国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 21~Article23

Article 21 (Amount, etc., of Employment Retention Subsidy) (1) The amount of employment retention subsidy shall be as follows: Provided, That in cases falling under subparagraph 1, if the Minister of Employment and Labor deems it necessary in order to stabilize employment due to a deterioration of the employment situation, such as a rapid increase in unemployment, the amount shall be equivalent to 3/4 [2/3 in cases of an enterprise which is not a preferentially supported enterprise (hereinafter referred to as “ large enterprise”)] of the money and valuables given by the employer to preserve the wages of insured workers (limited to a period determined and announced by the Minister of Employment and Labor but not exceeding one year):  <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24514, Apr. 22, 2013; Presidential Decree No. 25022, Dec. 24, 2013; and Presidential Decree No. 25955, Dec. 31, 2014>

1.In cases falling under Article 19 (1) 1 and 3:

A. Where working hours are reduced by less than 50/100 during one calendar month by means of an adjustment of working hours, a reform of the shift work system, a temporary shutdown or layoff, etc.: the amount equivalent to 2/3 (1/2 in cases of a large enterprise) of the money and valuables given by the employer to preserve the wages of insured workers for the reduced working hours or leave of absence;

B. Where working hours are reduced by 50/100 or more during one calendar month by means of an adjustment of working hours, a reform of the shift work system, a temporary shutdown or layoff, etc.: the amount equivalent to 2/3 of the money and valuables given by the employer to preserve the wages of insured workers for the reduced working hours or leave of absence.

2.In cases falling under Article 19 (1) 2: the sum of the amount equivalent to 3/4 (2/3 in cases of a large enterprise where working hours are reduced by less than 50/100 during one calendar month by means of training) of the money and valuables given by the employer to the insured trainee during training and the amount obtained by multiplying the amount of training expenses meeting the criteria announced by the Minister of Employment and Labor by the rate announced by the Minister of Employment and Labor;

3.Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

4.Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

5.Deleted.  <Presidential Decree No. 22026, Feb. 8, 2010>

(2) The employment retention subsidy referred to in paragraph (1) shall be provided for each employment retention measure until the total number of days (If two measures or more are taken on the same day, it shall be counted as one day.) when the measure is taken reaches 180 during the insurance year: Provided, That if the employment situation worsens due to a rapid increase in unemployment, etc., and it is deemed necessary in order to stabilize employment, the Minister of Employment and Labor may provide an employment retention subsidy to a person who has received an employment retention subsidy for up to 180 days for taking an employment retention measure and takes an additional employment retention measure under Article 19 (1) 2 for a period determined and announced by the Minister of Employment and Labor but not exceeding one year,until the total number of days when the additional employment retention measure is taken reaches 90.  <Amended by Presidential Decree No. 25022, Dec. 24, 2013>

(3) Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

(4) Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

(5) The amount of employment retention subsidy provided pursuant to paragraph (1) shall not exceed the amount determined and announced by the Minister of Employment and Labor per worker subject to each employment retention measure.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23513, Jan. 13, 2012>

Article 21-2(Level of Wage Reduction Due to Temporary Shutdown, etc.)

"Level prescribed by the Presidential Decree" in the latter part of Article 21 (1) of the Act refers to less than 50/100 of the ordinary wage (including cases where no wage is paid).

 <This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013>

Article 21-3(Requirements, etc., for Support for Insured Workers Due to Temporary Shutdown, etc.) (1) If a temporary shutdown or layoff (hereinafter referred to as "temporary shutdown, etc.") an employer undertakes instead of adjusting employment even though there is an inevitable reason for employment adjustment prescribed by the Ordinance of the Ministry of Employment and Labor falls under any of the following subparagraphs, the Minister of Employment and Labor may provide a subsidy to the insured worker concerned pursuant to the latter part of Article 21 (1) of the Act:

1.Where the employer undertakes a 30-day or longer temporary shutdown for the number of insured workers determined according to the following classification, and pays no allowance for temporary shutdown or an allowance for temporary shutdown equivalent to less than 50/100 of the ordinary wage during that period with the approval of the Labor Relations Commission under Article 46 (2) of the Labor Standards Act:

A. Where the total number of insured workers is 19 or fewer: 50/100 or more of the total number of insured workers;

B. Where the total number of insured workers is 20~99: 10 insured workers or more;

C. Where the total number of insured workers is 100~999: 10/100 or more of the total number of insured workers;

D. Where the total number of insured workers is 1,000 or more: 100 insured workers or more

2.Where the employer undertakes a 90-day or longer temporary layoff for the number of insured workers determined according to the following classification after having taken employment retention measures for three months or more under Article 19 (1) 1 or 2 within one year before the period of temporary layoff begins, and does not give any money and valuables, such as allowances for temporary layoff, under agreement with the workers' representative (referring to the trade union composed of a majority of workers or person representing a majority of workers if there is no such trade union) during that period:

A. Where the total number of insured workers is 99 or fewer: 10 insured workers or more;

B. Where the total number of insured workers is 100~999: 10/100 or more of the total number of insured workers;

C. Where the total number of insured workers is 1,000 or more: 100 insured workers or more.

(2) The subsidy referred to in paragraph (1) shall be the amount determined by the Minister of Employment and Labor in consideration of the wage or allowance paid by the employer to the insured worker concerned, but not exceeding 50/100 of the ordinary wage of the insured worker. In such cases, the subsidy shall not exceed the amount per insured worker subject to temporary shutdown, etc., determined and announced by the Minister of Employment and Labor.

(3) The subsidy referred to in paragraph (2) shall be provided for up to 180 days during the period of the relevant temporary shutdown, etc.

(4) If the Minister of Employment and Labor provides a subsidy to an insured worker pursuant to paragraph (1), the employer shall establish a plan for employment retention measures containing information on the measures needed to develop and improve the vocational skills of the insured worker receiving the subsidy, and submit it to the Minister of Employment and Labor.

(5) Necessary matters concerning the method of, and procedure for applying for subsidies for insured workers due to a temporary shutdown, etc., the methods of payment, etc., other than those provided for in paragraphs (1) through (4) shall be determined and announced by the Minister of Employment and Labor.

 <This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013>

Article 21-4 (Support for Measures, etc., to Develop and Improve Vocational Skills) (1) The Minister of Employment and Labor may provide the support employers need to take measures for the development, improvement, etc. of the vocational skills of insured workers according to plans for employment retention measures, pursuant to Article 21-3 (4).

(2) Necessary matters concerning the procedure for applying for the support referred to in paragraph (1), the methods of support, etc., shall be determined by the Minister of Employment and Labor.

 <This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013>

Article 22 (Support for Reemployment of Persons Due to Leave Job etc.)

If an employer who inevitably has to adjust employment under Article 21 (1) of the Act, alone or jointly establishes necessary facilities directly, or entrusts other organizations equipped with such facilities, to provide services necessary for the reemployment of a person falling under any of the following subparagraphs, the Minister of Employment and Labor may partially support the costs, as determined by the Minister of Employment and Labor:

1.A person who is an insured person of the business concerned and due to leave his/her job because of employment adjustment, retirement age limits, or the expiry of his/her employment contract period; and

2.A person who was an insured person of the business concerned and has left his/her job because of employment adjustment, retirement age limits, or the expiry of his/her employment contract period.

 <This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010>

Article 23 Deleted.  <Presidential Decree No. 21015, Sept. 18, 2008>