Article 94 (Report on Operational State of Fund) (1) The fund accounting commander shall make a report on the amount of funds collected and on fund expenditure cause actions, and the fund accounting official shall make a monthly report on the fund expenditure amount. These shall be dated as of the last day of the present month and submitted to the Minister of Labor by the 20th day of the next month.
(2) Other necessary matters related to the report on fund operation management besides the reports covered by paragraph (1), shall be determined by the Minister of Labor.
Article 95 (Report on Settlement of Accounts of Fund)
The Minister of Labor shall draft the following documents related to the settlement of accounts of the fund for each fiscal year, and shall submit it by the end of February of the next fiscal year, to the Minister of Finance and Economy following review by the Employment Policy Deliberation Council, according to the Framework Act on Employment Policy: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. Documents on the general condition and analysis of the statement of accounts of the fund;
2. Financial statements such as balance sheet, profit and loss settlement, etc.;
3. Operational plan of the fund and comparative list of actual achievements;
4. Earnings and expenditure statement of accounts; and
5. Other documents necessary to clarify the contents of the settlement of accounts.
Article 96 (Receipts and Disbursements of Reserve Fund)
Necessary matters related to receipts and disbursements of the reserve fund and spare money of the fund under Article 72 of the Act shall be determined by the Ordinance of the Ministry of Labor.
Article 97 (Budget and Accounts Act Applied Mutatis Mutandis)
Matters which are not prescribed by the provisions of this Act or this Decree regarding the operation or management of the fund, shall be carried out under the provisions of the Budget and Accounts Act.
CHAPTER Ⅷ REQUEST FOR EXAMINATIONAND REEXAMINATION
Article 98 (Qualifications of Examiner)
The employment insurance examiner (hereinafter referred to as “examiner”) under Article 75 of the Act shall be appointed from among the public officials affiliated with the Ministry of Labor and shall fulfill one of the following descriptions:
1. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and who has worked on affairs related to examinations or applications for reexaminations on employment insurance for more than one year;
2. A person who has held office previously at the fifth level or higher of regular government service in the Ministry of Labor and has worked in employment insurance affairs for more than two years; and
3. Other persons who are recognized by the Minister of Labor as having the equivalent of the qualifications listed in paragraph (1) or (2).
Article 98-2 (Assignment and functions of Examiner) (1) Examiners referred to in Article 75 (3) of the Act shall be assigned to a Regional Labor Administration Office.
(2) Examiners shall take charge of examination affairs and case study on the request for examination of the Regional Labor Administration Office and its affiliated offices.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 99 (Method of Application for Challenge) (1) The application for challenge to the examiner under Article 75 (4) of the Act shall be in writing with the reasons clearly indicated.
(2) When the Minister of Labor receives the application for challenge under paragraph (1), he shall make a decision within 15 days and notify the applicant.
Article 100 (Report on Succession to Status of Applicant)
The person who succeeds to the status of the examination applicant under Article 75 (5) of the Act shall report to the examiner in writing, attaching the documents by which to prove the succession.
Article 101 (Method of Request for Examination) (1) Each of the following matters shall be stated on the documents of the request for examination under Article 75-3 of the Act:
1. Name and address of the claimant;
2. Name of disposition office which is the other party to claim;
3. Contents of disposition of the subject of the examination request;
4. Date of coming into knowledge of the disposition;
5. Existence and contents of the notification regarding the request for examination by the other party to claim disposition office;
6. Purport and reasons for examination request; and
7. Date of request.
(2) If the request for examination is instituted by a selected representative or agent, the name and address of the selected representative or agent in addition to the matters of paragraph (1) shall be stated.
(3) The written documents of paragraph (1) shall be signed and sealed by the claimant or the agent.
Article 102 (Revision of Request for Examination) (1) Revision of the request for examination under Article 75-4 (2) of the Act requests the presentation of documents with the following written contents:
1. Matters to revise;
2. Reasons for demanding revision;
3. Period of revision; and
4. Other necessary matters.
(2) If the examiner revises the request for examination with his authority under Article 75-4 (2) of the Act, he shall notify this to the person concerned.
Article 103 (Notification of Transfer)
The notification of transfer of the request for examination under Article 75-5 (1) of the Act shall be in written form with the following matters stated:
1. Name and position of the examiner to be transferred;
2. Reason for transfer; and
3. Date of Transfer.
Article 104 (Notification about Suspension of Execution of Original Dispositions)
The following matters shall be stated on the document of notification about suspension of execution under Article 75-6 (2) of the Act:
1. Case name of the request for examination;
2. Disposition of the object of suspension of execution and the contents of the suspension of execution;
3. Name and address of the claimant;
4. Name of disposition office which is the other party to claim; and
5. Reasons for suspension of execution.
Article 105 (Application of Investigation for Trial) (1) The application of investigation for trial related to the request for examination under Article 75-7 (1) of the Act shall be in written form with the following matters stated:
1. Case name of the request for examination;
2. Purport and reasons of the application;
3. Name and address of the related persons who are required to be present (restricted to the case of Article 75-7 (1) 1 of the Act.);
4. Name and address of owner or custodian of documents, and other materials required to be submitted (restricted to the case of Article 75-7 (1) 2 of the Act);
5. Reasons for the legal consultation (restricted to the case of Article 75-7 (1) 3 of the Act.); and
6. Business place and other places to enter, business owner, employees and other related persons to question, documents and other materials to inspect (restricted to the case of Article 75-7 (1) 3 of the Act).
(2) When the examiner inspects the evidence under Article 75-7 (1) of the Act, he shall draft an evidence inspection protocol. In this case, when he receives the statement from the examination claimant or the related person under Article 75-7 (1) 1 of the Act, he shall make the written protocol statement and annex it.
(3) The following matters shall be stated on the evidence inspection protocol of paragraph (2) and the examiner shall sign and seal it:
1. Indication of the case;
2. Date, time and place of the inspection;
3. Subject of inspection and method of inspection; and
4. Result of inspection.
Article 106 (Written Decision)
The decision on the request for examination under Article 75-9 of the Act shall be by the written verdict with the following matters stated, and this shall be signed and sealed by the examiner:
1. Case number and case name;
2. Name and address of the claimant;
3. Name of disposition office which is the other party to claim;
4. Main text;
5. Reason of the Claim;
6. Reasons; and
7. Date of decision.
Article 107 (Commission and Appointment of Examination Committee Members) (1) Among the members of the employment insurance examination committee (hereinafter referred to as the “examination committee”) under Article 76 (1) of the Act, members representing the workers shall be recommended by the labor union and members representing the business owner shall be recommended by the business owners’ association, and each shall be commissioned by the Minister of Labor.
(2) The other members of the examination committee, excluding persons who represent the workers, persons who represent the business owner and members naturally included by virtue of their office, shall be commissioned by the Minister of Labor from among those who fall under one of the following categories: the standing members shall be commissioned by the Minister of Labor from among those who fall under the categories of 3 or 4: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1. A person licensed as judge or prosecutor or lawyer;
2. A person currently holding office or who held office previously as an assistant professor or higher position in a university under the Higher Education Act;
3. A person currently holding office or who held office at the third level or higher as a public official;
4. A person who has worked in labor relations affairs for more than fifteen years and who is recognized by the Minister of Labor as a qualified person; and
5. A person who has profound academic knowledge and experience related to social insurance and employment matters and who is recognized by the Minister of Labor as a qualified person.
(3) The Minister of Labor shall appoint one member by virtue of office from among second-or-third level public officials who are in charge of employment matters in the Ministry of Labor.
Article 108 (Term of Office for Members) (1) The term of the examination committee members shall be three years and they may be reappointed. The term of the member by virtue of office under Article 107 (3) shall be the period during which he is in charge of the employment insurance affairs.
(2) The term of office of any member filling in a vacancy shall be the remaining period of the predecessor’s term.
Article 109 (Treatment of Members)
The standing members and the member by virtue of office who are present at the examination committee meeting may be paid an allowance within the budget.
Article 110 (Chairman and Vice-chairman) (1) The examination committee shall have one chairman and one vicechairman.
(2) The chairman of the examination committee shall be appointed by the Minister of Labor from among the standing members, and the vice-chairman of the committee shall be elected from among and by the members and appointed by the Minister of Labor. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
Article 111 (Duties) (1) The chairman shall represent the examination committee and shall preside over the affairs of the examination committee.
(2) The vice-chairman shall assist the chairman and when the chairman is unable to perform his duties due to accident, the vice-chairman shall act for him.
Article 112 (Meetings) (1) Any meeting of the examination committee shall be composed of and operated by nine persons or fewer including the chairman or vice-chairman, ex officio members, and each member representing labor and management designated by the chairman at each meeting. <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998>
(2) When the chairman of the examination committee desires to convene a meeting, he shall notify in writing the time and place and agenda of the meeting to each member by 15 days before the commencing of the meeting: Provided, That this does not apply to the case of an emergency.
(3) Meetings of the examination committee shall be held with the attendance of a majority of all the constituent members organized pursuant to paragraph (1) and decisions shall be made by affirmative vote of a majority of members present. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 112-2 (Employment of Staff for Research and Study) (1) The Minister of Labor may have a staff to conduct special research and study on the affairs of reexamination of the examination committee under Article 76 (8) of the Act.
(2) The qualifications of staff members for research and study shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 113 (Notification)
The notification of the examination date and place under Article 76-3 (1) of the Act may be in written form, and it shall be delivered in person or by registered mail.
Article 114 (Application for Closed Proceedings)
The application for closed proceedings under Article 76-3 (3) of the Act shall be in written form with the purport and reasons stated.
Article 115 (Protocol of Trial) (1) The following matters shall be stated on the protocol of trial under Article 76-3 (4) of the Act:
1. Name and number of the case;
2. Date, time and place of the trial;
3. Names of the members present;
4. Name of the concerned person present or his agent;
5. Contents of the trial; and
6. Other necessary matters.
(2) The trial protocol of paragraph (1) shall be stated with the date of writing of the protocol and it shall be signed and sealed by the chairman.
(3) The inspection application under Article 76-3 (6) of the Act shall be in writing.
Article 116 (Applying Mutatis Mutandis)
The provision of Article 105 shall apply mutatis mutandis to the inspection of a request for re-examination. In this case the “examiner” shall be the “examination committee” or the “chairman”.
Article 117 (Method of Request for Re-examination) (1) The request for re-examination under Article 74 of the Act shall be a written document with the following matters stated:
1. Name and address of the claimant;
2. Matters of Article 101 (1) 2 through 4;
3. Name of the examiner who made the decision;
4. Date the decision became known;
5. Existence or nonexistence of notification and contents of notification related to the request for re-examination to the examiner who made the decision; and
6. Date of request for re-examination.
(2) When the request for re-examination is instituted by a selected representative or agent, it shall state the name and address of the selected representative or agent in addition to the matters of paragraph (1).
(3) The claimant or the agent shall sign and seal the documents of paragraph (1).
Article 118 (Written Adjudication)
The written adjudication on the request for re-examination shall have the following matters stated and the chairman of the examination committee and the members who were present at the examination shall sign and seal it:
1. Name and number of the case;
2. Name and address of the claimant;
3. Name of the original disposition office;
4. Name of the examiner who made the adjudication on the request for examination;
5. Text of the judgement;
6. Purport of the request;
7. Reasons; and
8. Date of the adjudication.
Article 119 (Applying Mutatis Mutandis)
The provisions of Article 104 shall apply mutatis mutandis to the suspension of execution of the original disposition through the request for reexamination. In this case, “claim for examination” shall be “claim for reexamination”.
CHAPTER Ⅸ SUPPLEMENTARY PROVISIONS
Article 120 (Obligation to Preserve Documents)
The business owner who is or was applicable to the Act and persons who are or were responsible heads of the employment insurance affairs association and are or were subject to the Act shall preserve all documents related to the insurance affairs for three years from their completion date.
Article 121 (Notices on Essentials of Act, etc.) (1) The business owner shall put up notices in a place where they are easily visible, to inform his workers on necessary matters related to essentials of provisions in Act and subordinate statutes concerning employment insurance that affect the workers and on the establishment of the insurance relationship.
(2) When the insurance relationship expires, the business owner, shall put up a notice to inform the workers of the expiration date.
Article 122 (Expenses for Diagnosis)
When the head of the Employment Security Office orders a diagnosis under Article 82 of the Act, he may pay the actual expenses necessary for the diagnosis.
Article 123 (Delegation, etc., of Authority) (1) The Minister of Labor may delegate authority on the following matters to the head of the Employment Security Office under Article 84 of the Act: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
1. Approval of joining or cancelling the insurance under Article 9 (2) and (3) of the Act, termination of the insurance relationship under Article 9 (4) of the Act, approval of subcontractors joining or cancelling the insurance under Article 9 (5) of the Act;
1-2. Approval of block application and termination of business under Article 10-2 (2) and (3) of the Act;
2. Support of employment adjustment under Article 16 of the Act;
3. Promotion of local employment under Article 17 of the Act;
4. Support for employment promotion of the aged, etc., under Article 18 of the Act;
5. Support for vocational abilities development training by business owners referred to in Article 22;
6. Deleted; <by Presidential Decree No. 15829, Jul. 1, 1998>
7. Execution and support for re-employment training for the unemployed, etc., under Article 24 of the Act;
8. Collection of the premium under Article 56 of the Act;
9. Investigation and collection, additional collection and reduction adjustments of the estimated premiums under Article 60 (3) of the Act;
10. Duties related to the refund and collection in accordance with the investigation and collection and accurate calculation of the final premium under Article 61 (2) of the Act;
11. Deleted; <by Presidential Decree No. 15367, May 8, 1997>
12. Authorization of the employment insurance affairs association, acceptance of reports on changes or discontinuation of authorized matters, and handling of the affairs of the employment insurance affairs association under Article 64 of the Act;
13. Appropriation or refund of excessive premium payments, collection of additional dues or arrears, demanding payment or taking action for failure to pay, and disposition of deficits in the money collected under Article 65 of the Act;
14. Reports, submission of relevant documents and requests for presence under Article 80 of the Act: Provided, That the matters under paragraph (2) 3 are excluded;
15. Entry to workplaces, questioning of relevant persons, and investigation of documents under Article 81 of the Act: matters under paragraph (2) 3 are exclude;
16. Imposition or collection of fines for negligence under Article 86 of the Act;
17. Acceptance of reports on designation or dismissal of an agent under Article 4 of this Decree;
18. Acceptance of reports on establishment or termination of insurance relationships under Article 5;
19. Approval on voluntary joining in or cancellation of employment security activities, etc. referred to in Article 6 (2) and (3);
19-2. Approval on cancellation of fictitious joining in employment security activities, etc. referred to in Article 8;
20. Acceptance of reports on changes in the insurance relationship under Article 9;
20-2. Acceptance of reports on the commencement of business under Article 9-3;
20-3. Acceptance of reports on the continued application of the insurance relationship under Article 9-4;
21. Support for the management expenses of workplace nursery facilities under Article 24;
22. Suspension of payment or ordering of refund of supports, subsidies, and training expenses and allowances under Articles 26 and 37;
22-2. Matters on the support for subsidies for taking lessons and loaning of expenses for undergoing education referred to in Article 30-2;
23. Support for vocational training facilities for business owners of preferentially supported enterprises under Article 33;
24. Deleted; <by Presidential Decree No. 15829, Jul. 1, 1998>
25. Reduction adjustment or refund of estimated premiums under Article 72; and
26. and 27. Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
(2) Under Article 84 of the Act, the Minister of Labor may entrust authority over the following matters to the public Labor Welfare Corporation,(hereinafter referred to as “Labor Welfare Corporation”) according to the Industrial Accident Compensation Insurance Act: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16095, Feb. 1, 1999>
1. Arrangement of the situation of receipts of premiums and money collected under the Act among the earnings of the fund, amounts which are refunded under Article 48 of the Act (including the case which is applied mutatis mutandis under Articles 49 (5) and 55 of the Act) and amounts which are refunded by Article 26 (1) of this Decree (including the case applied mutatis mutandis under Article 37);
2. Acceptance of reports on estimated premiums and additional estimated premiums under Article 60 of the Act, acceptance of reports on final premiums under Article 61 of the Act, acceptance of reports on estimated premiums, and acceptance of applications for installment payment of estimated premiums under Articles 72 and 73 of this Decree;
3. Among the matters related to reports and applications under subparagraph 2, reports, submission of relevant documents or requests for presence or entrance to workplaces, questioning of related persons, and investigation of documents, as provided by Articles 80 and 81 of the Act; and
4. Financing of expenses for installation of the workplace nursing facilities, and supervision and operation of related loans, under Article 24 (4) of the Act.
(3) Under Article 84 of the Act, the Minister of Labor may entrust authority for the financing of expenses and the management or operation of loans for vocational training facilities, etc., under Article 32 of this Decree, to the Korea Manpower Agency, according to the Korea Manpower Agency Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(4) The Minister of Labor shall appoint fund accounting directors from among the standing directors of the Labor Welfare Corporation and the Korea Manpower Agency, and fund accounting staff from among the staff thereof to carry out entrusted affairs pursuant to paragraphs (2) and (3). In this case, the fund accounting directors shall perform the works of the fund accounting commander, and the fund accounting staff, those of the fund accounting official. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(5) The provisions on a financial commissioner and revenue collector in the Liability of Accounting personnel, etc. Act, apply mutatis mutandis to the fund accounting director, and the provisions on disbursement officers and accounting official thereof, to the fund accounting staff, respectively. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(6) Where the Minister of Labor appoints the fund accounting directors and fund accounting staff pursuant to paragraph (4), he shall notify the appointments to the Chairperson of the Board of Audit and Inspection and the President of the Bank of Korea. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(7) In the case of entrustment to the Labor Welfare Corporation, as in paragraph (2), an entrustment fee is paid from the general account.
CHAPTER Ⅹ PENAL PROVISIONS
Article 124 (Imposition of Fine for Negligence) (1) When the Minister of Labor imposes a fine for negligence under Article 86 (4) of the Act, the Minister of Labor shall indicate the type of offense committed, the amount of the fine for negligence, and the expiration date for payment, and shall notify these in writing to the person who is subject to the imposition of fine for negligence, after investigating and confirming the offense committed.
(2) When the Minister of Labor imposes a fine for negligence, he shall give the person who is subject to the fine the opportunity to state his defense within ten days. In this case, when no defense has been raised by the designated date, it is recognized that no defense will be raised.
(3) The Minister of Labor shall consider the motive and the result of the offense committed when he determines the amount of fine for negligence.
Supplementary provisions ADDENDA
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 14628, Apr. 15, 1995>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 14935, Mar. 9, 1996>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15092, Jun. 29, 1996>
This Decree shall enter into force on July 1, 1996.
Supplementary provisions ADDENDA<Presidential Decree No. 15367, May 8, 1997>
(1) (Enforcement Date) This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 5, 9-2 through 9-4, 10 (2), 23-2, 35-2 and 68-2 shall enter into force on January 1, 1998.
Supplementary provisions ADDENDA<Presidential Decree No. 15569, Dec. 31, 1997>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 15581, Dec. 31, 1997>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15587, Dec. 31, 1997>
This Decree shall enter into force on January 1, 1998.
Supplementary provisions ADDENDA<Presidential Decree No. 15624, Feb. 12, 1998>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDUM<Presidential Decree No. 15683, Feb. 24, 1998>
This Decree shall enter into force on the date of its promulgation.
Supplementary provisions ADDENDA<Presidential Decree No. 15829, Jul. 1, 1998>
(1) (Enforcement Date) This Decree shall enter into force on July 1, 1998: Provided, That amendments to Articles 27 through 30, 30-2, 31(limited to those that convert “vocational training or education and training” into “vacational abilities development training”), 32, 33, 34, 34-2,35, 35-2, 36, 37, 69, 76, 123 (1) 5, 22-2, 24, 26 and 27 shall enter into force on January 1, 1999.
Supplementary provisions ADDENDA<Presidential Decree No. 15902, Oct. 1, 1998>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16093, Jan. 29, 1999>
Article 1 (Enforcement Date)
Supplementary provisions ADDENDA<Presidential Decree No. 16095, Feb. 1, 1999>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 48 shall enter into force on July 1, 1999.
Article 2 (Transitional Measures concerning Payment of Collection Expenses Grant)
The payment of collection expenses grant for the payment of premiums and insurance affairs promotion support related to the transaction of insurance affairs prior to the year 1998 to the employment insurance affairs association which transacts trusted employment insurance affairs at the time of the entry into force of this Decree shall be governed pursuant to the previous provisions of Articles 80-2 and 80-3.
Article 3 (Interim Measures concerning Employment Maintenance Support Payment)
(1) Notwithstanding the amended provisions of Article 17-3 (2), for a business owner who starts the employment maintenance measures under subparagraphs 1 through 5 of Article 17 during the period between the enforcement date of this Decree and June 30, 1999, the support limit of the employment maintenance support payment shall be extended to 200 days.
(2) Notwithstanding the provisions of Article 17-3 (4), the Minister of Labor shall pay the employment maintenance support payment to a business owner who starts the employment maintenance measures under any subparagraph of Article 17 during the period between the enforcement date of this Decree and June 30, 1999.
(3) Notwithstanding the provisions of Articles 17 through 17-4, where a business owner who takes over a business subject to the adjustment of employment due to financial difficulties reemploys not less than 60 percent of the workers in the previous business to acquire more than 50 percent of the share of the business, if the business owner takes the employment security measures determined and publicly announced by the Minister of Labor during the period between the enforcement date of this Decree and December 31, 1999, the Minister of Labor shall pay the amount calculated by multiplying the amount publicly announced by the Minister of Labor according to the size of business by the number of the reemployed workers as the employment maintenance support payment.
Article 4 (Interim Measures concerning Employment Promotion Subsidy)
(1) Notwithstanding the provisions of Article 19 (1), to a business owner who employs, from among workers separated from jobs due to the adjustment of employment under Article 16 (1) of the Act (limited to those who are qualified for the insured at the time of separation), one worker or more a month as insured through good offices by the Employment Security Office during the period between the enforcement date of this Decree and June 30, 1999, the employment promotion subsidy shall be paid: Provided, That the employment promotion subsidy shall also be paid to a business owner with ordinarily employed workers of less than five who employs one worker or more a month separated from jobs due to the adjustment of employment without good offices by the Employment Security Office.
(2) Where a business owner employs workers separated from jobs under paragraph (1) or Article 19 (2) as the insured during the period between the enforcement date of this Decree and June 30, 1999, if he does not separate workers from the business through the adjustment of employment during the period between one month before the employment and three months after the employment, the employment promotion subsidy shall be paid, notwithstanding the amended provisions of Article 19 (1) and (2).
(3) Notwithstanding the provisions of Article 19 (3), where a business owner employs insured workers during the period between the enforcement date of this Decree and June 30, 1999, he shall be paid the amount equivalent to 2/3 of the amount of wages paid by him to the insured (1/2 for a large scale enterprise) for six months: Provided, That where the business owner employs a person who has been out of employment for one year or longer or a person of not less than 55 years old who has been out of employment for more than six months, he shall be paid the amount equivalent to 3/4 of the amount of wages paid by him (2/3 for a large scale enterprise).
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