ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT
[Enforcement Date 09. Feb, 2000.] [Presidential Decree No.16705, 09. Feb, 2000., 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 provide for matters delegated by the Employment Insurance Act (hereinafter referred to as the “Act”) and other matters necessary to implement the delegated matters.
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 operator of a business 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 work”), 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 prescribed by the Presidential Decree” in the proviso of Article 7 of the Act means the business falling under each 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; Presidential Decree No. 16464, Jul. 1, 1999>
1. The business in which not more than four full-time workers in the fields of agriculture, forestry, fisheries and hunting are employed;
2. The construction work, the total cost (where a person or a company giving the order for the construction work concerned supplies construction materials, the market prices of the construction materials shall be included) of which falls below the amount officially announced every year by the Minister of Labor; and
3. The business of gas services.
(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 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; Presidential Decree No. 16464, Jul. 1, 1999>
(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 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; Presidential Decree No. 16464, Jul. 1, 1999>
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; Presidential Decree No. 16705, Feb. 9, 2000>
1. Workers who work at a business which is temporarily provided for the unemployed persons, and which is directly run, by the government or a local government in order to employ the jobless people and ensure the stability of living;
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 operator of a business may appoint an agent and let the agent perform the affairs of the operator of the business 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 GovernmentInvested 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 operator 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 operator 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 operator 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 operator 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 Operator)
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 operator 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 operator 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 operator;
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 operator 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 operator who is subject to the block application pursuant too 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 operator 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 Qualifications) (1) A business operator or a subcontractor, when workers employed for his business acquire or lose their insurance qualifications, shall report to the head of the employment security office having jurisdiction over the location of his business (hereinafter referred to as the “head of the employment security office”) pursuant to the provisions of Article 13 of the Act within 14 days from the day the acquisition or lose of their insurance qualifications occurs: Provided, That the daily-employed workers under Article 30 of the Act shall not be deemed the insured. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16464, Jul. 1, 1999>
(2) The operator of a business 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 operator 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 operator to deliver the confirmation document on separation. In this case, the business operator 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 operator 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 operator 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 operator, 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 operator 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 operator.
(3) The business operator 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 operator, 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 operator (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 operator 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 operator 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 operator 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 operator who is eligible for preferential support pursuant to Article 16 (3) of the Act shall be the business operator meeting the conditions of any one of the following subparagraphs: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. The business operator 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 operator who carries out manufacturing/repairing, etc., under a contract with the designated business from the business operator under the provisions of subparagraph 1 and who is the operator of a business of which more than half of the amount of sales is related to the designated business; and
3. The operator 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 the operator of a 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 operator: <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 relocates not less than sixty percent of the 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 operator 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 operator 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 remaining 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 Scope of Employment Maintenance Support Payment) (1) The amount of employment maintenance support payments shall be the amount falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999>
1. In the case falling under the provisions of Article 17 (1) 1 and 4 through 6, the amount equivalent to two thirds [In the case of corporations not subject to the preferential support under the provisions of Article 15 (hereinafter referred to as the“large-scale corporations”), one half] of the aggregation of business suspension and leave of absence allowances and wages (where workers are seconded to other company, wages paid by the operator of other company to the seconded workers shall be included) paid by a business operator to the insured during the employment maintenance period concerned. Where the insured are on the unpaid leave of absence, the amount shall be calculated taking into account labor expenses born by a business operator during the leave of absence period concerned as prescribed by the Ordinance of the Ministry of Labor. Where workers are on the paid leave of absence under the provisions of Article 17 (1) 5 and the amount of the employment maintenance support payment for their paid leave of absence is smaller than the amount of the employment maintenance support payment for their unpaid leave of absence, the employment maintenance support payment, which is made when the workers concerned are on the unpaid leave of absence, shall be made;
2. In the case falling under Article 17 (1) 2, the amount equivalent to 1/10 (1/15 for a large scale enterprise) of average wages by an business operator paid to an insured subject to reduction of working hours before reducing working hours;
3. In the case falling under Article 17 (1) 3, the total amount of an amount equivalent to 2/3 (1/2 for a large scale enterprise) paid by a business operator 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 operator conducts the additional training under Article 17 (1) 3 during the unpaid leave of absence under Article 17 (1) 5, the 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 Article 17 (1) 1 through 5, be provided for the respective employment maintenance measures only 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 during the period of relevant insurance year, and shall, where employment maintenance measures are taken under Article 17 (1) 6, 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): Provided, That the Minister of Labor may, in case where deemed necessary for the stability of employment as the employment situations grew worse due to a rapid increase of unemployment, take the employment maintenance measures under Article 17 (1) 1 through 5; and when the person in receipt of the employment maintenance support payment within the limit of 180 days takes an additional measure of employment maintenance under Article 17 (1) 3 during the period determined and publicly notified by the Minister of Labor, he may grant the employment maintenance support payment until the relevant employment maintenance measures come up to 90 days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(3) Deleted. <by Presidential Decree No. 16095, Feb. 1, 1999>
(4) Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
(5) Any business operator who has been given with the employment maintenance support payment for seconding his workers to another company, from among the business operators who have been given with employment maintenance support payments under the provisions of the former part of paragraph (1) 1, where the operator of another company pays wages to his seconded workers, shall adjust the employment maintenance support payment in proportion to the paid wages and then pay them to the operator of another company. <Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999>
(6) For a business operator who is granted employment maintenance support payments under paragraph (1) 4, the employment maintenance support payments 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 operator 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 operator who implements employment maintenance measures during the following periods:
1. For a business operator 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 operator 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 operator who has taken employment maintenance measures referred to in Article 17 (1) 6, 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). <Amended by Presidential Decree No. 16464, Jul. 1, 1999>
[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 the employment promotion subsidy (hereinafter referred to as the “employment promotion subsidy”) to a business operator who employs, from among those who have lost their jobs in layoff programs (limited to those who are qualified as the insured at the time of losing their jobs), not less than one person per month as the insured (excluding workers whose labor contract periods are short and other workers prescribed by the Ordinance of the Ministry of Labor; hereafter the same shall apply in paragraph (2)) by arrangements of employment security offices or as otherwise prescribed by the Ordinance of the Ministry of Labor and keeps his workers employed for three months each before and after their employment: Provided, That where the worker is employed by the business operator who was the employee before his last separation, or by such business operator related to the latter as 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; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(2) Where an operator 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 operator 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 worker is employed by the business operator who was the employee before his last separation, or for such business operator related to the latter as 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; Presidential Decree No. 16705, Feb. 9, 2000>
(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 operator to an employed insured: Provided, That where the business operator employs those who have been out of employment for less than one year or those who have been out of employment for less than six months 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 operator. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
(4) The employment promotion subsidy shall be paid during the period designated by the Minister of Labor pursuant to Article 16 (3). In this case, the Minister of Labor may make business operators engaged in the designated business types or other operators engaged in the business within the designated areas eligible for the employment promotion subsidy. <Amended by Presidential Decree No. 16464, Jul. 1, 1999>
(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 (Reemployment Promotion Subsidies)
The Minister of Labor shall pay the reemployment promotion subsidy to a business operator (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Ministry of Labor: hereinafter the same shall apply) who reemploys persons under conditions falling under any of the following subparagraphs and keeps his workers employed for three months each before and after their reemployment: <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
1. The business operator shall reemploy the persons as the insured (excluding short-term-contract workers and other workers prescribed by the Ordinance of the Ministry of Labor) within two years after they lose jobs in their work places under layoff programs; and
2. Their unemployment period shall exceed six months after they apply for jobs at employment security offices or other institutions as prescribed by the Ordinance of the Ministry of Labor.
(2) The amount of the reemployment promotion subsidy referred to in paragraph (1) shall be the amount which is calculated by multiplying the amount which the Minister of Labor publically announces annually based on the business size by the number of the reemployed.
(3) In paying the reemployment promotion subsidy, the reemployment promotion subsidy shall not be paid to any business operators reemploying persons who have continued to be subject to the reemployment promotion subsidy in their work places for the last two years.
(4) Matters necessary to apply for and pay the reemployment promotion subsidy shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999]
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 operator 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 operator 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 Subsidies for Employment of Aged) (1) The Minister of Labor, pursuant to Article 18 of the Act, shall pay the promotion subsidy for the employment of the aged to any business operators who satisfy conditions falling under any of the following subparagraphs: Provided, That in the case of subparagraph 2, when a person is employed by the business operator who was the employee before his last separation (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Minister of Labor), no promotion subsidy for the employment of the aged shall be paid. In the case of subparagraph 3, the promotion subsidy for the employment of the aged shall be paid to any business operator who reemploys persons who have finally worked for other company which is related with the business operator by merging with the company or taking over the business of the company and is prescribed by the Ordinance of the Ministry of Labor: <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>
1. The ratio of the average monthly employment of the aged (meaning the aged in the Employment Promotion for the Aged Act) to the average monthly number of workers for the business concerned during every quarter shall exceed the ratio set by the Ordinance of the Ministry of Labor;
2. The business operators shall employ not less than one aged person and keep their workers employed for three months each before and after their employment; and
3. The business operators shall reemploy persons who have quit for reasons prescribed by the Ordinance of the Ministry of Labor, with their ages ranging from not less than 45 to not more than 60 (excluding the persons falling under subparagraph 2 of Article 8 of the Act, daily workers employed for the period of not more than one month, or other workers prescribed by the Ordinance of the Ministry of Labor), within between three months and two years after they have quit and keep their workers employed for three months each before and after their employment.
(2) In calculating the number of workers and the aged as referred to in paragraph (1) 1 and 2, persons, whose fixed working hours per week are less than 15 hours and whose fixed working days per month are less than 13 days, shall be excluded from the number of the workers and the aged, respectively. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999>
(3) The amount of aged employment promotion subsidy paid to an 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 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 a business operator who satisfies the conditions referred to in paragraph (1) 2 shall be the amount equivalent to one third (one fourth in the case of a large-scale corporation) of the amount of wages paid by the business operator to the newly employed aged during the month of the year concerned, and shall be paid for 6 months: Provided, That where the number of newly employed aged exceeds 100 persons during the period of relevant insurance year, the subsidy shall be paid for only 30 percent of the personnel exceeding that number. <Amended by Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(5) An amount of aged employment promotion subsidy under paragraph (4) shall be within the amount determined, for each worker employed, and publicly notified by the Minister of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000>
(6) An amount of aged employment promotion subsidy paid to a business operator 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 persons with ages ranging from not less than 45 to not more than 60, it may determine a higher level of support. <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999>
(7) 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 (Employment Promotion Subsidies for Long Unemployed) (1) The Minister of Labor shall pay employment promotion subsidies for the long unemployed to any business operators who employ persons who fall under any of the following subparagraphs and satisfy requirements prescribed by the Ordinance of the Ministry of Labor through the arrangements of employment security offices or as prescribed by the Ordinance of the Ministry of Labor as the insured (excluding workers who work on short-term labor contracts and other workers prescribed by the Ordinance of the Ministry of Labor) and keep their workers employed for three months each before and after the persons are employed: Provided, That in the case where a worker is employed by the business operator who was the employee before his last separation (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Minister of Labor), no employment promotion subsidies for the long unemployed shall be paid: <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
1. The persons who have remained jobless for not less than one year after applying for jobs at employment security offices and other institutions prescribed by the Ordinance of the Ministry of Labor; and
2. The persons who have remained jobless for not less than one year after they quit their work places subject to the employment insurance and for not less than three months after applying for jobs at employment security offices and other institutions prescribed by the Ordinance of the Ministry of Labor.
(2) The employment promotion subsidy for the long unemployed referred to in paragraph (1) shall be the amount equivalent to one third (one fourth in the case of the large-scale corporation) of the amount of wages paid by a business operator to his newly employed workers and the employment promotion subsidy for the long unemployed shall be paid for one year. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(3) The employment promotion subsidy for the long unemployed shall be paid for the period set by the Minister of Labor after going through deliberation of the Employment Policy Deliberation Committee.
(4) The employment promotion subsidy for the long unemployed, where the annual number of the freshly employed workers under paragraph (1) exceeds 100 during the period of relevant insurance year, shall be paid to only 30/ 100 of the excess number. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(5) An amount of employment promotion subsidy for the long unemployed shall be within the amount determined, for each worker employed, and publicly notified by the Minister of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000>
(6) Matters necessary to apply for and pay the employment promotion subsidy for the long unemployed shall be prescribed by the Ordinance of the Minister of Labor.
[This Article Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999]
Article 22-3 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 23 (Employment Promotion Subsidies for Women) (1) The Minister of Labor shall, under the provisions of Article 18 of the Act, pay the employment promotion subsidy for women to any business operator falling under each of the following subparagraphs: Provided, That in the case of subparagraph 2, any business operator, who is related with other company for which the workers concerned have finally worked by merging with the company or taking over the business of the company and is prescribed by the Ordinance of the Ministry of Labor, shall be included and in the case of subparagraph 3, the business operator for whom the workers concerned have finally worked (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Minister of Labor) shall be excluded: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
1. The business operator 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. The business operator who reemploys female workers as the insured who have quit on the grounds of pregnancy, delivery or childcare within between 3 months and 5 years after their resignation and keeps his workers employed for three months each before and after the female workers are reemployed; and
3. The business operator who newly employs women who have applied for jobs at employment security offices or other institutions as prescribed by the Ordinance of the Ministry of Labor and are female heads of households with their dependent families or other women under obligation to support their families from among unemployed women and keeps his workers employed for three months each before and after the women are newly employed.
(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 operator 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 operator 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 operator 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) An amount of woman employment promotion subsidy under paragraph (1) 3 shall be within the amount determined, for each worker employed, and publicly notified by the Minister of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000>
(5) 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 operator 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]
| 建设单位：海南惠企商务信息研究所有限公司 地址：海南省海口市美兰区新埠大道三号 |
| 版权所有：惠企研究所 备案号：琼ICP备17001760号-1 |
