国内政策【切换】 国际政策

Korea - Labor Law-FRAMEWORK ACT ON LABOR WELFARE [Enforcement Date 19. Nov, 2014.]（15-27）

Chapter II PUBLIC SERVICES FOR WORKERS' WELFARE

SECTION 1 Residential Stability of Workers

Article 15 (Operation of System for Housing Supply for Workers) (1) The State and a local government may operate a system that requires a housing business entity to sell or lease (hereinafter referred to as “supply”) housing preferentially to workers, in order to support workers' acquisition or rental of housing.

(2) The Minister of Land, Infrastructure and Transport shall include the supply plan of the housing to be provided to workers under paragraph (1) (hereinafter referred to as “workers housing”) in the comprehensive plan for housing construction under Article 7 of the Housing Act.  <Amended by Act No. 11690, Mar. 23, 2013>

(3) The type and size of housing for workers, workers to be supplied with housing, supply method, and other necessary matters shall be determined by the Minister of Land, Infrastructure and Transport after consultation with the Minister of Employment and Labor.  <Amended by Act No. 11690, Mar. 23, 2013>

Article 16 (Loans for Housing for Workers) (1) The State may provide loans to a housing business entity or workers out of the National Housing Fund under Article 60 of the Housing Act for the money needed (hereinafter referred to as “worker's housing fund) ”) in either of the following cases:

1. Where a housing business entity constructs or purchases housing for workers;

2. Where workers acquire housing for workers from a housing business entity.

(2) The target workers and procedures for the loans for the workers' housing fund, and other matters necessary for the support shall be determined by the Minister of Land, Infrastructure and Transport after consultation with the Minister of Employment and Labor.  <Amended by Act No. 11690, Mar. 23, 2013>

Article 17 (Loans for Housing Purchase Fund) (1) The State may provide loans, for the money (hereinafter referred to as “housing purchase money”) needed by workers to purchase (including new construction) or rent housing, out of the National Housing Fund under Article 60 of the Housing Act to ensure the residential stability of workers.

(2) The State and a local government may require the institutions providing loan services to provide workers with loans for the housing purchase at an interest rate lower than the market interest rate, and may pay the difference in the interest.

(3) The target workers and the procedures for the loans for the housing purchase money, and other matters necessary for the support shall be determined by the Minister of Land, Infrastructure and Transport after consultation with the Minister of Employment and Labor.  <Amended by Act No. 11690, Mar. 23, 2013>

Article 18 (Support for Residence Change by Workers, etc.)

The State may provide necessary support for residence security of the workers who change their residence or live far away from their families because of employment or change of work place.

SECTION 2 Workers' Living Security and Property Formation

Article 19 (Support of Living Security Fund) (1) The State shall provide necessary support such as loans for medical, wedding, and funeral expenses of workers and their families in order to support workers' living security.

(2) The State may provide necessary support such as loans for living expenses in order to stabilize the living of the workers who did not receive their wages, taking into consideration the economic situation and the time when workers need living security expenses, etc.

(3) Necessary matters regarding the target workers of and procedures for the support for medical, wedding, funeral, and living expenses under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 20 (Support for School Expenses, etc.) (1) In order to expand opportunities of education for workers and their children, the State may provide necessary support such as scholarship or student loans.

(2) Necessary matters regarding the workers eligible for, and procedures for the provision of, scholarship and student loans under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.

Article 21 (Preferential Savings Account for Workers)

The State shall operate a savings account giving preferential treatment to workers in order to support workers' property formation.

SECTION 3 Credit Guarantee for Workers

Article 22 (Credit Guarantee and Its Target Workers)(1) For monetary liability owed by a worker who cannot afford to offer collaterals (including the unemployed who applied for job-seeking service and the workers suffering from accidents as prescribed in the Industrial Accident Compensation Insurance Act; hereafter the same shall apply in this Chapter) after receiving loans for the living security and school expenses from a financial company, etc. the Korea Workers' Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Service”) may guarantee payment of the monetary liability according to an agreement with the relevant financial company, etc. In such cases, target loans and workers eligible for the guarantee shall be prescribed by Ordinance of the Ministry of Employment and Labor.

(2) The agreement between the Service and a financial company, etc. under paragraph (1) shall include the following:

1.Contents that guarantee the payment of liability pursuant to paragraph (1);

2. Target loans and workers eligible for the credit guarantee;

3. Ceiling amount for the credit guarantee support per worker;

4. Reasons for request for the payment of guaranteed liability and the time and the method;

5. Screening for and scope of the subrogated payment and the loss sharing ratio between the Service and a financial company, etc.;

6. Matters to be notified to the Service by the financial company in relation to operation of the credit guarantee program;

7. Other matters necessary for the credit guarantee for workers.

(3) When the Service intends to sign the agreement under paragraph (1) or modify the details thereof, it shall obtain approval therefor from the Minister of Employment and Labor.

Article 23 (Guarantee Relations) (1) Where the Service has decided to provide a credit guarantee for a worker pursuant to Article 22, it shall give notice thereof to the relevant worker and the financial company, etc. from which the worker intends to receive loans.

(2) Credit guarantee relations shall be established when the financial company, etc. that received the notice under paragraph (1) pays the loan amount to the relevant worker.

Article 24 (Fee for Guarantee)

The Service may collect the fee for guarantee from the worker whose credit is guaranteed pursuant to Article 22 within the limit not exceeding, per annum, 1/100 of the amount guaranteed as prescribed by Presidential Decree.

Article 25 (Obligation of Notification)

In any of the following circumstances, the financial company, etc. to which notice has been given pursuant to Article 23 shall give immediate notice thereof to the Service;

1. When main liability relations have been established;

2. When the whole or part of main liability ceases to exist;

3. When the worker does not pay his/her liability;

4.When the worker loses the benefit of the scheduled payment method due to failure to meet his/her scheduled payment;

5.When there occur other reasons which are feared to influence the guaranteed liability.

Article 26 (Fulfillment, etc. of the Guaranteed Liability) (1) The financial company, etc. that provides loan services on behalf of the Service pursuant to Article 22 (1) may request the Service to pay the guaranteed liability, upon occurrence of an event triggering request for the payment of the guaranteed liability set forth under the terms and conditions of the agreement under the same Article.

(2) The Service shall, upon receipt of a request from a financial company, etc. for payment of the guaranteed liability under paragraph (1), make a subrogated payment in accordance with the terms and conditions of the agreement under Article 22 (2).

(3) When the Service has paid the guaranteed liability pursuant to paragraph (2), it may directly exercise the right of indemnity or entrust exercise of the said right to the financial company, etc.

(4) The financial company, etc. to which the right of indemnity under paragraph (3) is entrusted may take all judicial and non-judicial actions in connection with exercise of the right of indemnity on behalf of the Service.

Article 27 (Interest in Arrears)

Where the Service has paid the guaranteed liability, it may collect the interest in arrears in an amount not exceeding, per annum, 20/100 of the subrogated payment from the relevant worker as prescribed by Presidential Decree, for the period starting from the date of payment until when the worker reimburses the amount. In such cases, the amount of interest in arrears shall not exceed the amount of subrogated payment.