worker employed to engage in the business with the Minister of Employment and Labor pursuant to Article 15 of the Act or who is obligated to submit to the Minister of Employment and Labor a document certifying the qualifying days in covered employment, the reasons for severance from employment, the wages paid before severance from employment, and severance pay, etc. pursuant to Article 16 of the Act (hereinafter referred to as "certificate of severance") shall file such report or submit such document by no later than the fifteenth day of the month immediately following the month during which such event occurs (without delay, if the relevant worker demands that he/she file such report or submit such document earlier than the above-stated deadline). In such cases, a report on the acquisition or loss of insured status or a certificate of severance shall be deemed to have been filed or submitted where the relevant business owner or subcontractor has filed, with the Minister of Employment and Labor, a report on confirmation of details of employment, including the number of days for which a daily worker employed during the pertinent month had provided service and the wages paid to such worker by no later than the fifteenth day of the month immediately following the month during which such event occurs. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Each business owner who has filed a report on the commencement or termination of his/her business pursuant to Article 11 (3) of the Insurance Premium Collection Act shall file a report on the acquisition or loss of insured status with the Minister of Employment and Labor within the deadline prescribed in paragraph (1). <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The Minister of Employment and Labor shall, upon receipt of a certificate of severance, as prescribed in Article 16 (1) of the Act, review the qualifying days in covered employment, the reasons for severance, and details of wages paid. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Where the Minister of Employment and Labor examines the details of a certificate of severance, as set forth in paragraph (3) and finds that the person whose employment was severed has not received his/her wages for 30 or more days continuously during 18 months before the date of his/her severance due to any reason under Article 40 (2) of the Act, the Minister of Employment and Labor may demand that the person whose employment was severed submit a medical certificate issued by a physician or any other document proving that such reasons exist. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 8 (Reporting of Insured Status by Worker) |
Each worker who files a report on the acquisition or loss of insured status and other matters as set forth in Article 15 (3) of the Act shall submit a document proving the employment relationship exists, such as employment contract.
| Article 9 (Reporting of Transfer of Insured Worker) |
A business owner shall, when he/she transfers an insured worker from one employing unit to another, file a report thereon with the Minister of Employment and Labor within 14 days of the date of such transfer. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 10 (Reporting Change of Name and Other Details of Insured Workers) |
| (1) | A business owner shall, when an insured worker has his/her name or resident registration number changed or corrected, file a report thereon with the Minister of Employment and Labor within 14 days of the date of such change or correction. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| (2) | Where the recipient prescribed in the latter part of Article 113-2 (1) of the Act has his/her status changed from the recipient who is a person eligible for livelihood benefits under Article 8 (2) of the National Basic Living Security Act (hereafter referred to as "recipient who is a person eligible for livelihood benefits" in this Article) to another type of recipient, or from another type of recipient to a recipient who is a person eligible for livelihood benefits, the guarantee institutions or the entrusting institutions referred to in the latter part of Article 113-2 (1) of the Act shall report such change to the Minister of Employment and Labor within 14 days of the date of such change. <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 28160, Jun. 27, 2017> |
| Article 11 (Request for and Notice of Confirmation) |
| (1) | If he/she intends to confirm the acquisition or loss of his/her insured status pursuant to Article 17 (1) of the Act, any current or former insured worker shall request such confirmation from the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The Minister of Employment and Labor shall, pursuant to Article 17 (3) of the Act, give notice of the results of such confirmation of the acquisition or loss of insured status to the person who has requested such confirmation and to the business owner or subcontractor who currently employs, or previously employed, the requesting person. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
CHAPTER III EMPLOYMENT SECURITY AND VOCATIONAL SKILLS DEVELOPMENT PROGRAMS
| Article 12 (Scope of Enterprises Eligible for Preferential Support) |
| (1) | "Enterprises that meet the standards prescribed by Presidential Decree" in Article 19 (2) of the Act means any enterprise whose number of full-time employees meets the standard listed in attached Table 1 provided separately for each industry (hereinafter referred to as "enterprise eligible for preferential support"): <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 24155, Oct. 29, 2012> |
| (3) | Where an enterprise eligible for preferential support prescribed in paragraph (1) loses its eligibility for preferential support due to expansion in its size or other grounds, the enterprise shall be construed as an enterprise eligible for preferential support for five years from the year immediately following the year in which such cause arises. <Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010; Amended by Presidential Decree No. 24333, Jan. 25, 2013> |
| (4) | Notwithstanding paragraphs (1) through (3), a company that belongs to the conglomerates designated as those subject to the restrictions on mutual investments pursuant to Article 14 (1) of the Monopoly Regulation and Fair Trade Act shall not be construed as an enterprise eligible for preferential support for the insurance year immediately following the insurance year during which the designation was made, and thereafter. <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 27738, Dec. 30, 2016> |
| (5) | The criteria for determining whether an enterprise is eligible for preferential support pursuant to paragraph (1) shall be as follows: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 27445, Aug. 11, 2016> |
| 1. | The number of full-time workers shall be the number calculated by dividing the aggregate number of employees working for all the projects carried out by a business owner as of the end of each month of the preceding year (if a construction business is involved, the number of its daily workers shall be subtracted therefrom) by the number of months in operation in the preceding year, and the number of full-time workers for projects concerning management of collective housing prescribed in the Multi-Family Housing Management Act shall be the number of employees calculated separately for each project. In such cases, when calculating the number of full-time workers, any part-time worker whose contractual monthly working hours are at least 60 hours shall be counted as 0.5, and any part time worker whose contractual monthly working hours are less than 60 hours shall be excluded from the calculation; |
| 2. | Where a business owner runs business in at least two different industries, the classification shall be made based on the industry in which he/she has the greater number of full-time workers, while the classification shall be made based on the total amount of wages or the amount of sales in the aforementioned order where the number of full-time employees for each industry is the same. |
| (6) | Notwithstanding paragraph (5), it shall be determined as of the date of formation of an insurance contract as to whether a business owner for whom the insurance relations are established during an insurance year is qualified as an enterprise eligible for preferential support. <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 13 Deleted. <by Presidential Decree No. 23139, Sep. 15, 2011> |
| Articles 14 through 16 Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 17 (Subsidies for Job Creation) |
| (1) | The Minister of Employment and Labor may partially subsidize wages for any of the following business owners pursuant to Article 20 of the Act: Provided, That, in the case of subparagraph 1, he/she may reimburse employees whose working hours have been reduced for a portion of his/her lost wages and some of expenses required for installing facilities, and in the case of subparagraph 2, some of expenses for installing facilities: <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26496, Aug. 19, 2015; Presidential Decree No. 26690, Dec. 4, 2015; Presidential Decree No. 27738, Dec. 30, 2016; Presidential Decree No. 28504, Dec. 26, 2017> |
| 1. | Where the number of employees increases due to recruitment of unemployed persons by reducing working hours, restructuring work shifts, and providing periodic educational training or sabbatical leave, etc. (hereinafter referred to as "job sharing"); |
| 2. | Where there is an increase in the number of employees due to the improvement of employment conditions by installing and operating the facilities determined by the Minister of Employment and Labor and recruiting unemployed persons; |
| 3. | Where unemployed persons are newly hired on an hourly basis without fixing the term of a labor contract by dividing duties, restructuring a labor system, or developing part-time duties, etc.; |
| 4. | Where an enterprise falling under the types of business with good prospects for growth, the types of business in which imbalance between labor supply and demand exists, or the types of business that require employment subsidies including enterprises that have moved operations back to the Republic of Korea and region-specific industries, following deliberations and decisions by the Committee, hires the unemployed; |
| 5. | Where an enterprise eligible for preferential support falling under the types of business deliberated and resolved by the Committee hires those with professional qualifications prescribed by the Minister of Employment and Labor (hereinafter referred to as "professional human resources"); |
| 6. | Where a business owner hires an unemployed youth between 15 and 34 years of age through an introduction of a wage peak system under Article 28, a wage reduction system under Article 28-2, a working hours reduction system under Article 28-3, or any other changes in its wage system; <<Period of Validity: refer to Article 2 of the Addenda to this Decree>> |
| (2) | In cases of providing subsidies pursuant to paragraph (1), the Minister of Employment and Labor shall determine necessary matters, such as conditions of assistance, scope of eligible business owners, level of assistance, period of assistance, method of application for and payment of subsidies, and other matters necessary for assistance. |
[This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010]
| Article 18 (Details of Assistance for Employment Adjustment, etc.) |
| (2) | A business owner eligible for the preferential support as prescribed in Article 21 (3) of the Act shall be any of the following business owners: <Amended by Presidential Decree No. 21928, Dec. 30, 2009> |
| 2. | A business owner who engages in manufacturing, repair, and other works under a contract with a business owner, as prescribed in subparagraph 1 for a project that falls under a designated type of business and at least 1/2 of whose sales are related to the designated type of business; |
| (3) | Where a business owner falling under any subparagraph of paragraph (2) takes measures for retaining employees, or grants assistance for change of occupation, the Minister of Employment and Labor may prescribe different requirements for and the amount of assistance applicable to such business owner, after deliberation by the Employment Policy Deliberative Council under the Framework Act on Employment Policy (hereinafter referred to as the "Employment Policy Council"), notwithstanding Articles 19 through 22. <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 19 (Eligibility for Subsidies for Employee Retention) |
| (1) | The Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, grant subsidies to retain employees (hereinafter referred to as "subsidies for employee retention") to a business owner, where the business owner that finds it unavoidable to make adjustments in employment takes any of the following measures (hereinafter referred to as "measures for retaining employees") for insured workers recruited to engage in a task carried out by him/her (excluding daily workers, persons notified of dismissal in advance under Article 26 of the Labor Standards Act, and those scheduled to retire upon the business owner's recommendation due to worsening management conditions; hereafter the same shall apply in this Chapter) and where he/she does not sever the employment relationship with insured workers through employment adjustment during the period for which the measures for retaining employees are taken and one month thereafter: <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24514, Apr. 22, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 28504, Dec. 26, 2017> |
| 1. | Where the business owner reduces working hours in excess of 20/100 of the total working hours per calendar month of all insured workers by adjusting working hours, restructuring work shifts (referring to dividing workers into groups and having them work in shift; hereinafter the same shall apply), suspending business, or taking other measures, and pays money and valuables in order to compensate for lost wages due to reduced work hours. In such cases, necessary matters concerning the method of calculating the working hours, including the total working hours of all insured workers, etc., shall be prescribed by Ordinance of the Ministry of Employment and Labor; |
| 2. | Deleted; <by Presidential Decree No. 28504, Dec. 26, 2017> |
| 3. | Where the business owner lays off workers for a period of at least one month; |
| 4. | Deleted; <by Presidential Decree No. 25022, Dec. 24, 2013> |
| 5. | Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010> |
| (2) | Where a business owner newly employs a worker while taking the measures for retaining employees, as prescribed in paragraph (1), or implements measures for retaining employees in the same month for three consecutive years notwithstanding paragraph (1), no subsidies for employee retention shall be paid for the relevant month, except in cases deemed unavoidable by the head of the competent employment security office. <Amended by Presidential Decree No. 24514, Apr. 22, 2013; Presidential Decree No. 25022, Dec. 24, 2013> |
| (3) | Deleted. <by Presidential Decree No. 24514, Apr. 22, 2013> |
| Article 20 (Preparation and Reporting of Plan for Measures for Retaining Employees) |
| (1) | A business owner who intends to receive subsidies for employee retention prescribed in Article 19 shall prepare plans for retaining employees for each calendar month in compliance with the following requirements, as prescribed by Ordinance of the Ministry of Employment and Labor, and report it to the Minister of Employment and Labor by the day before the date of a scheduled implementation of such measures, and where he/she modifies matters prescribed by Ordinance of the Ministry of Employment and Labor in the reported plan, such as the scheduled implementation date, the persons subject to such measures, and money and valuables to be paid while such measures are taken, he/she shall report such modifications to the Minister of Employment and Labor by the day before the scheduled modification date: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24514, Apr. 22, 2013; Presidential Decree No. 25022, Dec. 24, 2013> |
| 1. | The business owner shall consult with the representative of workers recruited to engage in the business in preparing or modifying measures for retaining employees: Provided, That cases where detailed plans measures for retaining employees to be modified are not unfavorable to employees, such as reduction of period during which measures for retaining employees are taken or reduction in the number of people eligible to remain employed in order to restore employment conditions back to the level seen before business deterioration, shall be excluded herefrom; |
| 2. | The business owner shall prepare a document that describes the detailed implementation plans for retaining employees for the previous month (excluding the month to which the first date of implementation of the measures for retaining employees belongs) and related evidentiary documents. |
| (2) | Notwithstanding paragraph (1), if any unavoidable cause or event prescribed by Ordinance of the Ministry of Employment and Labor, such as delay in the process of labor-management consultation, exists, such report may be filed within three days from the date the measures for retaining employees are taken or the date of revision of such plan (within 20 days, where the business owner operating in an area declared as a special disaster area pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety takes measures for retaining employees due to such special disaster). <Amended by Presidential Decree No. 24514, Apr. 22, 2013> |
| (3) | Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013> |
| (4) | Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010> |
| (5) | Deleted. <by Presidential Decree No. 24514, Apr. 22, 2013> |
| Article 20-2 (Restrictions on Granting of Subsidies in Cases of Violation of Plans for Retaining Employees) |
Where a business owner implements measures for retaining employees deviated from the plan or revised plan for such measures reported pursuant to Article 20 (1), the Minister of Employment and Labor may not pay the whole or part of the subsidies for employee retention for the month during which such violation occurs, as prescribed by Ordinance of the Ministry of Employment and Labor. [This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]
| Article 21 (Amount of Subsidies for Employee Retention, etc) |
| (1) | The amount of subsidies for employee retention shall be each of the following amounts: Provided, That when the Minister of Employment and Labor deems it necessary for employment security due to worsening unemployment, such as a rapid increase in the unemployment rate, the amount shall be equivalent to 3/4 [2/3 for an enterprise other than those eligible for preferential support (hereinafter referred to as “large enterprise”)] of the money and valuables provided by the business owner to compensate for the lost wage of the insured workers (only for a period prescribed and publicly announced by the Minister of Employment and Labor within the limit of one year): <Amended by Presidential Decree No. 25955, Dec. 31, 2014; Presidential Decree No. 28504, Dec. 26, 2017> |
| 1. | Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, layoff, etc. are less than 50/100 of working hours per calendar month: An amount equivalent to 2/3 (1/2 for a large enterprise) of the money and valuables provided by the business owner to compensate for the lost wages of the insured workers whose working hours are reduced or who are laid off; |
| 2. | Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, layoff, etc. are at least 50/100 of working hours per calendar month: An amount equivalent to 2/3 of the money and valuables provided by the business owner to compensate for the lost wages of the insured workers whose working hours are reduced or who are laid off. |
| (2) | Subsidies for retaining employees prescribed in paragraph (1) shall be granted for each measure taken to retain employees only until the number of days during which such measure is taken (the day on which two or more measures are taken simultaneously for retaining employees shall be counted as one day) reaches 180 days during the term of the pertinent insurance year. <Amended by Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 28504, Dec. 26, 2017> |
| (3) | and (4) Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013> |
| (5) | Subsidies for employee retention granted pursuant to paragraph (1) shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per worker subject to each measure for retaining employees taken. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| Article 21-2 (Reduced Level of Wages in Cases of Business Suspension, etc.) |
"Level prescribed by Presidential Decree" in the latter part of Article 21 (1) of the Act means the amount less than 50/100 of the average wage (including cases where no wage is paid). [This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]
| Article 21-3 (Requirements, etc. for Granting Subsidies to Insured Workers in Cases of Business Suspension, etc.) |
| (1) | When a business owner suspends business or lays off workers (hereinafter referred to as "business suspension, etc.") instead of making employment adjustment in spite of unavoidable causes for making such adjustment prescribed by Ordinance of the Ministry of Employment and Labor pursuant to the latter part of Article 21 (1), if such suspension of business, etc. falls under any of the following, the Minister of Employment and Labor may grant subsidies to the relevant insured worker: |
| 1. | Where a business owner suspends business for at least 30 days for the number of the insured workers under classification made in each of the following circumstances and does not pay business suspension allowances after obtaining approval of the Labor Relations Commission pursuant to Article 46 (2) of the Labor Standards Act, or pays business suspension allowances equivalent to the amount less than 50/100 of the average wage: |
| (a) | Where the total number of the insured workers is not more than 19: At least 50/100 of the total number of the insured workers; |
| (b) | Where the total number of the insured workers is at least 20 and not more than 99: At least 10 insured workers; |
| (c) | Where the total number of the insured workers is at least 100 and not more than 999: At least 10/100 of the total number of the insured workers; |
| (d) | Where the total number of the insured workers is at least 1000: At least 100 insured workers; |
| 2. | Where a business owner lays off the number of the insured workers as classified in the following circumstances for at least 90 days after implementing measures for retaining employees pursuant to Article 19 (1) 1 or 2 for at least three months within one year before the commencement of layoff, and does not pay money and valuables during that period by mutual consent with the representative of the workers (referring to the labor union if there exists a labor union consisting of more than a half of the total workers, and the one who represents more than a half of the total workers if such labor union does not exist): |
| (a) | Where the total number of the insured workers is not more than 99: At least 10 insured workers; |
| (b) | Where the total number of the insured workers is at least 100 and not more than 999: At least 10/100 of the total number of the insured workers; |
| (c) | Where the total number of the insured workers is at least 1000: At least 100 insured workers. |
| (2) | The amount of the subsidies prescribed in paragraph (1) shall be determined by the Minister of Employment and Labor within the range of 50/100 of the average wage of the relevant insured worker, taking into account the wages or allowances paid by the business owner to the said insured worker. In such cases, the amount of subsidies shall not exceed the amount determined and publicly announced by the Minister of Employment and Labor per insured worker eligible for subsidies for such reasons as business suspension, etc. |
| (3) | The subsidies prescribed in paragraph (2) shall be paid for maximum 180 days during the period of the relevant business suspension, etc. |
| (4) | Where the Minister of Employment and Labor provides the insured workers with subsidies pursuant to paragraph (1), the business owner shall prepare a plan for retaining employees that includes necessary measures for the development and improvement of vocational skills of the recipient and submit the plan to the Minister of Employment and Labor. |
| (5) | Necessary matters concerning the method and process of applying for subsidies and the method of payment of subsidies for insured workers following business suspension, etc., other than the matters prescribed in paragraphs (1) through (4), shall be determined and publicly announced by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]
| Article 21-4 (Support for Measures, etc. for Development and Improvement of Vocational Skills) |
| (1) | The Minister of Employment and Labor may provide a business owner with support necessary for taking measures for development, improvement, etc. of vocational skills of the insured workers as part of measures for retaining employees prescribed in Article 21-3 (4). |
| (2) | Necessary matters concerning the process of applying for support, the method of providing support, etc. shall be prescribed by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]
| Article 22 (Re-Employment Assistance for Person whose Employment is Severed, etc.) |
Where a business owner facing an inevitable employment adjustment pursuant to Article 21 (1) of the Act directly establishes facilities necessary for supporting swift re-employment of any of the following persons, independently or collaboratively, or entrusts an outside institution equipped with such facilities with services necessary for such re-employment, the Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, subsidize some of the expenses incurred by the business owner, as determined by the Minister of Employment and Labor: | 1. | Insured workers who have been employed by the relevant business but whose employment will be severed due to employment adjustment, retirement age, or expiration of the term of employment contract; |
| 2. | Persons who had been insured and employed by the relevant business but whose employment was severed due to employment adjustment, retirement age, or expiration of the term of employment contract. |
[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]
| Article 23 Deleted. <by Presidential Decree No. 21015, Sep. 18, 2008> |
| Article 24 (Subsidies for Promotion of Local Employment) |
| (1) | The Minister of Employment and Labor shall grant subsidies for promotion of local employment to a business owner who relocates his/her business to a designated area, establishes a new business or expands an existing business in a designated area as set forth in Article 22 of the Act and who meets all the following requirements: <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| 1. | During the period of support for employment adjustment, etc. (hereafter referred to as "designated period" in this Article) as publicly notified pursuant to Article 29 (2) of the Enforcement Decree of the Framework Act on Employment Policy, a local employment plan concerning relocation, establishment, or expansion of business, and employment of workers resulting therefrom shall be prepared and reported to the Minister of Employment and Labor; |
| 2. | The business owner shall implement the local employment plan reported to the Minister of Employment and Labor pursuant to subparagraph 1; |
| 3. | The operation of the business relocated, newly established, or expanded shall commence within one year and six months from the date the plan for local employment is submitted; |
| 4. | The business owner shall employ persons who have resided in the designated area or any other designated area for at least three months as of the date the operation of the business relocated, newly established, or expanded commences (hereafter referred to as "date of commencement of operation" in this Article) as the insured for the relevant business; |
| 6. | The business owner shall keep a record of the current status of implementation of the local employment plan and the current status of wages paid to the insured workers while implementing the plan. |
| (2) | Upon the commencement of operation prescribed in paragraph (1) 3, a business owner who intends to receive subsidies for promotion of local employment shall report such fact to the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The amount of subsidies for promotion of local employment shall be equivalent to 1/2 (or 1/3 for a large enterprise) of the wages paid to the insured workers employed under paragraph (1) 4, and shall not exceed the amount publicly notified by the Minister of Employment and Labor as set forth in Article 21 (5). <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| (4) | Subsidies for promotion of local employment shall be paid for up to one year from the date of commencement of operation. <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
| (5) | Where the number of insured workers employed pursuant to paragraph (1) 4 during a designated period exceeds 200 persons, subsidies for promotion of local employment shall be granted only for 30/100 out of the number of persons in excess thereof. |
| (6) | No subsidies for promotion of local employment shall be paid under any of the following cases: <Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | Where the employment period of the insured workers who are employed pursuant to paragraph (1) 4 is less than six months; |
| 2. | Where a business owner has severed the employment of his/her workers through employment adjustment during the period between three months before the date of commencement of operation and one year after the date of commencement of operation; |
| 3. | Where the business owner who has employed a job seeker as an insured worker as set forth in paragraph (1) 4 is found to be the same business owner as at the time the employment of the insured worker was most recently severed: Provided, That this shall exclude cases where the business owner has given priority to the relevant worker in employment pursuant to Article 25 (1) of the Labor Standards Act; |
| 4. | Where the business owner who has employed a job seeker as an insured worker under paragraph (1) 4 is related to the business in which the relevant worker had been engaged at the time his/her employment was most recently severed, such as cases where the business owner has merged his/her business with, or has acquired, that of the other business owner as at the time the employment of the relevant worker was most recently severed; |
| 5. | In any case prescribed by Ordinance of the Ministry of Employment and Labor, including the case where a business owner pays wages below the minimum wage rate under the Minimum Wage Act. |
| (7) | Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013> |
| (8) | Matters necessary for application for and payment of subsidies for promotion of local employment shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 25 (Subsidies for Extension of Employment of Seniors) |
| (1) | The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for extension of employment of seniors to a business owner who runs business that meets any of the following requirements: Provided, That this shall not apply to any business owner who has at least 300 full-time employees: <Amended by Presidential Decree No. 21230, Dec. 31, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013> <<Period of Validity: refer to Article 2 of the Addenda to this Decree>> |
| 1. | Deleted; <by Presidential Decree No. 22603, Dec. 31, 2010> |
| 2. | The retirement age shall be abolished or the existing retirement age shall be increased by one year or more to at least 60: Provided, That where the retirement age at the relevant place of business is abolished and a new retirement age is established or the previous retirement age is lowered within three years before the abolishment or extension of the retirement age, subsidies for extension of employment of the elderly shall not be granted; |
| 3. | The business owner who set the retirement age at 55 shall continue to retain a person who has reached the retirement age after at least 18 months of employment or shall employ (hereafter referred to as "re-employment" in this Article and Article 28) such person within three months after he/she has retired at the retirement age and shall not sever the employment of any worker through employment adjustment during three months before such re-employment and six months after such re-employment: Provided, That a business owner shall not be eligible for the subsidies for extension of employment of seniors where the business owner re-employs such person for a period of less than one year or lowers the retirement age of the place of business within three years before the re-employment. |
| (2) | and (3) Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010> |
| (4) | The amount of subsidies for extended employment of seniors for which a business owner who meets the requirements prescribed in paragraph (1) 2 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) who have been employed by the business owner continuously for at least 18 months and who is allowed to continue his/her services due to the abolishment or extension of the retirement age after he/she reaches the retirement age that was previously set, and such subsidies shall be granted for the period classified under each of the following subparagraphs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013> <<Period of Validity: refer to Article 2 of the Addenda to this Decree>> |
| 1. | Where the retirement age is abolished: One year from the day (referring to the day when the age of 58 is reached if the previous retirement age is lower than the age of 58) immediately following the date when one year has passed from the date when the previous retirement age of a worker, whose retirement age is abolished, is reached; |
| 2. | Where the retirement age is extended: The period prescribed in each of the following calculated from the day immediately following the date when the previous retirement age of a worker, whose retirement age is extended, is reached: |
| (a) | Where the retirement age is extended by at least one year but not more than three years: One year; |
| (b) | Where the retirement age is extended by at least three years: Two years. |
| (5) | The amount of subsidies for extended employment of seniors for which a business owner who meets the requirements under paragraph (1) 3 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) re-employed after each of such persons reaches the retirement age, and such subsidies shall be granted for the periods classified as prescribed in each of the following subparagraphs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 25022, Dec. 24, 2013> <<Period of Validity: refer to Article 2 of the Addenda to this Decree>> |
| 1. | Where the re-employment period is at least one year but not more than three years: Six months; |
| 2. | Where the re-employment period is at least three years: One year. |
| (6) | Matters necessary to apply for and pay the subsidies for extended employment of seniors shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 25-2 (Subsidies for Employment of Seniors Aged 60 Years or Older) |
| (1) | The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for employment of seniors aged 60 years or older to the business owner of an enterprise that meets all of the following requirements: <Amended by Presidential Decree No. 25955, Dec. 31, 2014> |
| 1. | That the relevant place of business has no set retirement age; |
| 2. | That the ratio of the monthly average number of workers who are at least 60 years old and have been employed for at least one year as of the last day of each month to the monthly average number of workers employed for the corresponding business on a quarterly basis shall not be less than the ratio determined and publicly notified by the Minister of Employment and Labor for each business type; |
| 3. | That the business owner receives subsidies for the promotion of employment of seniors under Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) at least once as of the date of application for subsidies for the employment of seniors aged 60 years or older, and he/she shall not be subject to the period when the payment of the aforementioned subsidies is restricted. |
| (2) | Notwithstanding paragraph (1), where a business owner falls under any of the following, the subsidies for the employment of seniors aged 60 years or older (hereinafter referred to as "subsidies for employment of seniors aged 60 years or older") shall not be paid: <Amended by Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | Where a business owner severs the employment of workers aged 55 years or older by making adjustments in employment during the period between three months before applying for subsidies for employment of seniors aged 60 years or older and six months thereafter; |
| (3) | The amount of subsidies for the employment of seniors aged 60 years or older shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor, considering labor market conditions, by the number of seniors aged 60 years or older who have been employed in excess of the ratio publicly notified by the Minister of Employment and Labor pursuant to paragraph (1) 2: Provided, That the total amount of subsidies which a business owner is eligible to receive on a quarterly basis shall not exceed the amount calculated by multiplying the amount publicly notified by the Minister of Employment and Labor pursuant to the main sentence by the number equivalent to 20/100 (10/100 for a large enterprise) of the number of workers employed for the relevant enterprise. |
| (4) | When calculating the number of workers for the sake of paying subsidies for employment of seniors aged 60 years or older, any of the following persons shall be excluded herefrom: <Amended by Presidential Decree No. 28504, Dec. 26, 2017> |
| (5) | Necessary matters necessary to apply for and pay the subsidies for employment of seniors aged 60 years or older shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]
<<Period of Validity: refer to Article 2 (2) of the Addenda to this Decree>>
| Article 26 (Incentives for Promotion of Employment) |
| (1) | The Minister of Employment and Labor shall grant incentives for promotion of employment to a business owner who hires any of the following unemployed persons, as an insured worker if the person has registered himself/herself as a job seeker, with employment security offices or any of the institutions specified by Ordinance of the Ministry of Employment and Labor, pursuant to Article 23 of the Act, to promote employment of such persons as a disabled person, a female head of household, etc. who have particular difficulty finding jobs under ordinary labor market conditions (hereafter referred to as "employment security office" in this Article): <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | A person who has completed the employment assistance program, as notified by the Minister of Employment and Labor, designed for those having particular difficulty finding jobs under ordinary labor market conditions; |
| 4. | A person who is in a state of unemployment for one month or more and has difficulty participating in the employment assistance program prescribed in subparagraph 1 because he/she resides in an island (excluding the main island of Jeju Special Self-Governing Province and islands that are connected to land by breakwaters or bridges, etc.). |
| (2) | The incentives for promotion of employment prescribed in paragraph (1) (hereinafter referred to as “incentives for employment promotion”) shall be paid where a business owner employs a person as an insured worker for at least six months, according to the following standards: Provided, That incentives for employment promotion may be paid to an insured worker determined and publicly notified by the Minister of Employment and Labor, even where the relevant person is employed for at least one month: <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | Where the employment period is at least 6 months but less than 12 months: Amount equivalent to 6 months; |
| 2. | Where the employment period is at least 12 months: Amount equivalent to 12 months: Provided, That where the employment period of an insured worker determined and publicly notified by the Minister of Employment and Labor is at least 18 months, the following standards shall be applied: |
| (a) | Where the employment period is at least 18 months but less than 24 months: Amount equivalent to 18 months; |
| (b) | Where the employment period is at least 24 months: Amount equivalent to 24 months. |
| (3) | The incentives for employment promotion shall not be paid in any of the following circumstances: <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | In cases of employing a person falling under cases prescribed by Ordinance of the Ministry of Employment and Labor, such as cases where labor contracts are short-term contracts; |
| 2. | Deleted; <by Presidential Decree No. 24333, Jan. 25, 2013> |
| 3. | Where an enterprise which is not an enterprise eligible for preferential support employs an unemployed person aged 29 years or younger who is prescribed by the Minister of Employment and Labor; |
| 4. | Where a business owner severs the employment of a worker (excluding workers employed later than a person eligible for incentives for employment promotion) as part of employment adjustment during the period between three months before employing a person eligible for the incentives for employment promotion and one year from the employment of the relevant person (in cases where a person eligible for incentives for employment promotion is employed for less than one year, referring to the period until the termination of the relevant employment relationship); |
| 5. | Where a business owner who employs a person eligible for the incentives for employment promotion is found to be the same business owner as at the time the employment of the relevant worker was severed (limited to cases where the employment was severed within one year before the relevant business owner employs the relevant worker; hereafter the same shall apply in subparagraph 6): Provided, That this shall not apply in any of the following cases: |
| (b) | Where a business owner re-employs a worker whom he/she employed as daily worker by entering into a contract without a fixed term of employment; |
| 6. | Where a business owner who employs a person eligible for incentives for employment promotion has a business relationship with the business from which the employment of the relevant worker is severed as at the time of the relevant severance, such as by merging with the relevant business or taking over the said business, and is prescribed by Ordinance of the Ministry of Employment and Labor; |
| 7. | Where a business owner delayed payment of wages, etc. and his/her name is disclosed pursuant to Article 43-2 of the Labor Standard Acts. |
| (4) | The amount of incentives for employment promotion shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of insured workers employed, and shall not exceed 80/100 of the wages borne by the business owner during the period of payment of such incentives. <Amended by Presidential Decree No. 27738, Dec. 30, 2016> |
| (5) | The number of insured workers who become eligible for incentives for employment promotion shall not exceed the number calculated by subtracting the number of the insured workers who had been eligible for incentives for employment promotion for three years as of the time immediately before the date of employment of the relevant workers from 30/100 of the number of insured workers as at the end of the immediately preceding insurance year for the pertinent business (the decimal point shall be dropped in calculation). <Amended by Presidential Decree No. 27738, Dec. 30, 2016> |
| (6) | Notwithstanding paragraph (5), in any of the following cases, the number of insured workers who become eligible for incentives for employment promotion shall not exceed the number calculated by subtracting the number of the insured workers who had been eligible for incentives for employment promotion for three years as of the time immediately before the date of employment of the relevant workers from the number of insured workers prescribed in the following: <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | Where the number of the newly employed, insured workers pursuant to paragraph (1) is at least 30: 30 persons; |
| 2. | Where the number of the insured as of the end of the immediately preceding insurance year for the pertinent business is at least one but less than ten: 3 persons; |
| 3. | Where there exists no insured worker as of the end of the immediately preceding insurance year for the pertinent business: 30/100 of the number of insured workers as of the date the insurance relation is established for the year in which an employee is newly hired (where the number of insured workers is at least one but less than ten, three persons, and where 30/100 of the number of insured workers exceeds 30 persons, 30 persons). |
| (7) | Matters necessary to apply for and pay incentives for employment promotion shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 27738, Dec. 30, 2016> |
[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]
| Article 27 Deleted. <by Presidential Decree No. 21015, Sep. 18, 2008> |
| Article 28 (Subsidies for Wage Peak System) |
| (1) | The Minister of Employment and Labor shall grant subsidies for the wage peak system to workers to whom the wage peak system shall apply in any of the following cases, as prescribed in Article 23 of the Act, (hereafter referred to as "wage peak system" in this Article): Provided, That in cases falling under subparagraph 2, he/she shall grant subsidies for the wage peak system to both the workers and the business owner: <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25955, Dec. 31, 2014> <<Period of Validity: refer to Article 2 of the Addenda to this Decree>> |
| 1. | Where a business owner implements a system under which an employee has his/her wage reduced based on his/her age, period of continuous employment or wage after he/she reaches the age of 55, with the consent of the representative of employees, in return for extension of the retirement age to at least 60 or to at least 56 but not more than 60; |
| 2. | Where a business owner reduces working hours while implementing the system prescribed in subparagraph 1 or re-employment pursuant to subparagraph 4, and thereby reducing the contractual weekly working hours to at least 15 hours but not more than 30 hours; |
| 3. | Deleted; <by Presidential Decree No. 25022, Dec. 24, 2013> |
| 4. | Where a business owner who set the retirement age at 55 or older decides to re-employ (excluding cases where the period of the re-employment is less than one year) a person, who has reached retirement age, and to reduce his/her wage compared to the amount he/she received before the previous retirement. |
| (2) | The subsidies for the wage peak system determined under paragraph (1) shall be paid to persons who have been employed continuously for at least 18 months by the relevant business owner and that sees his/her peak wage compared to his/her wage for the pertinent year (referring to the wage of the year that immediately precedes the year when the date of the first reduction of wage following implementation of the wage peak system belongs; hereafter the same shall apply in this Article) reduced by at least the ratio classified as prescribed in each of the following (excluding the person whose wage for the pertinent year reaches or exceeds the amount publicly notified by the Minister of Employment and Labor): <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26690, Dec. 4, 2015> <<Period of Validity: refer to Article 2 of the Addenda to this Decree>> |
| 1. | In the case of paragraph (1) 1: The ratio classified according to the extended retirement age as follows: Provided, That it shall be 10/100 for any business that has less than 300 full-time employees: |
| (a) | Up to one year from the date of application of the wage peak system: 10/100; |
| (b) | For a period of up to two years but no shorter than one year from the date of application of the wage peak system: 15/100; |
| (c) | For a period exceeding two years after the date of application of the wage peak system: 20/100; |
| 2. | In the case of paragraph (1) 2: 30/100; |
| 3. | In the case of paragraph (1) 4: 20/100: Provided, That it shall be 10/100 for any business that has less than 300 full-time employees. |
| (3) | Subsidies for the wage peak system prescribed in paragraph (1) shall be an amount publicly notified by the Minister of Employment and Labor, considering the difference between the peak wage and the pertinent year’s wage of the pertinent individual worker, the wage increase rate, an increase in the labor cost of the business owner due to the reduction of contractual working hours prescribed in paragraph (1) 2, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 25955, Dec. 31, 2014> |
| (4) | Subsidies for the wage peak system prescribed in paragraph (1) shall be paid for five years from the date the wage peak system enters into force: Provided, That when the employment period is less than five years, the subsidies shall be paid for the employment period, and when re-employment is made pursuant to paragraph (1) 4 after the enforcement of the wage peak system prescribed in paragraph (1) 1, the maximum period of payment shall be five years in total. <Amended by Presidential Decree No. 25022, Dec. 24, 2013> |
| (5) | Matters necessary to calculate, to apply for and to pay the subsidies for the wage peak system prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
<<Period of Validity: refer to Article 2 of the Addenda to this Decree>>
| Article 28-2 (Subsidies for Reduction of Wages in Business or Place of Business Having Set Retirement Age at 60 or More) |
| (1) | Where a business or place of business which has set the retirement age at 60 or more implements the system of reducing wages after the age of 55, the Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies beginning with the date the system of reducing the wages of the relevant workers who saw their wages reduced enters into effect and ending on December 31, 2018: Provided, That where the employment period of the relevant workers ends before December 31, 2018, the subsidies shall be paid during the relevant employment period. |
| (2) | The subsidies determined under paragraph (1) shall be paid to persons who have been employed continuously for at least 18 months by the relevant business owner and gotten their peak wages (referring to the wages of the year that immediately precedes the year when the date of the first reduction of wages following implementation of the system pursuant to paragraph (1) belongs; hereafter the same shall apply in this Article) reduced by at least 10 percent compared to their wages for the pertinent year (excluding persons whose wages for the pertinent year reach or exceed the amount publicly notified by the Minister of Employment and Labor). |
| (3) | The amount of subsidies prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor according to the standards prescribed by Ordinance of Minister of Employment and Labor in consideration of the difference between the peak wage and the pertinent year’s wage of the pertinent individual worker, the wage increase rate, etc. |
| (4) | Matters necessary to apply for and to pay the subsidies etc. referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[Newly Inserted by Presidential Decree No. 26690, Dec. 4, 2015]
| Article 28-3 (Subsidies for Reduction of Working Hours) |
| (1) | Where workers aged 50 or more who have been employed continuously for at least 18 months see their wages for the pertinent year reduced compared to the wages of the year that immediately precedes the year when the date of the first reduction of their wages as a result of the reduction of weekly working hours by business owners according to the standards of hours publicly notified by the Minister of Employment and Labor, the Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant the subsidies for reduction of working hours to the relevant workers and business owners from the day of reducing working hours for a maximum of two years limited to the employment period of the relevant workers. |
| (2) | The amount of subsidies for reduction of working hours prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor according to the standards prescribed by Ordinance of Minister of Employment and Labor in consideration of the difference between the wages of the year immediately preceeding the year of reducing working hours and the wages of the relevant year of the relevant workers, indirect labor costs of the business owner, etc. |
| (3) | Matters necessary for application for and payment the subsidies for reducing working hours referred to in paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Employment and Labor. |
[Newly Inserted by Presidential Decree No. 26690, Dec. 4, 2015]
| Article 29 (Incentives for Employment Security during the Period of Childbirth and Child Care) |
| (1) | The Minister of Employment and Labor shall pay incentives for employment security during the period of childbirth and child care to any of the following business owners, pursuant to Article 23 of the Act: Provided, That such incentives shall not be paid to a business owner who has delayed payment of wages, etc. and whose name is disclosed pursuant to Article 43-2 of the Labor Standards Act: <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25388, Jun. 17, 2014; Presidential Decree No. 25645, Sep. 30, 2014; Presidential Decree No. 26368, Jun. 30, 2015; Presidential Decree No. 27738, Dec. 30, 2016> |
| 1. | Where the term of a labor contract or a contract on temporary placement of any of the following insured female workers is terminated during the period of pregnancy, the period of a maternity leave prescribed in Article 74 (1) of the Labor Standards Act (hereinafter referred to as "maternity leave"), or the period of a child care leave (limited to the period until such female worker’s child turns 15 months) prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, a business owner (including a user company under the Act on the Protection, etc. of Temporary Agency Workers, in cases of temporary agency workers under item (b)) who enters into an employment contract without a fixed term of employment with such female worker immediately after the original term of the labor contract or the contract on temporary placement expires or within 15 months after her childbirth: |
| (a) | A person whose term of labor contract is not more than one year; |
| 3. | A business owner who grants or allows an insured worker a maternity leave, a miscarriage or stillbirth leave prescribed in Article 74 (3) of the Labor Standards Act (hereinafter referred to as "miscarriage or stillbirth leave") or a child care leave, etc. for 30 days or longer and employs a substitute worker, and who meets all the following requirements: |
| (a) | The business owner shall employ a new substitute worker for at least 60 days from the 60th day before the beginning of a maternity leave, a miscarriage or stillbirth leave, a child care leave, etc. (or the 60th day before the beginning of a maternity leave if a miscarriage or stillbirth leave, a child care leave, etc. begins consecutively after the maternity leave); |
| (b) | The business owner shall continue to employ a worker who has used a maternity leave, a miscarriage or stillbirth leave, a child care leave, etc. for at least 30 days after the end of the maternity leave, miscarriage or stillbirth leave, child care leave, etc.; |
| (c) | The business owner shall not sever the employment of any employee (excluding workers employed later than newly employed substitute workers) through employment adjustment during the period from three months before employing a new worker as a substitute to one year thereafter (where the employment period of the relevant substitute worker is less than one year, referring to the period until the termination of the relevant employment relationship). |
| (2) | Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 1 shall be the amount determined and publicly notified by the Minister of Employment and Labor, and the amount shall be paid for a maximum period of one year during the employment of a worker concerned. <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 27738, Dec. 30, 2016> |
| (3) | Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 2 shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor by the size of business, considering the burden of labor costs borne by business owners caused by granting child care leave, etc. (excluding the period of child care leave of employees in institutions referred to in subparagraph 1 (a) through (c) of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission and public institutions designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions; hereafter the same shall apply in this Article) by the number of months of child care leave, etc. which were spent by the relevant worker. In such cases, the amount for one month of the incentives for employment security during the period of childbirth and child care shall be paid one month after the beginning of the child care leave, etc. and the remaining amount shall be paid when the business owner continuously employs the worker as an insured for six months or longer after the child care leave, etc. ends. <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 26368, Jun. 30, 2015; Presidential Decree No. 27738, Dec. 30, 2016> |
| (4) | Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) 3 (hereinafter referred to as “subsidies for substitute workers”; hereafter the same shall apply in this Article) shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor by the size of business, considering the burden of labor costs borne by business owners due to employment of substitute workers, by the number of months for which a substitute worker has been employed during the period for which a maternity leave, a miscarriage or stillbirth leave, or a child care leave, etc. has been used (including the two-week period for transfer of duties before using a maternity leave, a miscarriage or stillbirth leave, or a child care leave, etc.), but where there are subsidies or incentives, etc. paid by the State or local governments to business owners for the employment of the relevant substitute workers under this Decree or other statutes, it shall be the amount excluding the relevant subsidies or incentives. In such cases, the amount of subsidies for substitute workers shall be not more than the amount of wage paid by business owners to the relevant substitute workers. <Amended by Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26368, Jun. 30, 2015; Presidential Decree No. 27738, Dec. 30, 2016> |
| (5) | Matters necessary for application for and payment of incentives for employment security during the period of childbirth and child care prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 27738, Dec. 30, 2016> |
[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]
| Articles 30 and 31 Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 32 Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013> |
| Article 32-2 Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010> |
| Article 33 (Subsidization for Examination of Management of Employment) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 25 (1) 1 of the Act, provide a business owner or a labor-management organization that undergoes an examination by a specialized institution in relation to changes in its wage system or re-designing of duties in order to stabilize and promote the employment of persons currently or previously insured, and other persons who are willing to have a job (hereinafter referred to as "insured worker") with subsidies to cover all or some of the expenses incurred in such examination within the budget. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28504, Dec. 26, 2017> |
| (2) | Matters concerning the selection of persons eligible for subsidization prescribed in paragraph (1) and the standards of the subsidies, and other matters necessary for the subsidization shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 34 Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 35 (Employment Security and Employment Promotion) |
"Other programs prescribed by Presidential Decree" in Article 25 (1) 3 of the Act means the following programs: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 25955, Dec. 31, 2014; Presidential Decree No. 26690, Dec. 4, 2015; Presidential Decree No. 27352, Jul. 19, 2016; Presidential Decree No. 28160, Jun. 27, 2017> | 1. | Programs for education and public relations on employment security and employment promotion of insured workers, etc.; |
| 2. | Programs for supporting employment, including job placement, employment and career advice, support for hiring insured workers, etc. and support for the long-term employment of insured workers, etc., and programs for supporting career changes in order to secure the employment security of insured workers, etc. and promote employment thereof; |
| 3. | Programs for improving the employment conditions of insured workers, etc., who are seniors, women, or the disabled; |
| 4. | Programs for supporting the employment security, etc. of construction workers, etc.; |
| 5. | Programs for supporting the employment security, etc. of any of the following persons: |
| (f) | Persons who offer their labor similarly to workers referred to in Article 2 (1) 1 of the Labor Standards Act, regardless of the form of their contracts, but to whom the Labor Standards Act, etc. does not apply, and who provide a business or place of business with labor necessary for the operation thereof at all times, live on the money they receive in return for the provision of their labor, and do not use other persons when providing labor; |
| 7. | Work-family balance assistance programs through the improvement of employment conditions such as changing work patterns of insured workers, etc. |
| Article 35-2 (Support for Programs for Education and Programs for Public Relations) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 25 of the Act, partially assist within the budget the persons who intends to conduct programs for education and programs for public relations under subparagraph 1 of Article 35 with expenses necessary for conducting such programs. |
| (2) | The Minister of Employment and Labor shall, if intending to give assistance pursuant to paragraph (1), publish in advance the kinds and contents of programs eligible for assistance, the content and extent of assistance, methods for application for assistance, and other related matters. |
[This Article Newly Inserted by Presidential Decree No. 28160, Jun. 27, 2017]
| Article 36 (Support to Project for Assisting Employment) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 25 of the Act and subparagraph 2 of Article 35 of this Decree, provide any of the following persons with subsidies for expenses incurred for a project carried out by him/her for providing employment support services within the budget: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 3. | Any person, other than those stated above, who is deemed capable of engaging in the business of providing employment support services by the Minister of Employment and Labor. |
| (2) | The Minister of Employment and Labor shall, when he/she provides the subsidies as prescribed in paragraph (1), publicly announce, in advance, the type and details of the projects eligible for the subsidies, the scope of the eligible insured workers, the details and standards of the subsidies, and the method of application. <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 37 (Support for Improving Employment Circumstances for Seniors, etc.) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 25 of the Act and subparagraph 3 of Article 35 of this Decree, grant subsidies or loans to cover part of the expenses to a business owner who intends to install or improve facilities or equipment necessary for stabilizing and facilitating employment of insured workers who are seniors, women, or the disabled, within the budget. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Necessary matters concerning the selection of persons eligible for the subsidies or loans prescribed in paragraph (1) and the requirements therefor, and other matters necessary to provide such subsidies or loans shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 37-2 (Support for Employment Security of Fixed-Term Workers, etc.) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 25 of the Act, grant subsidies to cover part of necessary expenses to a business owner who intends to carry out programs specified in subparagraphs 2 and 5 through 7 of Article 35, within the budget. <Amended by Presidential Decree No. 26690, Dec. 4, 2015; Presidential Decree No. 28160, Jun. 27, 2017> |
| (2) | The selection of persons eligible for subsidies under paragraph (1) and the requirements therefor, and other matters necessary for subsidies, shall be prescribed by the Minister of Employment and Labor. |
[This Article Newly Inserted by Presidential Decree No. 25955, Dec. 31, 2014]
| Article 38 (Support for Facilities for Employment Promotion) |
| (1) | "Other facilities for promotion of employment prescribed by Presidential Decree" referred to in Article 26 of the Act means the following facilities: <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 2. | Facilities operated for supporting employment by schools designated by the Minister of Employment and Labor among schools prescribed in subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act; |
| 5. | Other facilities designed to stabilize and promote the employment of insured workers, etc. and to secure human resources for business owners, as prescribed by Ordinance of the Ministry of Employment and Labor. |
| (2) | The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover expenses incurred in installing and operating a facility for the promotion of employment by a person who installs and operates such facility. <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Matters necessary for subsidization of facilities for promotion of employment referred to in paragraph (1) shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover expenses incurred in operating a child care center installed and operated, independently or collaboratively, by a business owner, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, higher levels of subsidies may be granted to the business owners of enterprises eligible for preferential support (including their association that consists of at least 50/100 of the enterprises eligible for preferential support, and only referring to the cases where the number of children of the insured workers belonging to the enterprises eligible for preferential support, among the infants looked after by a workplace child care center established and operated by the relevant business owner, is at least 50/100 of the total number of the infants taken care of, based on the last day of every month; hereafter the same shall apply in this Article). <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26690, Dec. 4, 2015; Presidential Decree No. 28504, Dec. 26, 2017> |
| (5) | The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies or loans to cover some of the expenses incurred in installing child care centers by a business owner or an employers' association that intends to install and operate such facility independently or collaboratively, as determined by the Minister of Employment and Labor. In such cases, higher levels of loans or subsidies may be granted to the business owners of enterprises eligible for preferential support, the business owners who intend to install child care centers for disabled children or infants, or their association. <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 25022, Dec. 24, 2013> |
| Article 39 (Special Cases concerning Projects subject to Blanket Application) |
The individual projects that become subject to blanket application, as prescribed in Article 8 of the Insurance Premiums Collection Act, shall be deemed a single project, and Articles 17, 19, 24 through 26, and 29 shall apply thereto. <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011>
| Article 40 (Adjustment of Subsidies, etc.) |
| (1) | Where a business owner who meets the requirements for granting subsidies for retaining employees prescribed in Article 19 has taken any measure that corresponds to the requirements for reimbursing expenses prescribed in Article 17 or for granting subsidies for extension of employment of seniors prescribed in Article 25 (1) 3 or incentives for employment promotion prescribed in Article 26 during the period when the measures for retaining employees have been taken, subsidies for retaining employees prescribed in Article 19 shall be granted while other subsidies or incentives shall not be granted to him/her. <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 27738, Dec. 30, 2016> |
| (2) | Where a business owner concurrently meets the requirements for at least two types of subsidies or incentives among the following subsidies or incentives due to the same workers, only one of those subsidies or incentives shall be granted upon request by the relevant business owner: Provided, That when he/she concurrently meets the requirements for both the subsidies provided when the business owner of an enterprise falling within the types of business with good prospects for growth pursuant to Article 17 (1) 4 hires unemployed persons and the subsidies provided to support the long-term employment of youths employed at a small or medium enterprise pursuant to subparagraph 2 of Article 35, both of them may be granted: <Amended by Presidential Decree No. 26690, Dec. 4, 2015; Presidential Decree No. 27738, Dec. 30, 2016; Presidential Decree No. 28469, Dec. 12, 2017> |
| 1. | Subsidies prescribed in Article 17 (1) 3 through 6; |
| 2. | Subsidies for promotion of local employment prescribed in Article 24; |
| 3. | Subsidies for extension of employment of seniors prescribed in Article 25; |
| 4. | Subsidies for employment of seniors aged 60 years or older prescribed in Article 25-2; |
| 5. | Incentives for employment promotion prescribed in Article 26; |
| 6. | Subsidies for business owners by reducing working hours prescribed in Article 28-3; |
| 7. | Incentives for employment security during the period of childbirth and child care prescribed in Article 29 (1) 1 or 3; |
| 8. | Subsidies for business owners prescribed in subparagraphs 1 through 7 of Article 35; |
| 9. | Subsidies for expenses incurred in the operation of workplace child care centers prescribed in Article 38 (4). |
| (3) | If a business owner concurrently meets the requirements for granting subsidies to cover expenses prescribed in Article 17 (1) 1 and 2, only one of those subsidies shall be granted upon request by the business owner. <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011> |
| (4) | If a business owner who receives any of the subsidies prescribed in paragraph (3) meets the requirements for receiving any of the subsidies or incentives under paragraph (2) for the period when he/she receives the relevant subsidies, the amount calculated by multiplying the amount of the corresponding subsidies or incentives among those prescribed in paragraph (2) by the rate determined and publicly notified by the Minister of Employment and Labor shall be granted upon request by the business owner. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 27738, Dec. 30, 2016> |
| (5) | Where a business owner who is eligible to receive subsidies for the promotion of employment of seniors pursuant to Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) also satisfies the requirements for receiving subsidies for employment of seniors aged 60 years or older prescribed in Article 25-2, only one of those subsidies shall be granted upon request by the business owner. <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012> <<Period of Validity: refer to Article 2 (2) of the Addenda to this Decree>> |
| (6) | If a worker concurrently meets the requirements for at least two types of subsidies under Articles 28, 28-2, or 28-3, only one of those subsidies shall be granted upon choice of the relevant worker. <Amended by Presidential Decree No. 26690, Dec. 4, 2015> |
| Article 40-2 (Restrictions on Subsidization) |
"Cases prescribed by Presidential Decree" prescribed in Article 26-2 of the Act means where a business owner falls under any of the following by newly employing workers or by taking measures for retaining employees: | 4. | Other cases where a business owner receives financial assistance from the State or local governments. |
[This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011]
| Article 41 (Subsidization for business owners of Vocational Skills Development Training) |
| 1. | A training course for vocational skills development conducted for insured workers [excluding insured workers defined in subparagraph 1 (b) of Article 2 of the Act (hereinafter referred to as "insured self-employed worker")]; |
| 2. | A training course for vocational skills development offered for persons who are not insured, but employed by the relevant business owner; |
| 3. | A training course for vocational skills development offered for persons that are considered to be employed by the relevant business or any business relating to such business; |
| 4. | A training course for vocational skills development offered for persons who have registered themselves with an employment security office for finding a job; |
| 5. | A training course for vocational skills development offered for insured workers (excluding insured self-employed workers) employed by the relevant business during paid leave (which shall not be annual paid leave prescribed in Article 60 of the Labor Standards Act, but which means leave paid with the wage equal to, or greater than the ordinary wage prescribed in Article 6 of the Enforcement Decree of the Labor Standards Act (hereinafter referred to as "ordinary wage") for the period of leave granted in compliance with any of the following requirements: |
| (a) | A business owner of an enterprise eligible for preferential support or a business owner who employs less than 150 full-time workers shall grant paid leave of at least 5 consecutive days to his/her employees to enable them to attend the training course for at least 20 hours; |
| (b) | Any business owner falling under item (a) shall continuously grant paid leave of at least 30 days to the relevant workers to have them attend the training course for at least 120 hours and employ substitute workers; |
| (c) | Any business owner other than those falling under item (a) shall continuously grant paid leave of at least 60 days to workers who have been employed for one year or longer to have them attend the training course for at least 180 hours; |
| (d) | A business owner shall grant paid leave to workers who are engaged in production or any related work, as publicly notified by the Minister of Employment and Labor, in order to encourage them to improve the skills and techniques to have them attend the training course for at least 20 hours. |
| (2) | The amount of subsidies for vocational skills development training under paragraph (1) shall be calculated by multiplying training expenses (limited to expenses that meet the guidelines publicly notified by the Minister of Employment and Labor) by the rate publicly notified by the Minister of Employment and Labor, considering the size of business and other factors, and it shall be the sum of training allowances determined and publicly notified by the Minister of Employment and Labor in cases falling under paragraph (1) 3 and 4, but it shall be the sum of the amounts equivalent to part of the wages paid during the period of the paid leave and those paid to the substitute workers (limited to paragraph (1) 5 (b)) in cases falling under paragraph (1) 5 (the standards of the subsidies shall be determined and publicly notified by the Minister of Employment and Labor). In such cases, higher levels of the subsidies may be granted where vocational skills development training is conducted for workers who are engaged in production or any related jobs in order to encourage them to improve their skills and techniques or for workers who shall work under a shift work system after a business owner newly adopts a shift work system in which workers are divided into groups to work on a shift basis pursuant to Article 20 of the Act or a business owner increases the number of existing workers' groups for the shift work system (limited to the cases of operating not more than four workers' groups), as publicly notified by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 28160, Jun. 27, 2017> |
| (3) | “Person prescribed by Presidential Decree” referred to in Article 27 (2) 6 of the Act means a person falling under any of the following subparagraphs: <Amended by Presidential Decree No. 28160, Jun. 27, 2017> |
| 1. | Workers engaged in any production or production-related job who are publicly notified by the Minister of Employment and Labor to encourage them to improve their skills and techniques; |
| 2. | Workers determined and publicly notified by the Minister of Employment and Labor, to whom a shift work system is newly applied after a business owner newly adopts such shift work system under which the workers are divided into groups to work on a shift basis in order to realize job creation under Article 20 of the Act or after a business owner increases the number of existing workers' groups to a shift work system is applied (limited to the cases of operating not more than four groups); |
| 3. | Workers employed on the condition of receiving vocational skills development training and evaluation. |
| (4) | Where the Minister of Employment and Labor intends to preferentially assist a business owner who conducts vocational skills development training for workers falling under any subparagraphs of Article 27 (2) of the Act with expenses necessary for such training, he/she shall determine and publicly announce the level of such assistance in consideration of training expenses, wages paid to persons eligible to receive training and substitute workers during a period of their training, and other expenses necessary for such training. <Newly Inserted by Presidential Decree No. 28160, Jun. 27, 2017> |
| (5) | With respect to vocational skills development training, the extent of assisting training expenses training allowances, the maximum amount of assistance, the procedures for applying for assistance and other matters necessary for assistance shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 28160, Jun. 27, 2017> |
| Article 42 (Limits on Subsidization of Expenses) |
| (1) | The total amount of training expenses that a business owner is entitled to be subsidized on an annual basis under Article 28 of the Act shall be an amount equivalent to 100/100 (or 240/100 for an enterprise eligible for preferential support) of the insurance premium for the programs for employment security and for vocational skills development that a business owner shall pay among the employment insurance premium for the pertinent year, as prescribed in Articles 13 (1) 1 and 16-3 of the Insurance Premium Collection Act, or the insurance premium for the programs for employment security and for vocational skills development among the estimate-based insurance premium for employment insurance that a business owner shall pay for the pertinent year, as prescribed in Articles 13 (1) 1 and 17 (1) of the Insurance Premium Collection Act: Provided, That the limits on the total expenses that can be subsidized to a business owner who falls under any subparagraph of Article 18 (2) may be adjusted to 130/100 (or 300/100 for an enterprise eligible for preferential support) of the insurance premium for the programs for employment security and for vocational skills development among the employment insurance premium for the pertinent year to be borne by the business owner, or of the insurance premium for the programs for the employment security and for vocational skills development among the estimate-based insurance premium for employment insurance that the business owner shall pay for the pertinent year. <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 27352, Jul. 19, 2016> |
| (2) | Where a business owner conducts training courses recognized pursuant to Article 24 of the Act on the Development of Vocational Skills of Workers for workers employed for any business other than his/her own, up to an amount equivalent to 80/100 of the insurance premium for the programs for employment security and for vocational skills development among the employment insurance premium for the pertinent year to be borne by the business owner, or of the insurance premium for the programs for employment security and for vocational skills development among the estimate-based insurance premium for employment insurance to be borne by the business owner for the pertinent year may be subsidized to the business owner in addition to the subsidies under paragraph (1). <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 27352, Jul. 19, 2016> |
| (3) | Notwithstanding paragraphs (1) and (2), the minimum amount of subsidized expenses prescribed by the Minister of Employment and Labor shall be the amount of the subsidies, where the amount of the subsidies is less than the minimum amount of subsidized expenses prescribed by the Minister of Employment and Labor, considering the size and type of business. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Any of the following subsidies shall not be included in the upper limit of subsidies for vocational skills development training for which the relevant business owner is eligible pursuant to paragraphs (1) through (3): <Amended by Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 27352, Jul. 19, 2016> |
| 2. | Subsidies for the vocational skills development training prescribed in Article 41 (1) 3 and 4; |
| 3. | Subsidies for the vocational skills development training prescribed in Article 41 (1) 5 (a) and (b). In such cases, the amount of subsidies shall be limited to the amount corresponding to some of the wages paid during the paid leave and of the wages paid to substitute workers, which are subject to subsidization, as prescribed in paragraph (2) of the same Article. |
| (5) | Notwithstanding the provisions of paragraphs 2 through 4, a business owner for whom assistance for vocational skills development programs is restricted pursuant to Article 35 (3) of the Act shall not be governed by paragraphs 2 through 4 for three years from the insurance year to which the end date of the period of restriction on subsidies or loans pursuant to Article 55 (2) of the Act on the Development of Vocational Skills of Workers belongs. <Newly Inserted by Presidential Decree No. 26368, Jun. 30, 2015> |
| Article 43 (Subsidization for Development of Workers’ Vocational Skills) |
| (1) | Any of the following insured workers, etc. receives vocational skills development training, as prescribed in subparagraph 1 of Article 2 of the Act on the Development of Vocational Skills of Workers (hereinafter referred to as "vocational skills development training"), the Minister of Employment and Labor may, pursuant to Article 29 (1) of the Act, fully or partially subsidize expenses incurred, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26368, Jun. 30, 2015; Presidential Decree No. 28160, Jun. 27, 2017> |
| 1. | An insured worker, etc. employed by an enterprise eligible for preferential support; |
| 3. | An insured self-employed worker, etc.; |
| 4. | An insured worker, etc. who is scheduled to be severed from employment within 180 days from the date of filing of an application for employment training with the director of an employment security office; |
| 5. | An insured worker, etc. who is laid off for at least 90 days without pay due to worsening management conditions; |
| 6. | An insured worker, etc. aged 45 or over, who is employed by a large enterprise; |
| 7. | An insured worker, etc. who does not receive vocational skills development training conducted by an employer under Article 27 of the Act for at least three years; |
| (2) | Expenses required for the vocational skills development training prescribed in paragraph (1) may be paid to insured workers, etc. who receive such training or the institutions that conduct such training: Provided, That when an insured worker, etc. who receives training pays his/her training fees with a credit card prescribed in subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act and the credit card company who issued the credit card pays the training fees to the training institution, as prescribed by the Minister of Employment and Labor, the Minister of Employment and Labor may pay the training fees to the credit card company on behalf of the insured worker, etc. who receives training. <Newly Inserted by Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 28160, Jun. 27, 2017> |
| (3) | Necessary matters concerning the scope of training courses for which training expenses may be subsidized pursuant to paragraph (1) and the procedure for the subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 44 Deleted. <by Presidential Decree No. 23139, Sep. 15, 2011> |
| Article 45 (Granting Loans to Cover Skill Development Expenses) |
| (1) | Where an insured worker (insured self-employed workers shall be limited to those for whom 180 days have passed in aggregate since purchase of insurance as at the date of an announcement of credit business for the relevant year) is admitted to or enrolled in any of the following schools and facilities on his/her own account pursuant to Article 29 (1), the Minister of Employment and Labor may fully or partially grant a loan for the relevant school expenses within the budget: <Amended by Presidential Decree No. 20799, Jun. 5, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22356, Aug. 25, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| 2. | A lifelong education facility in the form of a distance learning college whose graduates shall be recognized as having an academic background and degree equivalent to that of graduates from a junior college, university, or college prescribed in Article 33 (3) of the Lifelong Education Act; |
| (2) | The Minister of Employment and Labor may fully or partially grant a loan to an insured worker who receives vocational skills development training within the budget: Provided, That the foregoing shall not apply to any of the following courses: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Activities of exchanging information, such as seminars and symposiums, or general culture courses on current affairs or general knowledge; |
| 2. | Courses provided as a hobby, pastime, or sports; |
| 3. | Other courses deemed inappropriate by the Minister of Employment and Labor as vocational skills development training courses. |
| (3) | The scope of the persons eligible for loans to help cover tuition fees incurred in a foreign language course as part of vocational skills development training under paragraph (2) shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | The interest rate on loans prescribed in paragraphs (1) through (3), the term of such loans, and other conditions of the loans shall be prescribed by the Minister of Employment and Labor, subject to prior consultation with the Minister of Strategy and Finance. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| (5) | Matters concerning the selection of the persons eligible for loans prescribed in paragraphs (1) through (3), the procedure for granting loans, and other matters necessary for granting such loans shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 46 (Subsidization of Expenses for Development of Abilities) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 29 (1) of the Act, pay all or some of the school expenses, within the budget, on behalf of insured workers of enterprises eligible for preferential support (excluding insured self-employed workers), who are admitted to or enrolled in a school or facility falling under any subparagraph of Article 45 (1) and who demonstrates excellent academic performance. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| (2) | Necessary matters concerning the selection of persons eligible for subsidization under paragraph (1), the amount and methods of such subsidization shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 47 (Assistance in Employment Training) |
| (1) | The Minister of Employment and Labor may provide vocational training courses for the unemployed that are deemed necessary for starting a business or finding jobs, as prescribed in Article 29 (2) of the Act: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013> |
| 1. | through 4. Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013> |
| (2) | The expenses incurred in connection with the training courses for employment under paragraph (1) may be paid to persons who attend such training courses or the institutions that provide such training courses: Provided, That where a person who receives training has paid training fees with credit cards prescribed in Article 2 of the Specialized Credit Financial Business Act, as prescribed by the Minister of Employment and Labor, and a credit card business entity who issued the credit card has paid the training fee to the training institution, the Minister of Employment and Labor may pay the training fee to the relevant credit card business entity on behalf of the trainee. <Amended by Presidential Decree No. 21152, Dec. 3, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Where an unemployed person who attends an employment training course prescribed in paragraph (1) is not eligible for job-seeking benefits prescribed in Article 43 (1) of the Act, the Minister of Employment and Labor may pay him/her the training allowance. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013> |
| (4) | The Minister of Employment and Labor may extend a loan to fully or partially cover training expenses to a person who was formerly insured, but am now unemployed and who attends the employment training course prescribed in paragraph (1). <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013> |
| (5) | Matters concerning the selection of persons eligible for loans prescribed in paragraph (4), procedures for extending such loans, the number of such loans extended, and other necessary matters for extension of such loans shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (6) | The institutions offering training courses for employment prescribed in paragraph (1) and other matters necessary for the implementation of employment training courses shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011> |
| Article 47-2 (Loan for Living Expenses during Vocational Skills Development Training) |
| (1) | "Low-income insured workers, etc. prescribed by Presidential Decree" in Article 29 (3) of the Act means any of the following persons: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 28160, Jun. 27, 2017> |
| 1. | An insured worker, etc. falling under any subparagraph of Article 27 (2) of the Act who meets the requirements for selection determined and publicly announced by the Minister of Employment and Labor, in consideration of the income level, the previous loan records, etc.; |
| 2. | A former insured worker, etc. (excluding a person who receives unemployment benefits under Chapter IV of the Act) who was unemployed when he/she applied for a loan for living expenses under Article 29 (3) of the Act, and meets the selection requirements determined and publicly announced by the Minister of Employment and Labor, in consideration of the income level of his/her spouse, the relationships with lineal descendants or ascendants, previous loan records, etc.; |
| 3. | An insured worker, etc. falling under subparagraph 1 (b) of Article 2 of the Act who meets the selection requirements determined and publicly announced by the Minister of Employment and Labor, in consideration of the income level, the previous loan record, etc. |
| (3) | The Minister of Employment and Labor shall determine whether to extend loans for living expenses incurred in the execution of vocational skills development training to an applicant who receives such training by verifying whether the applicant meets the eligibility for loans prescribed in paragraph (1). <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Matters concerning application for loans prescribed in paragraph (3), procedures for determining whether to extend loans, loan cancellation, the amount of loan and methods for repayment, etc. and other necessary matters concerning the operation of a loan mechanism shall be determined and publicly notified by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 48 (Loans for Expenses Incurred by Vocational Skills Development Training Facilities, etc.) |
| (1) | Pursuant to Article 30 of the Act, the Minister of Employment and Labor may grant a loan, within the budget, to a business owner, an employers' association, or a workers' association, which has conducted or intends to conduct vocational skills development training, a juristic person established with permission from the Minister of Employment and Labor for vocational skills development training pursuant to Article 32 of the Act on the Development of Vocational Skills of Workers, and a person who installs and operates a designated vocation training facility prescribed in subparagraph 3 (b) of Article 2 of the Act on the Development of Vocational Skills of Workers for the expenses incurred in installing vocational skills development training facilities and purchasing equipment for such facilities. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The interest rates on loans prescribed in paragraph (1), the term of such loans, and other conditions of the loans shall be prescribed by the Minister of Employment and Labor, subject to prior consultation with the Minister of Strategy and Finance. In such cases, a different interest rate may be set for the business owner of an enterprise eligible for preferential support, an employers' association of such enterprises, and a business owner or an employers' association that has implemented or intends to implement a vocational skills development program under Article 52 (1) 6. <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Necessary matters concerning loan limits to cover expenses prescribed in paragraph (1) and the procedure for the extension of such loans shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 49 (Subsidization of Vocational Skills Development Training Facilities, etc.) |
| (1) | Pursuant to Article 30 of the Act, the Minister of Employment and Labor may subsidize part of the expenses incurred in installing a facility or purchasing equipment, within the budget, where a business owner, employers' association, or federation of such organizations, independently or collaboratively, installs a facility for vocational skills development training or purchases equipment for such facility in order to conduct training in any of the occupations publicly notified by the Minister of Employment and Labor, including the preferentially selected types of occupation under Article 53 (2), or where a public organization that has installed a public vocational training facility pursuant to subparagraph 3 (a) of Article 2 of the Act on the Development of Vocational Skills of Workers improves or repairs an antiquated facility or purchases equipment. In such cases, a business owner who runs an enterprise eligible for preferential support, an employers' association of such enterprises, or a business owner or an employers' association that carries out vocational skills development programs prescribed in Article 52 (1) 6 may be granted preferential treatment. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Necessary matters concerning limits on and procedures for the subsidization prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 50 Deleted. <by Presidential Decree No. 20775, Apr. 30, 2008> |
| Article 51 (Subsidization of Qualification Testing Programs) |
| (1) | Pursuant to Article 31 (1) 2 of the Act, the Minister of Employment and Labor may fully or partially grant subsidies to cover expenses incurred in either of the following programs to a person who provides such program: <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | A qualification test program conducted by a business owner in order to improve skills of workers; |
| 2. | A program conducted by a testing institution for national technical qualifications prescribed in the National Technical Qualifications Act for convenience of insured workers in acquiring qualifications. |
| (2) | A qualification test program prescribed in paragraph (1) 1 shall meet each of the following requirements: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | The qualification test program shall be conducted by the relevant business owner, independently or collaboratively, for the workers employed by the relevant business or any business relating to such business; |
| 2. | The tested qualification shall be directly related to knowledge and skills required for the relevant business; |
| 3. | A rule shall be established and implemented to preferentially treat workers who acquire the relevant qualifications in promotion or rise in rank, or in pay; |
| 4. | No expense, including any testing fee, shall be charged in connection with the testing program to the workers who wish to acquire the relevant qualification; |
| 5. | No qualification test program shall be conducted for profit; |
| 6. | The program shall meet the requirements prescribed by Ordinance of the Ministry of Employment and Labor. |
| (3) | Necessary matters concerning application for subsidization of the expenses prescribed in paragraph (1) and the method of subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 52 (Promotion of Vocational Skills Development) |
| (1) | "Programs prescribed by Presidential Decree" referred to in Article 31 (1) 3 of the Act means the following projects: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22356, Aug. 25, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| 1. | Projects concerning surveys and research on vocational skills development programs; |
| 2. | Projects concerning education and public relations for vocational skills development programs; |
| 3. | Projects concerning the development, compilation, and distribution of medium for vocational skills development training; |
| 4. | Vocational skills development projects conducted collaboratively by an employers' association, workers’ association, or federation of such organizations; |
| 5. | Projects concerning support for the accreditation system for good enterprises in the development of human resources; |
| 6. | Vocational skills development projects conducted by a business owner, an employers' association, or a school prescribed in Article 2 of the Higher Education Act after entering into an agreement with two or more business owners who conduct vocational skills development training for their workers; |
| 10. | Vocational skills development training conducted in order to improve the performance of essential duties of a business owner or workers of an enterprise eligible for preferential support (which shall be limited to exceptional training programs determined by the Minister of Employment and Labor); |
| 11. | Vocational skills development projects conducted in order for workers of enterprises eligible for preferential support to have extended opportunities to obtain knowledge on their jobs or promote the systemization of their learning so that the knowledge on duties within such enterprises can be accumulated and shared easily; |
| 12. | Vocational skills development projects conducted to improve the skills of business owners or staff in charge of the development of human resources in enterprises eligible for preferential support for developing human resources; |
| 13. | Systematic support projects for on-site training for enterprises eligible for preferential support; |
| 14. | Deleted; <by Presidential Decree No. 22603, Dec. 31, 2010> |
| 15. | Other projects designed to promote vocational skills development. |
| (2) | Where the vocational skills development projects prescribed in paragraph (1) 6 are executed, the Minister of Employment and Labor shall directly grant to the implementers of the relevant vocational skills development projects the aggregated amount the ratio of which is determined and publicly notified by the Minister of Employment and Labor (hereafter referred to as "individual amount" in this paragraph) out of the maximum amount of the subsidies for annual training expenses for vocational skills development which each of the business owners who entered into agreement is entitled to receive pursuant to Article 42 (1) through (3). In such cases, such amount shall be deemed to have been subsidized for each of the business owners who entered into agreement, within the limit of subsidized expenses pursuant to Article 42 (1) through (3). <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012> |
| (3) | Necessary matters concerning application for the subsidization of expenses prescribed in paragraph (1) and the method of such subsidization shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23513, Jan. 13, 2012> |
| Article 53 (Implementation of Entrusted Training Programs for Development of Occupational Abilities) |
| (1) | When the Minister of Employment and Labor intends to entrust the execution of vocational skills development training programs pursuant to Article 31 (2) of the Act, he/she shall establish annual plans to implement the training vocational skills development programs which he/she intends to entrust. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | The programs for vocational skills development training prescribed in paragraph (1) shall be construed as vocational skills development training for occupations relating to the national infrastructure and strategic industries pursuant to Article 15 of the Act on the Development of Vocational Skills of Workers (hereinafter referred to as "training for occupations relating to the national infrastructure and strategic industries"). <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
| (4) | Matters necessary for the performance of training for occupations relating to the national infrastructure and strategic industries, such as trainees, training procedures, training expenses and allowances, etc. of the training for occupations relating to the national infrastructure and strategic industries shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| Article 54 (Subsidization of Vocational Skills Development of Construction Workers) |
| (1) | Where a business owner of a construction business or employers' association conducts vocational skills development training in order to develop and improve vocational skills of construction workers who are not employed at a specific place of business, as determined and publicly notified by the Minister of Employment and Labor, the Minister of Employment and Labor may, pursuant to Article 32 of the Act, partially subsidize expenses incurred therein, and may also subsidize expenses incurred in training, where a training allowance is paid to such construction workers during the training period. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | As to the subsidization of the training expenses for vocational skills development prescribed in paragraph (1), Article 41 (2) shall apply mutatis mutandis. |
| Article 55 (Support for Local Governments and Others) |
| (2) | Where a local government or a non-profit juristic person or organization, as prescribed in paragraph (1) carries out a project for employment security and promotion of employment of insured workers in its area and the vocational skills development, the Minister of Employment and Labor may, pursuant to Article 34 of the Act, subsidize all or part of the expenses of such project within the budget. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The Minister of Employment and Labor shall, when he/she intends to subsidize expenses pursuant to paragraph (2), issue a prior public announcement of the type and details of the eligible projects, the requirement, details, and standards of such subsidization, and the methods of application for such subsidization. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 56 (Restrictions on Granting of Subsidies on Account of Improper Acts) |
| (1) | Where a person has received, or intends to receive, any of the subsidies or incentives specified in Articles 17, 19, 22, 24, 25, 25-2, 26, 28, 28-2, 28-3, 29, 33, 35 through 37, 37-2, 38, and 55 by fraud or other improper means, the Minister of Employment and Labor shall not grant, pursuant to Article 35 (1) of the Act, the unpaid amount of the subsidies or incentives that the person intends to receive, and shall also order such person to return the subsidies or incentives that have already been paid to him/her by fraud or other improper means. <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25955, Dec. 31, 2014; Presidential Decree No. 27352, Jul. 19, 2016; Presidential Decree No. 27738, Dec. 30, 2016> |
| (2) | With respect to a person that has received, or intends to receive, any of the subsidies or incentives specified in paragraph (1) by fraud or other improper means as referred to in Article 35 (1) of the Act, the Minister of Employment and Labor shall impose restrictions on the payment of subsidies or incentives during the period specified in attached Table 2 in relation to any subsidy or incentive that falls under any of the subsidies or incentives specified in paragraph (1) that are to be newly granted, within one year from the date the Minister has issued an order to return or restricted the payment thereof under paragraph (1): Provided, That the period of the aforementioned payment restriction may be reduced up to one third of the said period of payment restriction, considering the extent of such impropriety, motivation, results, etc. <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 27738, Dec. 30, 2016> |
| (3) | A person who receives an order to return under paragraph (1) (including an order for an additional payment under Article 35 (2) of the Act; the same shall apply hereafter in this Article) shall pay the notified amount within 30 days from the date a notice thereof is issued to him/her. In such cases, such payment shall be made in lump sum, but it may be paid in installments, as determined by the Minister of Employment and Labor, where the amount of payment exceeds ten million won. <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| (4) | Where a person who was ordered to return subsidies under paragraphs (1) and (3), or Article 56 of the Act on the Development of Vocational Skills of Workers (limited to orders to return the amount subsidized or loaned through the employment insurance fund) fails to meet such obligation to return within the given period, no subsidies or incentives specified in the Act or training expenses for vocational skills development specified in the Act on the Development of Vocational Skills of Workers shall be paid to him/her from the date such period ends until the date the obligation to return is fulfilled. <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22356, Aug. 25, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 27738, Dec. 30, 2016> |
| Article 57 (Vicarious Execution of Business Affairs) |
| (1) | "Any person prescribed by Presidential Decree" referred to in Article 36 of the Act means the following: <Amended by Presidential Decree No. 22356, Aug. 25, 2010> |
| (2) | When the Minister of Employment and Labor commissions a person to carry out any of his/her business affairs on his/her behalf pursuant to Article 36 of the Act, he/she shall subsidize the expenses incurred in carrying out such affairs through the fund. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
CHAPTER IV UNEMPLOYMENT BENEFITS
| Article 58 (Decision and Notice of Payment of Unemployment Benefits) |
The head of an employment security office shall, after deciding whether to pay unemployment benefits, give notice of the decision in writing to the applicant: Provided, That a notice of a decision to pay unemployment benefits may be substituted by the issuance of a certificate of eligibility for benefits of the employment insurance prescribed in Article 62, and where the applicant agrees, such notice may be delivered through information and communications network. <Amended by Presidential Decree No. 27738, Dec. 30, 2016>
| Article 58-2 (Unemployment Benefit Receipt Accounts) |
| (1) | “Other unavoidable cause prescribed by Presidential Decree” in the proviso to Article 37-2 (1) of the Act means satisfying all of the following requirements: |
| 1. | That an eligible recipient is a person who falls under subparagraph 8 of Article 65 and resides in an area having no available financial institutions; |
| 2. | That it is impracticable to pay unemployment benefits to the eligible recipient through a financial institution for the reason prescribed in subparagraph 1 within 14 days after the date of filing an application for unemployment benefits. |
| (2) | If it is impracticable to transfer unemployment benefits to a designated account opened in the name of the eligible recipient under the main sentence of Article 37-2 (1) of the Act (hereinafter referred to as “unemployment benefit receipt account”) due to any failure in the information and communication system or for the reason prescribed in paragraph (1) under the proviso to Article 37-2 (1) of the Act, the head of the employment security office may pay the amount of the unemployment benefits in cash directly to the eligible recipient. |
| (3) | The head of an employment security office shall give notice to an applicant who applied for recognition of eligibility for benefits, as prescribed in Article 61 of the fact that he/she can receive the relevant unemployment benefits through the unemployment benefit receipt account at his/her own choice. |
[This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015]
| Article 58-3 (Amount of Unemployment Benefits Unseizable) |
[This Article Newly Inserted by Presidential Decree No. 26208, Apr. 20, 2015]
| Article 59 (Preparation of Benefit Ledger) |
| (1) | The head of an employment security office shall, when paying unemployment benefits, prepare a benefit ledger for each recipient to whom unemployment benefits are paid. |
| (2) | The head of an employment security office shall, upon receipt of a request from a person who has any relation with the insurance, allow him/her to inspect the benefit ledger, and shall issue a certificate thereof, if deemed necessary. |
| Article 60 (Grounds for Extension of Standard Period) |
"Other grounds prescribed by Presidential Decree" referred to in Article 40 (2) of the Act means the following: Provided, That the acceptance of money and valuables prescribed by the Minister of Employment and Labor pursuant to the proviso to subparagraph 5 of Article 2 of the Act shall be excluded herefrom: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | Business suspension of a place of business; |
| 2. | Leave related to pregnancy, childbirth, or child care; |
| 3. | Other grounds determined and publicly notified by the Minister of Employment and Labor as layoff or any other similar situation. |
| Article 61 (Application for Job and Application for Recognition of Eligibility for Benefits) |
| (2) | A person who filed an application for a job pursuant to paragraph (1) shall file an application for recognition of eligibility for benefits with the head of an employment security office having jurisdiction over his/her place of residence, and he/she may do so with the head of a relevant employment security office in any of the following cases: <Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012> |
| 1. | Where he/she intends to do so with the head of an employment security office having jurisdiction over the area in which the applicant wishes to find a job; |
| 2. | Where he/she intends to do so with the head of an employment security office having jurisdiction over the place of business in which the applicant worked before severance of his/her employment; |
| 3. | Where he/she intends to do so with the head of an employment security office having jurisdiction over the area nearby in which transportation is deemed more convenient than that of an employment security office having jurisdiction over his/her place of residence. |
| (3) | If there is a certificate of severance issued by the business owner under Article 16 (2) of the Act, a person who intends to file a report on his/her unemployment status pursuant to paragraph (1) shall submit the certificate to the head of a competent employment security office of his/her domicile: Provided, That the foregoing shall not apply where it is impracticable for the certificate of severance to be issued because the whereabout of the business owner who the person whose employment was severed is not clearly known or any unavoidable cause exists to the contrary. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (4) | The head of the employment security office (hereinafter referred to as an "employment security office having jurisdiction over the place of application") shall, upon receipt of an application for recognition of eligibility for benefits pursuant to paragraph (2), designate the date the person is required to appear in the employment security office to obtain recognition of his/her unemployment status pursuant to Article 44 (2) of the Act (hereinafter referred to as "unemployment recognition date") and shall give notice of such date to the reporting person. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| Article 62 (Recognition of Eligibility for Benefits) |
| (1) | Where an applicant who has filed an application for recognition of eligibility for benefits is recognized as being eligible for the job-seeking benefits, as prescribed in Article 43 (1) of the Act, the head of an employment security office shall, upon receipt of the application for recognition of eligibility for benefits pursuant to Article 61, issue a certificate of eligibility for benefits of the employment insurance (hereinafter referred to as "certificate of eligibility") at the initial date of recognition of unemployment. |
| (2) | If a person who has filed an application for recognition of eligibility for benefits is not recognized as eligible for job-seeking benefits prescribed in Article 43 (1) of the Act, the head of an employment security office shall give notice of such fact to the applicant. |
| (3) | An eligible recipient shall, if the certificate of eligibility issued to him/her pursuant to paragraph (1) is worn out or lost, file an application for re-issuance thereof with the head of the competent employment security office in his/her place of application. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (4) | An eligible recipient shall, when his/her name, resident registration number, address, or abode changes or is corrected, report such change to the head of the competent employment security office in his/her place of application. In such cases, the head of the competent employment security office shall modify the relevant information contained in the certificate of eligibility and return it. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (5) | A person who holds a certificate of eligibility issued pursuant to paragraph (1) may request the head of the employment security office that recognized the eligibility for benefits to issue the statement of recognition of eligibility for benefits, which constituted the basis for recognition of eligibility for benefits. |
| Article 63 (Recognition of Unemployment Status) |
| (1) | If an eligible recipient desires to have his/her unemployment status recognized pursuant to Article 44 (2) of the Act, he/she shall make an appearance before the competent employment security office in his/her place of application on the date of unemployment recognition to fill out an application form for recognition of unemployment with the details of his/her re-employment activities from the day immediately following the previous date of unemployment recognition until the relevant unemployment recognition date and submit it, along with the certificate of eligibility. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (2) | The head of an employment security office shall, if he/she recognizes unemployment pursuant to paragraph (1), return the certificate of eligibility stating such fact. |
| (3) | Standards for the recognition of re-employment activities referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 64 (Exceptional Grounds for Recognition of Unemployment) |
| 1. | Where a natural disaster occurs; |
| 2. | Where the rate calculated by dividing the number of applicants for recognition of eligibility for job-seeking benefits during a month by the number of insured workers as of the end of the month (hereinafter referred to as "eligibility application rate") exceeds 1/100 for two consecutive months; |
| Article 65 (Special Exception to Recognition of Unemployment Status) |
"Other eligible recipients prescribed by Presidential Decree" in Article 44 (2) 3 of the Act means any of the following persons: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 27738, Dec. 30, 2016> | 1. | A person who appears at the competent employment security office which falls under the jurisdiction in his/her place of application by no later than the day immediately before the unemployment recognition date to file an application to change the unemployment recognition date because he/she is unable to appear at the center on the unemployment recognition date due to employment, an interview with a potential employer, or any other unavoidable cause; |
| 2. | A person who was unable to appear at the competent employment security office which falls under the jurisdiction in his/her place of application by no later than the unemployment recognition date or the day immediately before the date due to employment, an interview with a potential employer, or any other unavoidable cause, but appears at the center within 14 days from the date such ground ceases to exist to file an application to change the unemployment recognition date; |
| 3. | A person who was unable to appear at the competent employment security office by no later than the unemployment recognition date or the day immediately before the date because he/she had been employed continuously for a period of at least seven days, but files an application for recognition of unemployment via mail, facsimile, the information communication network, etc. within two months from the date he/she had been employed, along with a document that proves the date of employment: Provided, That when the acquisition of his/her insured status is reported under Article 15 of the Act as at the date of filing the application for unemployment recognition, a document that proves the date of employment may be omitted; |
| 4. | A person who was unable to appear at the competent employment security office on the unemployment recognition date due to mistake, but appears within 14 days from the unemployment recognition date to file an application to change the unemployment recognition date (which shall be allowed only once during the duration of unemployment benefits for the relevant eligible recipient prescribed in Article 48 of the Act); |
| 5. | A person in whose case the head of the competent employment security office deems that it is appropriate to change the unemployment recognition date for any of the following reasons: |
| (c) | Where any other extenuating circumstances exist; |
| 6. | A person in whose case the disposition concerning unemployment benefits is cancelled or altered by an examination, review, or lawsuit prescribed in Article 87 (1) of the Act or at the discretion of the head of the competent employment security office; |
| 7. | A person whose employment within 30 days from the unemployment recognition date has been finally confirmed; |
| 8. | A person who resides in islands (excluding the main island of Jeju Special Self-Governing Province and islands that are connected to land by breakwaters or bridges, etc.) and files an application for special exception to the recognition of unemployment; |
| 9. | A person who is deemed eligible by the head of an employment security office to file a report to ascertain whether or not he/she conducts re-employment activities and earns any income therefrom directly via the information and communications network. |
| Article 66 (Recognition of Unemployment with Certificates) |
| (1) | If an eligible recipient intends to have his/her unemployment status recognized pursuant to Article 44 (3) 1, 2, or 4 of the Act, he/she shall appear at the competent employment security office in his/her place of application within 14 days after the relevant ground ceases to exist and shall file an application for the recognition of unemployment, along with the certificate of eligibility and a certificate stating the reason he/she was unable to appear. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (2) | Necessary matters concerning information to be entered into the certificate prescribed in paragraph (1) and the issuers of such certificate shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | If an eligible recipient intends to have his/her unemployment status recognized pursuant to Article 44 (3) 3 of the Act, he/she shall file an application for the recognition of unemployment with the head of a competent employment security office, along with the certificate of eligibility and a certificate issued by an institution conducting vocational training in person or through his/her agent. |
| Article 67 (Measures for Promoting Employment of Eligible Recipient) |
"Steps to facilitate reemployment of eligible recipients, such as assistance in reemployment planning and job placement, as prescribed by Presidential Decree" referred to in the former part of Article 44 (4) of the Act means the following measures necessary for promoting employment of eligible recipients: | 1. | Assistance in reemployment planning; |
| 2. | Guidance and education on the insurance, including unemployment benefits; |
| 3. | In-depth counselling and guidance on matters that shall be prepared in advance for reemployment, including occupational aptitude tests and furnishing occupational information; |
| 4. | Guidance on how to engage in re-employment activities, including tips for searching and utilizing job information, such as job offers and training, how to write a resume and have an interview; |
| 5. | Providing information on jobs, offering jobs, having interviews in company, and providing opportunities to participate in employment-related events; |
| 6. | Measures necessary for promoting re-employment, including counselling on whether any training is required, providing information on proper training courses, and giving instructions on training. |
| Article 68 (Maximum Amount of Daily Basic Wage used as Basis for Calculation of Benefits) |
| (1) | The daily wage which constitutes the basis for the calculation of job-seeking benefits, as prescribed in Article 45 (5) of the Act shall be 120,000 won, if it exceeds 120,000 won. <Amended by Presidential Decree No. 25955, Dec. 31, 2014; Presidential Decree No. 27966, Mar. 27, 2017; Presidential Decree No. 28504, Dec. 26, 2017> |
| (2) | The Minister of Employment and Labor shall consider changing the relevant amount, if he/she finds it necessary to adjust the amount in light of the inflation rate, business fluctuations, and the rate of wage inflation after the amount determined under paragraph (1) is applied. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 69 (Provision of Labor, etc.) |
| (1) | An eligible recipient shall, if he/she has provided labor pursuant to Article 47 (1) of the Act, enter the fact into an application for recognition of unemployment, when he/she files an application on the initial unemployment recognition date after the day he/she provided labor. |
| (2) | Criteria for determining whether the provision of labor under paragraph (1) amounts to employment shall be set forth by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 70 (Reasons for Extension of Benefit Period) |
"Other reasons prescribed by Presidential Decree" in Article 48 (2) of the Act means the following: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011> | 1. | Illness or injury of an eligible recipient (excluding illness or injury for which sickness benefits are paid pursuant to Article 63 of the Act); |
| 2. | Illness or injury of the eligible recipient's spouse; |
| 3. | Illness or injury of a lineal ascendant or descendant of the eligible recipient or his/her spouse; |
| 4. | Change of an eligible recipient's dwelling for cohabitation purposes following his/her spouse's receipt of an order to work abroad; |
| 6. | Detention on account of an alleged crime or execution of a sentence (excluding persons ineligible for benefits pursuant to subparagraph 1 (a) of Article 58 of the Act); |
| 7. | Grounds that correspond to the provisions of subparagraphs 1 through 6, as specified by Ordinance of the Ministry of Employment and Labor. |
| Article 71 (Reporting on Postponement of Benefit Period) |
| (1) | A person who intends to report the fact that he/she is unable to obtain a job pursuant to Article 48 (2) of the Act shall file an application for the postponement of the benefit period to the head of a competent employment security office in his/her place of application within the benefit period in person or through his/her agent, along with the certificate of eligibility (applicable only where he/she holds a certificate of eligibility): Provided, That if a natural disaster occurs, he/she performs his/her military service as prescribed in the Military Service Act, or any other ground exists beyond his/her control, the report shall be submitted within 30 days from the day such ground ceases to exist. <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012> |
| (3) | If the head of an employment security office recognizes that the report submitted under paragraph (1) falls under any ground for the postponement of the benefit period, he/she shall deliver a notice of such postponement of the benefit period to the reporting person, describe the details as required in the certificate of eligibility, and return it to the person. <Amended by Presidential Decree No. 23513, Jan. 13, 2012> |
| (4) | If the ground for the postponement of the benefit period ceases to exist or there is any change in such contents as specified by Ordinance of the Ministry of Employment and Labor among the contents described in the application for the postponement of the benefit period, the person shall, upon receipt of a notice of the postponement of the benefit period as prescribed in paragraph (3), report such fact forthwith to the head of the competent employment security office in his/her place of application, and shall submit the notice of the postponement of the benefit period and the certificate of eligibility to him/her. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012> |
| (5) | The head of the competent employment security office shall, upon receipt of a report under paragraph (4), describe the relevant facts in the notice of postponement of the benefit period and the certificate of eligibility and return it to the reporting person. <Amended by Presidential Decree No. 23513, Jan. 13, 2012> |
| Article 72 (Payment of Training Extension Benefits) |
| Article 73 (Payment, etc. of Individually Extended Benefits) |
| (1) | "Person prescribed by Presidential Decree" in Article 52 (1) of the Act means an eligible recipient who meets each of the following requirements: <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | A person who has applied for jobs referred by the head of the competent employment security office (including cases where a person participates in an in-depth consultation or group consultation conducted by the head of the employment security office) on three or more occasions from the date he/she reported his/her unemployment status under Article 42 (1) of the Act until the payment of job-seeking benefits ends, but fails to obtain a job, and who has family members falling under any of the following to support: |
| (a) | Person aged less than 18 years or more than 65 years old; |
| (c) | Patient who is required to receive medical treatment for one month or longer; |
| (d) | Spouse who has no income; |
| (e) | A person currently pursuing his/her studies, who is determined and publicly announced by the Minister of Employment and Labor; |
| 2. | Deleted; <by Presidential Decree No. 22026, Feb. 8, 2010> |
| 3. | A person whose daily basic wage used as a basis for computation of benefits and aggregate assets owned by him/her and his/her spouse do not meet the standards determined and publicly notified by the Minister of Employment and Labor, respectively. |
| (2) | The maximum number of days of payment of individually extended benefits shall be 60 days as specified in Article 52 (2) of the Act, and the period of such payment may be less than 60 days according to the standards determined by the Minister of Employment and Labor, considering repeated receipt of unemployment benefits within a given period of time. <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
| (3) | An eligible recipient who intends to receive individually extended benefits under Article 52 of the Act shall file an application for individually extended benefits with the head of the competent employment security office in his/her place of application by no later than the end of the days eligible for job-seeking benefits, along with his/her certificate of eligibility. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (4) | Matters necessary for the payment of individually extended benefits referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 74 (Payment of Specially Extended Benefits) |
"Circumstances prescribed by Presidential Decree" in the main sentence of Article 53 (1) of the Act means any of the following circumstances: Provided, That in the case of subparagraphs 1 through 3, the foregoing shall not apply where such trend is expected to continue: <Amended by Presidential Decree No. 21348, Mar. 12, 2009> | 1. | Where the rate calculated by dividing the number of persons who received job-seeking benefits each month (excluding the number of persons who received the training extension benefits, the individually extended benefits, or the specially extended benefits under Article 51 through 53 of the Act) by the number of insured workers as of the end of the month exceeds 3/100 for three consecutive months; |
| 2. | The rate of applications filed for benefits each month exceeds 1/100 for three consecutive months; |
| 3. | Where the monthly unemployment rate exceeds 6/100 for three consecutive months; |
| 4. | Where the Deliberative Council on Employment Policy passes a resolution approving payment of specially extended benefits prescribed in Article 53 of the Act due to a rapid deterioration in the employment situation following a rapid rise, etc. in unemployment. |
| Article 74-2 (Procedures, etc. for Subsidization of National Pension Premiums) |
| (2) | Where the Minister of Employment and Labor receives the notification under paragraph (1), he/she shall pay the relevant amount to the National Pension Service. |
| (3) | The Minister of Employment and Labor may request the National Pension Service to submit data necessary for verifying whether the amount paid pursuant to paragraph (2) was used appropriately. In such cases, the National Pension Service shall comply therewith, unless in extenuating circumstances. |
[This Article Newly Inserted by Presidential Decree No. 27352, Jul. 19, 2016]
| Article 75 (Procedure for Payment of Job-Seeking Benefits) |
| (1) | Each eligible recipient shall designate a financial institution and account (referring to an unemployment benefit receipt account if he/she intends to receive job-seeking benefits through his/her unemployment benefit receipt account under the main sentence of Article 37-2 (1) of the Act; hereafter the same shall apply in this Article) through which he/she intends to receive job-seeking benefits and shall report them to the competent employment security office in his/her place of application on the date of initial unemployment recognition he/she makes an appearance at the office. The foregoing shall also apply to any intended modifications of the reported financial institution or account. <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 26208, Apr. 20, 2015> |
| (2) | Job-seeking benefits shall be paid by depositing them into the account of the eligible recipient's designated financial institution. |
| Article 76 (Claim for Unpaid Job-Seeking Benefits) |
| (1) | A person who intends to claim the payment of the job-seeking benefits not paid under Article 57 (1) of the Act (hereinafter referred to as "claimant for benefits payable") shall file a written claim for unemployment benefits payable with the head of the competent employment security office having jurisdiction over the place of application of the deceased eligible recipient. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (2) | A claimant for unemployment benefits payable who intends to have the unemployment status of the deceased eligible recipient recognized under Article 57 (2) of the Act shall make an appearance at the competent employment security office having jurisdiction over the place of application of the deceased eligible recipient to file a written claim for unemployment benefits payable and to have the unemployment status of the eligible recipient recognized. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (3) | A claimant for benefits payable shall, when he/she files a written claim for unemployment benefits payable, submit reports or documents that the deceased eligible recipient should have submitted if the deceased eligible recipient intended to receive job-seeking benefits. |
| Article 77 (Application Mutatis Mutandis) |
With respect to the procedure for the payment of job-seeking benefits to a claimant for benefits payable, Article 75 shall apply mutatis mutandis. In such cases, "competent employment security office having jurisdiction over the place of application" shall be construed as "competent employment security office having jurisdiction over the place of application of the deceased eligible recipient;" and "eligible recipient" as "claimant for benefits payable." <Amended by Presidential Decree No. 23139, Sep. 15, 2011>
| Article 78 Deleted. <by Presidential Decree No. 26368, Jun. 30, 2015> |
| Article 79 (Procedure for Suspension of Payment of Job-Seeking Benefits) |
| (1) | The head of an employment security office shall give prior notice to any of the following persons that the payment of job-seeking benefits may be suspended, as prescribed by Ordinance of the Ministry of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | An eligible recipient who refuses to accept a job offered by the head of an employment security office pursuant to Article 60 (1) of the Act; |
| 2. | An eligible recipient who refuses to receive vocational skills development training etc., instructed by the head of an employment security office pursuant to Article 60 (1) of the Act; |
| 3. | An eligible recipient who refuses to comply with the steps taken by the head of an employment security office to facilitate re-employment pursuant to Article 60 (2) of the Act. |
| (2) | Notwithstanding the notice given pursuant to paragraph (1), the head of any employment security office shall suspend the payment of job-seeking benefits where an eligible recipient rejects a job offered or vocational skills development training required pursuant to Article 60 (1) or (2) of the Act on two or more occasions. |
| (3) | The head of an employment security office shall, when he/she suspends the payment of job-seeking benefits pursuant to paragraph (2), inform the eligible recipient of the grounds for and period of the suspension of payment by no later than the day immediately preceding the next unemployment recognition date, and the eligible recipient shall not be deemed unemployed during such period of suspension of payment. |
| Article 80 (Improper Acts for which Restriction on Payment of Job-Seeking Benefits is Relaxed) |
"Grounds prescribed by Presidential Decree" in the main sentence of Article 61 (2) of the Act means either of the following cases under which an eligible recipient falls: | 1. | Where the eligible recipient fails to report a fact that he/she has provided his/her labor during a period for which he/she intends to have his/her unemployment status recognized (hereafter referred to as "period of eligibility for recognition of unemployment" in this Article) or makes any untrue statements in filing an application for recognition of unemployment; |
| 2. | Where the eligible recipient makes any untrue statements on his/her re-employment activities during the period eligible for recognition of unemployment in filing an application for recognition of unemployment. |
| Article 81 (Return of Job-Seeking Benefits) |
| (1) | When the head of an employment security office makes a decision to restrict the payment of job-seeking benefits, have job-seeking benefits returned, or collect an amount equivalent to the amount of job-seeking benefits pursuant to Article 61 or 62 of the Act, he/she shall inform the relevant eligible recipient (including the business owner under Article 62 (2) of the Act) of his/her decision without delay. |
| (2) | A person against whom an order to return job-seeking benefits or pay an amount equivalent to the amount of job-seeking benefits is issued pursuant to paragraph (1) shall pay the amount within 30 days of his/her receipt of such notice: Provided, That if the amount that he/she shall pay is equivalent to or exceeds the amount prescribed by the Minister of Employment and Labor, and upon his/her request, he/she may be allowed to pay it in installments. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | The procedures and deadline for the payment in installments prescribed in the proviso to paragraph (2) shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 82 (Claims for Payment of Sickness Benefits and Exceptions to Payment) |
| (1) | An eligible recipient that intends to claim sickness benefits, as prescribed in Article 63 (1) of the Act, shall file a written claim for the sickness benefits with the head of the competent employment security office in his/her place of application in person or through his/her agent within 14 days from the day the cause or event that prevents him/her from obtaining a job ceases to exist (or 30 days from the end of the benefit period, where the benefit period prescribed in Article 48 of the Act ends during the period in which he/she is unable to obtain a job), along with the certificate of eligibility and a certificate of his/her illness, injury, or childbirth: Provided, That if a natural disaster occurs or if any other unavoidable circumstances exist, the application shall be filed within seven days from the date such cause or event ceases to exist. <Amended by Presidential Decree No. 23139, Sep. 15, 2011> |
| (2) | "Compensation or benefits prescribed by Presidential Decree" referred to in Article 63 (4) of the Act means the following compensation and benefits: |
| 2. | Compensation prescribed in Article 8 of the Act on Honorable Treatment of and Support for Persons Who Died or Was Injured for Public Good. |
| Article 83 (Application Mutatis Mutandis) |
Articles 69 and 75 through 81 shall apply mutatis mutandis to sickness benefits. In such cases, "application for recognition of unemployment" in Article 69 shall be construed as "written claim for sickness benefits;" and "job-seeking benefits" in Articles 75 through 81 as "sickness benefits".
| Article 84 (Standards for Payment of Early Re-Employment Allowances) |
| (1) | "Standards prescribed by Presidential Decree" in Article 64 (1) of the Act means any of the following circumstances under which an eligible recipient falls, where the eligible recipient is reemployed before 1/2 of the days of benefits payable prescribed in Article 50 of the Act passes as at the day preceding the date of reemployment after the waiting period prescribed in Article 49 of the Act has elapsed: <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 25022, Dec. 24, 2013> |
| 1. | Where an eligible recipient has been employed for at least twelve consecutive months: Provided, That this shall exclude cases where the eligible recipient is reemployed by a business owner prescribed by Ordinance of the Ministry of Employment and Labor, who most recently severed the employment of the eligible recipient or is related to such business owner, or where the eligible recipient is employed by a business owner who promised employment prior to the date of filing a report on unemployment prescribed in Article 42 of the Act; |
| 2. | Where an eligible recipient has engaged in his/her own business for at least twelve consecutive months. In such cases, the foregoing shall apply only where the eligible recipient is recognized as unemployed by filing a report on his/her activities made in preparation for engaging in such business during the duration of benefits as re-employment activities, as prescribed in Article 44 (2) of the Act. |
| Article 85 (Amount of Early Re-employment Allowance) |
| (1) | The amount of early re-employment allowances prescribed in Article 64 (3) of the Act shall be calculated by multiplying the amount of his/her daily job-seeking benefits by 1/2 of the number of days when benefits remain outstanding. |
| (2) | Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013> |
[This Article Wholly Amended by Presidential Decree No. 22026, Feb. 8, 2010]
| Article 86 (Claim for Early Re-employment Allowances) |
| (1) | An eligible recipient who intends to receive the early re-employment allowances prescribed in Article 64 of the Act shall file a written claim for early re-employment allowances with the head of the competent employment security office falls under the jurisdiction in his/her place of application, along with the documents specified by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012> |
| (2) | The written claims for early re-employment allowances prescribed in paragraph (1) shall be filed twelve months after the date an eligible recipient finds a stable job or starts his/her own business for profit under Article 64 (1) of the Act. <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 25022, Dec. 24, 2013> |
| (3) | Article 75 shall apply mutatis mutandis to the procedures for the payment of the early re-employment allowances. |
| Article 87 (Incentives for Activities for Promoting Re-employment) |
| (1) | Where an employee of an employment security office takes any of the measures referred to in Article 67 to provide a stable job to a recipient so that the recipient is re-employed before the end of the days of benefits payable, the Minister of Employment and Labor may grant the incentives for activities for promoting re-employment within the budget after evaluating such performance pursuant to Article 64 (5) of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Necessary matters concerning the evaluation of performance for granting the incentives for activities for promoting re-employment prescribed in paragraph (1), the selection of persons eligible for the grant, and the method for paying and amount of the grant shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 88 (Allowances for Vocational Skills Development) |
| (1) | Vocational skill development allowances prescribed in Article 65 (3) of the Act shall be paid for the days for which an eligible recipient has received vocational training, etc., as instructed by the head of an employment security office and for which the eligible recipient shall be eligible for job-seeking benefits. |
| (2) | The amount of vocational skill development allowances prescribed in paragraph (1) shall be determined and publicly notified by the Minister of Employment and Labor, considering expenses incurred in receiving vocational skills development, including travel expenses and meals. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | Vocational skill development allowances shall be paid on the day set for the payment of job-seeking benefits to the relevant eligible recipient. In such cases, Article 75 shall apply mutatis mutandis to the procedure for the payment of vocational skill development allowances. |
| (4) | The procedure for claiming vocational skill development allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 89 (Long-Distance Job Search Allowances) |
| (1) | A long-distance job search allowances prescribed in Article 66 (1) of the Act shall be paid where an eligible recipient meets all the following requirements: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | The business owner of the place of business to which the eligible recipient visits for job-seeking activities does not pay allowances incurred in connection with job-seeking activities or pays less than such long-distance job search allowances; |
| 2. | The distance from the eligible recipient's domicile to the place of business to which he/she visits for job-seeking activities is equivalent to or exceeds the distance specified by Ordinance of the Ministry of Employment and Labor. In such cases, the distance shall be calculated according to the ordinary distance from the domicile to the place of business, but the distance of a waterway shall be regarded twice as far as the actual distance. |
| (2) | The procedure for claiming long-distance job search allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, Article 75 shall apply mutatis mutandis to the procedure for payment of long-distance job search allowances. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 90 (Relocation Allowances) |
| (1) | Relocation allowances prescribed in Article 67 (1) of the Act shall be payable to an eligible recipient who meets all the following requirements: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011> |
| 1. | The eligible recipient obtains a job or attends an occupational training course and the head of a competent employment security office in his/her place of application confirms that it is necessary for the eligible recipient to relocate pursuant to the criteria prescribed by the Minister of Employment and Labor; |
| 2. | The business owner who employs the eligible recipient fails to pay relocation expenses or pays less than relocation allowances; |
| 3. | The term of the employment contract shall not be less than one year, if required to move for employment. |
| (2) | The procedure for claiming relocation allowances shall be prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, Article 75 shall apply mutatis mutandis to the procedure for payment of relocation allowances. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 91 (Improper Acts for which Restrictions on Payment of Allowances for Promotion of Employment is Relaxed) |
| Article 92 (Application Mutatis Mutandis) |
Articles 76 (1) and (3) and 81 shall apply mutatis mutandis to the allowance for promotion of employment prescribed in Articles 64 through 67 of the Act. In such cases, "job-seeking benefits" shall be construed as "allowance for promotion of employment"; "eligible recipient" as "person eligible for the payment of allowance for promotion of employment"; and "amount of job-seeking benefits" as "amount of the allowance for promotion of employment".
| Article 93 (Entrustment of Administrative Affairs) |
The head of an employment security office may, at the request of an eligible recipient, entrust the head of another employment security office with the administrative affairs concerning the unemployment benefits payable to the eligible recipient, if deemed necessary.
| Article 93-2 (Application Mutatis Mutandis) |
The respective provisions of Articles 58, 59, 61 (excluding paragraph (3)), 62 through 67, 69 through 71, 75 through 77, 79 through 83, and 88 through 92 shall apply respectively and mutatis mutandis to the unemployment benefits for insured self-employed workers. [This Article Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]
CHAPTER V CHILD CARE LEAVE BENEFITS AND SIMILAR BENEFITS
| Article 94 (Grounds for Extension of Period Allowed for Application for Child Care Leave Benefits) |
"Grounds prescribed by Presidential Decree" in the proviso to Article 70 (2) of the Act means any of the following: <Amended by Presidential Decree No. 23513, Jan. 13, 2012> | 2. | Illness or injury of the recipient or his/her spouse; |
| 3. | Illness or injury of an ascendant or a descendant of the recipient or his/her spouse; |
| 5. | Detention on account of an alleged crime or execution of a sentence. |
| Article 95 (Amount of Child Care Leave Benefits) |
| (1) | The monthly amount of child care leave benefits under Article 70 (1) shall be an amount calculated according to the following classification: <Amended by Presidential Decree No. 28256, Aug. 29, 2017> |
| 1. | Until three months from the first day of a child care leave: An amount equivalent to 80/100 of the ordinary monthly wage as of the first day of the child care leave: Provided That where such amount exceeds one million and five hundred thousand won, it shall be adjusted to one million and five hundred thousand won, and where such amount is less than seven hundred thousand won, it shall be adjusted to seven hundred thousand won; |
| 2. | Until the last day of a child care leave from the fourth month therof: An amount equivalent to 40/100 of the ordinary monthly wage as of the first day of the child care leave: Provided That where such amount exceeds one million won, it shall be adjusted to one million won, and where such amount is less than five hundred thousand won, it shall be adjusted to five hundred thousand won. |
| (3) | Where the period of eligibility to be child care leave benefits is less than one month, the payment amount thereof shall be the amount obtained by calculating the monthly payment amount under any of subparagraphs of paragraph (1) on a daily pro rata basis (hereinafter referred to as “amount on a daily pro rata basis”) according to the number of days of the child care leave in the relevant month. <Amended by Presidential Decree No. 28256, Aug. 29, 2017> |
| (4) | The amount equivalent to 75/100 of the child care leave benefits under paragraphs (1) and (3) (referring to any of the amounts classified in the following subparagraphs in cases falling under any of the following subparagraphs) shall be paid every month and the residual amount thereof shall be aggregated and paid in lump sum when a worker returns to his/her workplace after spending the child care leave and continues to work for at least six months (referring to when, in case of a fixed-term worker who is not entitled to continue to work for at least six months due to the expiration of the labor contract, such fixed-term worker continues to work until the expiration date of the labor contract after the child care leave terminates due to the expiration of the labor contract or he/she returns to his/her place of business): <Amended by Presidential Decree No. 26368, Jun. 30, 2015; Presidential Decree No. 28160, Jun. 27, 2017; Presidential Decree No. 28256, Aug. 29, 2017> |
| 1. | Where child care leave benefits are paid pursuant to paragraph (1) and the amount equivalent to 75/100 of the child care leave benefits is less than the minimum payment amount referred to in each subparagraph of paragraph (1): The minimum payment amount referred to in each subparagraph of paragraph (1); |
| 2. | Where child care leave benefits are paid pursuant to paragraph (3) and the amount equivalent to 75/100 of the child care leave benefits is less than the amount obtained by calculating on a daily pro rata basis the minimum payment amount under each subparagraph of paragraph (1): The amount obtained by calculating on a daily pro rata basis the minimum payment amount under each subparagraph of paragraph (1). |
[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]
| Article 95-2 (Special Cases concerning Child Care Leave Benefits) |
Notwithstanding Article 95, where parents take turns using a child care leave for the same child, the child care leave benefits for the first three months payable to the second insured worker taking advantage of a child care leave shall amount to his/her ordinary monthly wage. In such cases, the maximum amount per month shall be as prescribed in the following: <Amended by Presidential Decree No. 26690, Dec. 4, 2015; Presidential Decree No. 27738, Dec. 30, 2016> | 1. | Where the relevant child is the first child: 1,500,000 won; |
| 2. | Where the relevant child is the second or younger child: 2,000,000 won. |
[This Article Newly Inserted by Presidential Decree No. 25645, Sep. 30, 2014]
| Article 96 (Reporting on Employment during Child Care Leave Benefit Period) |
An insured worker who reports a fact that his/her employment is severed or he/she is currently employed pursuant to Article 72 (1) of the Act shall describe such fact in application for child care leave benefits initially filed after the day his/her employment is severed or he/she is employed.
| Article 97 (Application Mutatis Mutandis) |
Article 81 shall apply mutatis mutandis to the restriction on the payment of child care leave benefits paid or the order to return such benefits pursuant to Article 70 (1) of the Act. In such cases, "job-seeking benefits" shall be construed as "child care leave benefits".
| Article 98 (Reduction of Child Care Leave Benefits) |
Where an insured worker has accepted money and valuables from the relevant business owner on the occasion of child care leave during the child care leave period prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act pursuant to Article 73 (2) of the Act and the aggregate amount of money and valuables accepted on a monthly basis during the child care leave and the amount equivalent to 75/100 of the child care leave benefits pursuant to Article 95 (1) and (2) (where the amount is less than 500,000 won, referring to the corresponding amount under each subparagraph of Article 95 (3)) exceeds his/her ordinary monthly wage as of the first day of the child care leave, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the amount of money equivalent to 75/100 of the child care leave benefits pursuant to Article 95 (1) and (2) (where the amount is less than 500,000 won, referring to the corresponding amount prescribed in each subparagraph of Article 95 (3)). <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 26368, Jun. 30, 2015>
| Article 99 (Entrustment of Administrative Affairs related to Child Care Leave Benefits) |
The head of an employment security office may, at the request of an insured worker, entrust the head of another employment security office with processing the administrative affairs for the child care leave benefits payable to him/her, if deemed necessary.
| Article 100 (Reasons for Extension of Period Allowed for Application for Maternity Leave Benefits, etc.) |
Article 94 shall apply mutatis mutandis to reasons for the extension of the period allowed for application for maternity leave benefits or miscarriage or stillbirth benefits (hereinafter referred to as maternity leave benefits, etc.) prescribed in the proviso to subparagraph 2 of Article 75 of the Act. <Amended by Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 27738, Dec. 30, 2016>
| Article 101 (Maximum and Minimum Amounts of Maternity Leave Benefits, etc.) |
The maximum and minimum amount of maternity leave benefits, etc. payable to an insured worker pursuant to Article 76 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 25388, Jun. 17, 2014; Presidential Decree No. 27738, Dec. 30, 2016> | 1. | Maximum amount: The amount publicly notified by the Minister of Employment and Labor every year, taking into account the following matters: |
| (a) | Average ordinary wages of recipients of maternity leave benefits, etc.; |
| (d) | Other matters deemed necessary by the Minister of Employment and Labor. |
| 2. | Minimum amount: The amount equivalent to the ordinary wage for the period eligible for maternity leave benefits, etc. calculated by applying the hourly minimum wage as the hourly ordinary wage, where the worker's hourly ordinary wage is less than the minimum wage per hour under the Minimum Wage Act applicable as at the time when the period the maternity, miscarriage, or stillbirth leave begins (hereinafter referred to as "minimum hourly wage"). |
| Article 102 (Application Mutatis Mutandis) |
Article 96 shall apply mutatis mutandis to reporting on employment during the period of the maternity, miscarriage, or stillbirth leave. In such cases, "child care leave benefits" shall be construed as "maternity leave benefits, etc." <Amended by Presidential Decree No. 23946, Jul. 10, 2012>
| Article 103 (Application Mutatis Mutandis) |
Article 81 shall apply mutatis mutandis to restrictions on the payment of maternity leave benefits, etc. and orders to return such benefits paid pursuant to Article 75 of the Act. In such cases, "job-seeking benefits" shall be construed as "maternity leave benefits, etc." <Amended by Presidential Decree No. 23946, Jul. 10, 2012>
| Article 104 (Reduction of Maternity Leave Benefits, etc.) |
Where an insured worker has received money and valuables, as prescribed in Article 77 of the Act, that amount to the ordinary wage from the relevant business owner during the protective leave prescribed in Article 74 of the Labor Standards Act and the aggregates of the money and valuables accepted from the business owner and the maternity leave benefits, etc. paid under Article 75 of the Act exceeds the ordinary wage as of the first day of the protective leave, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the maternity leave benefits, etc.: Provided, That this shall not apply where the insured worker had a raise in her ordinary wage during her protective leave period and thus the business owner paid the difference between the increased ordinary wage and the maternity leave benefits, etc. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23946, Jul. 10, 2012>
| Article 104-2 (Benefits for Reduced Working Hours during Infant Care Period) |
| (1) | Article 94 shall apply mutatis mutandis to the ground for extension of the period of application for the benefits for reduced working hours during the infant care period pursuant to the proviso to Article 73-2 (2) of the Act. In such cases, "child care leave benefits" shall be deemed "benefits for reduced working hours during the period of infant care". |
| (2) | The amount of benefits for reduced working hours during the period of child care prescribed in Article 73-2 (3) of the Act shall be determined in accordance with the following formula: Provided, That where the period eligible for the benefits for reduced working hours during the period of child care is less than one month, such benefits shall be calculated by multiplying the amount computed by dividing the amount obtained according to the following formula by the number of days in the relevant month, by the number of days when the reduced working hours during child care period are applied. <Amended by Presidential Decree No. 25645, Sep. 30, 2014; Presidential Decree No. 28504, Dec. 26, 2017> |
| Amount equivalent to 80/100 of the ordinary monthly wage calculated pursuant to the Labor Standards Act as of the first day of reduced working hours during the period of child care (the maximum amount shall be 1,500,000 won; the minimum amount shall be 500,000 won) × [Contractual working hours before reduction Contractual working hours after reduction] ÷ Contractual working hours before reduction |
|
[This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011]
| Article 104-3 (Application Mutatis Mutandis) |
| (1) | Article 81 shall apply mutatis mutandis to the restriction on the payment of the benefits for reduced working hours during the period of infant care, the order to return, etc. under Article 73-2 (1) of the Act. In such cases, "job-seeking benefits" shall be construed as "benefits for reduced working hours during the period of infant care". |
| (2) | Article 96 shall apply mutatis mutandis to the report on employment, etc. during the period of reduction in working hours during the period of infant care. In such cases, "child care leave benefits" shall be construed as "benefits for reduced working hours during the period of infant care". |
[This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011]
| Article 104-4 (Reducing Benefits for Reduced Working Hours during Infant Care Period) |
Pursuant to Article 74 (2) of the Act, where the aggregate amount of money and valuables an insured worker has received on a monthly basis from the relevant business owner (referring to the remuneration and the money and valuables received due to reduction of working hours during the period of infant care) in the midst of the period of reduction in working hours during the period of infant care under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and the amount of benefits for reduced working hours during the period of infant care under Article 73-2 of the Act exceeds the ordinary monthly wage as of the month immediately preceeding the month under which the first day of reduced working hours during the period of infant care falls, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the amount of benefits for reduced working hours during the period of infant care. [This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011]
CHAPTER VI EMPLOYMENT INSURANCE FUND
| Article 104-5 (Special Members in Charge of Fund Management and Operation) |
| (1) | The Minister of Employment and Labor may hire special members in charge of asset management in order to manage and operate the Fund in a systematic and stable manner under Article 79 of the Act. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Matters concerning qualifications of special members in charge of asset management, their services, remuneration, etc. shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]
| Article 105 (Management Business, etc. of Fund) |
| (2) | "Level prescribed by Presidential Decree" in Article 79 (4) of the Act means the rate of return prescribed by the Minister of Employment and Labor, considering the interest rate for a one-year term deposit (referring to the interest rate applied by national banks among the banks established under the Banking Act) or the forecast inflation rate. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22493, Nov. 15, 2010> |
| Article 106 (Fund Accounting) |
| Article 107 (Use, etc. of Fund) |
| 1. | Expenses incurred in the management and operation of the insurance service; |
| 2. | Expenses incurred in the management and operation of the Fund; |
| 3. | Grants to agencies for vicarious execution of administrative affairs of insurance business prescribed in Article 33 of the Insurance Premiums Collection Act; |
| 4. | Payment of fees for the entrustment of projects or business affairs prescribed in the Act and the Insurance Premiums Collection Act. |
| (2) | With regard to contributions prescribed in Article 80 (1) 6 of the Act, where an eligible recipient of contribution to be paid on a monthly basis applies for the amount of contribution to be expended the following month, the requested amount shall be reviewed by the Minister of Employment and Labor, and reasonable amount shall be paid to the person. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (3) | A recipient (hereafter referred to as "contributee" in this Article) of contributions prescribed in Article 80 (1) 6 of the Act shall open separate accounts to manage the contribution, and any interest income accrued from the account shall be returned to the Minister of Employment and Labor: Provided, That a contributee may, where the contributee has obtained approval from the Minister of Employment and Labor, use the contributions in business the contributee performs by proxy or is entrusted to perform (hereafter referred to as "business for purpose of contributions" in this Article). <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (4) | Contributions which remain without being used for business for purpose of contributions within an insurance year shall be returned to the Minister of Employment and Labor unless otherwise provided in other statutes: Provided, That where a contributee has obtained approval from the Minister of Employment and Labor, he/she may carry forward such contribution to the following year to be used for business for purpose of contributions. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (5) | Where a contributee has used contributions for any purpose other than the intended purpose of contribution, the Minister of Employment and Labor may request the contributee to return the corresponding amount. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (6) | A contributee shall report to the Minister of Employment and Labor the results of execution of contributions for the quarter by the 10th of the month following each quarter. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]
| Article 108 (Entrustment of Disbursement of Fund) |
The Minister of Employment and Labor may entrust any of the following institutions or a post office with the affairs relating to the payment of subsidies or incentives from the Fund, the payment of training expenses and training allowances, and the payment of unemployment benefits: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22493, Nov. 15, 2010; Presidential Decree No. 23496, Jan. 6, 2012; Presidential Decree No. 27556, Oct. 25, 2016>
[This Article Wholly Amended by Presidential Decree No. 20775, Apr. 30, 2008]
| Article 109 (Fund Operation Plan) |
| 1. | Revenue and expenditure of the Fund; |
| 2. | Business plan, the plan for acts incurring expenditure, and the financial operating plan for the pertinent year; |
| 3. | Disposition of carryover from the previous year; |
| 5. | Other matters necessary for the operation of the Fund. |
| Article 110 (Public Disclosure of Outcomes of Fund Operation) |
The Minister of Employment and Labor shall, pursuant to Article 81 (2) of the Act, publish the results of the Fund operations each year in one or more daily newspapers specializing in economy or general daily newspapers whose head office is in the Seoul Metropolitan City area. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 111 (Fund Accounting Organization) |
| (1) | The Minister of Employment and Labor shall appoint a fund revenue collection officer, a fund treasurer, a fund disbursement officer, and a fund cashier from among public officials under his/her jurisdiction in order to assign them to carry out administrative affairs relating to the revenue and expenditure of the Fund. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | A fund revenue collector and fund treasurer shall be responsible for affairs relating to contracts for the management and operation of the Fund, revenue-earning activities and expenditure-incurring activities, and the collection of and determination of the fund revenue, while the fund disbursement officer and the fund cashier shall be responsible for the affairs relating to the receipt and disbursement arising from the management and operation of the Fund. |
| (3) | The Minister of Employment and Labor shall, when he/she appoints a fund revenue collection officer, fund treasurer, fund disbursement officer, or fund cashier, inform the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea of his/her appointment. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 112 (Designation of Transaction Banks) |
The fund disbursement officer shall designate the Bank of Korea (including its head office, branch offices, liaison offices, and national treasury agencies; the same shall apply hereinafter) located in the relevant jurisdiction, or the nearest Bank of Korea if the Bank of Korea is not in a certain area, as the transaction bank for the checks he/she issues.
| Article 113 (Procedure for Receipt of Fund Revenues) |
| (1) | The fund revenue collection officer shall, when he/she collects revenues from the Fund, inform the obligor to deposit it in the fund account in the Bank of Korea: Provided, That the foregoing shall not apply where a business owner makes payment in person by the payment deadline. |
| (2) | The Bank of Korea shall, upon receipt of revenues from the Fund, issue a receipt to the payer, and shall dispatch a notice of receipt to the fund revenue collection officer forthwith. |
| (3) | The Bank of Korea shall accumulate the revenue received from the Fund pursuant to paragraph (2) into the fund account opened at the head office of the Bank of Korea in accordance with the procedure for handling the national treasury. |
| Article 114 (Procedure for Disbursement of Fund) |
| (1) | When the fund treasurer performs an act of incurring expenditure, he/she shall forward the documents concerning such act of incurring the expenditure to the fund disbursement officer. |
| (2) | When the fund disbursement officer performs an act of incurring expenditure and disburses an amount from the Fund, he/she shall, as determined by the creditor or by statutes, instruct the Bank of Korea to disburse it in a way that transfers it to the deposit account that the person carries out the entrusted administrative affairs related to the payment of the national treasury has in a financial institution. |
| (3) | The fund treasurer may carry over the amount that he/she could not disburse during the pertinent fiscal year due to any unavoidable cause or event after performing an act of incurring expenditure to disburse it during the following year. |
| Article 115 (Prohibition on Handling Cash) |
| Article 116 (Allocating Maximum Amount of Expenditure Incurring Activities of Fund) |
| (1) | The Minister of Employment and Labor shall allocate the maximum amount of an act of incurring expenditure for each quarter to each fund treasurer within the scope of a plan for an act of incurring expenditure for each quarter prescribed in subparagraph 2 of Article 109. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 117 (Reporting on Current Status of Fund Operation) |
| (1) | A fund revenue collection officer shall prepare and submit a report on fund amount collected, a fund treasurer shall do so on the amount accrued by an act of incurring expenditure of the Fund, and a fund disbursement officer shall do so on the amount of expenditure of the Fund as of the end of each month to the Minister of Employment and Labor on or before the 20th day of the following month. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Matters concerning filing necessary reports necessary for the operation and management of the Fund, in addition to reporting under paragraph (1), shall be determined by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 118 (Reporting on Settlement of Accounts of Fund) |
The Minister of Employment and Labor shall prepare the following documents in relation to the settlement of the Fund for each fiscal year, and shall forward it to the Minister of Strategy and Finance on or before the end of February of the following fiscal year, subject to prior review by the Committee: <Amended by Presidential Decree No. 20681, Feb. 29, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011>
| 1. | Documents concerning the overview and analysis of the settlement of accounts of the Fund; |
| 2. | Financial statements including the statement of financial position, statement of operations and changes in net position, and the statement of changes in net assets; |
| 3. | Spreadsheet for comparing the Fund operation plan and the actual Fund performance; |
| 4. | Statements of revenue and expenditure; |
| 5. | Other documents necessary for clearly explaining the details of the account settlement. |
| Article 119 (Receipt and Disbursement of Reserves, etc.) |
Matters necessary for the receipt and disbursement of reserves and surplus of the Fund referred to in Article 84 of the Act shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
| Article 120 (Application Mutatis Mutandis of the National Finance Act and the Management of the National Funds Act) |
CHAPTER VII PETITIONS FOR EXAMINATION AND REVIEW
| Article 121 (Qualification of Examiners) |
An employment insurance examiner prescribed in Article 89 of the Act (hereinafter referred to as "examiner") shall be appointed from among any of the following public officials under the control of the Ministry of Employment and Labor: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> | 1. | A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in services relating to petitions for examination or review of insurance for one year or longer; |
| 2. | A public official of Grade V or higher in general service or a public official in general service belonging to the Senior Executive Service among public officials under the control of the Ministry of Employment and Labor, who has engaged in the insurance service for two years or longer; |
| 3. | Any other person recognized by the Minister of Employment and Labor as qualified as those prescribed in subparagraph 1 or 2. |
| Article 122 (Assignment and Duties of Examiners) |
| (1) | An examiner shall be assigned to the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | An examiner shall be responsible for work relating to review designated by the Minister of Employment and Labor and case studies of petition for review. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 123 (Method of Applications for Challenge) |
| (1) | The application for challenge against an examiner prescribed in Article 89 (4) of the Act shall be filed in writing, specifically stating the grounds for the challenge. |
| (2) | The Minister of Employment and Labor shall, upon receipt of an application for challenge filed as prescribed in paragraph (1), make a decision on the application within 15 days and shall give notice of his/her decision to the applicant. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 124 (Reporting on Succession to Status of Petitioner) |
A person who succeeds to the status of a petitioner for examination, as prescribed in Article 89 (5) of the Act shall report such fact to the competent examiner in writing, along with a document proving such succession.
| Article 125 (Method of Petitioning for Examination) |
| (1) | The document petitioning for an examination prescribed in Article 91 of the Act shall contain the following information: |
| 1. | Name and address of the petitioner; |
| 2. | Name of the disposition agency as the respondent; |
| 3. | Details of the disposition subject to the petition for examination; |
| 4. | Date on which the disposition is known to the petitioner; |
| 5. | Whether there has been a notice concerning the petition for examination in relation to the disposition agency as the respondent and the contents of such notice, if any; |
| 6. | Purport of and reasons for the petition for examination; |
| 7. | Date of the petition for examination. |
| (2) | Where a petition for examination is raised by the representative petitioner appointed by petitioners or an agent, the name and address of the representative petitioner or the agent shall be described in addition to the details prescribed in paragraph (1), and the qualifications for the appointed representative petitioner or the agent shall be vindicated in writing. <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
| (3) | The petitioner or his/her agent shall write his/her name and affix his/her seal on the written statement prescribed in paragraph (1). |
| Article 126 (Revised Petition for Examination) |
| (1) | An order to revise a petition for examination prescribed in the main sentence of Article 92 (2) of the Act shall be issued in a document containing the following matters: |
| 1. | Matters that shall be revised; |
| 2. | Reasons why the revision is required; |
| 3. | Deadline for the revision; |
| 4. | Other necessary matters. |
| (2) | An examiner shall, when he/she revises a petition for examination at his/her discretion pursuant to the proviso to Article 92 (2) of the Act, give notice of such correction to the relevant party. |
| Article 127 (Notice of Suspension of Execution of Original Disposition) |
| 1. | Name of the case of petition for review; |
| 2. | Dispositions subject to the suspension of execution and details of the suspension of execution; |
| 3. | Name and address of the petitioner; |
| 4. | Name of the disposition agency as the respondent; |
| 5. | Reasons for the suspension of execution. |
| Article 128 (Investigation for Hearings) |
| (1) | An application for an investigation to hold hearings on the petition for review prescribed in Article 94 (1) of the Act shall be filed in a document stating the following matters: |
| 1. | Name of the case of petition for review; |
| 2. | Purport of and reasons for the application; |
| 3. | Name and address of the person who is required to appear (which shall be stated only in cases prescribed in Article 94 (1) 1 of the Act); |
| 4. | Name and address of the person who owns or possesses a document or any other article required to be submitted (which shall be stated only in cases prescribed in Article 94 (1) 2 of the Act); |
| 5. | Matters for which an expert opinion is required and the grounds therefor (which shall be stated only in cases prescribed in Article 94 (1) 3 of the Act); |
| 6. | A place of business or any other place to which access is required, a business owner, an employee, or any other person involved to whom inquiries shall be made, and documents and other articles that shall be inspected (which shall be stated only in cases prescribed in Article 94 (1) 4 of the Act). |
| (2) | When an examiner conducts an investigation into evidence pursuant to Article 94 (1) of the Act, he/she shall prepare a protocol of the investigation of evidence. In such cases, when the examiner hears an oral statement of the petitioner for review or a person involved pursuant to Article 94 (1) 1 of the Act, he/she shall prepare a protocol of oral statement and attach it to the protocol of the investigation of evidence. |
| (3) | The protocol of investigation of evidence prescribed in paragraph (2) shall contain the following matters, and the relevant examiner shall write his/her name and affix his/her seal thereon: |
| 1. | Indication of the case; |
| 2. | Date and place of the investigation; |
| 3. | Subject matter and method of the investigation; |
| 4. | Results of the investigation. |
| Article 129 (Decision Letter) |
The decision on a petition of review prescribed in Article 96 of the Act shall be delivered in the form of a decision letter that shall contain the following matters and on which the relevant examiner shall affix his/her signature or seal: <Amended by Presidential Decree No. 23139, Sep. 15, 2011> | 1. | Number and name of the case; |
| 2. | Name and address of the petitioner; |
| 3. | Name of the disposition agency as the respondent; |
| 5. | Purport of the petition; |
| Article 130 (Commissioning and Appointment of Members of Board of Review) |
| (1) | Members representing workers among members of the Employment Insurance Board of Review prescribed in Article 99 (1) of the Act (hereinafter referred to as the "Board of Review") shall be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a general federation of labor unions, while the members representing employers shall also be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a nation-wide association of employers. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Members of the Board of Review, except a member representing workers, a member representing employers, and ex officio members, shall be commissioned by the President upon recommendation of the Minister of Employment and Labor among any of the following persons: Provided, That standing members shall be appointed by the President upon recommendation of the Minister of Employment and Labor, from among persons who fall under subparagraph 3 or 4: <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | A person who holds the qualification as a judge, public prosecutor, or attorney at law; |
| 2. | A person who held or holds an adjunct professorship or a higher position in a college or university prescribed in the Higher Education Act; |
| 3. | A person who served or serves as a Grade Ⅲ or higher public official, or a public official, in general service belonging to the Senior Executive Service; |
| 4. | A person who has engaged in labor-related affairs for 15 years or longer and who is deemed qualified by the Minister of Employment and Labor; |
| 5. | A person who has good knowledge and experience in issues of social insurance or employment and who is deemed qualified by the Minister of Employment and Labor. |
| (3) | The Minister of Employment and Labor shall nominate a Grade III public official in charge of insurance affairs belonging to the Ministry of Employment and Labor or a public official in general service belonging to the Senior Executive Service as the ex officio member of the Board of Review. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 131 (Term of Members) |
| (1) | The term of members of the Board of Review shall be three years, but may be renewed consecutively for further terms. |
| (2) | In the event that a vacancy occurs in membership, a member filling the vacancy shall serve for the remaining term of his/her predecessor: Provided, That where a vacancy occurs in the position of standing members (including the Chairperson), a member filling the vacancy shall begin a new term. |
| (3) | Members may carry out their duties despite the expiration of their terms prescribed in paragraph (1), until their successors are appointed. |
[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]
| Article 132 (Treatment of Members) |
Allowances and travel expenses may be reimbursed to members who attend meetings of the Board of Review, other than standing members and the ex officio member, as may be necessary, within the budget. In such cases, the travel expenses shall be reimbursed according to the regulation on travel expense of public officials.
| Article 133 (Chairperson and Vice-Chairperson) |
| (1) | The Board of Review shall have one chairperson and one vice-chairperson. |
| (2) | The chairperson of the Board of Review shall be appointed by the President upon recommendation of the Minister of Employment and Labor from among standing members, and the vice-chairperson shall be elected from among members. <Amended by Presidential Decree No. 22269, Jul. 12, 2010> |
| (1) | The Chairperson shall represent the Board of Review, and shall exercise overall control over the administrative affairs of the Board of Review. |
| (2) | The Vice-Chairperson shall assist the Chairperson, and shall act on behalf of the Chairperson when the Chairperson is unable to perform his/her duties due to unavoidable cause. |
| (1) | Meetings of the Board of Review shall be comprised of no more than nine members, including the Chairperson or Vice-Chairperson, the ex officio member, and each member representing workers and employers designated by the Chairperson for each meeting. |
| (2) | When the Chairperson of the Board of Review intends to call a meeting, he/she shall give a written notice of the date and venue of the meeting, and the agenda items to each member by no later than five days before the opening of the meeting: Provided, That the foregoing shall not apply in cases of an emergency. |
| (3) | A majority of the members of the Board of Review under paragraph (1) shall constitute a quorum and any decision thereof shall require the concurring votes of at least a majority of those present at such meetings. |
| Article 136 (Placement of Specialists) |
| (1) | The Minister of Employment and Labor may, pursuant to Article 99 (8) of the Act, have specialists in the Board of Review to assign them to carry out specialized survey research as may be necessary for the review of the Board of Review. <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
| (2) | Necessary matters concerning the qualification for, service of, and remuneration of specialists shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010> |
A written notice of the date and venue of hearings prescribed in Article 101 (1) of the Act shall be given, and shall be served in person or by registered post.
| Article 138 (Application for Closed Hearing) |
The written application for closed hearing prescribed in the proviso to Article 101 (3) of the Act shall be filed, stating the purport of and grounds for the application.
| Article 139 (Protocol of Hearings) |
| 2. | Date and venue for hearing; |
| 3. | Names of members present; |
| 4. | Name of a party or his/her agent present; |
| 6. | Other necessary matters. |
| (2) | The protocol of hearing referred to in paragraph (1) shall contain the date of preparation, and the Chairperson shall affix his/her signature and seal thereon. |
| Article 140 (Method of Petitioning for Review) |
| (1) | The written petition for review prescribed in Article 87 of the Act shall be filed, stating the following details: |
| 1. | Name and address of the petitioner; |
| 3. | Name of the examiner who made the decision; |
| 4. | Date on which the decision is made known to the petitioner; |
| 5. | Whether there has been a notice concerning petitioning for review by the examiner who made the decision and the contents of the notice; |
| 6. | Purport of and grounds for the petition for review; |
| 7. | Date of the petition for review. |
| (2) | Where a petition for review is filed by the representative petitioner appointed by petitioners or an agent, the name and address of the representative petitioner or the agent shall be described in addition to the descriptions specified in paragraph (1), and the qualifications for the appointed representative petitioner or the agent shall be vindicated in writing. <Amended by Presidential Decree No. 22603, Dec. 31, 2010> |
| (3) | Each petitioner or agent shall write his/her name and affix his/her seal on the document under paragraph (1). |
| Article 141 (Written Adjudication) |
A written adjudication on a petition for review shall contain the following matters, and the Chairperson of the Board of Review and the members involved in the adjudication shall affix their signatures or seals thereon: <Amended by Presidential Decree No. 23139, Sep. 15, 2011>
| 2. | Name and address of the petitioner; |
| 3. | Name of the administrative agency that made the original disposition; |
| 4. | Name of the examiner who made the decision on the petition for review; |
| 6. | Purport of the petition; |
| Article 142 (Application Mutatis Mutandis) |
Articles 123, 124, and 126 through 128 shall apply mutatis mutandis to the Board of Review and the review. In such cases, "examiner" in Article 123 shall be construed as "member of the Board of Review"; "Minister of Employment and Labor" in the said Article as "Chairperson of the Board of Review"; "petitioner for examination" in Articles 124 and 128 as "petitioner for review"; "examiner" in Articles 124, 126, and 128 as "chairperson of the Board of Review"; and "petition for review" in Articles 126 through 128 as "petition for review". <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
CHAPTER VIII SUPPLEMENTARY PROVISONS
| Article 143 (Expenses for Medical Examinations) |
The head of an employment security office may, when he/she orders a medical examination pursuant to Article 111 of the Act, pay the actual expenses incurred in going through such medical examination.
| Article 144 Deleted. <by Presidential Decree No. 23513, Jan. 13, 2012> |
| Article 144-2 (Operation of Pilot Programs) |
Pursuant to Article 114 of the Act, the Minister of Employment and Labor may conduct any program for employment security and vocational skills development as a pilot program. <Amended by Presidential Decree No. 28256, Aug. 29, 2017> [This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010]
| Article 145 (Delegation, etc. of Authority) |
| (1) | The Minister of Employment and Labor shall delegate his/her authority over the following affairs to the head of each employment security office, as prescribed in Article 115 of the Act: <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 23467, Dec. 30, 2011; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25955, Dec. 31, 2014; Presidential Decree No. 27549, Oct. 18, 2016> |
| 1. | and 2. Deleted; <by Presidential Decree No. 27549, Oct. 18, 2016> |
| 4. | Assisting job creation prescribed in Article 20 of the Act (excluding those entrusted under paragraph (4)); |
| 10. | Providing information on employment and establishing foundations for supporting employment prescribed in Article 33 of the Act (excluding projects for establishing a foundation for employment security and vocational skills development, those for placement of experts, and projects entrusted pursuant to paragraph (6)); |
| 14. | Demanding submission of reports or related documents or making appearances prescribed in Article 108 of the Act (limited to cases required for processing entrusted administrative affairs); |
| 15. | Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required for processing entrusted administrative affairs), and issuing notice prior to such investigations and notice of the findings of such investigations in relation to such actions; |
| 16. | Requesting information prescribed in Article 110 of the Act (limited to cases where required for processing entrusted administrative affairs); |
| 19. | Accepting reports on appointment and dismissal of agents prescribed in Article 4 (excluding cases where an agent conducts the affairs referred to in Article 15 or 16 of the Act on behalf of a business owner); |
| 20. | Carrying out programs for employment security and employment promotion prescribed in Article 35; |
| 20-2. | Deleted; <by Presidential Decree No. 25955, Dec. 31, 2014> |
| 21. | Providing support for projects for assisting employment prescribed in Article 36; |
| 22. | Granting subsidies to cover expenses incurred at a facility for promotion of employment prescribed in Article 38 (2) (which shall be limited to the facilities for promotion of employment prescribed in Article 38 (1) 2 and 3); |
| 23. | Deleted; <by Presidential Decree No. 26368, Jun. 30, 2015> |
| 24. | Granting subsidies for improvement of workers' vocational skills pursuant to Article 43; |
| 25. | Deleted; <by Presidential Decree No. 23139, Sep. 15, 2011> |
| 26. | Granting subsidies for employment training pursuant to Article 47. |
| (2) | The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Worker's Compensation and Welfare Service prescribed in the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Worker's Compensation and Welfare Service") with his/her authority over the following affairs: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 26368, Jun. 30, 2015; Presidential Decree No. 27549, Oct. 18, 2016; Presidential Decree No. 27738, Dec. 30, 2016> |
| 3. | Demanding submission of reports or related documents and making appearances prescribed in Article 108 of the Act (limited to cases where such actions are required for processing entrusted administrative affairs); |
| 4. | Having access to offices, making inquiries to the relevant person, and investigating into documents prescribed in Article 109 of the Act (limited to cases where such actions are required for processing entrusted administrative affairs); |
| 4-2. | Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010> |
| 5. | Requesting information prescribed in Article 110 of the Act (limited to cases where such action required for processing entrusted administrative affairs); |
| 5-2. | Moved to subparagraph 11; |
| 6. | Notifying a public official who qualifies for insurance purchase of the acceptance of his/her application for insurance purchase and the fact of his/her application for insurance pursuant to Article 3-2 (2); |
| 7. | Accepting application for withdrawal by a public official who purchased employment insurance pursuant to Article 3-2 (4); |
| 8. | Accepting a report on appointment or dismissal of an agent referred to in Article 4 (limited to cases where an agent acts as an agent for matters regarding Articles 15 and 16); |
| 8-2. | Management and operation of loans for the work-family balance assistance program referred to in subparagraph 7 of Article 35; |
| 9. | Assistance for the expenses incurred for the operation of a child care center under Article 38 (4); |
| 10. | Affairs relating to the extension of loans or subsidies to cover expenses incurred for the installation of child care centers prescribed in Article 38 (5) and the management and operation of such loans and subsidies; |
| 11. | Matters concerning extending loans for those who bear the expenses incurred for the execution of vocational skill development pursuant to Article 45; |
| 12. | Matters concerning extending loans for those who bear the living expenses and the management and operation of loans while receiving the vocational skills development training prescribed in Article 47-2. |
| (3) | The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Human Resources Development Service of Korea with his/her authority over the following affairs: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23467, Dec. 30, 2011; Presidential Decree No. 23513, Jan. 13, 2012> |
| 1. | Supporting the vocational skills development training for business owners pursuant to Article 27 of the Act; |
| 2. | Granting subsidies to cover expenses incurred for technical skill competitions conducted by the private sector among the projects for promotion of skilled techniques prescribed in Article 31 (1) 2 of the Act; |
| 3. | Demanding submission of reports or related documents or making appearances prescribed in Article 108 of the Act (limited to cases where such actions are required for processing entrusted administrative affairs); |
| 4. | Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required for processing entrusted administrative affairs); |
| 5. | Requesting for information prescribed in Article 110 of the Act (limited to cases where such action is required for processing entrusted administrative affairs); |
| 6. | Deleted; <by Presidential Decree No. 22603, Dec. 31, 2010> |
| 7. | Affairs relating to the grant of subsidies for expenses incurred in skill development prescribed in Article 46; |
| 8. | Affairs relating to the extension of loans to cover expenses incurred at vocational skills development training facilities, etc. prescribed in Article 48 and the management and operation of such loans and subsidies; |
| 9. | Affairs relating to the granting of subsidies to cover expenses incurred at vocational skills development training facilities, etc. prescribed in Article 49 and the management and operation of such loans and subsidies (excluding affairs relating to decision-making on whether to grant such subsidies); |
| 10. | Deleted; <by Presidential Decree No. 20775, Apr. 30, 2008> |
| 11. | Affairs relating to the granting of subsidies to cover expenses incurred for qualification testing programs prescribed in Article 51 (1) 1; |
| 11-2. | Development, compilation and distribution of training materials prescribed in Article 52 (1) 3; |
| 12. | Projects for supporting the system for accreditation of exemplary enterprises in the development of human resources prescribed in Article 52 (1) 5; |
| 13. | Vocational skills development programs conducted by business owners or employers' association jointly with small and medium enterprises for employees of small and medium enterprises prescribed in Article 52 (1) 6; |
| 14. | Vocational skills development training conducted to improve core abilities to perform duties of business owners or workers of enterprises eligible for preferential support under Article 52 (1) 10; |
| 15. | Vocational skills development programs conducted to promote the organized learning of enterprises eligible for preferential support prescribed in Article 52 (1) 11; |
| 16. | Vocational skills development programs conducted to improve the skills of business owners or staff in charge of the development of human resources of enterprises eligible for preferential support for the development of human resources prescribed in Article 52 (1) 12; |
| 17. | Systematic support programs for on-site training for enterprises eligible for preferential support pursuant to Article 52 (1) 13; |
| 18. | Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010> |
| (4) | The Minister of Employment and Labor may, pursuant to Article 115 of the Act, entrust part of his/her authority over the subsidization of programs aimed at promoting job creation pursuant to Article 17, subsidization of improvement of employment circumstances for seniors, etc. under Article 37, subsidization of expenses incurred at facilities for promotion of employment prescribed in Article 38 (2) (limited to the facilities for promotion of employment under Article 38 (1) 5), subsidization of programs collaboratively conducted by associations of business owners, associations of workers, or their federations prescribed in Article 52 (1) 4 for vocational skills development, and subsidization of local governments, etc. prescribed in Article 55 to the Korea Occupational Safety and Health Agency prescribed in the Korea Occupational Safety and Health Agency Act, the Korea Worker's Compensation and Welfare Service, the Korea Employment Agency for the Disabled prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities (hereinafter referred to as the "Korea Employment Agency for the Disabled"), the Korea Labor Institute established pursuant to Article 8 of the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes, Etc. (hereinafter referred to as the "Korea Labor Institute"), and other relevant specialized institutions or non-profit juristic person determined and publicly notified by the Minister of Employment and Labor, and the criteria for the selection of institutions qualified as such entrustment shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 21263, Jan. 14, 2009; Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010> |
| (5) | The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the agencies designated and publicly announced by the Minister of Employment and Labor, such as the Human Resources Development Service of Korea, the Korea Employment Agency for the Disabled, the Korea Labor Institute, or related specialized agencies with part of his/her duties such as the examination of management of employment and other support prescribed in Article 33. <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| (6) | The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy with authority over the following affairs among his/her authority over subsidization of equipment, etc. prescribed in Article 15 (6) of the Act, the provision of information on employment, and the establishment of a foundation for supporting employment prescribed in Article 33 of the Act: <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Collecting and analyzing information on employment and furnishing it to employment security offices; |
| 2. | Researching, developing, and disseminating techniques for occupational guidance, including counselling on jobs and training; |
| 3. | Conducting evaluations of the provision of information on employment, occupational guidance, and job referral and providing support for such activities; |
| 4. | Operating electronic networks relating to employment insurance among the affairs relating to the establishment of the infrastructure for employment security and vocational skills development. |
| (8) | In order to carry out the affairs entrusted under paragraphs (2) through (5), the President of the Korea Worker's Compensation and Welfare Service, the President of the Human Resource Development Service of Korea, and the President of the Korea Employment Agency for the Disabled shall each appoint a director responsible for fund revenue and a director responsible for acts incurring expenditure from the fund among standing directors at each institution, appoint an officer in charge of fund disbursement and a fund cashier among the employees of each institution, and shall report the appointment to the Minister of Employment and Labor. In such cases, the duties that each director and officer in charge shall perform shall be as follows: <Amended by Presidential Decree No. 21962, Dec. 31, 2009; Presidential Decree No. 22269, Jul. 12, 2010> |
| 1. | Director responsible for fund revenue: Duties of the fund revenue collection officer; |
| 2. | Director responsible for acts incurring expenditure from the Fund: Duties of the fund treasurer; |
| 3. | Officer in charge of fund disbursement: Duties of the fund disbursement officer; |
| 4. | Fund cashier: Duties of the official in charge of fund cashier. |
| (9) | The Minister of Employment and Labor shall give notice of the appointment of a director responsible for fund revenue, a director responsible for fund disbursement, an officer in charge of fund disbursement, and a fund cashier prescribed in paragraph (8) to the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea. <Amended by Presidential Decree No. 22026 Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010> |
| Article 145-2 (Management of Personally Identifiable Information) |
| (1) | Where it is unavoidable to perform the following affairs, the Minister of Employment and Labor (including any person delegated or entrusted with the authority or affairs of the Minister of Employment and Labor pursuant to Article 145) may manage data containing resident registration numbers or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended by Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 27352, Jul. 19, 2016; Presidential Decree No. 27960, Mar. 27, 2017> |
| 1-2. | Purchase of or withdrawal from the employment insurance for public officials in extraordinary civil service and public officials in a fixed term position pursuant to the proviso to subparagraph 3 of Article 10 of the Act and Article 3-2 of this Decree; |
| 2. | Reporting of the attainment and loss, etc. of qualifications for insured status prescribed in Article 15 of the Act; |
| 5. | Assistance to a business owner who expands employment opportunities prescribed in Article 20 of the Act; |
| 6. | Assistance to a business owner who has taken measures for employment security prescribed in Article 21 of the Act; |
| 9. | Assistance to and providing loans for those who conduct programs aimed at promoting employment security and job creation prescribed in Article 25 of the Act; |
| 10. | Assistance for facilities contributing to promotion of employment prescribed in Article 26 of the Act; |
| 11. | Promoting loans for those who bear the expenses incurred in vocational skills development training to a business owner prescribed in Article 27 of the Act; |
| 12. | Assistance for vocational skills development to the insured, etc. prescribed in Article 29 of the Act; |
| 13. | Assistance to and extension of loans to those who bear the expenses incurred in establishing vocational skills development training facilities and purchasing equipment related thereto pursuant to Article 30 of the Act; |
| 14. | Assistance to those who conduct programs for promotion of vocational skills development pursuant to Article 31 of the Act; |
| 15. | Imposition of an order to return a subsidy or to additionally collect such subsidy, on account of an improper act, pursuant to Article 35 of the Act; |
| 17. | Payment of the benefits for reduced working hours during the period of infant care prescribed in Article 73-2 of the Act; |
| 19. | Application in subrogation for the payment of maternity leave benefits, etc. prescribed in Article 75-2 of the Act; |
| 23. | Reporting of improper acts and the payment of a monetary reward in return therefor prescribed in Article 112 of the Act; |
| 24. | Reporting of the appointment or dismissal of an agent prescribed in Article 4; |
| 25. | Reporting of any change made to an insured worker's name and other details prescribed in Article 10. |
| 1. | Imposition of an order to return job-seeking benefits, etc. or to additionally collect them, on account of improper acts, pursuant to Articles 62, 74 and 77 of the Act; |
[This Article Wholly Amended by Presidential Decree No. 23513, Jan. 13, 2012]
| Article 145-3 (Re-Examination of Regulation) |
The Minister of Employment and Labor shall examine the appropriateness of the scope of enterprises eligible for preferential support under Article 12 every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements. <Amended by Presidential Decree No. 27751, Dec. 30, 2016> [This Article Newly Inserted by Presidential Decree No. 25840, Dec. 9, 2014]
| Article 146 (Standard for Imposition of Administrative Fines) |
[This Article Wholly Amended by Presidential Decree No. 24682, Aug. 6, 2013]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 2 (2) and 85 (2) shall enter into force on October 28, 2007, the amended provisions of Articles 19 (1), 20 (3), 21 (1) and (2), 23 (1), 25, and 32 (2) on January 1, 2008, and the amended provisions of Article 82 (2) 2 on February 4, 2008, respectively. Article 2 (Transitional Measures concerning Enforcement Date)
Until before the amended provisions of Articles 2 (2), 82 (2) 2, and 85 (2) enter into force pursuant to the proviso to Article 1 of the Addenda, the previous provisions of Article 2 (3), 59 (2) 2, and 62 (2) 1 which correspond thereto shall apply. Article 3 (Period of Validity)
| (1) | Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010> |
| (2) | Deleted. <by Presidential Decree No. 21015, Sep. 18, 2008> |
Article 4 (Applicability to Incentives for Promotion of Employment of Seniors)
| (1) | The amended provisions of Article 25 (1) 2 and (4) shall also be applicable to the places of business that extended the retirement age before this Decree enters into force. In such cases, persons eligible for the granting of incentives for promotion of employment of seniors shall be those who continue their services as their retirement age is extended after they reach the previous retirement age after the enforcement date of this Decree. |
| (2) | The amended provisions of Article 25 (5) shall apply to cases where the employment of a person who reaches the retirement age is not severed, or where such person is re-employed within three months, as prescribed in the amended provision of Article 25 (1) 3, after he/she had retired due to the age limit on or after this Decree enters into force. |
Article 5 (Applicability to Subsidization to Business Owners for Training Expenses for Development of Occupational Abilities)
The amended provision of Article 41 (3) 1 shall be applicable where a business owner provides those falling under the said subparagraph with a new training program for the development of occupational abilities after this Decree enters into force. Article 6 (Applicability to Subsidization of Workers Attending Training Courses)
The amended provisions of Articles 43 (1) 4 and 44 (1) shall apply to the cases where an insured worker attends a new training course for the development of occupational abilities after this Decree enters into force. Article 7 (Applicability to Subsidization of Business Owners who Report Details of Work Using Construction Employment Insurance Cards)
The Minister of Labor may carry out a pilot project in order to provide support to the business owners who use the construction employment insurance cards prescribed in the amended provisions of the latter part of Article 32 (2) to submit a report on confirmation of details of work before January 1, 2008, and the amended provisions of Article 32 (2) shall be applicable to subsidization of business owners who participate in such pilot project even prior to January 1, 2008. Article 8 (Transitional Measures concerning Incentives for Re-Employment)
Notwithstanding the amended provisions of Article 23 (1), incentives for the re-employment of female workers whose employment was severed due to pregnancy, childbirth, or child care but who have already been re-employed before January 1, 2008 shall be governed by the previous provision (referring to the provision enforceable before the provisions were amended pursuant to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 20036)). Article 9 (Transitional Measures concerning Incentives for Promotion of Employment)
| (1) | Notwithstanding the amended provisions of Article 26, and subparagraph 5 of attached Table 1, the granting of incentives for the promotion of employment for those who had already been employed before October 1, 2007 shall be governed by the previous provisions. |
| (2) | The granting of incentives for the promotion of employment for those who have been already employed since October 1, 2007 before the enforcement date of this Decree and who fall under the amended provisions of subparagraph 5 of attached Table 1 shall be governed by the amended provisions of Article 26 and subparagraph 5 of attached Table 1. |
| (3) | Notwithstanding the amended provisions of Article 26, the criteria for the granting of incentives for the promotion of employment for any person who has already been employed before this Decree enters into force but who does not fall under the amended provisions of subparagraph 5 of attached Table 1 shall be governed by the previous provisions. |
Article 10 Omitted.
Article 11 (Relationship to Other Statutes)
A citation of provisions of the previous Enforcement Decree of the Employment Insurance Act by any other statute enforceable as at the time this Decree enters into force, if any, shall be deemed to be a citation of the corresponding provisions hereof in lieu of the previous provisions, if there are such corresponding provisions herein.
ADDENDA <Presidential Decree No. 20331, Oct. 23, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 28, 2007. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 20681, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 20775, Apr. 30, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 30 and 98 shall enter into force on June 22, 2008, the amended provisions of Articles 32-2 and 40 (5) on July 1, 2008, and the amended provisions of subparagraph 3 of Article 32 and Article 43 on January 1, 2009. Article 2 (Period of Validity)
The amended provisions of Article 32-2 shall remain effective until October 31, 2011. Article 3 (Applicability to Subsidies for Maintenance of Employment)
The amended provisions of the proviso to Article 19 (1) 4 and Article 21 (1) shall be applicable to plans for taking measures for retaining employees reported pursuant to Article 20 (2) (excluding reports on any revision thereof) on or after this Decree enters into force. Article 4 (Applicability to Incentives for Supporting Change of Occupation)
The amended provisions of Article 22 (5) shall be applicable to plans approved by the Minister of Labor for supporting change of occupation (excluding approvals on any revision thereto) pursuant to paragraph (3) of said Article on or after the date this Decree enters into force. Article 5 (Applicability to Incentives for Promotion of Employment)
The amended provisions of Article 26 (1) shall be applicable to cases where an unemployed person is newly employed as an insured worker on or after the date this Decree enters into force. Article 6 (Applicability to Incentives for Continuous Employment after Pregnancy or Childbirth)
The amended provisions of the proviso to Article 29 (1) shall be applicable to contracts signed with no specific term agreed on or after the date this Decree enters into force. Article 7 (Applicability to Incentives for Child Care Leave or Similar and for Employment of Substitute Human Resources)
Article 8 (Applicability to Subsidies for Management of Employment Insurance for Construction Workers)
The amended provisions of subparagraph 3 of Article 32 shall be applicable to the business owners who process the administrative affairs of insurance by electronic means within the deadline prescribed in Article 7 (1) on or after the date this Decree enters into force. Article 9 (Applicability to Minimum Amount of Maternity Leave Benefits)
The amended provisions of subparagraph 2 of Article 101 shall be applicable to maternity, miscarriage, or stillbirth leave that commences on or after the date this Decree enters into force. Article 10 (Transitional Measures concerning Subsidies to Workers who Attend Basic Training Course of Informatization)
Notwithstanding the amended provisions of Article 43 (2), cases where a person has already taken a basic training course of informatization as at the time this Decree enters into force shall be governed by the previous provision. Article 11 (Transitional Measures concerning Subsidization of Testing Fees)
Notwithstanding the amended provisions of Article 50, the subsidization of testing fees to a person who has acquired a national technical qualification eligible for subsidization, as prescribed in the previous provisions of Article 50, as at the time this Decree enters into force shall be governed by such corresponding previous provisions.
ADDENDA <Presidential Decree No. 20799, Jun. 5, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 20875, Jun. 25, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2008.
Articles 2 through 15 Omitted.
ADDENDA <Presidential Decree No. 20947, Jul. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on February 4, 2009. (Proviso Omitted.)
Articles 2 through 28 Omitted.
ADDENDA <Presidential Decree No. 21015, Sep. 18, 2008>
Article 1 (Enforcement Date)
Article 2 (Applicability to Construction of Building, etc. Subject to the Act)
The amended provisions of Article 2 (1) 2 (b) shall apply to works with regard to construction or substantial repair of a building to be commenced on or after the date this Decree enters into force. Article 3 (Applicability to Subsidies to Medium or Small Enterprise for Reduction of Working Hours)
The amended provisions of Article 13 (3) shall apply to the place of business which reduces working hours pursuant to Article 13 (1) on or after the date this Decree enters into force. Article 4 (Applicability to Incentives for Promotion of Employment)
The amended provisions of attached Table 1 shall apply to the recruitment of those entitled to incentives for promotion of employment on or after the date this Decree enters into force.
Article 5 (Transitional Measures concerning Purchase of Insurance of Public Officials in Extraordinary Civil Service and Contractual Service)
As for public officials in extraordinary civil service or contractual service as at the time this Decree enters into force, where applying the amended provisions of Article 3-2, the date of appointment shall be deemed the enforcement date of this Decree. Article 6 (Transitional Measures concerning Subsidies to Small and Medium Enterprises for Advancement to New Types of Business)
As for any employer who has filed with the Minister of Labor his/her plan for advancement to new types of business pursuant to the previous provisions as at the time this Decree enters into force, if the employer meets the requirements for payment of subsidies to small and medium enterprises for advancement to new types of business, as prescribed in the previous provisions, such subsidies shall be paid pursuant to the previous provisions, notwithstanding the amended provisions of Article 17. Article 7 (Transitional Measures concerning Incentives for Re-employment)
As for any employer who has re-employed those whose employment was severed due to restructuring pursuant to the previous provisions as at the time this Decree enters into force, if the employer meets the requirements for payment of incentives for re-employment pursuant to the previous provisions, such incentives shall be paid to such employer pursuant to the previous provisions, notwithstanding the amended provisions of Article 23. Article 8 (Transitional Measures concerning Incentives for Employment of Middle-Aged Persons Completing Job Training Course)
As for any employer who has hired middle aged persons who completed job training courses pursuant to the previous provisions as at the time this Decree enters into force, if he/she meets the requirements for payment of incentives for employment of middle aged persons completing a job training course, such incentives shall be paid to such employer pursuant to the previous provisions, notwithstanding the amended provisions of Article 27. Article 9 (Transitional Measures concerning Subsidies and Incentives for Projects subject to Blanket Application)
The previous provisions of Article 39 shall apply in determining as to whether any reason exists in projects subject to blanket application for paying subsidies or incentives prescribed in Articles 6 through 8 of the Addenda after this Decree enters into force. Article 10 (Transitional Measures concerning Adjustment of Subsidies and Incentives)
The previous provisions of Article 40 shall apply where any reason exists for paying subsidies and incentives prescribed in the previous provisions of Articles 17, 23, and 27, and for paying subsidies and incentives, as prescribed in Articles 6 through 9 of the Addenda, after this Decree enters into force, requiring an adjustment of such subsidies and incentives. Article 11 (Transitional Measures concerning Restrictions on Payment of Subsidies, etc.)
Where the case meets the requirements for paying subsidies and incentives prescribed in the previous provisions of Articles 17, 23 and 27 and Articles 6 through 9 of the Addenda, and reasons for restricting payment prescribed in the previous provisions of Article 56 are confirmed after this Decree enters into force, the Minister of Labor may restrict the payment thereof pursuant to the previous provisions.
ADDENDA <Presidential Decree No. 21152, Dec. 3, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 47 (2) shall apply beginning with the first payment of the training fees for vocational skills development for the unemployed, etc. after this Decree enters into force.
ADDENDA <Presidential Decree No. 21230, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2009.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 21263, Jan. 14, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21348, Mar. 12, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 47-2, and 145 (2) 6 shall enter into force on April 1, 2009, and the amended provisions of Articles 1-2 through 1-11 and 6-2 shall enter into force on July 1, 2009. Article 2 (Applicability)
The amended provisions of Articles 19 and 21 shall apply to the measure for retaining employees under a plan for measures for retaining employees which is reported on or after the date this Decree enters into force. Article 3 (Transitional Measures)
Where vocational skills development training which an insured worker receives was entitled to the subsidization for workers attending training courses as at the time this Decree enters into force, but is excluded, afterwards, from the eligible category for the subsidization pursuant to the amended provisions of Article 43 (1) 3, the subsidization of training courses for workers attending them shall be granted as to the relevant training courses for development of occupational skills pursuant to the previous provisions.
ADDENDA <Presidential Decree No. 21510, May 28, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraph 4 of Article 35, Articles 37-2, 56 (1) 1 (limited to the part concerning Article 37-2) and 145 (2) 4-2 shall enter into force on June 1, 2009. Article 2 (Period of Validity)
Article 3 (Transitional Measures concerning Application after Period of Validity Ends)
As for matters concerning plans for taking measures for retaining employees and plans for continuous employment reported as at the time the period of validity prescribed in Article 2 of the Addenda ends and those related to improper acts, the relevant provisions shall continue to apply after the period of validity for respective provision ends until necessary administrative affairs are complete.
ADDENDA <Presidential Decree No. 21590, Jun. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2009: Provided, That the amended provisions of Articles 8 and 9 shall enter into force on January 1, 2010. Articles 2 through 9 Omitted.
ADDENDUM <Presidential Decree No. 21626, Jul. 7, 2009>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 21928, Dec. 30, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 21962, Dec. 31, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 22026, Feb. 8, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 21 (1) shall enter into force on April 1, 2010. Article 2 (Period of Validity)
For those eligible for incentives for the promotion of new employment in attached Table 1, the amended provisions of subparagraph 5 shall remain effective until December 31, 2010, and the amended provisions of subparagraph 8 of the same Table shall remain effective until December 31, 2012.
Article 3 (Applicability to Subsidies for Transition to Shift Work System)
The amended provisions of Article 14 (1) shall apply to a person newly employed by the business owner on or after the date this Decree enters into force. Article 4 (Applicability to Subsidies for Employee Retention)
The amended provisions of Article 21 (1) shall apply to the initial report (including reports of changes) of plans for taking measures for retaining employees, as prescribed in Article 20 (2) after the amended provisions of Article 21 (1) pursuant to the proviso to Article 1 of the Addenda enters into force. Article 5 (Applicability to Incentives for Promotion of New Employment)
| (1) | The amended provisions of Article 26 (1) and attached Table 1 shall apply to cases of newly employing persons as the insured who remain unemployed after this Decree enters into force. |
| (2) | In computing the number of newly hired employees prescribed in the amended provisions of Article 26 (4), employees newly hired after this Decree enters into force shall be first to be included herein. |
Article 6 (Applicability to Subsidies for Continuous Employment of Pregnant Women and Nursing Mothers)
The amended provisions of the main sentence of Article 29 (1) shall apply to a labor contract signed on or after the date this Decree enters into force. Article 7 (Applicability to Payment of Individually Extended Benefits)
The amended provisions of Article 73 shall apply to an eligible recipient who applies for the payment of individually extended benefits on or after the date this Decree enters into force. Article 8 (Applicability to Early Re-Employment Allowance)
| (1) | The amended provisions of Article 84 (1), 85, and 86 (2) shall apply to a person who is re-employed in a stable job or voluntarily starts business for profit pursuant to Article 64 (1) of the Act on or after the date when this Decree enters into force. |
| (2) | Notwithstanding paragraph (1), where a person who obtained eligibility before this Decree enters into force, and is re-employed during the waiting period prescribed in Article 49 of the Act after this Decree enters into force, or voluntarily starts business for profit, falls under any of the amended provisions of the subparagraphs of Article 84 (1), the amended provisions of Articles 85 and 86 (2) shall apply. |
| (3) | Notwithstanding paragraph (1), where a person who obtained eligibility before this Decree enters into force is re-employed 30 days prior to the end of days of benefits payable prescribed in Article 50 of the Act after this Decree enters into force, or where a person who voluntarily starts his/her own business for profit falls under any of the amended provisions of the subparagraphs of Article 84 (1), the amended provisions of Articles 85 and 86 (2) shall apply. |
Article 9 (Transitional Measures, etc. concerning Incentives for Promotion of New Employment)
| (1) | The payment of incentives for promotion of new employment for those already hired prior to January 1, 2010 shall be governed by the previous provisons, notwithstanding the amended provisions of Article 26 and subparagraph 8 of attached Table 1. |
| (2) | The amended provisions of subparagraph 8 of attached Table 1 shall also apply to those hired before this Decree enters into force on and after January 1, 2010. |
Article 10 (Transitional Measures concerning Subsidies for Continuous Employment of Construction Workers)
Subsidies for continuous employment of construction workers for business owners who meet the requirements for payment of the subsidies for continuous employment of construction workers prescribed in the previous provisions of Article 32-2 as at the time this Decree enters into force shall be governed by the previous provisions, notwithstanding the amended provisions of Article 32-2. Article 11 (Transitional Measures concerning Restrictions on Payment of Subsidies, etc. Due to Improper Acts)
| (1) | In issuing orders for return, or restricting payment with regard to improper acts committed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 56. |
| (2) | In issuing orders for return, or restricting payment with regard to improper acts committed by any person who received or intends to receive subsidies for continuous employment of construction workers after this Decree enters into force as provided in Article 10 of the Addenda, the previous provisions shall apply, notwithstanding the amended provisions of Article 56. |
ADDENDA <Presidential Decree No. 22269, Jul. 12, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 22356, Aug. 25, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2010.
Articles 2 through 4 Omitted.
ADDENDA <Presidential Decree No. 22493, Nov. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 18, 2010.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22603, Dec. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011: Provided, That the amended provisions of Article 43 (1) shall enter into force on April 1, 2011. Article 2 (Period of Validity)
The amended provisions of Articles 19 (1) 4 and 20 (3), the latter part of Article 21 (1) 1, and Articles 21 (1) 3 and 4, 21 (2) 2, and 32 shall remain effective until December 31, 2013. Article 3 (Applicability to Enterprises Eligible for Preferential Support)
The amended provisions of Article 12 (3) shall apply where a cause occurs that makes an enterprise eligible for preferential support lose its eligibility in the year 2010. Article 4 (Applicability to Subsidies for Expenses for Job Creation)
The amended provisions of Article 17 shall apply to a business owner who hires workers on or after the date this Decree enters into force. Article 5 (Applicability to Subsidies for Employee Retention)
| (1) | The amended provisions of Article 19 (1) shall apply where a plan for taking measures for retaining employees under Article 20 (1) is reported on or after the date this Decree enters into force. |
| (2) | The amended provisions of Article 20 (2) shall apply where a plan for taking measures for retaining employees under Article 20 (1) is reported on or after the date this Decree enters into force. |
| (3) | The amended provisions of Article 20 (5) shall apply where a violation of the duty to comply with a plan for taking measures for retaining employees under Article 20 (1) is confirmed on or after the date this Decree enters into force. |
Article 6 (Applicability to Subsidies for Promotion of Local Employment)
The amended provisions of Article 24 shall apply to cases applicable to the local areas designated as the areas which require support measures such as employment adjustment, etc. and publicly notified by the Minister of Employment and Labor pursuant to Article 29 (1) of the Enforcement Decree of the Framework Act on Employment Policy, on and after this Decree enters into force. Article 7 (Applicability to Subsidies for Extension of Employment of Seniors)
| (1) | The amended provisions of Article 25 (4) shall apply to cases of abolishing or extending a retirement age pursuant to the amended provisions of Article 25 (1) 2 after this Decree enters into force. |
| (2) | The amended provisions of Article 25 (5) shall apply to cases where re-employment is made pursuant to the amended provisions of Article 25 (1) 3 on and after this Decree enters into force. |
Article 8 (Applicability to Subsidies for Promotion of Employment)
The amended provisions of Article 26 shall apply where a business owner hires an unemployed person falling under any of the amended provisions under each subparagraph of Article 26 (1) as an insured worker after this Decree enters into force. Article 9 (Applicability to Subsidization for Management of Employment Insurance for Construction Workers)
The amended provisions of Article 32 shall apply to a business owner who applies for the subsidies for management of employment insurance for construction workers, on or after the date this Decree enters into force. Article 10 (Applicability to Subsidization of Workers Attending Training Courses)
The amended provisions of Article 43 (1) 1 shall apply where an insured worker takes a vocational skills development training course on or after the date this Decree enters into force. Article 11 (Applicability to Restrictions on Grant of Subsidies, etc. Due to Improper Acts)
The amended provisions of Article 56 (2) shall apply where a cause that results in the order of return or restriction on payment occurs on or after the date this Decree enters into force. Article 12 (Applicability to Payment of Individually Extended Benefits)
The amended provisions of Article 73 shall apply to cases of filing an application for individually extended benefits on or after the date this Decree enters into force. Article 13 (Applicability to Reduction of Child Care Leave Benefits)
The amended provisions of Article 98 shall apply where a person begins his/her child care leave on or after the date this Decree enters into force. Article 14 (Transitional Measures concerning Subsidies for Transition to Shift Work System)
With respect to a business owner who meets the requirements for payment of subsidies for transition to shift work system under the previous provisions of Article 14 as at the time this Decree enters into force, the payment of subsidies for transition to shift work system shall be governed by the previous provisons, notwithstanding the amended provisions of Article 14. Article 15 (Transitional Measures concerning Subsidies for Improvement of Employment Circumstances for Small and Medium Enterprises)
With respect to a business owner who has submitted a plan in accordance with the procedures determined by the Minister of Employment and Labor pursuant to the previous provisions of Article 15 and who meets the requirements for subsidization under the previous provisions of Article 15 as at the time this Decree enters into force, the payment of subsidies shall be made pursuant to the previous provisons, notwithstanding the amended provisions of Article 15. Article 16 (Transitional Measures concerning Incentives to Small and Medium Enterprises for Utilization of Experts)
With respect to a business owner who meets the requirements for payment of incentives to small and medium enterprises for utilization of experts under the previous provisions of Article 16 as at the time this Decree enters into force, the payment of incentives to small and medium enterprises for utilization of experts shall be made pursuant to the previous provisons, notwithstanding the amended provisions of Article 16. Article 17 (Transitional Measures concerning Incentive for Supporting Change of Occupation)
With respect to a business owner who meets the requirements for payment of incentives for supporting change of occupation under the previous provisions of Article 22 as at the time this Decree enters into force, the payment of incentives for supporting change of occupation shall be made pursuant to the previous provisons, notwithstanding the amended provisions of Article 22. Article 18 (Transitional Measures concerning Subsidies for Extension of Employment of Seniors)
With respect to a business owner who has employed an senior under the previous provisions of Article 25 (1) 1 as at the time this Decree enters into force, the payment of subsidies for encouragement of employment of the elderly in relation to the senior already employed in the relevant place of business shall be made pursuant to the previous provisons, notwithstanding the amended provisions of Article 25 (1) 1. Article 19 (Transitional Measures concerning Subsidies for Wage Peak System)
Where a business owner operates the wage peak system under the previous provisions of Article 28 as at the time this Decree enters into force, the payment of allowances that make up for the wage peak system shall be governed by the previous provisons, notwithstanding the amended provisions of Article 28. Article 20 (Transitional Measures concerning Subsidies for Employment Security of Pregnant Women and Nursing Mothers)
| (1) | Where the payment of subsidies for employment security of pregnant women and nursing mothers is continuously made under the previous provisions of Article 29 as at the time this Decree enters into force, the previous provisons shall apply, notwithstanding the amended provisions of Article 29. |
| (2) | Where incentives for child care leave, etc. and subsidies for employment of substitute workers are paid pursuant to the previous provisions of Article 30 as at the time this Decree enters into force, the previous provisons shall apply notwithstanding the amended provisions of Articles 29 and 30. |
Article 21 (Transitional Measures concerning Subsidization for Premium Payable to Mutual Aid for Construction Workers Whose Employment Is Severed)
With respect to a business owner who has applied for or received the payment of subsidies for premium payable to mutual aid for construction workers whose employment was severed, among those who joined the mutual aid for construction workers whose employment was severed and paid the mutual aid premium pursuant to the previous provisions of Article 31 as at the time this Decree enters into force, the previous provisons shall apply notwithstanding the amended provisions of Article 31. Article 22 (Transitional Measures concerning Support Projects for Encouraging Long-Term Unemployed to Start up Business)
With respect to a person who receives assistance under the previous provisions of Article 34 (1) as at the time this Decree enters into force, the previous provisons shall apply notwithstanding the amended provisions of Article 34 (1). Article 23 (Transitional Measures concerning Support Projects for Creation of Part-Time Jobs)
With respect to a person who directly or otherwise carries out the support projects for creation of part-time jobs pursuant to the previous provisions of subparagraph 5 of Article 35 as at the time this Decree enters into force, the previous provisons shall apply notwithstanding the amended provisions of subparagraph 5 of Article 35. Article 24 (Transitional Measures concerning Mutual Adjustments among Subsidies, etc.)
With respect to mutual adjustments among the subsidies or incentives where a cause for granting subsidies or incentives occurs pursuant to the previous provisions of Articles 14 through 16 as at the time this Decree enters into force, the previous provisons shall apply notwithstanding the amended provisions of Article 40. Article 25 (Transitional Measures concerning Subsidization to Business Owners for Vocational Skills Development Training)
With respect to vocational skills development training which is conducted after meeting the requirements under the previous provisions of Article 41 (1) 5 (b) as at the time this Decree enters into force, subsidies for those who bear the expenses incurred for vocational skills development training shall be granted to a business owner pursuant to the previous provisions, notwithstanding the amended provisions of Article 41 (1) 5 (c). Article 26 (Transitional Measures concerning Restrictions on Grant of Subsidies)
In cases of falling under the grounds for the payment of subsidies or incentives pursuant to the previous provisions of Articles 14 through 16, 30 and 31, and Articles 14 through 16, 20 (2), and 21 of the Addenda as at the time this Decree enters into force, and where the reason for issuing the order to return or for the restriction of payment under the previous provisions of Article 56 is confirmed after this Decree enters into force, the order to return or the restriction of payment may be made pursuant to the previous provisions of Article 56. Article 27 (Transitional Measures concerning Amount of Child Care Leave Benefits)
With respect to the amount of child care leave benefits for the period of child care leave before this Decree enters into force where an insured worker is on his/her child care leave as at the time this Decree enters into force, the previous provisons shall apply notwithstanding the amended provisions of Article 95.
ADDENDA <Presidential Decree No. 23139, Sep. 15, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 40-2 and 104-2 through 104-4 shall enter into force on September 22, 2011. Article 2 (Transitional Measures concerning Subsidies for Reduced Working Hours of Small and Medium Enterprises)
With respect to a business owner who meets the requirements for the payment of subsidies for reduced working hours in small and medium enterprises pursuant to the previous provisions of Article 13 as at the time this Decree enters into force, the payment of such subsidies shall be made pursuant to the previous provisons. Article 3 (Transitional Measures concerning Subsidies for Taking Worker's Training Courses)
With respect to a person who takes a vocational skills development training course pursuant to the previous provisions of Article 43 (1) 1 as at the time this Decree enters into force, the payment of the subsidies for taking worker's training courses shall be made pursuant to the previous provisions. Article 4 (Transitional Measures concerning Subsidies for Taking Worker's Training Courses following Vocational Skills Development Cards)
With respect to a person who takes a vocational skills development training course pursuant to the previous provisions of Article 44 as at the time this Decree enters into force, subsidies for those who bear the expenses incurred in taking vocational skills development training courses shall be paid pursuant to the previous provisions. Article 5 Omitted.
ADDENDA <Presidential Decree No. 23274, Nov. 1, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 15, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 23356, Dec. 8, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 8, 2011. (Proviso Omitted.)
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23467, Dec. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23496, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 2, 2012.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 23513, Jan. 13, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 shall enter into force six months after the date of its promulgation, and the amended provisions of Articles 41, 43, 93-2, and 144 shall enter into force from January 22, 2012, respectively. Article 2 (Period of Validity)
| (1) | The amended provisions of the proviso to Article 21 (1) 1 with the exception of its items and the amended provisions of Article 21 (1) 1 (b) shall remain effective until December 31, 2013. |
| (2) | The amended provisions of Articles 25-2 and 40 (5) shall remain effective until December 31, 2020: Provided, That with respect to a business owner who satisfies the requirements for payment of subsidies for employment of the elderly aged 60 years or older in the fourth quarter of the year 2020, the aforementioned amended provisions shall remain effective until the business owner receives the corresponding subsidies. <Amended by Presidential Decree No. 25955, Dec. 31, 2014; Presidential Decree No. 28504, Dec. 26, 2017> |
Article 3 (Applicability to Subsidies for Wage Peak System)
The amended provisions of Article 28 (2) shall apply where subsidies for the wage peak system are granted for the amount of wage reduced on or after January 1, 2012. Article 4 (Applicability to Subsidies for Employment Security of Pregnant Women and Nursing Mothers)
| (1) | The amended provisions of Article 29 (1) 3 shall apply to cases of employing substitute workers on or after the date this Decree enters into force. |
| (2) | The amended provisions of Article 29 (3) shall apply to cases of permitting child care leave, etc. on or after the date this Decree enters into force. |
Article 5 (Special Cases concerning Purchase of Insurance by Public Officials in Extraordinary Civil Service or Contractual Service)
| (1) | Where a public official eligible to purchase insurance prescribed in Article 5 of the Addenda to the same Decree meets all the following requirements, as at the time the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 21015) (hereafter referred to as the "same Decree" in this Article) enters into force, the head of the relevant agency to which he/she belongs may file an application for purchase of employment insurance with the head of the competent employment security office of the place where such relevant agency is located within three months from the enforcement date of this Decree, notwithstanding Article 3-2 (1) and (2): |
| 1. | That the head of the relevant agency to which the public official belongs or the corresponding public official eligible to purchase insurance has never filed the application for subscription to employment insurance within the period prescribed under Article 3-2 (2) and Article 5 of the Addenda to the same Decree; |
| 2. | That the public official shall continuously serve for the relevant agency to which the public official belongs as a public official eligible to purchase insurance as at the time this Decree enters into force; |
| 3. | That the public official shall have an intention to purchase employment insurance. |
| (2) | The provisions of Article 3-2 (3) through (7) shall also apply to cases of filing an application for subscription to employment insurance pursuant to paragraph (1). |
Article 6 (Transitional Measures concerning Subsidies for Extension of Employment of Seniors)
With respect to a business owner who receives subsidies for extension of employment of the elderly as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 25 (4) and (5). Article 7 (Transitional Measures concerning Subsidies for Promotion of New Employment)
With respect to a person who has hired an unemployed person as an insured worker as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 26 (1) and (4). Article 8 (Transitional Measures concerning Assistance to Improvement of Vocational Skills of Workers)
With respect to a self-employed worker prescribed in the previous provisions of Article 144 who has subscribed to employment insurance as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 43 (1). Article 9 (Transitional Measures concerning Computation of Child Care Benefits)
With respect to a person who has applied for child care benefits as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 95 (1).
ADDENDA <Presidential Decree No. 23946, Jul. 10, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 2, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24155, Oct. 29, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on November 1, 2012. (Proviso Omitted)
Articles 2 through 11 Omitted.
ADDENDA <Presidential Decree No. 24333, Jan. 25, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Scope of Enterprises Eligible for Preferential Support)
The amended provisions of Article 12 (3) shall also apply to cases where the period of being eligible for preferential support prescribed in the previous provisions has not terminated as at the time this Decree enters into force. Articles 3 (Applicability to Subsidies for Promotion of Employment)
The amended provisions of Article 26 shall apply to cases where a business owner employs a person that falls under any of the subparagraphs of Article 26 (1) as the insured worker after this Decree enters into force. Article 4 (Applicability to Subsidies for Employment Security during the Period of Childbirth and Child Care)
The amended provisions of Article 29 shall apply to cases where a business owner enters into a labor contract after this Decree enters into force. Article 5 (Transitional Measures concerning Subsidies for Extension of Employment of Seniors)
With respect to a business owner that receives subsidies for extension of employment of the elderly as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 25. Article 6 (Applicability to Subsidies for Wage Peak System)
With respect to the subsides for the wage peak system, where such system is implemented as at the time this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 28.
ADDENDA <Presidential Decree No. 24514, Apr. 22, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 24, 2013.
Article 2 (Special Cases concerning Grant of Subsidies to Insured Workers Following Temporary Closure of Business, etc.)
Where an insured worker employed by a business owner that closes business temporarily, etc. prescribed in the amended provisions of Article 21-3 (1) as at the time this Decree enters into force desires to receive subsidies, he/she shall apply for subsidies pursuant to the amended provisions of 21-3 (1) within 60 days from the date this Decree enters into force. Article 3 (Transitional Measures concerning Grant of Subsidies for Employee Retention)
Where subsidies for employee retention are granted for measures for retaining employees taken pursuant to the previous provisions of Article 19 (1) before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 19. Article 4 (Transitional Measures concerning Violation of Plan for Measures for Retaining Employees)
With respect to a business owner that has violated the observing duty of the plan for taking measures for retaining employees before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of Article 20-2.
ADDENDA <Presidential Decree No. 24682, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2013.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | In cases of applying the standard of imposition of administrative fines to an offense committed before this Decree enters into force, the previous provisions shall apply, notwithstanding the amended provisions of attached Table 3. |
| (2) | The disposition of imposition of administrative fines for an offense committed before this Decree enters into force shall not be included in the calculation of the number of offenses prescribed in the amended provisions of attached Table 3. |
ADDENDA <Presidential Decree No. 24852, Nov. 20, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 12, 2013.
Articles 2 through 9 Omitted.
ADDENDA <Presidential Decree No. 25022, Dec. 24, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2014.
Article 2 (Period of Validity)
| (1) | The amended provisions of Article 25 shall remain effective until December 31, 2016: Provided, That the amended provisions of Article 25 shall continue to apply to the granting of subsidies to business owners who meet the eligibility requirements for subsidies for extension of employment of the elderly by December 31, 2016, even after the period of validity ends. |
| (2) | The amended provisions of Article 28 shall remain effective until the date classified under each of the following subparagraphs: Provided, That the amended provisions of Article 28 shall continue to apply to the granting of subsidies to workers who meet the eligibility requirements for subsidies for the wage peak system by the date provided in subparagraphs 1 and 2, even after the period of validity ends: |
| 1. | A business or place of business that has at least 300 full-time employees, a public institution prescribed in Article 4 of the Act on the Management of Public Institutions, a local government-invested public corporation prescribed in Article 49 of the Local Public Enterprises Act and a local public corporation prescribed in Article 76 of the same Act: December 31, 2015; |
| 2. | A business or place of business that has less than 300 full-time employees, the State and a local government: December 31, 2016. |
Article 3 (Applicability to Subsidies for Job Creation)
The amended provisions of the proviso to Article 17 (1) with the exception of the subparagraphs thereof (limited to the amended portion related to subparagraph 1 of the same paragraph) shall apply to business owners who take measures for job sharing on or after the date this Decree enters into force. Article 4 (Applicability to Subsidies for Employment Security during Period of Childbirth and Child Care)
The amended provisions of Article 29 (1) and (4) shall apply to cases where substitute workers are employed on or after the date this Decree enters into force. Article 5 (Applicability to Support to Facilities for Promotion of Employment)
The amended provisions of the latter part of Article 38 (4) shall apply to cases where child care centers are installed and operated on or after the date this Decree enters into force. Article 6 (Applicability to Limits on Subsidization of Expenses for Vocational Skills Development Training for Employers)
The amended provisions of Article 42 (4) shall apply to cases where subsidies are granted for vocational skills development training that commences on or after the date this Decree enters into force. Article 7 (Applicability to Subsidization for Development of Workers’ Vocational Skills)
The amended provisions of Article 43 (1) shall apply to insured workers who begin receiving vocational skills development training on or after the date this Decree enters into force. Article 8 (Transitional Measures concerning Eligibility for Subsidies for Employee Retention)
With respect to the granting of subsidies for employee retention to business owners who have taken measures for retaining employees prescribed in the previous provisions of Article 19 (1) 4 before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 19 (1) 4. Article 9 (Transitional Measures concerning Implementation of Plan for Retaining Employees)
Any business owner who has reported plans for retaining employees on the grounds under the previous provisions of Article 19 (1) 4 before this Decree enters into force shall file a report with the Minister of Employment and Labor pursuant to the previous provisions, notwithstanding the amended provisions of Article 20 (3). Article 10 (Transitional Measures concerning Amount, etc. of Subsidies for Employee Retention)
With respect to the amount and coverage of subsidies for employee retention granted to business owners who have taken measures for retaining employees prescribed in the previous provisions of Article 19 (1) 3 and 4 before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 21. Article 11 (Transitional Measures concerning Subsidies for Promotion of Local Employment)
With respect to the restriction on payment of subsidies to business owners who have met the eligibility requirements for subsidies for promotion of local employment, as prescribed in Article 24 (1), before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 24 (6). Article 12 (Transitional Measures, etc. concerning Subsidies for Extension of Employment of Seniors)
| (1) | With respect to the payment of subsidies to business owners who have met the eligibility requirements for subsidies for extension of employment of seniors, as prescribed in the previous provisions of Article 25 (1), before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of the proviso to Article 25 (1) with the exception of the subparagraphs thereof and of Article 25 (1) 2 and (5). |
| (2) | The amended provisions of Article 25 (1) 3 and of the latter part of Article 25 (4) with the exception of the subparagraphs thereof shall apply to cases where subsidies for extension of employment of the elderly are granted to workers who are reemployed on or after the date this Decree enters into force. |
Article 13 (Transitional Measures concerning Subsidies for Wage Peak System)
With respect to the granting of subsidies for wage peak system to business owners that implement the wage peak system as at the time this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 28 (1) 1 and 4, (2) 1 and 3, and (4). Article 14 (Transitional Measures concerning Subsidization for Management of Employment Insurance for Construction Workers)
With respect to the granting of subsidies for management of employment insurance to business owners who have met the eligibility requirements for subsidies for management of employment insurance for construction workers, as prescribed in the previous provisions of Article 32 before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 32. Article 15 (Transitional Measures concerning Assistance with Employment Training)
With respect to employment training assistance for the insured workers, etc. who attend the vocational skills development training courses, as prescribed in the previous provisions of Article 47 (1), as at the time this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 47 (1). Article 16 (Transitional Measures concerning Restrictions on Granting of Subsidies, etc. Due to Improper Acts)
With respect to the restrictions on granting of subsidies regarding business owners subject to the restrictions on granting of subsidies prescribed in the previous provisions of Article 56 (1) before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 56 (1). Article 17 (Transitional Measures concerning Guidelines for Payment of Early Re-Employment Allowances)
With respect to the payment of early re-employment allowances to those who have applied for recognition of eligibility for job-seeking benefits, as prescribed in Article 42 of the Act, before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 84 (1). Article 18 (Transitional Measures concerning Amount of Early Re-Employment Allowances)
With respect to the amount of early re-employment allowances for those who have applied for recognition of eligibility for job-seeking benefits, as prescribed in Article 42 of the Act, before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 85 (2). Article 19 (Transitional Measures concerning Claim for Early Re-employment Allowances)
With respect to the submission of written claims for early re-employment allowances by those who have applied for recognition of eligibility for job-seeking benefits, as prescribed in Article 42 of the Act, before this Decree enters into force, the previous provisions shall prevail, notwithstanding the amended provisions of Article 86 (2). Article 20 Omitted.
ADDENDA <Presidential Decree No. 25388, Jun. 17, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2014.
Article 2 (Applicability to Granting of Subsidies for Employment Security during Period of Childbirth and Child Care)
The amended provisions of Article 29 (1) 2 shall apply to cases where subsidies for employment security during the period of childbirth and child care are granted to business owners that employ female workers who will give birth to babies after this Decree enters into force. Article 3 (Applicability to Maximum Amount of Maternity Leave Benefits)
The amended provisions of subparagraph 1 of Article 101 shall apply to female workers who give birth to babies after this Decree enters into force.
ADDENDA <Presidential Decree No. 25645, Sep. 30, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on October 1, 2014.
Article 2 (Applicability to Subsidies for Employment Security during the Period of Childbirth and Child Care)
The amended provisions of Article 29 (1) 1 shall also apply where an employment contract is concluded with a worker who is on his/her child care leave or whose child care leave ends as at the time this Decree enters into force. Article 3 (Applicability to Special Cases concerning Child Care Leave Benefits)
The amended provisions of Article 95-2 shall apply, beginning with the second insured worker who begins a child care leave for the same child after this Decree enters into force. Article 4 (Applicability to Amount of Benefits for Reduction of Working Hours during Infant Care Period)
Notwithstanding the amended provisions of Article 104-2 (2), the previous provisions shall apply to the amount of benefits for reduction of working hours during the period of infant care, payable to an insured worker who has reduced working hours during the period of infant care before this Decree enters into force.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25955, Dec. 31, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Article 2 (Applicability to Subsidies for Employment Promotion)
The amended provisions of Article 26 (4) 4 shall apply where a business owner employs an unemployed person falling under any of the subparagraphs of Article 26 (1) as an insured worker on or after this Decree enters into force. Article 3 (Applicability to Subsidies for Wage Peak System)
The amended provisions of the proviso to Article 28 (1) and the amended provisions of Article 28 (3) shall apply where a wage peak system is implemented under Article 28 (1) 2 on or after this Decree enters into force. Article 4 (Applicability to Restrictions on Granting of Subsidies on Account of Improper Acts)
The restriction on payment under Article 56 (2) under the amended provisions of paragraph (1) of the same Article shall apply where there occurs a cause for issuing an order to return a subsidy or for imposing a restriction on payment of a subsidy on or after this Decree enters into force. Article 5 (Transitional Measures concerning Amount of Subsidies for Employee Retention)
Notwithstanding the amended provisions of Article 21 (1), the previous provisons shall apply to the amount of subsidies for employee retention under a plan for taking measures for retaining employees that is reported before this Decree enters into force. Article 6 (Transitional Measures concerning Limits on Basic Daily Wage for Benefits)
Notwithstanding the amended provisions of Article 68 (1), the previous provisions shall apply to the daily wage that constitutes the basis for calculating the job-seeking benefits of a person whose employment was severed before this Decree enters into force.
ADDENDUM <Presidential Decree No. 26208, Apr. 20, 2015>
This Decree shall enter into force on April 21, 2015.
ADDENDA <Presidential Decree No. 26368, Jun. 30, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 1, 2015: Provided, That the amended provisions of Article 145 (1) 23 and paragraph (2) 4 of the same Article shall enter into force on January 1, 2016. Article 2 (Applicability to Limitation on Assistance for Expenses of Vocational Skills Development Training)
The amended provisions of Article 42 (5) shall apply to cases where the assistance for vocational skills development program is limited pursuant to Article 35 (3) of the Act for the grounds of having received or intending to receive assistance for vocational skills development training by fraud or other improper means on or after the date this Decree enters into force. Article 3 (Applicability to Subsidization for Development of Workers’ Vocational Skills)
| (1) | The amended provisions of Article 43 (1) 6 shall apply to cases where an insured worker aged 45 or over as at the time this Decree enters into force receives vocational skills development training on or after the date this Decree enters into force. |
| (2) | The amended provisions of Article 43 (1) 8 shall apply to cases where an insured worker under child care leave as at the time this Decree enters into force receives vocational skills development training on or after the date this Decree enters into force. |
Article 4 (Transitional Measures concerning Support for Subsidies for Employment Security during the Period of Childbirth and Child Care)
| (1) | Notwithstanding the amended provisions of Article 29 (1) 2 and paragraph (3) of the same Article, the former provisions shall apply to the payment of the subsidies for employment security during the period of childbirth and child care in cases where the relevant worker starts child care leave, etc. because a business owner granted child care leave, etc. before this Decree enters into force. |
| (2) | Notwithstanding the amended provisions of Article 29 (1) 3 (a) and paragraph (4) of the same Article, the former provision shall apply to the payment of the subsidies for substitute workers in cases where a business owner allows an insured worker a maternity leave, a miscarriage or stillbirth leave or a child care leave, etc. and employs a substitute worker before this Decree enters into force. |
Article 5 (Transitional Measures concerning Methods, Etc. Granting Child Care Leave Benefits)
Notwithstanding the amended provisions of Article 95 (3) and (4) and Article 98, the former provisions shall apply to granting child care leave benefits in cases where an insured worker starts child care leave before this Decree enters into force.
ADDENDA <Presidential Decree No. 26496, Aug. 19, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Effective Period)
The amended provisions of Article 17 (1) 6 shall be effective only until December 31, 2018: Provided, That the amended provisions of Article 17 (1) 6 shall apply even after the expiration of the effective period to the business owner who hires an unemployed youth through an introduction of wage peak system or other changes, etc. in its wage system pursuant to the amended provision of Article 17 (1) 6 until December 31, 2018. Article 3 (Applicability to Support for Job Creation)
The amended provisions of Article 17 (1) 6 shall also apply to the business owner who hires an unemployed youth between 15 and 35 years of age through an introduction of wage peak system or other changes in its wage system after July 1, 2015.
ADDENDA <Presidential Decree No. 26690, Dec. 4, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2016: Provided, That the amended provisions of Article 17 (1) 6, Articles 28-2, 28-3, and 40 (2) and (6) shall enter into force on the date of its promulgation. Article 2 (Applicability to Subsidies for Reducing of Wages in Business or Place of Business Having Set Retirement Age at 60 or More)
The amended provisions of Article 28-2 shall also apply to the workers whose wage decreased due to the application of the relevant system after the enforcement date under the proviso of Article 1 of the Addenda in the business or place of business where the relevant system was implemented before the enforcement date under the proviso of Article 1 of the Addenda. Article 3 (Applicability to Assistance to Business Owners for Expenses of Vocational Skills Development Training)
The amended provisions of Article 41 (3) 5 shall also apply to workers who were employed on condition of receiving vocational skills development training and evaluation before this Decree enters into force and received vocational skills development training and evaluation after this Decree enters into force. Article 4 (Transitional Measures concerning Supports for Expenses Incurred for Operation of Child Care Center in Enterprises Eligible for Preferential Support)
Notwithstanding the amended provision of Article 38-4, the previous provisions shall apply to the assistance for expenses incurred for operation during the period before this Decree enters into force paid to the business owners of the enterprises eligible for preferential support who established and operates child care center before this Decree enters into force. Article 5 (Transitional Measures concerning Special Cases concerning Child Care Leave Benefits)
Notwithstanding the amended provision of Article 95-2, the previous provisions shall apply to insured workers under the second child care leave for the same children as at the time this Decree enters into force. Article 6 (Transitional Measures concerning Standard of Imposing Administrative Fines)
Notwithstanding the amended provisions of subparagraph 2 (a) of Attached Table 3, the previous provision shall apply to the application of the standards of imposing administrative fines against the violation before this Decree enters into force.
Article 7 Omitted.
ADDENDUM <Presidential Decree No. 26844, Dec. 31, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27352, Jul. 19, 2016>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 74-2 and 145-2 (1) 15-2 shall enter into force on August 1, 2016.
ADDENDA <Presidential Decree No. 27445, Aug. 11, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDUM <Presidential Decree No. 27549, Oct. 18, 2016>
This Decree shall enter into force on January 1, 2017.
ADDENDA <Presidential Decree No. 27556, Oct. 25, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 1, 2016.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 27738, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017: Provided, That the amended provisions of subparagraph 2 of Article 95-2 shall enter into force on July 1, 2017. Article 2 (Applicability to Restriction on Payment of Subsidies for Promotion of Local Employment, etc. to Business Owners)
The amended provisions of Articles 24 (6) 4-2, 25-2 (2) 2, and 26 (3) 7, and the proviso to Article 29 (1) shall apply, beginning with the business owner whose name is disclosed pursuant to Article 43-2 of the Labor Standards Act after this Decree enters into force. Article 3 (Applicability to Special Cases concerning Child-Care Leave Benefits)
The amended provisions of Article 95-2 (2) shall apply, beginning with the cases of paying child-care leave benefits for the second or younger child born after July 1, 2017. Article 4 (Applicability to Maximum Amount of Maternity Leave Benefits, etc.)
The amended provisions of subparagraph 1 of Article 101 shall apply to an insured worker who is on maternity leave or miscarriage or stillbirth leave as at the time this Decree enters into force, by calculating daily benefits for the period of maternity leave or miscarriage or still birth leave used after this Decree enters into force. Article 5 (Transitional Measures concerning Payment of Incentives for Employment Promotion to Business Owners)
| (1) | Subsidies for employment promotion paid to business owners before this Decree enters into force shall be deemed incentives for employment promotion pursuant to the amended provisions of Article 26. |
| (2) | Notwithstanding the amended provisions of paragraph (2), (3) 4 through 6, (4), and (5), and the main sentence of paragraph (6) of Article 26, former provisions shall apply to the requirements for, period of, and amount of payment of incentives for employment promotion to business owners who employ the relevant unemployed persons as insured workers pursuant to the former Article 26 (1), and the number of insured workers eligible for incentives for employment promotion. |
Article 6 (Transitional Measures concerning Payment of Incentives for Employment Security during the Period of Childbirth and Child Care to Business Owners)
| (1) | Subsidies for employment security during the period of childbirth and child care paid to business owners before this Decree enters into force shall be deemed incentives for employment security during the period of childbirth and child care pursuant to the amended provisions of Article 29. |
| (2) | Notwithstanding the amended provisions of the main sentence of Article 29 (1) 1 and paragraph (2) of the same Article, former provisions shall apply to the requirements for and period of payment of incentives for employment security during the period of childbirth and child care to business owners who entered into a labor contract for at least one year pursuant to Article 29 (1) 1 before this Decree enters into force. |
| (3) | Notwithstanding the amended provisions of Article 29 (1) 3 (c) and (4), former provisions shall apply to the requirements for and period of payment of incentives for employment security during the period of childbirth and child care to business owners who granted or allowed at least 30 days of maternity leave, miscarriage or stillbirth leave, or child-care leave to a worker who is an insured worker and hired a substitute worker pursuant to the main sentence of Article 29 (1) 3. |
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 27966, Mar. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2017.
Article 2 (Transitional Measures concerning Maximum Amount of Daily Wage Used as Basis for Calculation of Benefits)
Notwithstanding the amended provisions of Article 68 (1), former provisions shall apply to the daily wage which constitutes the basis for the calculation of job-seeking benefits for a person whose employment was severed before this Decree enters into force.
ADDENDA <Presidential Decree No. 28160, Jun. 27, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on June 28, 2017.
Article 2 (Applicability to Child Care Leave Benefits to Fixed-Term Workers)
The amended provisions of Article 95 (4) shall apply beginning with the first fixed-term employee whose term of labor contract expires after this Act enters into force.
ADDENDA <Presidential Decree No. 28256, Aug. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2017.
Article 2 (Transitional Measure concerning Child Care Leave Benefits)
Notwithstanding the amended provisions of Article 95, the former provisions shall apply to child care benefits for a period of child care leave before this Decree enters into force.
ADDENDA <Presidential Decree No. 28469, Dec. 12, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Adjustment of Subsidies, etc.)
The amended provisions of the proviso to Article 40 (2) shall also apply where the requirements for subsidies pursuant to Article 17 (1) 4 and for subsidies pursuant to subparagraph 2 of Article 35 are met before this Decree enters into force.
ADDENDA <Presidential Decree No. 28504, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2018: Provided, That the amended provisions of Article 2 (2) of the Addenda to the Enforcement Decree of the Employment Insurance Act, Presidential Decree No. 23513, shall enter into force on the date of its promulgation. Article 2 (Applicability to Subsidies for Employment of Seniors Aged 60 Years or Older)
The amended provisions of Articles 25-2 (4) shall apply beginning with payment of subsidies for employment of the elderly aged 60 years or older in the first quarter of the year 2018. Article 3 (Applicability to Amount of Unemployment Benefits Unseizable)
The amended provisions of Article 58-3 shall apply beginning with the transfer of unemployment benefits to an unemployment benefit receipt account pursuant to Article 37-2 (1) of the Act after this Decree enters into force. Article 4 (Transitional Measures concerning Training Subsidies Out of Subsidies for Employee Retention)
With respect to any business owner who has conducted employee retention training before this Decree enters into force, training subsidies shall be granted pursuant to the previous provisions, notwithstanding the amended provisions of Articles 19 (1) 2 and 21 (1). Article 5 (Transitional Measures concerning Maximum Amount of Daily Basic Wage Used as Basis for Calculation of Benefits)
A daily wage which constitutes a basis for calculating job-seeking benefits of a person who has quitted his/her job before this Decree enters into force shall be determined pursuant to the previous provisions, notwithstanding the amended provisions of Article 68 (1). Article 6 (Transitional Measures concerning Benefits for Reduced Working Hours during Infant Care Period)
Benefits for working hours reduced during the period of child care before this Decree enters into force shall be determined pursuant to the previous provisions, notwithstanding the amended provisions of Article 104-2 (2).