国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 12~Article18

Article 12 (Scope of Preferentially Supported Enterprises) (1)"Enterprises which meet the criteria set forth by the Presidential Decree" in Article 19 (2) of the Act refers to those (hereinafter referred to as “preferentially supported enterprises”) whose number of ordinarily employed workers by industry meets the criteria specified in the attached Table 1:   <Amended by Presidential Decree No. 21348, Mar. 12, 2009 and Presidential Decree No. 24155, Oct. 29, 2012>

(2)Notwithstanding paragraph (1), an enterprise which does not fall under paragraph (1) but meets the criteria under Article 2 (1) and (3) of the Framework Act on Small and Medium Enterprises shall be regarded as a preferentially supported enterprise.  <Amended by Presidential Decree No. 24155, Oct. 29, 2012>

(3) If a preferentially supported enterprise under paragraph (1) ceases to be a preferentially supported enterprise due to an increase in the size, etc., it shall be regarded as a preferentially supported enterprise for five years from the year following the year the reason occurs.  <Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010 and Amended by Presidential Decree No. 24333, Jan. 25, 2013>

(4)Notwithstanding the provisions of paragraphs (1) through (3), any enterprise which is notified of its designation as an enterprise group subject to limitations on mutual investment pursuant to Article 14 (1) of the Monopoly Regulation and Fair Trade Act and with total assets of five trillion won or more shall not be regarded as a preferentially supported enterprise starting from the insurance year following the insurance year to which the date of notification belongs.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(5) The criteria for judging whether an enterprise is a preferentially supported enterprise under paragraph (1) are as follows:   <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No.23513, Jan. 13, 2012 and Presidential Decree No. 24155, Oct. 29, 2012>

1.The number of ordinarily employed workers shall be calculated by dividing the total number of workers in all the businesses run by the employer as of the last day of every month of the previous year (excluding the number of daily workers in the case of the construction industry) by the number of operating months of the previous year. However in the case of businesses engaged in managing collective housing under the Housing Act, the number of workers ordinarily employed by each business shall be calculated. In such cases, when the number of ordinarily employed workers is calculated, a part-time worker whose contractual working hours are 60 hours or more a month shall be counted as 0. 5 person and a part-time worker whose contractual working hours are less than 60 hours a month shall be excluded from the calculation of th e number of ordinarily employed workers; and

2.If an employer runs a business in two or more industries, the judgment shall be made on the basis of the industry where the number of ordinarily employed workers is larger and if the number of ordinarily employed workers in each industry is the same, the criteria shall be applied in the order of the total payroll and then sales.

(6) Notwithstanding paragraph (5), with regard to an employer whose insurance relationship is established during an insurance year, whether his/her business is a preferentially supported enterprise shall be judged on the basis of the starting date of the insurance relationship.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

Article 13 Deleted.  <Presidential Decree No. 23139, Sep. 15, 2011>

Article 14 Deleted.  <Presidential Decree No. 22603, Dec. 31, 2010>

Article 15 Deleted.  <Presidential Decree No. 22603, Dec. 31, 2010>

Article 16 Deleted.  <Presidential Decree No. 22603, Dec. 31, 2010>

Article 17 (Support for Employment Creation>(1) The Minister of Employment and Labor may support part of wages for employers falling under any of the following subparagraphs pursuant to Article 20 of the Act: Provided, That the Minister of Employment and Labor, in cases of paragraph (1), may support part of the wages of workers whose working hours are reduced and part of the costs of installing necessary facilities, and in cases of paragraph (2), may support part of the costs of installing facilities.   < Amended by Presidential Decree No. 23139, Sep. 15, 2011 and Presidential Decree No. 25022, Dec. 24, 2013>

1.Where there is an increase in the number of workers as a result of employing unemployed people by, for example, reducing working hours, reforming a shift work system, providing regular education and training or granting sabbatical leave (hereinafter referred to as "job -sharing");

2. Where there is an increase in the number of workers as a result of improving employment environments and employing unemployed people by establishing and operating facilities determined by the Minister of Employment and Labor;

3. Where an employer newly employs unemployed people on a part-time basis without fixing the term of their labor contracts by, for example, dividing work, reforming work arrangements or developing part-time work;

4.Where an enterprise in an industry in need of employment support, such as an industry with growth potential which is deliberated on and determined by the Committee, an industry experiencing a mismatch between labor supply and demand, a U-turn enterprise or a locally specialized industry, employs unemployed people;

5. Where a preferentially supported enterprise in an industry deliberated on and determined by the Committee employs those with professional qualifications determined by the Minister of Employment and Labor (hereinafter referred to as "professional workforce") or uses a professional workforce supplied by enterprises other than preferentially supported enterprises.

(2) If support is provided pursuant to paragraph (1), the requirements for support, the scope of eligible employers, the level and period of support, the method of application for, and payment of, subsidies and other matters necessary for support shall be determined by the Minister of Employment and Labor.

 <This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010>

Article 18 (Support Measures, etc. for Employment Adjustment) (1) For an employer who takes measures for workers' employment security pursuant to Article 21 (1) and (2) of the Act, subsidies or grants shall be provided.

(2) An employer who is eligible for preferential support under Article 21 (3) of the Act shall be an employer falling under any of the following subparagraphs:   <Amended by Presidential Decree No. 21928, Dec. 30, 2009>

1.The employer of a business which belongs to the designated industries in need of employment adjustment support, etc., (hereinafter referred to as “designated industries” in this Article) under subparagraph 1 of Article 29 (1) of the Enforcement Decree of the Framework Act on Employment Policy;

2.An employer who carries out manufacturing, repairing, etc., under a contract for business belonging to the designated industries, awarded by the employer prescribed in subparagraph 1, and with more than half of its sales related to the designated industries; and

3.The employer of a business which is located at a designated region in need of support for employment adjustment (hereinafter referred to as “designated region”) under Article 29 (1) 2 or 3 of the Enforcement Decree of the Framework Act on Employment Policy.

(3) If an employer who falls under any subparagraph of paragraph (2) takes employment retention measures or provides outplacement services, the Minister of Employment and Labor may, notwithstanding the provisions of Articles 19 through 22, set the different eligibility requirements and subsidy levels after deliberation of the Employment Policy Council (hereinafter referred to as “Employment Policy Council”) under the Framework Act on Employment Policy.  <Amended by Presidential Decree No. 21015, Sept. 18, 2008; Presidential Decree No. 21928, Dec. 30, 2009; and Presidential Decree No. 22269, Jul. 12, 2010>