Article 22 (Subsidy for Promotion of Employment of Aged) (1) The Minister of Labor shall pay subsidy for the promotion of the employment of the aged to any business operators who satisfy conditions falling under any of the following subparagraphs pursuant to Article 18 of the Act: <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
1.The business operator is required to keep the ratio of the monthly average number of the aged (referring to the aged provided for in the Employment Promotion for the Aged Act; hereinafter the same shall apply) who are employed for not less than one year to the number of monthly average workers of the relevant business shall be not lower than the ratio that is prescribed and published by business type by the Minister of Labor;
2. Deleted; and <by Presidential Decree No. 18555, Oct. 1, 2004>
3.The business operator is required not to lay off any person who has worked for not less than 18 months and whose retirement age arrives after being employed by the relevant business operator of the workplace that sets its retirement age at not less than 57 and not to lay off any person who is reemployed (hereinafter referred to as the "reemployment") within three months after he quits his job at the retirement age three months prior to his reemployment and six months after his reemployment on the grounds of the employment adjustment: Provided, That in the event that the business operator reemploys the aged for not more than 1 year or shortens the retirement age for the aged under the conditions as prescribed by the Ordinance of the Ministry of Labor, no subsidy for the promotion of the employment of the aged shall be paid.
(2) In calculating the number of workers and the aged referred to in paragraph (1) 1, any daily -employed worker and any person who falls under any of subparagraphs 2 or 5 through 7 of Article 8 of the Act shall be each excluded from the number of workers and the aged. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(3) The amount of the subsidy for the promotion of the employment of the aged paid to a business operator meeting the conditions of paragraph (1) 1 shall be the amount calculated by multiplying the amount annually notified by the Minister of Labor, by the number of the employed aged persons in excess of the ratio that is set and published according to the type of business by the Minister of Labor in accordance with paragraph (1) 1: Provided,That the period during which the business operator is eligible for the payment of the subsidy for the promotion of the employment of the aged shall not exceed 5 years and the total amount of the subsidy shall not exceed an amount obtained by the multiplication of the number equivalent to 15/100 (10/100 in the case of any large-scale enterprise) of the number of workers of the relevant business by the amount that is published by the Minister of Labor. <Amended by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(4) Deleted. <by Presidential Decree No. 18555, Oct. 1, 2004>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) The amount of the subsidy for the promotion of the employment of the aged that is paid to any business operator who meets the requirements referred to in paragraph (1) 3 shall be an amount obtained by the multiplication of the number of the reemployed workers after their retirements by the amount that is published every year by the Minister of Labor taking into account wage hike rates and circumstances surrounding the labor market, etc. and the subsidy for promoting the employment of the aged shall be paid for 6 months (12 months for the business operator of any enterprise falling under Article 15 (1) 2). <Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004>
(7) Necessary details related to application for and payment of the subsidy for the promotion of the employment of the aged shall be determined by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 22-2 (Subsidy for Promotion of New Employment) (1) In the event that any business operator employs anyone who has been out of work in excess of the unemployment period by the unemployed persons that is prescribed in the attached Table 1 and is reckoned from the date on which the latter files an application with any vocational stabilization agency or any agency that is prescribed by the Ordinance of the Ministry of Labor for a job as one of the insured (excluding any worker whose employment contract is short and any other worker who is prescribed by the Ordinance of the Ministry of Labor) and keeps him employed without laying him off on the grounds of employment adjustment for the period ranging from 3 months before his employment to 6 months after his employment in accordance with Article 18 of the Act, the Minister of Labor shall pay such business operator the subsidy for the promotion of new employment: Provided, That in the event that any newly employed worker is employed by any business operator who is the former's latest employer (including any business operator related with the relevant business, such as merging with the business operator before the final loss of employment or taking over the business thereof, who is prescribed by the ordinance of the Ministry of Labor), such subsidy for the promotion of new employment shall not be paid. <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(2) The subsidy for the promotion of new employment referred to in paragraph (1) shall be the amount computed by multiplying the amount annually notified by the Minister of Labor in view of the rate of wage hike, the given conditions of labor markets, etc. by the number of employed workers, and shall be paid for 12 months (the employment period in the event that the employment period of the relevant worker is not more than 12 months). In this case, the amount that is published by the Minister of Labor may be deferentially set according to the working period. <Amended by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(3) Where any worker is doubly eligible for the payment of the subsidy for the promotion of new employment that is prescribed in the attached Table 1, the amount referred to in paragraph (2) shall be paid based on the eligibility for which the relevant business operator files an application. <Newly Inserted by Presidential Decree No. 18555, Oct. 1, 2004>
(4) Where the number of the newly employed workers under paragraph (1) exceeds 100 during the period of relevant insurance year, the subsidy for the promotion of new employment shall be paid for 100 workers and 30/100 of workers in excess. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) Matters necessary to apply for and to pay the subsidy for the promotion of new employment shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004>
[This Article Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999]
Article 22-3 (Subsidies for Promotion of Employment of Middle-Aged Persons who Completed Job Training)(1) The Minister of Labor shall provide subsidies for the promotion of the employment of the middle-aged persons who completed job training to any business operator who has newly employed unemployed persons aged 40 or above, and kept them employed as the insured (excluding any worker whose employment contract term is short and other workers prescribed by the Ordinance of the Ministry of Labor) for three months prior to their employment and six months after their employment without laying them off under any employment adjustment, within 6 months from the date on which they complete the employment training (limited to the training courses of not less than one month) for the unemployed persons provided for in Article 31 in accordance with Article 18 of the Act and the training courses that are designated and published by the Minister of Labor :Provided, That such subsidies shall not be paid in the event that workers are reemployed by the business operator before the final loss of employment (including any business operator related with the relevant business, such as merging with the business operator before the final loss of employment or taking over the business thereof, who is prescribed by the Ordinance of the Ministry of Labor) who keeps them employed immediately prior to their layoffs.who is prescribed by the Ordinance of the Ministry of Labor) who keeps them employed immediately prior to their layoffs.who is prescribed by the Ordinance of the Ministry of Labor) who keeps them employed immediately prior to their layoffs. <Amended by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(2) The subsidies for the promotion of the employment of the middle aged persons who completed job training shall be paid by the Minister of Labor for 12 months (the employment period if the employment period of the relevant employed worker is less than 12 months) and the Minister of Labor shall calculate the amount of such subsidies by multiplying the number of workers employed under paragraph (1) by the amount that he publishes taking into account wage hike rates and labor market conditions, etc. each year. In this case, the amount that the Minister of Labor publishes may be set in differential manner according to the length of employment. <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(3) Necessary matters concerning the application for and the payment of the subsidies for the promotion of the employment of the middle aged persons who completed job training, etc. shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002]
Article 22-4 (Supplementary Allowance for Wage Peak System) (1) Where any business operator implements a system by which wages are cut on the basis of the certain age, the continuous work period or the wage amount (hereinafter referred to as the " wage peak system") on the conditions that the employment of his workers is guaranteed at the age older than the age that is prescribed by the Ordinance of the Ministry of Labor after obtaining the consent of the representative of his workers pursuant to the provisions of Article 18 of the Act, the Minister of Labor shall pay supplementary allowance for the wage peak system to workers to whom the wage peak system is applied.
(2) The supplementary allowances for the wage peak system referred to in the provisions of paragraph (1) shall be paid to workers who have worked continuously for not less than 18 months after being employed by the relevant business operator and whose wages are cut by not less than 10/100 (excluding a case where the wages of the relevant year are not less than the amount that is published by the Minister of Labor) compared with wages (hereinafter referred to as "peak wages") of the year immediately preceding the year to which the date on which their wages are first cut belongs on the grounds of the application of the wage peak system.
(3) The amount of the supplementary allowance for the wage peak system referred to in the provisions of paragraph (1) shall be the amount that is published by the Minister of Labor taking into account the difference between the peak wages of the relevant worker and the wages of the relevant year, the wage hike rates, etc.
(4) The supplementary allowance for the wage peak system referred to in the provisions of paragraph (1) shall be paid for six years from the time when the wage peak system is applied (where the wage peak system is applied to any worker before he turns 54, referring to the time when he exceeds 54 years of age; hereafter the same shall apply in this paragraph): Provided, That where the employment period that is calculated from the time when the wage peak system is applied is less than six years , the supplementary allowance for the wage peak system shall be paid during the period.
(5) Necessary matters concerning the calculation of the amount of the supplementary allowances for the wage peak system referred to in the provisions of paragraphs (1) through (4), the application therefor and the payment therof shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
>>The amended provisions of this Article shall lose their effect on and after Jan. 1, 2009, pursuant to Article 2 (1) of the Addenda of the Presidential Decree No. 19246, Dec. 30, 2005>>
Article 22-5 (Subsidy for Continuous Employment After Childbirth) (1) Where a worker falling under any of the following subparagraphs is on the protection leave provided for in the provisions of Article 72 of the Labor Standards Act or a female worker who is not less than 34-week pregnant and for whom the labor contract term or the seconding contract term expires during the relevant leave period or pregnant period, the amount that is prescribed and published by the Minister of Labor shall be paid for six months to any business operator who concludes a labor contract whose term is not less than one year immediately after the initial labor contract term or the seconding contract term expires. In this case, the higher amount of the subsidy may be paid to any business operator who concludes a contract whose term is not fixed:
1.The worker whose labor contract period is not more than one year (excluding any worker who renews his one-year labor contract repeatedly); and
2.The seconded worker provided for in the Protection, etc. of Dispatched Workers Act.
(2) Necessary matters concerning the application for the payment of the subsidy and its payment, etc. referred to in the provisions of paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 23 (Subsidy for Infant-Care Leave and Subsidy for Employing Substitute Manpower) (1) The Minister of Labor shall pay the subsidy for the infant-care leave to any business operator who grants any of his workers who is insured an infant-care leave of not less than 30 days (excluding any period that overlaps the before and after childbirth leave period of 90 days provided for in Article 72 of the Labor Standards Act), which is provided for in Article 19 of the Act on the Equal Employment for Both Sexes, and keeps the worker employed as one of the insured for not less than 30 days after the completion of the infant-care leave in accordance with Article 18 of the Act. <Amended by Presidential Decree No. 19103, Oct. 26, 2005>
(2) The amount of the subsidy for the infant-care leave referred to in paragraph (1) shall be an amount obtained by the multiplication of the number of months that are spent by any worker for infant care (including the period of paid leave after childbirth provided for in Article 72 of the Labor Standards Act: Provided, That the same shall not apply to the workers of any preferentially supported enterprise) by the amount that the Minister of Labor publishes every year according to the business scale considering the labor cost borne by the business operator following his grant for an infant-care leave. <Amended by Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
(3) When any business operator newly employs the substitute manpower for not less than 30 days from 90 days before the date on which the infantcare leave commences, continues to employ any worker who takes the infant-care leave for not less than 30 days after the infant-care leave ends, and does not lay off the worker on the grounds of employment adjustment from 3 months before he employs the substitute manpower to 6 months after he employs the substitute manpower, the Minister of Labor shall pay the subsidy for employing the substitute manpower in addition to the subsidy for the infant-care leave referred to in the provisions of paragraph (2). <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
(4) The amount of the subsidy for employing the substitute manpower referred to in the provisions of paragraph (3) shall be the amount obtained by multiplying the number of months during which the substitute manpower is used from the date on which the substitute manpower is employed to the date on which the infant-care leave ends by the amount that is published by the business scale by the Minister of Labor taking into account expenses that are borne by the business operator to employ the substitute manpower. <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
(5) Necessary matters concerning the application for and the payment of the subsidy for the infant-care leave and the subsidy for employing the substitute manpower shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
[This Article Wholly Amended by Presidential Decree No. 18555, Oct. 1, 2004]
Article 23-2 (Support for Retirement Mutual Aid Premiums for Construction Workers) (1) With respect to any business operator who subscribes to mutual aid fund for retirement provided for in Article 10 (2) of the Act on the Employment Improvement, etc. of Construction Workers in accordance with Article 18-2 (1) of the Act, the Minister of Labor may subsidize part of the mutual aid premiums that such business operator is required to bear in accordance with Article 13 of the same Act. <Amended by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
(2) The amount of mutual aid premiums to be supported, in accordance with paragraph (1), shall be an amount equivalent to 1/3 of the mutual aid premiums paid by the business operator, starting with the date on which the construction worker becomes a beneficiary. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) Where any business operator who has taken the partial subsidy of mutual aid premiums in accordance with paragraphs (1) and (2) files a claim with the mutual-aid association of construction workers (hereinafter referred to as the "mutual-aid) association of construction workers") provided for in Article 9 of the Act on the Employment Improvement, etc. of Construction Workers for refunding overpaid mutual aid premiums after the effect of his subscription to the mutual aid fund is terminated in accordance with Article 10-2 (3) of the same Act or after he withdraws from the mutual aid fund in accordance with Article 18 of the same Act, the mutual-aid association of construction workers shall refund mutual aid premiums after deducting an amount equivalent to the subsidized mutual aid premiums referred to in paragraphs (1) and (2). <Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19103, Oct. 26, 2005>
(4) Necessary details related to application for and method of support, etc., for the mutual aid premiums as referred to in paragraphs (1) and (2), shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 23-3 (Subsidy for Stabilizing Employment of Construction Workers) (1) The Minister of Labor shall pay a subsidy for stabilizing the employment of construction workers to any business operator who meets all of the following requirements in accordance with Article 18-2 of the Act: <Amended by Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1.He is required to be a business operator provided for in subparagraph 1 of Article 2 of the Act on the Employment Improvement, etc. of Construction Workers;
2.He is required to designate a person in charge of employment management provided for in Article 5 of the Act on the Employment Improvement, etc. of Construction Workers; and
3.Every person in charge of employment management is required to deal with administrative affairs involving the employment insurance, including reports on the acquisition and loss of the insured status, etc. for daily employed workers whose size is not smaller than that set and published by the Minister of Labor.
(2) The amount of the subsidy for stabilizing the employment of construction workers referred to in paragraph (1) shall be an amount that is published every year by the Minister of Labor according to the scale of administering the insured, including reports on the acquisition or loss of the insured status, etc. of daily employed workers, and it shall be paid quarterly.
(3) Necessary matters concerning any application for and any payment of the subsidy for stabilizing the employment of construction workers shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004]
Article 23-4 (Subsidy for Assessing Employment Management, etc.) (1) The Minister of Labor may subsidize part of expenses that are needed by business operators or labor-management organizations to commission specialized institutions to assess the reform of the current wage system and the redefinition of current duties in order to stabilize the employment of the insured, etc. and facilitate their employment within limits of budget pursuant to the provisions of Article 18-3 (1) 1 of the Act.
(2) The selection of persons eligible for the subsidy referred to in the provisions of paragraph (1), the amount of the subsidy and other necessary matters concerning the subsidy shall be prescribed by the Minister of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 23-5 (Employment Stabilization and Employment Facilitation)
The term "project that is prescribed by the Presidential Decree" in the provisions of Article 18-3 (1) 3 of the Act means the project falling under each of the following subparagraphs:
1.The project for education and public relations aimed at stabilizing the employment of the insured, etc. and facilitating the employment of the insured, etc.;
2.The project for the vocational arrangement and the employment support aimed at facilitating the employment of the insured, etc.; and
3.The project for improving the employment environment for the insured, etc. who are the aged, women and the handicapped.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 23-6 (Subsidy for Employment Support Project) (1) The Minister of Labor may subsidize expenses necessary for the employment support project that is run by any person falling under each of the following subparagraphs pursuant to the provisions of Article 18-3 of the Act and the provisions of subparagraph 2 of Article 23-5 of this Decree within limits of budget:
1.Any person who runs the free vocational arrangement business pursuant to the provisions of Article 18 of the Employment Security Act or the paid vocational arrangement business pursuant to the provisions of Article 19 of the same Act;
2.Any person who runs the vocational information provision business pursuant to the provisions of Article 23 of the Employment Security Act; and
3.Any person who is recognized by the Minister of Labor as being able to run the employment support business.
(2) When the Minister of Labor intends to subsidize the expenses pursuant to the provisions of paragraph (1), he shall publish beforehand the types and details of the business subject to the subsidy, the scope of the insured, etc. eligible for the subsidy, the contents and amount of the subsidy, the ways of an application for the subsidy, etc. In this case, the insured, etc. eligible for the subsidy shall be selected from among the aged, etc. provided for in the provisions of Article 18 of the Act who have had their job-seeking applications registered in any vocational stabilization agency, taking into account the current job-offer situation, the current situation of job-seeking activities, etc.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 23-7 (Subsidy for Improving Employment Environment for Aged, etc.) (1) The Minister of Labor may subsidize or loan part of expenses within limits of budget to any business operator who intends to install or upgrade the relevant facilities or equipment in order to stabilize and facilitate the employment of the insured, etc. who are the aged, women, or the handicapped pursuant to the provisions of Article 18-3 of the Act and subparagraph 3 of Article 23-5 of this Decree.
(2) The selection of persons eligible for subsidy or loan referred to in the provisions of paragraph (1), the requirements therefor, and other necessary matters concerning the subsidy or loan shall be prescribed by the Minister of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 24 (Support of Employment Promotion Facilities) (1) The term "other employment promotion facilities prescribed by the Presidential Decree" in Article 19 of the Act means the facilities falling under each of the following subparagraphs: <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
1. Employment promotion facilities that are installed and operated by local governments pursuant to the provisions of Article 21 (1) of the Framework Act on Employment Policy;
2. Employment support facilities that are operated by schools that are designated by the Minister of Labor from among the schools provided for in the provisions of subparagraphs 1, 2 and 4 of Article 2 of the Higher Education Act;
3. Talent banks of the aged provided for in the provisions of Article 11 of the Employment Promotion for the Aged Act; and
4. Other employment promotion facilities that are prescribed by the Ordinance of the Ministry of Labor, which are used to stabilize the employment of the insured, etc., to facilitate the employment of the insured, etc. and to secure manpower for business operators.
(2) The Minister of Labor may subsidize part of expenses needed by persons who install and operate employment promotion facilities pursuant to the provisions of Article 19 of the Act and persons who are commissioned by the State to install and operate employment promotion facilities pursuant to the provisions of Article 21 of the Framework Act on Employment Policy. <Amended by Presidential Decree No. 19246, Dec. 30, 2005>
(3) Necessary details related to the support of employment promotion facilities under paragraph (1) shall be determined by the Minister of Labor.
(4) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may give support to part of the operation expenses of nursery facilities which any business operator establishes or operates independently or jointly, under the conditions determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997>
(5) The Minister of Labor may support with loans or subsidize part of expenses needed by a business operator or a business operators' association which intends to install nursery facilities independently or jointly under the provisions of Article 19 of the Act under the conditions prescribed by the Minister of Labor. In this case, the amount of loans and the financial support for any operator of the business subject to the preferential financial support (including any business operators' association where the number of preferentially supported enterprises is in excess of 50/100), any business operator or any business operators' association that intends to install nursery facilities for disabled children or babies may be raised. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17853, Dec. 30, 2002>
Article 24-2 Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Article 25 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 26 Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Article 26-2 (Special Cases of Business Subject to Block Application)
For businesses which are subject to block application pursuant to Article 8 of the Insurance Premium Collection Act, every individual business shall be deemed to be one business, and Articles 15-2 through 15-6, 17, 18, 19-2, 20, 22, 22-2, 22-3, 23, 23-2 and 23-3 shall be applied. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18572, Oct. 29, 2004>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 26-3 (Mutual Adjustment of Support Payments and Subsidy) (1) Any business operator who satisfies requirements for receiving the employment maintenance support payment under the provisions of Article 17, when he takes measures satisfying requirements for receiving the payment of the reemployment promotion subsidy, subsidy for the promotion of the employment of the aged, the subsidy for the promotion of new employment, and the subsidy for the promotion of the employment of middle-aged persons who completed job training under the provisions of Articles 19-2, 22 (1) 3, 22-2 and 22-3 during the relevant period of employment maintenance measures, shall be excluded from receiving the payment of those subsidies with the exception of the employment maintenance support payment. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004>
(2) Where any worker meets all of the requirements for the payment of the subsidy for making good use of the professional manpower of small and medium enterprises, the reemployment promotion subsidy, the local employment promotion support payments, the employment promotion subsidy for the aged , the subsidy for the promotion of new employment and the subsidy for the promotion of the employment of the middle-aged persons who completed job training provided for in Articles 15-5, 19-2, 20, 22, 22-2 and 22- 3, one subsidy shall be paid at the request of the relevant business operator. <Amended by Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(3) Where any business operator meets all of the requirements for the payment of the subsidy for shortening working hours of small and medium enterprises, the subsidy for switching to the swing-shift system, the subsidy for improving the employment environment of small and medium enterprises and the subsidy for developing and running new business type of small and medium enterprises provided for in Articles 15-2, 15-3, 15-4, and 15-6, one subsidy shall be paid at the request of the relevant business operator . <Newly Inserted by Presidential Decree No. 18555, Oct. 1, 2004>
(4) Where any business operator who is presently being paid any subsidy referred to in paragraph (3) meets the requirements for the payment of subsidies referred to in paragraph (2), he may be paid an amount obtained by the multiplication of the ratio that the Minister of Labor fixes and publishes by the amount of the subsidy referred to in paragraph (2). <Newly Inserted by Presidential Decree No. 18555, Oct. 1, 2004>
[This Article Wholly Amended by Presidential Decree No. 16464, Jul. 1, 1999]
Article 27 (Support for Expenses of Vocational Ability Development Training for Business Operators) (1) The term "vocational ability development training prescribed by the Presidential Decree" in Article 22 of the Act means training courses that fall under any of the following subparagraphs and are approved in accordance with Article 24 of the Act on the Development of Occupational Abilities of Workers: <Amended by Presidential Decree No. 19705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18911, Jun. 30, 2005; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1. Vocational ability development training carried out for the insured;
1-2. Vocational ability development training that is provided for any person who is not the insured but is employed by the relevant business operator;
2. Vocational ability development training carried out for those desired to be employed in the business or a business associated therewith;
3. Vocational ability development training carried out by any vocational stabilization agency intended for persons registered as job-seekers; and
4. Vocational ability development training conducted for the insured [excluding the self-employed provided for in the provisions of Article 83-2 of the Act (hereinafter referred to as the "self-employed")] who are employed in such business by granting the paid leaves that meet the requirements falling under any of the following items (referring to the paid leaves that are different from the monthly paid leave and the annual paid leave under Articles 57 and 59 of the Labor Standards Act, and an amount equivalent to or more than the regular wages is paid during the paid leave):
(a) The business operator of any enterprise eligible for preferential support or any business operator who has the full-time workers of less than 150 employed on his payroll is required to grant his workers paid leaves for not less than seven consecutive days in order for them to undergo training that lasts not less than 30 hours;
(b) The business operator who does not fall under item (a) and who has workers who have worked for his business for not less than one year is required to undergo the training of not less than 120 hours by granting the workers the paid leaves of not less than 30 days; and
(c) The business operator is required to undergo the training for not less than 20 hours by granting the paid leaves to workers who are engaged in production and in similar work and who are notified by the Minister of Labor in order to improve their techniques and skills.
(2) The support amount for the vocational ability development training referred to in paragraph (1) shall be an amount calculated by multiplying the ratio that the Minister of Labor publishes taking into account the business size by training expenses (limited to the expenses that fall under the standards published by the Minister of Labor) and in the case of paragraph (1) 2 and 3, such amount shall be added with training allowances that are set and published by the Minister of Labor and in the case of paragraph (1) 4, such amount shall be added with an amount equivalent to part of the wages paid during the period of paid leave (the specific support amount shall be set and published by the Minister of Labor). In this case, <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(3) With respect to any business operator who conducts the vocational ability development training for a person falling under any of the following subparagraphs, the amount of the subsidy may be raised under the conditions as prescribed and published by the Minister of Labor, notwithstanding the provisions of paragraph (2). In this case, the amount equivalent to the whole or part of the wages paid during the training period may be paid in the amount of the subsidy: <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
1.A person whose labor contract term is not more than one year;
2.A short-time worker provided for in the provisions of Article 21 of the Labor Standards Act;
3.A seconded worker provided for in the Protection, etc. of Dispatched Workers Act; and
4. A daily employed worker.
(4) The necessary matters on the scope of support, the upper limit of support and the procedure for application for support, and other necessary matters for the training expenses for vocational ability development training and the training allowances therefor shall be determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 28 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 29 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 30 (Limits to Support for Expenses)(1) The annual total amount of vocational ability development training expenses that every business operator is entitled to be paid in accordance with Article 23-2 of the Act shall be an amount equivalent to 100/ 100 (240/100 in the case of a preferentially supported enterprise) of the roughly estimated insurance premiums and special case insurance premiums for the employment stabilization and vocational ability development project that the business operator is liable to pay in the relevant year in accordance with Articles 13 (1) 1, 17 (1) and 21 of the Insurance Premium Collection Act: Provided,That the limit of the annual total amount of the expenses that is to be paid to any business operator who falls under any subparagraph of Article 16 (2) may be 130/100 (300/100 in the case of a preferentially supported enterprise) of the roughly estimated insurance premiums for the employment stabilization and vocational ability development project that the business operator is liable to pay in the relevant year. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18572, Oct. 29, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(2) Where any business operator conducts the training courses that are approved in accordance with Article 24 of the Act on the Development of Occupational Abilities of Workers for workers engaged in the business other than his business, the business operator may be paid up to 80 /100 of the roughly estimated insurance premium for the vocational ability development program which he is liable to pay in the relevant year in addition to the amount of the support payment referred to in paragraph (1). <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18911, Jun. 30, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
(3) Notwithstanding the provisions of paragraphs (1) and (2), where the amount of the support payment falls short of the minimum amount of the expenses support limit set by the Minister of Labor in the light of the business size and type, etc., the minimum amount of the expenses support limit set by the Minister of Labor shall be the amount of the support payment. <Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999>
(4) With respect to the vocational ability development training provided for in the provisions of Article 27 (1) 2 and 3, additional subsidy other than the subsidy provided for in the provisions of paragraphs (1) through (3) may be paid within limits of budget. <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
Article 30-2 (Financial Support for Workers Taking Lectures) (1) Where the insured falling under any of the following subparagraphs participate in the vocational ability development training provided for in Article 2 of the Act on the Development of Occupational Abilities of Workers (hereinafter referred to as the "vocational ability development training") at his own expense, the Minister of Labor may financially support such expense, in whole or in part, under the conditions as prescribed by the Ordinance of the Ministry of Labor. In this case, with respect to the insured who fall under any of subparagraphs 4 through 7, the amount of the subsidy may be raised under the condition as prescribed and published by the Minister of Labor: <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18911, Jun. 30, 2005; Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1.A person who is scheduled to leave his job, and has left his job within a month during or after the training: Provided, That the cases falling under the cause for restriction on qualifications for benefit payment under Article 45 of the Act shall be excluded;
2.A person who is 40 or more years old;
3. A person who is employed by the business that has less than 300 workers employed on its payroll;
4. A person whose labor contract term is not more than one year;
5.A short-time worker provided for in Article 21 of the Labor Standards Act;
6.A seconded worker provided for in the Protection, etc. of Dispatched Workers Act; and
7. A daily employed worker.
(2) Notwithstanding the provisions of paragraph (1), where the insured attend the lecture on the informatization basic course that is prescribed and published by the Minister of Labor at their own expenses, the whole or part of necessary expenses may be subsidized for them even if they do not fall under any of paragraph (1) 1 through 7. <Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005>
(3) Necessary matters concerning the scope of and procedures for application for the training courses subject to the financial support of expenses referred to in paragraphs (1) and (2) shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 19246, Dec. 30, 2005>
(4) Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 30-3 Deleted. <by Presidential Decree No. 19246, Dec. 30, 2005>
Article 30-4 (Loans for Ability Development Expenses) (1) Where any worker who is one of the insured (excluding the selfemployed) is admitted to or studies in the school or the institution falling under any of the following subparagraphs at his own expense in accordance with Article 24 (1) of the Act, the Minister of Labor may loan him school fees, in whole or in part, within limits of budget: <Amended by Presidential Decree No. 19103, Oct. 26, 2005; Presidential Decree No. 19246, Dec. 30, 2005>
1. Polytechnic colleges established pursuant to the Polytechnic College Act;
2. Cyber university-type lifelong educational institutions that confer the same degree or recognize the same scholastic ability as that of the junior college or the university in accordance with Article 22 (3) of the Lifelong Education Act; and
3. Schools provided for in Article 2 of the Higher Education Act.
(2) Where any worker who is one of the insured listens to lectures given in the vocational ability development training, the Minister of Labor may loan him the tuition fee, in whole or in part, within limits of budget:
Provided, That the same shall not apply to a case where the worker listens to lectures falling under any of the following subparagraphs:
1. Information-exchange activities, including any seminar or symposium, and general cultural course, including current issues or common sense;
2. Courses held for hobby activities, amusement, sports, etc.; and
3. Other courses identified as inappropriate for the vocational ability development training course by the Minister of Labor.
(3) The scope of workers who are entitled to be loaned for tuition fees for foreign language courses from among vocational ability development trainings referred to in paragraph (2) shall be prescribed by the Minister of Labor.
(4) The Minister of Labor shall prescribe loan conditions, including the interest rates of loans and the term of loans referred to in paragraphs (1) through (3) after consulting with the Minister of Finance and Economy.
(5) Necessary matters concerning the selection of workers entitled to loans referred to in paragraphs (1) through (3), procedures for and frequency of such loans shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002]
Article 30-5 (Subsidy For Ability Development Expenses) (1) The Minister of Labor may subsidize the whole or part of school fees for persons whose grades are outstanding from among the insured (excluding the self-employed) of preferentially supported enterprises, who are admitted to or studying at the school or the establishment that falls under any subparagraph of Article 30-4 (1) within limits of budget pursuant to the provisions of Article 24 (1) of the Act.
(2) Necessary matters concerning the selection of persons eligible for the subsidy referred to in the provisions of paragraph (1), the amount of the subsidy and ways to pay the subsidy shall be prescribed by the Minister of Labor.
[This Article Newly Inserted by Presidential Decree No. 19246, Dec. 30, 2005]
Article 31 (Employment Training for Unemployed Person) (1) The Minister of Labor may conduct the employment training for unemployed persons who are deemed necessary to undergo vocational ability development training for employment under Article 24 (2) of the Act. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(2) The expenses required for the employment training referred to in paragraph (1) may be paid to those who undergo training or any institution carrying out the training concerned. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(3) Where the Minister of Labor executes vocational ability development training for the promotion of employment of the unemployed under Article 24 (2) of the Act, if the relevant unemployed person does not have the qualifications for the job-seeking benefit as stipulated in Article 33-2 (1) of the Act, the Minister of Labor may pay the training allowance. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(4) The Minister of Labor may loan the whole or part of relevant training expenses to the unemployed persons, who were formerly the insured, undergoing the employment training for the unemployed persons under paragraph (1). <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
(5) The selection of those subject to the loan, the procedure for loan, the frequency of loan under paragraph (4) and other matters necessary for loan shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
(6) The institute to execute the employment training for the unemployed persons under paragraph (1), and other matters necessary for the execution of the employment training for the unemployed persons shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 19246, Dec. 30, 2005>
Article 32 (Loan of Expenses for Vocational Ability Development Training Facilities, etc.)(1) The Minister of Labor may extend loans within limits of budget that are used to cover the cost of installing and purchasing facilities and equipment necessary for the vocational ability development training to any business operator, any business operators' association, any workers' association , any vocational ability development training corporation established after obtaining permission therefor from the Minister of Labor in accordance with Article 32 of the Act on the Development of Occupational Abilities of Workers, and any person who installs and operates vocational ability development training facilities in accordance with subparagraph 3 (b) of Article 2 of the Act on the Development of Occupational Abilities of Workers,all of which are presently conducting or intend to conduct the vocational ability development training in accordance with Article 25 of the Act. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18911, Jun. 30, 2005>
(2) Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
(3) The loan conditions, such as the interest rate and terms of the loan, as stipulated in paragraph (1), shall be determined by agreement between the Minister of Labor and the Minister of Finance and Economy. In this case, the interest rates of loans extended to the operator of the business that is eligible for the preferential support or the association of the operators of the relevant business, and the business operator or the association of business operators that undertake or intend to undertake the vocational ability development project provided for in Article 34 (1) 3-4 may be set otherwise. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004>
(4) Necessary details related to the loan ceiling and procedures, etc. of the expenses referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
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