ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT
[Enforcement Date 01. Feb, 1999.] [Presidential Decree No.16095, 01. Feb, 1999., Partial Amendment]
Ministry of Employment and Labor (Employment Insurance Planning Division-Employment Insurance System) , 044-202-7352 Ministry of Employment and Labor (Employment Insurance Planning Division) , 044-202-7373 Ministry of Employment and Labor (Employment Policy Division-Employment Promotion Subsidy , Employment Maintenance Subsidy , etc.) , 044-202-7218 Ministry of Employment and Labor (Employment Support Unemployment Benefit-Unemployment Benefit) , 044-202-7376 Ministry of Employment and Labor (Human Resource Development Division-Training Support for Employer and Worker Vocational Competency Development) , 044-202-7317 Ministry of Employment and Labor (Female Employment Policy Division-Maternity Protection) , 044-202-7476 Ministry of Employment and Labor (Employment Support Unemployment Benefit Division-Insured Management) , 044-202-7378
CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to stipulate matters delegated by the Employment Insurance Act (hereinafter referred to as the “Act”) and particulars necessary for its enforcement.
Article 1-2 (Application of Base Wages) (1) The term “where it falls under any cause prescribed by the Presidential Decree” in Article 2-2 (1) of the Act means a case which falls under any one of the following subparagraphs:
1. Where the data related to wages do not exist or are obscure;
2. Where it is difficult to grasp the location of a business place due to the moving of business or a business place (hereinafter referred to as the “business”); and
3. Where a business owner who ordinarily employs four workers or less (referring to the number of workers calculated by applying mutatis mutandis the calculation method of the number of ordinarily employed workers under Article 69 (2) through (5)) reports to receive the application of the base wages to the relevant insurance year after hearing the opinions of his workers under the conditions prescribed by the Ordinance of the Ministry of Labor.
(2) The base wages under Article 2-2 (2) of the Act shall apply according to the following classification:
1. To ordinary workers who are paid a monthly wage, the base wages shall apply by a unit of month; and
2. To workers who are employed for short time, workers who are paid wages by the hour (hereinafter in this Article referred to as “hour wage workers”), and workers who are paid wages by the day (hereinafter in this Article referred to as “day wage workers”), the base wages shall apply by a unit of hour by making fixed working hours per week: Provided, That where it is not clear that the workers in question are hour wage workers or day wage workers or it is impossible to determine fixed working hours a week, the base wages shall apply by a unit of month.
(3) Though wages are confirmed or changed during the insurance year to which the base wages apply, the base wages shall apply until the end of the insurance year.
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 2 (Scope of Application) (1) The term “business as determined by the Presidential Decree” listed in the proviso of Article 7 of the Act means a business which falls under any of the following subparagraphs: <Amended by Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
1. A business which ordinarily employs four workers or less in agriculture, forestry, fishery, and hunting;
2. Construction work which falls under any of the following items:
(a) Construction work whose total cost (where the ordering person provides its materials, including the amount of money of such materials converted into the market price) is less than the amount notified by the Minister of Labor every year;
(b) Construction work which is conducted by a person other than a housing construction project manager under the Housing Construction Promotion Act or a constructor under the Framework Act on the Construction Industry, and which does not fall under the main sentence of Article 41 (1) 2 of the Framework Act on the Construction Industry; and
3. A household service business.
(2) Deleted. <by Presidential Decree No. 15902, Oct. 1, 1998>
(3) The scope of a business which falls under any of subparagraphs of paragraph (1) is based on the Korean Standard Industrial Classification List which is announced by the Administrator of the National Statistical Office under the Statistics Act, except for cases which are specially regulated by the Act and this Decree. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(4) The whole cost of the construction referred to in paragraph (1) 2 (a) shall be the total sum of the individual contract prices when the contract has been made, by dividing the same construction work into two or more parts (including the case where the ordering person performs part of the construction directly) for the completion of final constructed products, regardless of whether it is called a trust or other names: Provided, That this shall not apply in case where works of respective contracted parts are independently conducted in terms of time and place. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(5) In the case where the whole cost of the construction work is less than the amount announced by the Minister of Labor pursuant to paragraph (1) 2 (a) but turns out to exceed that amount due to a change of design (including the case where a design is actually changed), or is treated as a block pursuant to Article 10-2 (1) and (2) of the Act, the provisions of the Act shall apply as a whole from that time. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998>
Article 2-2 Deleted. <by Presidential Decree No. 16095, Feb. 1, 1999>
Article 3 (Workers Excepted from Application) (1) Deleted. <by Presidential Decree No. 15902, Oct. 1, 1998>
(2) The “person determined by the Presidential Decree” under subparagraph 7 of Article 8 of the Act shall be persons defined as follows: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15829, Jul. 1, 1998>
1. Workers who work at a business which is run directly by the government or by a local government;
1. Deleted; <by Presidential Decree No. 15902, Oct. 1, 1998> ≪Enforcement Date; Jan. 1, 2000≫
2. Seamen under the Seamen Act: Provided, That this excludes persons stipulated by the Ordinance of the Ministry of Labor;
3. Deleted; <by Presidential Decree No. 15902, Oct. 1, 1998>
4. Foreign workers: Provided, That persons who have acquired a residence permit to work in a job under Article 23 (1) of the Enforcement Decree of the Immigration Control Act and desire to join, and persons who have the qualification of residence under paragraph (2) of the same Article, are excluded; and
5. Special post office personnel under the Special Post Offices Act.
Article 4 (Agent) (1) The business owner may appoint an agent and let the agent perform the affairs of the business owner under the Act and this Decree.
(2) The business owner must report to the Minister of Labor when appointing or firing the agent.
Article 4-2 (Execution of Affairs by Proxy) (1) Pursuant to Article 8-2 (2) of the Act, the Minister of Labor may have the Korea Labor Research Institute established under Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc. execute, by proxy, research and study projects to support studies on the labor market and activities related to employment insurance (hereinafter referred to as the “insurance”). <Amended by Presidential Decree No. 16093, Jan. 29, 1999>
(2) Where the Minister of Labor has a proxy or agent executing activities pursuant to paragraph (1), he may support the expenses required for the necessary research, study, management and operation, etc., from the insurance fund.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
CHAPTER Ⅱ THE INSURED AND THE INSURANCE RELATIONSHIP
Article 5 (Establishment/Termination Report of Insurance Relationship)
If the owner of the business automatically joined the insurance under the Article 9 (1) of the Act, he shall report this to the Minister of Labor within fourteen days from the establishment date of the insurance relation (the first day of the insurance year concerned in the case of the business which is subject to the block application), and within fourteen days from the date of termination (the date on which the block application relationship is terminated in the case of the business which has been treated as a block) if the insurance relationship has been terminated due to the discontinuation/suspension of the business. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 6 (Optional Insurance Status) (1) When the owner of a business referred to in the proviso of Article 7 of the Act desires to join the insurance under Article 9 (2) of the Act, he may join all of the employment security activities/vocational ability development activities and the unemployment benefits, or may join the unemployment benefits only. <Amended by Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15902, Oct. 1, 1998>
(2) Any business owner who has joined unemployment benefits pursuant to paragraph (1) may join employment security activities and vocational ability development activities upon approval by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15624, Feb. 12, 1998>
(3) Any business owner who has joined employment security activities and vocational ability development activities pursuant to paragraph (1) or (2) may cancel the insurance contract of the insurance activities upon approval by the Minister of Labor. In this case, any insurance contract may be cancelled only where one year has elapsed from the date on which the insurance contract of the insurance activities has been concluded. <Newly Inserted by Presidential Decree No. 15624, Feb. 12, 1998>
Article 7 Deleted. <by Presidential Decree No. 15624, Feb. 12, 1998>
Article 7-2 (Application for Approval for Recognition of Subcontractor as Business Owner)
Where an original contractor desires to obtain the approval referred to in the proviso of Article 9 (5) of the Act, he shall make an application for this to the Minister of Labor within 14 days from the date on which the written contract on the acceptance of payment of the premiums has been consummated.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 8 (Cancellation of Fictitious Joining in Employment Securities Activities, etc.)
Where any business owner who has joined insurance activities pursuant to Article 10 (1) of the Act intends to cancel the insurance contract with respect to employment security activities and vocational ability development activities, the provisions of Article 6 (3) shall apply mutatis mutandis.
[This Article Wholly Amended by Presidential Decree No. 15624, Feb. 12, 1998]
Article 9 (Report on Changes of Insurance Relationship) (1) Deleted. <by Presidential Decree No. 15624, Feb. 12, 1998>
(2) If there are changes in the following matters related to the insured business, the business owner shall report these to the Minister of Labor within fourteen days: for subparagraph 4, he shall report it within fourteen days from the first date of any insurance year: <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
1. Name of the business owner;
2. Name and place of the business;
3. Type of business;
4. The number of workers ordinarily employed (limited to cases where there are any changes whether any enterprise is subject to preferential support referred to in Article 15); and
5. Period of the business (restricted to construction work).
Article 9-2 (Requirements for Block Application of Business) (1) The term “requirements as determined by the Presidential Decree” referred to in Article 10-2 (1) 3 of the Act means the following requirements: <Amended by Presidential Decree No. 15581, Dec. 31, 1997; Presidential Decree No. 15902, Oct. 1, 1998>
1. The business owner shall be a constructor according to the Framework Act on the Construction Industry, a housing construction enterpriser under the Promotion of Housing Construction Act, an enterpriser under the Electricity Work Business Act or an enterpriser under the Information and Communication Work Business Act;
2. The total amount of the results of work for the insurance year two years prior to the insurance year concerned shall be not less than 10 billion won; and
3. One or more of the projects subject to employment insurance application as referred to in Article 7 shall be in force on the first day of the insurance year concerned.
(2) Any person who desires to obtain approval for a block application pursuant to Article 10-2 (2) shall request the approval of the Minister of Labor not later than 7 days prior to the commencement of the insurance year concerned.
(3) Any person who desires to obtain the approval for termination of the block application relation pursuant to Article 10-2 (3) of the Act shall make such request to the Minister of Labor not later than 7 days prior to the commencement of the following insurance year concerned.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 9-3 (Report on Commencement or Termination of Business Subject to Block Application)
An business owner who is subject to the block application pursuant to Article 10-2 (1) and (2) of the Act shall report on each of the businesses which he operates to the Minister of Labor, respectively, within 14 days from the date on which the business is commenced or terminated: Provided, That he shall make such report by one day prior to the date of termination for a business which is terminated within 14 days for a report on commencement. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 9-4 (Insurance Relation after Termination of Block Application Relation)
In the case where an business owner of an individual business which is excluded from the application pursuant to Article 2 (1) 2 (a), makes a report on the continued application of the insurance relation to that business, which is one of several businesses that do not correspond to the requirements for block application as referred to in Article 9-2 (1) and the block application relation of which is terminated, then the insurance relation shall be deemed to continue until the date of termination of the concerned business. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 10 (Report on Acquisition or Loss of Insurance Qualification) (1) The business owner, if he desires to report the acquisition or the loss of qualification for insurance, shall, by the 14th day of the month following the month which contains the acquisition date or the loss date, report to the head of the Employment Security Office who has jurisdiction over the business location (hereinafter referred to as the “ head of the Employment Security Office having jurisdiction over the location”) under Article 13 (1) of the Act: Provided, That daily workers under the provisions of Article 30 of the Act are not considered as the insured. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The business owner who makes a report on the commencement or termination of business pursuant to Article 9-3 shall make a report on the acquisition or loss of qualification for insurance to the head of the Employment Security Office having jurisdiction over the site of the individual business within the report deadline as referred to in paragraph (1). <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(3) When the business owner reports the loss of qualification for insurance and the loss of qualification for insurance under the provisions of paragraphs (1) and (2) is caused by separation, he shall make and submit the reasons for separation, the insured unit period and documentation to prove the specifications of wages and retirement allowances paid before the separation (hereinafter referred to as the “confirmation document on separation”): Provided, That this shall not apply in the case where those who lose the qualification for insurance do not desire to apply for recognition of qualification as recipients of unemployment benefits at the time of the separation. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998>
(4) The head of the Employment Security Office who receives the confirmation document on separation pursuant to the main sentence of paragraph (3) shall confirm the insured unit period, causes for separation, and wage payment specifications, etc. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(5) Where the head of the Employment Security Office confirms the contents entered in the confirmation document on separation, he may demand that the separated person submit a doctor’s medical certificate or other document which can prove the causes, if there exists any fact that the separated person concerned has not received wages for not less than 30 days successively within 18 months before the date of the separation due to the causes referred to in Article 31 (2) of the Act. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(6) Where any person who has not submitted the confirmation document on separation pursuant to the proviso of paragraph (3), requires the confirmation document on separation in order to apply for recognition of qualification as recipient of unemployment benefits, he may request the former business owner to deliver the confirmation document on separation. In this case, the business owner who is so requested shall deliver the confirmation document on separation. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
Article 11 (Transference Report of Insured) (1) When the business owner transfers the insured (except for the daily worker under Article 30 of the Act. Hereinafter same Articles 12 and 13) from a business of the concerned business owner to another business, he shall report to the head of the Employment Security Office who has jurisdiction over the business location within 14 days from the transference date.
(2) Deleted. <by Presidential Decree No. 14935, Mar. 9, 1996>
Article 12 (Report on Changes of Name, etc., of Insured)
The business owner, when the name or the resident registration number of the insured has changed or been corrected, shall report to the head of the Employment Security Office having jurisdiction over the location within 14 days from the change or correction date.
Article 13 (Request and Notification of Confirmation) (1) When the insured or the person who was insured desires to request confirmation of the acquisition or loss of qualification for insurance as provided by Article 14 (1) of the Act, he may make this request to the head of the Employment Security Office in charge of the location.
(2) The head of the related Employment Security Office, if the acquisition or loss of the qualification for insurance has been confirmed under Article 14 (2) of the Act, shall notify the result of the confirmation to the worker who has acquired or lost the qualification for insurance and to the business owner who employs or previously employed the worker. In this case, the notification of the person who has acquired or lost the qualification for the insurance may be made through the concerned business owner.
(3) The business owner who is entrusted with notification of the acquisition or loss of the qualification for insurance under the latter part of paragraph (2), when he cannot make such notification because the whereabouts of the person who acquired or lost the qualification for insurance is unknown, shall report that fact directly to the head of the Employment Security Office. <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
(4) The head of the Employment Security Office, when he cannot make the notification under paragraph (2) due to the unknown whereabouts of the person who acquired or lost the qualification for insurance or the business owner, shall put up a notice on the notification board of the concerned Employment Security Office for at least 14 days. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15902, Oct. 1, 1998>
Article 14 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
CHAPTER Ⅲ EMPLOYMENT STABILIZATION ACTIVITIES
Article 15 (Scope of Preferentially Supported Enterprise) (1) Enterprises which shall be given first consideration when implementing such activities as employment stabilization and vocational ability development (hereinafter referred to as the “preferentially supported enterprise”) shall be those which continuously employ the number of persons by industry falling under any one of the following subparagraphs:
1. Mining: not more than 300 persons;
2. Manufacturing industry: not more than 500 persons;
3. Transportation, warehouse and communication industry: not more than 300 persons; and
4. Other industries besides those listed in subparagraphs 1 through 4: not more than 100 persons.
(2) Any enterprise which does not fall under any of the subparagraphs of paragraph (1) and which is confirmed by the Administrator of the Small and Medium Business Administration (including the director of a regional office of the Small and Medium Business Administration or director of a local office of the Small and Medium Business Administration to measure up to the standards referred to in Article 2 (1) and (3) of the Framework Act on Small and Medium Enterprises shall, notwithstanding the provisions of paragraph (1), be deemed to be a preferentially supported enterprise.
(3) Notwithstanding the provisions of paragraphs (1) and (2), any company which has been notified pursuant to Article 4 (1) of the Monopoly Regulation and Fair Trade Act as belonging to a large business conglomerate listed in Article 9 (1) of the Act shall not be deemed to be a preferentially supported enterprise starting from the insurance year following that in which it has received the notification. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(4) In order to determine whether the enterprise is subject to preferential support under paragraph (1) of this Article, the following standards shall be observed: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. The number of workers who are employed ordinarily shall be calculated by dividing the total number of the present workers on the last day of every month of the previous year of all the businesses operated by the business owner (daily workers are excluded in the construction industry), by the operating months of the previous year: Provided, That for a business which manages collective housing referred to in the Housing Construction Promotion Act, the number of workers ordinarily employed shall be calculated by each business; and
2. The industrial classification standard referred to in any of the subparagraphs of paragraph (1) shall be applied on the basis of the major classifications of the Korea Standard Industrial Classification Table published by the Administrator of the National Statistical Office under the Statistics Act: Provided, That where an business owner manages the businesses of two or more industries it shall be on the basis of the industry whose number of ordinarily employed workers is larger, and where the number of workers ordinarily employed are the same, the standard shall be applied on the basis of the total amount of wages and sales.
(5) Notwithstanding paragraph (4), with regarding to the business owner whose insurance relationship was formed during the insurance year, the question of whether his business is a preferentially supported enterprise shall be determined on the basis of the starting date of the insurance relationship.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 16 (Support Contents, etc., of Employment Adjustment) (1) For an business owner who takes measures for employment stabilization pursuant to Article 16 (1) and (2) of the Act, support payments or subsidies shall be granted. <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(2) Any business owner who is eligible for preferential support pursuant to Article 16 (3) of the Act shall be the business owner meeting the conditions of any one of the following subparagraphs: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. The business owner who operates a business which is included in the designated businesses in need of employment adjustment support, etc., (hereinafter referred to as “designated business”) under Article 18 (1) of the Enforcement Decree of the Framework Act on Employment Policy;
2. The business owner who carries out manufacturing/repairing, etc., under a contract with the designated business from the business owner under the provisions of subparagraph 1 and who is the owner of a business of which more than half of the amount of sales is related to the designated business; and
3. The owner of a business which is located at a designated site in need of support for employment adjustment (hereinafter referred to as “designated site”) under the provisions of Article 18 (1) 2 or 3 of the Enforcement Decree of the Framework Act on Employment Policy.
(3) Where it is deemed necessary to take special employment security measures as employment unsecurity such as an increase in unemployment is an urgent problem or the prospects therefor are gloomy, the Minister of Labor may support payments or subsidies referred to in paragraph (1) for the respective designated periods through a deliberation by the Employment Policy Deliberation Committee pursuant to Article 16 of the Act. <Newly Inserted by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 17 (Those to be Granted Employment Maintenance Support Payment) (1) Where an owner of business in which the adjustment of employment has been unavoidable under Article 16 (1) of the Act continues to employ the insured by taking the following measures (hereinafter referred to as “employment maintenance measures”) against those insured employed in the business (excluding daily workers who are employed for the period of less than one month; hereinafter in this Article, Articles 17-3, 19, and 23, the same shall apply), the Minister of Labor shall grant support payment (hereinafter referred to as “employment maintenance support payment”) to the business owner: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
1. Where he suspends business in which the ratio of the number of annual holidays of any insured who suspended business over the number of annual fixed working days of the insured in the business based on a month unit, and pays shutdown allowance for the period of suspension of business operations. In this case, the methods for calculating unit periods and the method, etc. for calculating the number of annual holidays for a suspension of some of fixed working hours shall be determined by the Ordinance of the Ministry of Labor;
2. Where he reduces working hours by the unit of day or week for not less than one month on end on such terms and conditions as the Ordinance of the Ministry of Labor may determine, but does not less than 1/10 of working hours in case of the reduction by the day unit, and not less than eight hours per week in case of the reduction by the week unit;
3. Where he carries out training for sustained employment on such terms and conditions as the Ordinance of the Ministry of Labor may determine;
4. Where he dispatches the insured outside the company for not less than one month with employment relations with him maintained;
5. Where he grants paid or unpaid layoffs for not less than one month; and
6. Where he installs or equips facilities or equipment necessary to convert his business into a new type of business and remans not less than sixty percent of insured engaged in the previous business to a new business.
(2) Notwithstanding the provisions of paragraph (1), where the total number of the extended working days and holiday working days in the concerned business during the period for which the employment maintenance measures are being implemented under paragraph (1) 1 and 2 exceeds the number of the days determined by the Ordinance of the Ministry of Labor, the employment maintenance support payment shall not be paid during the period of the implementation of the concerned employment maintenance measures. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Necessary matters concerning the method of calculation of the extended working days and holiday working days under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-2 (Establishment and Implementation of Plan for Employment Maintenance Measures) (1) Any business owner who intends to receive employment maintenance support payment shall establish and implement on schedule a plan for employment maintenance measures meeting the following requirements on such terms and conditions as the Ordinance of the Ministry of Labor may determine: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. He shall, in establishing a plan for employment maintenance measures, hold consultation with any labor union if there is one organized by a majority of workers of the business (referred to any person representing a majority of workers thereof if there is not any labor union organized by a majority of workers); and
2. He shall get all documents in which a status of its progress in the implementation of a plan for employment maintenance measures and a status on the payment of shutdown or layoff allowance and wages are entered.
(2) Any person intends to establish a plan for employment maintenance measures referred to in paragraph (1) shall report in advance to the Minister of Labor. The same shall apply in cases where he intends to change it: Provided, That he may report within three days from the date of implementing or changing employment maintenance measures under unavoidable causes as determined by the Ordinance of the Ministry of Labor.
(3) Any business owner who falls under the provisions of Article 17 (1) 6 shall, in implementing a plan for employment maintenance measures referred to in paragraph (1), report to the Minister of Labor after completing remanning manpower, thereon, within eighteen months from the date of the report on the plan for employment maintenance measures.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-3 (Amount and Its Scope of Employment Maintenance Support Payment) (1) Employment maintenance support payment shall be the following amounts: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. For one falling under subparagraphs 1, and 4 through 6 of Article 17, an amount equivalent to 2/3 [1/2 for an enterprise which does not fall under a preferentially supported enterprise (hereinafter referred to as “large scale enterprise”) referred to in Article 15] of the amount of shutdown?layoff allowance and wages paid by a business owner to any insured for the period of employment maintenance measures. In this case, for an unpaid layoff from among layoffs referred to in Article 17 (45), it shall be an amount as determined by the Ordinance of the Ministry of Labor, taking into account labor expenses borne by the business owner during the layoff period;
2. For one falling under subparagraph 2 of Article 17, an amount equivalent to 1/10 (1/15 for a large scale enterprise) of average wages by an business owner paid to an insured subject to reduction of working hours before reducing working hours;
3. For one falling under subparagraph 3 of Article 17, the total amount of an amount equivalent to 2/3 (1/2 for a large scale enterprise) paid by a business owner to any person subject to training who is an insured for the training period and an amount calculated by multiplying training costs meeting to the standards as notified by the Minister of Labor by the ratio as notified by the Minister of Labor; and
4. Where a business owner conducts the training referred to in subparagraph 3 of Article 17 in addition during the period for which he grants unpaid layoffs under subparagraph 5 of Article 17, an amount obtained by adding an amount calculated by multiplying training costs meeting the standards as notified by the Minister of Labor by the ratio as notified by the Minister of Labor, to training allowances as determined by the Ordinance of the Ministry of Labor.
(2) The employment maintenance support payment under paragraph (1) shall, where employment maintenance measures are taken under subparagraphs 1 through 5 of Article 17, be provided for the respective employment maintenance measures until the total number of days of the implementation of the measures (the day on which two employment maintenance measures or more are implemented simultaneously shall be considered as one day) amounts to 180 days, and shall, where employment maintenance measures are taken under subparagraph 6 of Article 17, be provided for one year from the date of the completion of relocating manpower (referring to the date on which it becomes eighteen months if relocating manpower is not completed within eighteen months). <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Deleted. <by Presidential Decree No. 16095, Feb. 1, 1999>
(4) Where the period of implementation of employment maintenance measures during which a person who implements the employment maintenance measures under subparagraphs 1 through 5 of Article 17 is paid the employment maintenance support payment under paragraph (2) amounts to 180 days for one year, the employment maintenance support payment shall not be paid until six months from the date on which it becomes 180 days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999>
(5) For a business owner who is granted employment maintenance support under paragraph (1) 4, the employment maintenance support payment under the latter part of paragraph (1) 1 shall not be made during the period of the employment maintenance support payment concerned. In this case, the business owner who is granted the employment maintenance support shall pay his workers in training the amount equivalent to training allowances from among such employment maintenance support payment. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-4 (Period Subject to Assistance of Employment Maintenance Support Payment) (1) Employment maintenance support payment referred to in Article 17 shall be paid to a business owner who implements employment maintenance measures during the following periods:
1. For a business owner who falls under any of subparagraphs of Article 16 (2), the period for the support, etc., for employment adjustment notified pursuant to Article 18 (2) of the Enforcement Decree of the Framework Act on Employment Policy (hereinafter referred to as the “designated period”); and
2. For a business owner other than those listed in subparagraph 1, the period as designated by the Minister of Labor pursuant to Article 16 (3).
(2) Notwithstanding the provisions of paragraph (1), for a business owner who has taken employment maintenance measures referred to in subparagraph 6 of Article 16, employment maintenance support payment shall be paid for one year from the date of the completion of remanning manpower where he converts a type of business and starts to reman manpower during the period referred to in any of subparagraphs of paragraph (1).
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-5 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 18 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 18-2 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 19 (Employment Promotion Subsidy) (1) The Minister of Labor shall grant promotion subsidy (hereinafter referred to as “employment promotion subsidy”) to a business owner who employs, from those who left their jobs (limited to those who were qualified as insured at the time of separation) not less than five persons for a quarter or not less than 5/100 of the average monthly number of workers in the business by the good offices of an employment security agency or as otherwise determined by the Ordinance of the Ministry of Labor and who does not have the workers leave their jobs by reason of employment adjustment for three months before and after the employment, respectively: Provided, That where the employed worker is employed for the business owner before his separation, or for such business owner related to the business owner before his separation as may be determined by the Ordinance of the Ministry of Labor, the same shall not apply. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(2) Where an owner of business in which the adjustment of employment is unavoidable reports to the Minister of Labor a replacement plan stating the causes thereof and those, etc. subject to reemployment and helps workers who are insured find new jobs according to the plan, the business owner who employs the workers as insured within thirty days from the date of separation and who does not have the workers leave their jobs by reason of employment adjustment for three months before and after the employment, respectively, shall, notwithstanding the provisions of paragraph (1), shall receive employment promotion subsidy: Provided, That where the employed worker is employed for the business owner before his separation, or for such business owner related to the business owner before his separation as may be determined by the Ordinance of the Ministry of Labor, the same shall not apply. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999>
(3) An amount of employment promotion subsidy referred to in paragraphs (1) and (2) shall be granted for six months by an amount equivalent to 1/2 (1/3 for a large scale enterprise) of the amount of wages paid by a business owner to an employed insured: Provided, That where the business owner employs those who have been out of employment for less than one year or those who have been over six years with over fifty five years old, an amount equivalent to 2/3 (1/2 for a large scale enterprise) of the amount of wages paid by the owner. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(4) Employment promotion subsidy shall be granted during the period as determined by the Minister of Labor pursuant to Article 16 (3).
(5) The amount of employment promotion subsidy granted under paragraph (3) shall be within the amount determined and publicly announced by the Minister of Labor according to the employed workers. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999>
(6) The necessary matters for the application for and payment of employment promotion subsidy shall be determined by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 15587, Dec. 31, 1997]
Article 19-2 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 20 (Local Employment Promotion Support) (1) The Minister of Labor, under Article 17 of the Act, shall pay local employment promotion support to the business owner who executes the moving, starting or expanding of his business under the following conditions of moving to the designated local area or starting or expanding at the designated local area: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15587, Dec. 31, 1997>
1. The business shall be moved, started or expanded within the designated period;
2. The local employment plan regarding the moving, starting or expanding and employment of workers of the business, shall be established, reported to the Minister of Labor and enforced in accordance with the plan;
3. Operation of the business which is moved, started or expanded shall commence within one year and six months from the day the local employment plan is submitted;
4. Employment of job seekers as insured at the moved, started or expanded business shall be offered to job seekers who have lived for more than three months in the designated area or other designated areas on the date of commencement of operation of the moved or started or expanded business (hereinafter referred to as the “beginning date”);
5. The business shall be one which may contribute to the sound development of the local economy of the concerned designated area; and
6. Enforcement shall be made with the documents which record the situation of enforcement of the local employment plan and payment situation of the insured workers.
(2) The business owner who desires to receive local employment promotion support at the time of commencement of operation as prescribed in paragraph (1) 3 shall report this to the Minister of Labor.
(3) The amount of local employment promotion support shall be equivalent to one half (one third in the case of a large-scale enterprise) of the amount paid to the insured workers under paragraph (1) 4 (excluding short-term workers). <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(4) The local employment promotion support shall be paid for one year from the day the operation begins: Provided, That it is paid only until the designated period expires.
(5) If the number of insured workers as prescribed in paragraph (1) 4 exceeds two hundred during one designated period, local employment promotion support shall be paid to only thirty percent of workers in excess. <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
(6) Necessary details related to application for and payment of local employment promotion support shall be determined by the Ordinance of the Ministry of Labor.
Article 21 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 22 (Promotion Subsidy for Employment of Aged) (1) The Minister of Labor under Article 18 of the Act shall pay a promotion subsidy for employment of the aged to the business owner who meets the conditions of the following subparagraphs: <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998>
1. Every quarter of the year, the ratio of the average monthly number of aged workers (with “aged” being persons of old age under the Employment Promotion for the Aged Act; hereinafter the same) to the average monthly number of all workers at the concerned business shall be more than the rate set by the Ordinance of the Ministry of Labor;
2. Not fewer than 5 aged persons or not fewer than 5 percent of the average monthly number of workers in the business concerned shall be newly employed during one quarter of the year; and
3. He shall reemploy those who retired from the business for a cause as determined by the Ordinance of the Ministry of Labor, with not less than forty-five but not more than fifty-four years old, as workers (excluding the persons falling under subparagraph 2 of Article 8 of the Act, daily workers employed for the period of less than one month, or other workers as determined by the Ordinance of the Ministry of Labor) within two year after retirement from the business.
(2) In calculating the number of workers and the aged as referred to in paragraph (1) 1 and 2, those whose fixed working hours per week are less than 15 hours and whose working days per month are less than 13 days shall be excluded from the number of workers and the aged, respectively. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(3) The amount of aged employment promotion subsidy paid to an business owner 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 aged employed in excess of the ratio determined by the Ordinance of the Ministry of Labor as stipulated in paragraph (1) 1: Provided, That the total payment per quarter of the year shall not exceed the amount calculated by multiplying the amount notified by the Minister of Labor, by the number equivalent to 15 percent (10 percent in the case of a large-scale enterprise) of the workers of the business concerned.
(4) The amount of aged employment promotion subsidy paid to an business owner who satisfies the requirements of paragraph (1) 2 shall be the amount equivalent to one fourth (one fifth in the case of a large-scale enterprise) of the amount of wages paid by the business owner to the newly employed aged during the quarter of the year concerned, and shall be paid for 6 months: Provided, That where the number of newly employed aged exceeds 100 persons during 1 year, the subsidy shall be paid for only 30 percent of the personnel exceeding that number.
(5) An amount of aged employment promotion subsidy paid to a business owner meeting the conditions of paragraph (3) shall be an amount calculated by multiplying the amount annually notified by the Minister of Labor by the size of business by the number of reemployed workers (excluding those who have met the payment conditions in recent two years). In this case, where a business falling with the manufacturing business reemploys those with not less than forty-five but not more than fifty-four years old, it may determine a higher level of support. <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998>
(6) Necessary details related to application fro and payment of the aged employment promotion subsidy 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 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 22-3 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 23 (Woman Employment Promotion Subsidy) (1) The Minister of Labor shall pay woman employment promotion subsidy to the following business owners pursuant to Article 18 of the Act: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. Any business owner who grants childcare temporary retirement referred to in Article 11 of the Sexual Equality Employment Act for a period of no less than thirty days (excluding the period overlapping a sixty-day period of paid maternity leave referred to in Article 72 of the Labor Standards Act) to workers who are insured and continues to employ them for a period of no less than thirty days after the termination of childcare temporary retirement;
2. Any business owner who reemploys woman workers retired from the business as insured within five years after retirement by specifying that woman workers retired from office for reasons of pregnancy, childbirth or childcare in the collective agreement or rules of employment; and
3. Any business owner who newly employs, among unemployed women who apply for job-seeking to the Employment Security Office, the head of a household with her dependent family or other women under obligations to support her family.
(2) Woman employment promotion subsidy shall be the following amounts: <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
1. For woman employment promotion subsidy for those falling under paragraph (1) 1, an amount calculated by multiplying the amount annually notified by the Minister of Labor by the size of business taking into account bearing labor expenses by the business owner attendant upon granting childcare temporary retirement by the number of months for childcare retirement (including the paid maternity leave after birth referred to in Article 72 of the Labor standards Act) used by a worker;
2. For woman employment promotion subsidy for those falling under paragraph (1) 2, an amount calculated by multiplying the amount annually notified by the Minister of Labor by the size of business by the number of woman workers (excluding those who have met the payment standards in recent two years). In this case, where a business falling with the manufacturing business reemploys women, it may determine a higher level of support; and
3. For woman employment promotion subsidy for a business owner meeting requisites under paragraph (1) 3, an amount equivalent to 1/2 (1/3 in case of a large enterprise) of the wage which the business owner pays a newly employed person.
(3) A woman employment promotion subsidy which falls under paragraph (1) 3 shall be paid within the limit of six months. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
(4) The necessary matters on the application for and payment of woman employment promotion subsidy shall be determined by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 23-2 (Support for Retirement Mutual Aid Payments for Construction Workers) (1) Pursuant to Article 18-2 (1) of the Act, the Minister of Labor may support part of the mutual aid payments to be borne by the business owner who has concluded a retirement mutual aid contract for construction workers pursuant to Article 13 of the Act on Employment Improvement, etc., of Construction Workers.
(2) The amount of mutual aid payments to be supported, with reference to paragraph (1), shall be the mutual aid payments for 30 days, starting from the date on which the construction worker becomes a beneficiary.
(3) Necessary details related to application for and method of support, etc., for the mutual aid payments 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 24 (Support of Employment Promotion Facilities) (1) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may provide support for part of the establishment or operation expenses of employment promotion facilities to the head of local government, the public organization or the non-profit corporation which is delegated or entrusted with the establishment or operation of such facilities under the provisions of Article 21 of the Framework Act on Employment Policy.
(2) Necessary details related to the support of employment promotion facilities under paragraph (1) shall be determined by the Minister of Labor.
(3) 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 where the business owner establishes or operates such facilities independently or jointly, as determined by the Ordinance of the Minister of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The Minister of Labor, under the provisions of Article 19 of the Act, may furnish a loan for the expenses of establishment to an business owner or business owners’ association which desires to establish nursery facilities independently or jointly, as determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
Article 24-2 (Disposition of Specialized Labor Power) (1) Pursuant to Article 20 of the Act, the Minister of Labor shall post to the Employment Security Office, and manage, vocational counselors who professionally support the collection and furnishing of employment information, vocational guidance, job placement and employment of the unemployed, etc. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Such matters as may be necessary for the qualifications of vocational counselors referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 25 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 26 (Restriction of Support Payments, etc., Due to Dishonest Acts) (1) The Minister of Labor shall not pay persons who receive or attempt to receive support or subsidy as provided in Articles 17, 19, 20, 22, 23 and 23-2 through false and other unlawful ways, the remaining support or subsidy, or the support or subsidy which is desired to be paid, and shall order the refund of the support or subsidy which is already paid. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(2) The Minister of Labor shall not pay persons who received or attempted to receive support or subsidy as provided in Articles 17, 19, 20, 22, 23 and 23-2 through false and other unlawful ways, the support or subsidy for one year from the date on which they received or attempted to receive such support or subsidy. In this case, with respect to a person for whom the refund was ordered under paragraph (1), the support or subsidy shall not be granted for the default period of the order and for one year from discharge date of such order. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 26-2 (Special Cases of Business Subject to Block Application)
For businesses which are subject to the block application pursuant to Article 10-2 of the Act, an individual business shall be deemed to be a business, in application of the provisions of Articles 17, 19, 20, 22, 23 and 23-2. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 26-3 (Mutual Adjustment of Support and Subsidy) (1) Employment maintenance support payment shall be granted where any business owner meeting the payment requirements referred to in Article 17 take measures meeting the payment requirements for employment promotion subsidy, aged employment promotion subsidy or woman employment promotion subsidy referred to in Articles 19, 22 (1) 2 and 3, and 23 (1) 2.
(2) Where there are workers who meet employment promotion subsidy, aged employment promotion subsidy or woman employment promotion subsidy referred to in Articles 19, 22 (1) 3 and 23 (1), they shall, on the business owner’s request, receive either support payment or subsidy.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
CHAPTER Ⅳ ACTIVITIES FOR VOCATIONAL ABILITY DEVELOPMENT
Article 27 (Support for Expenses of Vocational Abilities Development Training for Business Owners) (1) The term “vocational abilities development training as determined by the Presidential Decree” listed in Article 22 of the Act means vocational abilities development training referred to in Article 22 of the Worker Vocational Training Promotion Act (hereinafter referred to as “vocational abilities development training”) falling under any of the following subparagraphs:
1. Vocational abilities development training carried out for the workers employed in the business;
2. Vocational abilities development training carried out for those desired to be employed in the business or a business associated therewith that as determined by the Ordinance of the Ministry of Labor;
3. Vocational abilities development training carried out by any employment security agency intended for persons registered as job-seekers; and
4. Vocational abilities development training, carried out by granting paid leave (excluding monthly and annual paid leave referred to in Articles 57 and 59) meeting the following requirements to the insured employed in the business:
(a) It shall be granted to the insured, for not less than thirty days on end who have been in office for one or more year: Provided, That where paid leave is granted to workers engaged in the production or its related position to encourage skills and technology, who are notified by the Minister of Labor, a period of paid leave may otherwise determined;
(b) Wages exceeding an amount equivalent to ordinary wages shall be paid during the period.
(2) The support amount of training expenses for vocational abilities development training referred to in paragraph (1) shall be an amount calculated by multiplying the training expenses (limited to expenses meeting the standards notified by the Minister of Labor) by the ratio notified by the Minister of Labor taking into account the size of business and so on, and a higher ratio of support may be determined for business owners who carry out vocational abilities development training intended for workers engaged in the production or its related position to encourage skills and technology, who are notified by the Minister of Labor.
(3) The necessary matters on the application and support for training expenses for vocational abilities development expenses shall be determined by the Ordinance of the Ministry of Labor.
[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>
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