Article 22 (Subsidy for Promotion of Employment of Aged) (1) The Minister of Labor, pursuant to Article 18 of the Act, shall pay subsidy for the promotion of the employment of the aged to any business operators who satisfy conditions falling under any of the following subparagraphs: <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
1.The business operator is required to keep the numerical ratio of the monthly average employment of the aged (referring to the aged provided for in the Employment Promotion for the Aged Act) who are employed for not less than one year to the number of monthly average workers of the relevant business during every quarter in excess of the ratio that is prescribed and published by business type by the Minister of Labor;
2. Deleted; and <by Presidential Decree No. 18555, Oct. 1, 2004>
3.The business operator is required not to lay off any person who has worked for not less than 18 months and whose retirement age arrives after being employed by the relevant business operator of the workplace that sets its retirement age at not less than 57 and not to lay off any person who is reemployed (hereinafter referred to as the “reemployment”) within 3 months after he quits his job at the retirement age 3 months prior to his reemployment and 6 months after his reemployment on the grounds of the trimming of work force: Provided, That in the event that the business operator reemploys the aged for not more than 1 year or shortens the retirement age for the aged under the conditions as prescribed by the Ordinance of the Ministry of Labor, no subsidy for the promotion of the employment of the aged shall be paid.
(2) In calculating the number of workers and the aged referred to in paragraph (1) 1, any daily-employed worker and any person who falls under any of subparagraphs 2 or 5 through 7 of Article 8 of the Act shall be each excluded from the number of workers and the aged. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(3) The amount of the subsidy for the promotion of employment of the aged paid to a business operator meeting the conditions of paragraph (1) 1 shall be the amount calculated by multiplying the amount annually notified by the Minister of Labor, by the number of the employed aged persons in excess of the ratio that is set and published according to the type of business by the Minister of Labor in accordance with paragraph (1) 1: Provided,That the period during which the business operator is eligible for the payment of the subsidy for the promotion of the employment of the aged shall not exceed 5 years and the total amount of the subsidy shall not exceed an amount obtained by the multiplication of the number equivalent to 15/100 (10/100 in the case of any large-scale enterprise) of the number of workers of the relevant business by the amount that is published by the Minister of
Labor. <Amended by Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(4) Deleted. <by Presidential Decree No. 18555, Oct. 1, 2004>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) The amount of the subsidy for the promotion of the employment of the aged that is paid to any business operator who meets the requirements referred to in paragraph (1) 3 shall be an amount obtained by the multiplication of the number of the reemployed workers after their retirements by the amount that is published every year by the Minister of Labor taking into account wage hike rates and circumstances surrounding the labor market, etc. and the subsidy for promoting the employment of the aged shall be paid for 6 months (12 months for the business operator of any enterprise falling under Article 15 (1) 2). <Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004>
(7) Necessary details related to application for and payment of the subsidy for the promotion of the employment of the aged shall be determined by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 22-2 (Subsidy for Promotion of New Employment)(1) In the event that any business operator employs anyone who has been out of work in excess of the unemployment period by the unemployed persons that is prescribed in the attached Table and is reckoned from the date on which the latter files an application with any vocational stabilization agency or any agency that is prescribed by the Ordinance of the Ministry of Labor for a job as one of the insured (excluding any worker whose employment contract is short and any other worker who is prescribed by the Ordinance of the Ministry of Labor) and keeps him employed without laying him off on the grounds of employment adjustment for the period ranging from 3 months before his employment to 6 months after his employment in accordance with Article 18 of the Act,the Minister of Labor shall pay such business operator the subsidy for the promotion of new employment: Provided, That in the event that any newly employed worker is employed by any business operator who is the former's latest employer, such subsidy for the promotion of new employment shall not be paid. <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(2) The subsidy for the promotion of new employment referred to in paragraph (1) shall be the amount computed by multiplying the amount annually notified by the Minister of Labor in view of the rate of wage hike, the given conditions of labor markets, etc. by the number of employed workers, and shall be paid for 12 months (the employment period in the event that the employment period of the relevant worker is not more than 12 months). In this case, the amount that is published by the Minister of Labor may be deferentially set according to the working period. <Amended by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(3) In the event that any worker is doubly eligible for the payment of the subsidy for the promotion of new employment that is prescribed in the attached Table 1, the amount referred to in paragraph (2) shall be paid based on the eligibility for which the relevant business operator files an application. <Newly Inserted by Presidential Decree No. 18555, Oct. 1, 2004>
(4) Where the number of the newly employed workers under paragraph (1) exceeds 100 during the period of relevant insurance year, the subsidy for the promotion of new employment shall be paid for 100 workers and 30/100 of workers in excess. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) Matters necessary to apply for and pay the subsidy for the promotion of new employment shall be prescribed by the Ordinance of the
Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004>
[This Article Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999]
Article 22-3 (Subsidies for Promotion of Employment of Middle-Aged Persons who Completed Job Training)(1) The Minister of Labor shall provide subsidies for the promotion of the employment of the middle-aged persons who completed job training to any business operator who has newly employed jobless workers aged 40 or above and kept them employed as the insured (excluding any worker whose employment contract term is short and other workers prescribed by the Ordinance of the Ministry of Labor) for three months prior to their employment and six months after their employment without laying them off under any employment adjustment within 6 months from the date on which they complete the reemployment training (limited to the training courses of not less than three months) for the unemployed provided for in Article 31 in accordance with Article 18 of the Act and the training courses that are designated and published by the Minister of Labor: Provided,That such subsidies shall not be paid in the event that workers are reemployed by their former business operator (including any business operator who has merged with their former business operator or taken over the business of the former business operator and other business operator who is involved in the business of the former business operator and prescribed by the Ordinance of the Ministry of Labor) who keeps them employed immediately prior to their layoffs. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(2) The subsidies for the promotion of the employment of middle-aged persons who completed job training shall be paid by the Minister of Labor for 12 months (the employment period if the employment period of the relevant employed worker is not more than 12 months ) and the Minister of Labor shall calculate the amount of such subsidies by multiplying the number of workers employed under paragraph (1) by the amount that he publishes taking into account wage hike rates and labor market conditions, etc. each year. In this case, the amount that the Minister of Labor publishes may be set in differential manner according to the length of employment. <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(3) Necessary matters concerning the application for and the payment of the subsidies for the promotion of the employment of middle-aged persons who completed job training, etc. shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002]
Article 23 (Subsidy for Infant-Care Leave) (1) The Minister of Labor shall pay the subsidy for infant-care leave to any business operator who grants any of his workers who is insured in accordance with Article 18 of the Act an infant- care leave of not less than 30 days (excluding any period that overlaps the before and after childbirth period of 90 days provided for in Article 72 of the Labor Standards Act), which is provided for in Article 19 of the Act on the Equal Employment for Both Sexes, in accordance with Article 18 of the Act and keeps the worker employed as one of the insured for not less than 30 days after the completion of the child-care leave.
(2) The amount of the subsidy for infant-care leave referred to in paragraph (1) shall be an amount obtained by the multiplication of the number of months (including the period of paid leave after childbirth provided for in Article 72 of the Labor Standards Act) that are spent by any worker for infant care by the amount that the Minister of Labor publishes every year according to the business scale. In this case,
(3) Necessary matters concerning the application for and the payment of the subsidy for the infant-care leave shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 18555, Oct. 1, 2004]
Article 23-2 (Support for Retirement Mutual Aid Premiums for Construction Workers) (1) With respect to any business operator who subscribes to mutual aid fund for retirement provided for in Article 10 (2) of the Act on the Employment Improvement, etc. of Construction Workers in accordance with Article 18-2 (1) of the Act, the Minister of Labor may subsidize part of the mutual aid premiums that such business operator is required to bear in accordance with Article 13 of the same Act. <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(2) The amount of mutual aid payments to be supported, in accordance with paragraph (1), shall be an amount equivalent to 1/3 of the mutual aid payments made by the business operator, starting with the date on which the construction worker becomes a beneficiary. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) In the event that any business operator who has taken the partial subsidy of mutual aid premiums in accordance with paragraphs (1) and (2) files a claim with the mutual-aid association of construction workers (hereinafter referred to as the “ mutual-aid association of construction workers”) provided for in Article 9 the Act on the Employment Improvement, etc. of Construction Workers for refunding overpaid mutual aid premiums after the effect of his subscription to the mutual aid fund is terminated in accordance with Article 10-2 (3) of the same Act or withdrawing from the mutual aid fund in accordance with Article 18 of the same Act, the mutual-aid association of construction workers shall refund mutual aid premiums after deducting an amount equivalent to the subsidized mutual aid premiums referred to in paragraphs (1) and (2). In this case, <Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004>
(4) Necessary details related to application for and method of support, etc., for the mutual aid payments as referred to in paragraphs (1) and (2), shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 23-3 (Subsidy for Stabilizing Employment of Construction Workers) (1) The Minister of Labor shall pay a subsidy for stabilizing the employment of construction workers to any business operator who meets the requirements falling under each of the following subparagraphs in accordance with Article 18-2 of the Act:
1.He is required to be a business operator provided for in subparagraph 1 of Article 2 of the Act on the Employment Improvement, etc. of Construction Workers;
2.He is required to designate a person in charge of employment management provided for in Article 5 of the Act on the Employment Improvement, etc. of Construction Workers; and
3.Every person in charge of employment management is required to deal with administrative affairs involving the employment insurance, including reports on the acquisition and loss of the insured status, etc. for daily-employed workers whose number is in excess of the number that is set and published by the Minister of Labor: Provided, That the total amount of work is in excess of 30 billion won (in the case of any subcontractor, the total amount of subcontract work is in excess of 5 billion won), the administrative affairs performed for the relevant workplace shall be excluded from the calculation of such number.
(2) The amount of the subsidy for stabilizing the employment of construction workers referred to in paragraph (1) shall be an amount that is published every year by the Minister of Labor according to the scale of administering the insured, including reports on the acquisition or loss of the insured status, etc. of daily employed workers.
(3) Necessary matters concerning any application for and any payment of the subsidy for stabilizing the employment of construction workers shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 18296, Feb. 25, 2004]
Article 24 (Support of Employment Promotion Facilities) (1) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may provide support for part of the establishment or operation expenses of employment promotion facilities to the head of local government, the public organization or the non-profit corporation which is delegated or entrusted with the establishment or operation of such facilities under the provisions of Article 21 of the Framework Act on Employment Policy.
(2) Necessary details related to the support of employment promotion facilities under paragraph (1) shall be determined by the Minister of Labor.
(3) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may give support to part of the operation expenses of nursery facilities which the business operator establishes or operates such facilities independently or jointly, as determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The Minister of Labor may support with loans or other financial support a business operator or a business operators' association which intends to install nursery facilities independently or jointly under the provisions of Article 19 of the Act as prescribed by the Minister of Labor. In this case, the amount of loans and the financial support for any operator of the business subject to the preferential financial support (including any business operators' organization whose number of business subject to the preferential financial support is in excess of 50/100), any business operator or any business operators' association that intends to install nursery facilities for disabled children or babies may be raised. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17853, Dec. 30, 2002>
Article 24-2 (Disposition of Specialized Manpower) (1) Pursuant to Article 20 of the Act, the Minister of Labor shall post to the vocational stabilization agency, and manage, vocational counselors who professionally support the collection and furnishing of employment information, vocational guidance, job placement and employment of the unemployed, etc. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Such matters necessary for the qualifications of vocational counselors referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 25 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 26 (Restrictions on Support Payments, etc. due to Dishonest Acts) (1) The Minister of Labor shall not pay persons who receive or attempt to receive support payments or subsidy as provided in Articles 15-2 through 15-6, 17, 18, 19-2, 20, 22, 22-2, 22-3, 23, 23-2, 23-3 and 24 in false and other unlawful ways, the remaining support payments or subsidy, or the support payments or subsidy which is desired to be paid, and shall order the refund of the support payments or subsidy which has been already paid. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(2) The support payments or subsidy shall not be paid to persons who received or attempted to receive support payments or subsidy as provided in Articles 15-2 through 15-6, 17, 18, 19-2, 20, 22, 22- 2, 22-3, 23, 23-2, 23-3 and 24 in false and other unlawful ways, for one year from the date on which they received or attempted to receive such support payments or subsidy, and the order for refund of the support payments or subsidy which was paid during the payment restriction period shall be made. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(3) The Minister of Labor shall, in case where he orders the refund under the provisions of paragraph (1) or (2), or decides an additional collection of the amount not exceeding the amount equivalent to that obtained by falsity and other unlawful means pursuant to Article 20-2 (1) (proviso) of the Act, without delay notify the counterpart thereof. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(4) Any person in receipt of the notification under paragraph (3) shall pay the amount notified within 30 days from the date when he received the notification. In this case, the method of payment shall be in a lump sum in principle, but in case where the amount of payment is in excess of 10 million won and also in excess of one half of the estimated premium of relevant business, it may be paid in installments under the conditions as determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(5) In case where a person in receipt of the order of refund under paragraph (1) or (2) fails to discharge the payment obligation within the specified period, the support payments or subsidy shall not be paid during such period. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004>
Article 26-2 (Special Cases of Business Subject to Block Application)
For businesses which are subject to block application pursuant to Article 8 of the Insurance Premium Collection Act, every individual business shall be deemed to be one business, and Articles 15-2 through 15-6, 17, 18, 19-2, 20, 22, 22-2, 22-3, 23, 23-2 and 23-3 shall be applied. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18572, Oct. 29, 2004>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 26-3 (Mutual Adjustment of Support Payments and Subsidy) (1) Any business operator who satisfies requirements for receiving the employment maintenance support payment under the provisions of Article 17, even when he takes measures satisfying requirements for receiving the payment of the reemployment promotion subsidy, the employment promotion subsidy for the aged, the subsidy for the promotion of new employment, and the subsidy for the employment of middle-aged persons who complete training under the provisions of Articles 19-2, 22 (1) 3, 22 -2 and 22-3 shall be excluded from receiving the payment of those subsidies with the exception of the employment maintenance support payment. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(2) In the event that any worker meets all of the requirements for the payment of the subsidy for the employment of professional manpower by small and medium enterprises, the reemployment promotion subsidy, the employment promotion subsidy for the aged, the subsidy for the promotion of new employment or the subsidy for the employment of middleaged persons who complete training provided for in Articles 15-5, 19-2, 20, 22 (1) 3, 22-2 and 22-3, one subsidy shall be paid at the request of the relevant business operator. <Amended by Presidential Decree No. 18555, Oct. 1, 2004>
(3) In the event that any business operator meets all of the requirements for the payment of the subsidy for shortening working hours by small and medium enterprises, the subsidy for switching to the swingshift system, the subsidy for improving the employment environment by small and medium enterprises and the subsidy for developing and running new business type by small and medium enterprises provided for in Articles 15-2, 15-3, 15-4, and 15-6, one subsidy shall be paid at the request of the relevant business operator. <Newly Inserted by Presidential Decree No. 18555, Oct. 1, 2004>
(4) In the event that any business operator who is presently being paid any subsidy referred to in paragraph (3) meets the requirements for the payment of subsidies referred to in paragraph (2), he may be paid an amount obtained by the multiplication of the ratio that the Minister of Labor fixes and publishes by the amount of the subsidy referred to in paragraph (2). <Newly Inserted by Presidential Decree No. 18555, Oct. 1, 2004>
[This Article Wholly Amended by Presidential Decree No. 16464, Jul. 1, 1999]
Chapter Ⅳ ACTIVITIES FOR VOCATIONAL ABILITY DEVELOPMENT
Article 27 (Support for Expenses of Vocational Ability Development Training for Business Operators) (1) The term “vocational ability development training prescribed by the Presidential Decree” in Article 22 of the Act means training courses that fall under each of the following subparagraphs and are approved or designated in accordance with Article 28 of the Vocational Training Promotion Act: <Amended by Presidential Decree No. 19705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
1. Vocational ability development training carried out for the insured;
1-2. Vocational ability development training that is provided for any person who is not the insured and is employed by the relevant business operator;
2. Vocational ability development training carried out for those desired to be employed in the business or a business associated therewith;
3. Vocational ability development training carried out by any vocational stabilization agency intended for persons registered as job-seekers; and
4.Vocational ability development training carried out by granting workers employed in such business paid leaves that meet the requirements falling under each of the following subparagraphs (referring to the paid leaves that are different from the monthly paid leave and the annual paid leave under the Articles 57 and 59 of Labor Standards Act, and an amount exceeding regular wages is paid during the paid leave):
(a) The business operator of any enterprise eligible for preferential support or any business operator who has the full-time workers of not more than 150 employed on his payroll is required to grant his workers paid leaves for not less than 7 days in order for them to undergo training that lasts not less than 30 hours;
(b) The business operator who does not fall under item (a) and have workers who have worked for his business for not less than one year is required to participate in the training of not less than 120 hours by granting them the paid leaves of not less than 30 days; and
(c) The business operator is required to get workers engaged in production or other workers engaged in similar work who are all published by the Minister of Labor to participate in training for not less than 20 hours after granting them paid leaves in order to improve their skills and techniques.
(2) The support amount for the vocational ability development training referred to in paragraph (1) shall be an amount calculated by multiplying the ratio that the Minister of Labor publishes taking into account the business size by training expenses (limited to the expenses that fall under the standards published by the Minister of Labor) and in the case of paragraph (1) 2 and 3, such amount shall be added with training allowances that are set and published by the Minister of Labor and in the case of paragraph (1) 4, such amount shall be added with an amount equivalent to part of the wages paid during the period of paid leave (the specific support amount shall be set and published by the Minister of Labor). In this case, <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
(3) Deleted. <by Presidential Decree No. 18296, Feb. 25, 2004>
(4) The necessary matters on the scope of support, the upper limit of support and the procedure for application for support, and others for the training expenses for vocational ability development and training allowances shall be determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 28 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 29 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 30 (Limits to Support for Expenses)(1) The annual total amount of vocational ability development training expenses that every business operator is entitled to be paid in accordance with Article 23-2 of the Act shall be an amount equivalent to 120/ 100 (360/100 in the case of the business subject to preferential support) of estimated insurance premiums and special case insurance premiums for the vocational ability development program that the business operator is liable to pay in the relevant year in accordance with Articles 13 (1) 1, 17 (1) and 21 of the Insurance Premium Collection Act: Provided,That the limit of the annual total amount of the expenses that is to be paid to any business operator who falls under each subparagraph of Article 16 (2) may be 160/100 (450/100 in the case of the business subject to preferential support ) of the estimated insurance premiums and special case insurance premiums for the vocational ability development program that the business operator is liable to pay in the relevant year in accordance with Articles 13 (1) 1, 17 (1) and 21 of the Insurance Premium Collection Act. <Amended by Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004; Presidential Decree No. 18572, Oct. 29, 2004>
(2) In the event that any business operator conducts the standard training that is recognized by the Minister of Labor in accordance with Article 28 of the Vocational Training Promotion Act under the conditions as prescribed by the Ordinance of the Ministry of Labor or conducts any training whose courses are recognized or designated in accordance with Article 28 of the Vocational Training Promotion Act for workers engaged in the business other than his business, the business operator may be paid up to 100/100 of the estimated insurance premium for the vocational ability development program he is liable to pay in the relevant year in addition to the amount of support payment referred to in paragraph (1). <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) Where the amount of the support payment falls short of the minimum amount of the expenses support limit set by the Minister of Labor in the light of the business size and type, etc. the minimum amount of the expenses support limit set by the Minister of Labor shall be the amount of the support payment notwithstanding the provisions of paragraphs (1) and (2). <Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999>
Article 30-2 (Financial Support for Workers Taking Lectures)(1) In the event that the insured falling under each of the following subparagraphs participates in the vocational ability development training (hereinafter referred to as the “vocational ability development training”) after obtaining the confirmation thereof from his business operator provided for in Article 2 of the Vocational Training Promotion Act at his own expense, the Minister of Labor may financially support such expense, in whole or in part, under the conditions as prescribed by the Ordinance of the Ministry of Labor: Provided, That the insured participates in the basic courses on the informatization at his own expense that are prescribed and published by the Minister of Labor, the Minister of Labor may financially support such expense, in whole or in part, even if he does not fall under the following subparagraphs 1 through 6: <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004; Presidential Decree No. 18555, Oct. 1, 2004>
1.The person who is scheduled to leave his job, and who has left his job within a month during or after the training: Provided, That the cases falling under the cause for restriction on qualifications for benefit payment under Article 45 of the Act shall be excluded;
2. The person who is older than 40;
3. The person who is employed by the business that has not more than 300 workers employed on its payroll;
4. The person whose employment contract is not more than one year;
5.The person who is a short-time worker provided for in Article 21 of the Labor Standards Act; and
6.The person who is a seconded worker provided for in the Protection, etc. of Dispatched Workers Act.
(2) Necessary matters concerning the scope of and procedures for application for the training courses subject to the financial support of expenses referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) and (4) Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 30-3 (Support for Examination Fees, etc.)
The Minister of Labor may, in case where an insured person has obtained the national technical qualifications prescribed by the Ordinance of the Ministry of Labor at his own expenses under Article 24 (1) of the Act, financially support the relevant expenses in whole or in part, under the conditions as prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 30-4 (Loans for Ability Development Expenses) (1) In the event that any worker who is the insured is admitted to or is studying in the school or the institution falling under each of the following subparagraphs at his own expense in accordance with Article 24 (1) of the Act, the Minister of Labor may loan him school or tuition fees, in whole or in part, within limits of budget:
1. The polytechnic colleges established pursuant to the Polytechnic College Act;
2. The cyber university-type lifelong educational institutions that confer the same degree or recognize the same scholastic ability as that of the junior college or the university in accordance with Article 22 (3) of the Lifelong Education Act; and
3.The schools provided for in Article 2 of the Higher Education Act.
(2) In the event that any worker who is the insured listens to lectures given in the vocational ability development training, the Minister of Labor may loan him the tuition fee, in whole or in part, within limits of budget: Provided, That the same shall not apply to a case where the worker listens to lectures falling under each of the following subparagraphs:
1. Lectures given in any information-exchange activities including any seminar, or symposium and general cultural course such as current issues, or common sense, etc.;
2. Courses held for hobby activities, amusement and sports, etc.; and
3.Other course that is identified as inappropriate for the vocational ability development training course by the Minister of Labor.
(3) The scope of workers who are entitled to be loaned for tuition fees for the foreign language course from among vocational ability development trainings referred to in paragraph (2) shall be prescribed by the Minister of Labor.
(4) The Minister of Labor shall prescribe loan terms, including the interest rates of loans and the term of loans, etc. referred to in paragraphs (1) through (3) after consulting with the Minister of Finance and Economy.
(5) Necessary matters concerning the selection of workers entitled to loans referred to in paragraphs (1) through (3), procedures for and frequency of such loans shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002]
Article 31 (Reemployment Training for Unemployed Person) (1) The Minister of Labor may, under Article 24 (2) of the Act, conduct reemployment training for unemployed job seekers who are formerly insured and deemed necessary to undergo vocational ability development training. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004>
(2) The expenses required for reemployment training referred to in paragraph (1) may be paid to those who undergo training or any institution carrying out the training concerned. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004>
(3) In the case that the Minister of Labor executes vocational ability development training for reemployment of the unemployed under Article 24 (2) of the Act, if the same unemployed does not have the qualifications for the job-seeking benefit as stipulated in Article 33-2 (1) of the Act, the Minister of Labor may pay the training allowance. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 18296, Feb. 25, 2004>
(4) The Minister of Labor may loan the whole or part of relevant training expenses to the jobless persons, who were formerly the insured, undergoing the reemployment training for jobless persons under paragraph (1). <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004>
(5) The selection of those subject to the loan, the procedure for loan, the frequency of loan under paragraph (4) and other matters necessary for loan shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
(6) The institute to execute the reemployment training for jobless persons under paragraph (1), and other matters necessary for the execution of the reemployment training for jobless persons shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18296, Feb. 25, 2004>
Article 32 (Loan of Expenses for Vocational Ability Development Training Facilities, etc.)(1) The Minister of Labor may extend loans within limits of budget that are used to cover the cost of installing and purchasing facilities and equipment necessary for the vocational ability development training to any business operator, any business operators' association, any workers' association , any vocational ability development training corporation that is established after obtaining permission therefor from the Minister of Labor in accordance with Article 22 of the Vocational Training Promotion Act, and any person who installs and operates vocational ability development training facilities in accordance with Article 3 (1 ) 3 or 4 of the Enforcement Decree of the Vocational Training Promotion Act, all of which are presently conducting or intend to conduct the vocational ability development training in accordance with Article 25 of the Act. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(2) Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
(3) The loan conditions such as the interest rate and terms of the loan, as stipulated in paragraph (1), shall be determined by agreement between the Minister of Labor and the Minister of Finance and Economy. In this case, the rate of the loan may be decided differently for the business operator of the preferentially supported enterprise and the association of business operators of such enterprises. In this case, the interest rates of loans extended to the operator of the business that is eligible for the preferential support, the organization of the operators of the relevant business or business operators or the organization of business operators that intend to undertake the vocational ability development project provided for in Article 34 (1) 3-4 may be set otherwise. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004>
(4) Necessary details related to the loan ceiling and procedures, etc., of the expenses referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
Article 33 (Support for Vocational Ability Development Training Facilities)(1) In the event that any business operator, any organization of business operators or any association of business operators provided for in Article 25 of the Act installs, independently or jointly, vacational ability development training facilities or purchase vocational ability development training equipment in order to conduct the training of various types of vocation, including preferentially-selected types of vocation, etc. provided for in Article 34-2 (2) which are published by the Minister of Labor, the Minister of Labor may financially support part of costs needed to install such facilities and to purchase such equipment within limits of budget. In this case, the Minister of Labor may preferentially treat business operators of enterprises eligible for the preferential support, the organization of business operators of relevant enterprises, <Amended by Presidential Decree No. 18296, Feb. 25, 2004>
(2) Matters necessary for the limit of support for the expenses under paragraph (1) and procedures therefor, etc. shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 34 (Promotion of Vocational Ability Development) (1) The Minister of Labor may provide a person who executes or desires to execute the activities falling under any of the following subparagraphs, pursuant to Article 26 (1) 3 of the Act, with the expenses required for their execution: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18296, Feb. 25, 2004>
1. Research and study related to activities for the development of vocational ability;
2. Educational and public relations activities for the development of vocational ability;
3. Project undertaken to develop, edit and disseminate training mediums for the vocational ability development;
3-2. Qualifying examination activities carried out by business operators to improve the workers' skills and techniques;
3-3. Activities of examination agencies for national technical qualifications pursuant to the National Technical Qualifications Act for the expediency of the insured in obtaining the qualifications;
3-4. The vocational ability development program that any business operator or any business operators' association conducts in concert with any medium and small-sized enterprise for the workers, etc. of such medium and small-sized enterprise;
3-5. Education and training project undertaken to nurture and improve the abilities of teachers in charge of vocational ability development and training provided for in Articles 11 and 11-2 of the Vocational Training Promotion Act and persons in charge of vocational ability development provided for in Article 20 ( 3) of the same Act;
3-6. The special training program that is conducted in accordance with Article 18 of the Vocational Training Promotion Act;
3-7. The education and training program that is conducted for the purpose of training technicians having multi-skills in accordance with Article 5 of the Polytechnic College Act; and
4. Other activities for the promotion of the vocational ability development.
(2) Qualifying examination activities referred to in paragraph (1) 3-2 shall meet the following requirements: <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
1.They shall be qualifying examination activities carried out by any business operators independently or jointly for workers of the business or its associated business;
2. Items of qualifying examination shall be directly related to knowledge and functions required for the relevant business;
3.They shall have established and implemented regulations which give preferential treatment to workers who have obtained the qualifications concerned in promotion, a rise in pay, remuneration, etc.;
4.They shall not charge workers who want to obtain the qualifications concerned all the expenses such as qualifying commissions in connection qualifying examination activities;
5. Qualification examinations shall not aim at profit-making; and
6.They shall meet other requirements as prescribed by the Ordinance of the Ministry of Labor.
(3) Necessary details related to application for support, method of support, etc., of the expenses referred to in paragraph (1) shall be determined by the Minister of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 34-2 (Entrustment of Vocational Ability Development Training Program) (1) The Minister of Labor shall, when he intends to conduct the vocational ability development program in accordance with Article 26 (2) of the Act, draw up a plan for entrusting such vocational ability development program each year.
(2) The vocational ability development program referred to in paragraph (1) shall be focused on the types of occupation for which individual business operator is difficult to conduct such program, the types of occupation whose manpower are short in supply and the types of occupation that hold the key to bolstering the national competitiveness (hereinafter referred to as the “preferentially-selected types of occupation”).
(3) The training for the preferentially-selected types of occupation referred to in paragraph (2) may be entrusted to any vocational ability development training establishment or any vocational ability development training corporation under Articles 2 and 22 of the Vocational Training Promotion Act.
(4) Necessary matters concerning the conduct of the training for the preferentially-selected types of occupation, including the subject of the training for the preferentially-selected types of occupation, training procedures, training expenses and financial support for training allowances shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 17853, Dec. 30, 2002]
Article 35 Deleted. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 35-2 (Support for Development of Vocational Ability of Construction Workers) (1) Under the provisions of Article 26-2 of the Act, the Minister of Labor may support part of the expenses where a business operator or business operators' association of the construction industry conducts vocational ability development training for the development or improvement of vocational ability of construction workers who are not employed in a specified workplace and who are determined and publicly notified by the Minister of Labor; and he may support the expenses required therefor in the case that the same business operator or business operators' association pays a training allowance to the construction workers during the training period. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
(2) The provisions of Article 27 (2) shall apply mutatis mutandis to the support for the expenses of vocational ability development training referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 18296, Feb. 25, 2004>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 36 (Execution of Business by Proxy) (1) The Minister of Labor may have the Human Resources Development Service of Korea (hereinafter referred to as the “Human Resources Development Service of Korea”) established under the Human Resources Development Service of Korea Act and the Korea Research Institute for Vocational Education and Training under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, exercise by proxy each of the activities provided for in Article 27 of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002; Presidential Decree No. 18555, Oct. 1, 2004>
(2) The Minister of Labor shall, if he has the above referenced agency and institute carry out by proxy each of the activities under paragraph (1), financially support expenses needed to carry out by proxy each of the activities from the Employment Insurance Fund . <Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002>
Article 37 (Restriction of Support Payments, etc., due to Dishonest Acts)
The provisions of Article 26 shall apply mutatis mutandis to the order for payment suspension or refund of the expenses for vocational ability development training paid pursuant to Articles 27, 30-2, 30-3, 30-4, 31 through 34, 34-2 and 35-2. In this case, the term “support payments or subsidy” shall be deemed as “expenses for vocational ability development training”. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002>
Chapter V UNEMPLOYMENT BENEFITS
Article 38 (Determination and Notification of Unemployment Benefits Payment)
When the head of the vocational stabilization agency determines whether or not to pay unemployment benefits, he shall notify this fact to the applicant: Provided, That in the case that he decides to pay the unemployment benefits, he may substitute for notification by recording or transferring the fact on the employment insurance recipient qualification certificate, under the provisions of Article 43. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 39 (Drawing Up Original Register of Benefits) (1) The head of the vocational stabilization agency, when he pays the unemployment benefits, shall draw up an original register of benefits for each qualified recipient who receives the unemployment benefits.
(2) Where there is a request by a person who is related to the insurance, the head of the vocational stabilization agency shall have the person inspect the original register of benefits and issue a certificate if it is deemed necessary.
Article 40 (Causes for Extension of Standard Period)
The “causes provided for by the Presidential Decree” under Article 31 (2) of the Act shall be the following causes: Provided, That they shall exclude the case where he receives money as determined by the Minister of Labor pursuant to the proviso of subparagraph 4 of Article 2 of the Act: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. Shutdown of business;
2. Temporary retirement due to pregnancy, delivery or child care; and
3. Temporary retirement from office or other similar situations as determined and notified by the Minister of Labor.
Article 41 Deleted. <by Presidential Decree No. 18165, Dec. 18, 2003>
Article 42 (Application for Job-seeking and Application for Recognition of Recipient Qualification) (1) Any person who desires to report unemployment pursuant to Article 33 of the Act shall make an application for job-seeking as referred to in Article 9 of the Employment Security Act, and submit a written application for recognition of recipient qualification to the head of the vocational stabilization agency who has jurisdiction over his residence (hereinafter referred to as the “head of the vocational stabilization agency having jurisdiction over the residence”). In this case, it shall be accompanied by a payment period extension notice as referred to in Article 51, if delivered.
(2) In the case where any person who desires to report unemployment pursuant to paragraph (1) has a confirmation document on separation delivered by the business operator pursuant to Article 13-2 (2) of the Act, he shall submit it to the head of the vocational stabilization agency having jurisdiction over the residence: Provided, That this shall not apply in case where it is impossible to deliver a confirmation document on separation due to obscurity of the whereabouts of the business operator who has employed the separated person or other inevitable reasons. <Amended by Presidential Decree No. 18165, Dec. 18, 2003>
(3) As stipulated in Article 34 (3) of the Act, the head of the vocational stabilization agency who receives the report on unemployment pursuant to paragraph (1) shall designate a date on which the reporter must go to the vocational stabilization agency and obtain the recognition of unemployment (hereinafter referred to as the “recognition date of unemployment”), and shall notify it to the reporter.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 43 (Recognition of Recipient Qualification) (1) In the case where the head of the vocational stabilization agency receives a written application for recognition of recipient qualification as provided in Article 42, he shall deliver an employment insurance recipient qualification certificate (hereinafter referred to to as the “recipient qualification certificate”) to the applicant on the date when unemployment is first recognized, in the case that the applicant is recognized as having the recipient qualification for job-seeking benefit referred to in Article 33-2 (1) of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(2) In the case where the person who has submitted a written application for recognition of recipient qualification has no recipient qualification for job-seeking benefit as referred to in Article 33-2 (1) of the Act, the head of the vocational stabilization agency shall notify the fact to the applicant concerned. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(3) In case the recipient qualification certificate mentioned in paragraph (1) becomes unusable or is lost, the recipient shall apply to the head of his local vocational stabilization agency for redelivery. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) In the case that the qualified recipient changes or corrects his name or resident registration number or address or dwelling place, he shall report this fact to the head of his local vocational stabilization agency. In this case the head of the vocational stabilization agency shall amend the related details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(5) The person who has a recipient qualification delivered pursuant to paragraph (1) may request the head of the vocational stabilization agency who recognized the recipient qualification to deliver the document of particulars that formed the basis for recognition of the recipient qualification. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
Article 44 (Recognition of Unemployment) (1) In case the qualified recipient desires to receive recognition of unemployment under Article 34 (3) of the Act, he shall present himself at the responsible vocational stabilization agency in his local area on the recognition date of unemployment and record on the application form for recognition of unemployment, the contents of his past 14 days of reemployment activities, and submit it together with his recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 18165, Dec. 18, 2003>
(2) In the case that the head of the vocational stabilization agency recognizes unemployment as provided in paragraph (1), he shall record the fact on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The criteria for recognition of reemployment activities under paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 18165, Dec. 18, 2003>
Article 44-2 (Special Causes for Recognition of Unemployment)
The term “causes as determined by the Presidential Decree” listed in Article 34 (3) 2 of the Act means any of the following cases:
1. Where a natural disaster occurs;
2. Where the rate calculated by dividing the monthly number of persons who have applied for recognition of recipient qualification for jobseeking benefit by the number of the insured at the end of every month (hereinafter referred to as “rate of application for recipient qualification”) exceeds 1/100 for two straight months; and
3.Where a decision on the payment of special extended benefit referred to in Article 42-3 of the Act is made.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
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