国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 24~Article25-1

Article 24 (Subsidy for Promotion of Local Employment) (1) The Minister of Employment and Labor shall, pursuant to Article 22 of the Act, provide a subsidy for promotion of local employment to an employer who relocates his/her business to a designated area or newly sets up or expands his/her business in a designated area after meeting all of the following requirements:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 21928, Dec. 30, 2009; and Presidential Decree No. 22603, Dec. 31, 2010>

1.Within the period of support, etc. for employment adjustment announced pursuant to Article 29 (2) of the Enforcement Decree of the Framework Act on Employment Policy (hereinafter referred to as “designated period”), the employer shall establish a plan for local employment in relation to the relocation, set- up, or expansion of the business and subsequent hiring of workers, and report the plan to the Minister of Employment and Labor;

2. The plan for local employment reported to the Minister of Employment and Labor pursuant to subparagraph 1 shall be implemented as planned;

3.Within one and half years after the date of submission of the plan for local employment, the relocated, newly-set up or expanded business shall begin its operation;

4.As of the beginning date (hereinafter referred to as “the start date of operation” in this Article) of operation of the relocated, newly set-up or expanded business, the employer shall employ job seekers who have resided in the designated area or other designated areas for three months or more, as insured persons of the relocated, newly set-up or expanded business;

5.The need for the business shall be recognized by the Employment Policy Council under Article 10 of the Framework Act on Employment Policy; and

6.The employer shall keep a record of the status of implementation of the local employment plan and the status of wages paid to insured persons employed by him/her while implementing the plan.

(2) An employer who intends to receive the subsidy for promotion of local employment shall, upon the commencement of operations under paragraph (1) 3, report to the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The amount of subsidy for promotion of local employment shall be the amount equivalent to 1/2 (1/3 in cases of a large enterprise) of the wages paid to insured persons employed pursuant to paragraph (1) 4, but shall not exceed the amount announced by the Minister of Employment and Labor under Article 21 (5).  <Amended by Presidential Decree No. 22603, Dec. 31, 2010 and Presidential Decree No. 23513, Jan. 13, 2012>

(4)The subsidy for promotion of local employment shall be provided for one year from the start date of operation.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(5) If the number of insured persons employed pursuant to paragraph (1) 4 during a designated period exceeds 200, the subsidy for promotion of local employment shall be provided only to 30/100 of the excess number of workers.

(6) The subsidy for promotion of local employment shall not be provided in any of the following cases   <Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010 and Amended by Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the employment period of insured persons employed pursuant to paragraph (1) 4 is less than six months;

2. Where an employer dismisses any worker as a result of employment adjustment during three months before, and one year after, the start date of operation;

3.Where an employer who employs a job seeker as an insured person pursuant to paragraph (1) 4 is the same employer the insured person was working for at the time of his/her final separation: Provided, That cases where the employer preferentially employs the relevant worker pursuant to Article 25 (1) of the Labor Standards Act shall be excluded;

4.Where an employer who employs a job seeker as an insured person pursuant to paragraph (1) 4 is related to the business the relevant worker was working in at the time of his/her final separation, such as where the employer merged his/ her business with, or took over, the business of the employer the worker was working for at the time of his/her final separation.

5.Other cases prescribed by the Ordinance of the Ministry of Employment and Labor, such as where an employer pays less than the minimum wage under the Minimum Wage Act.

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

(8) Necessary matters concerning the application for and payment of the subsidy for promotion of local employment shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>

Article 25 (Subsidy for Employment Extension of the Aged) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, provide a subsidy for employment extension of the aged to the employer of a business which meets any of the The following requirements: Provided, That this shall not apply to the employer of a business ordinarily employing 300 workers or more:   <Amended by Presidential Decree No. 21230, Dec. 31, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>

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

2.The retirement age shall be abolished or the existing retirement age shall be raised by one year or more to 60 years or older: Provided, That if the workplace concerned abolishes the retirement age and then sets a new retirement age or lowers the existing retirement age within three years before the abolishment or extension of the retirement age, the subsidy for employment extension of the aged shall not be provided.

3.The employer who sets the retirement age at 55 or above shall retain a worker who reaches the retirement age after 18 months or more of employment or employ a worker within three months after he/she left his/her job at the retirement age ( hereinafter referred to as “reemployment” in this Article and Article 28) and not dismiss any worker due to employment adjustment for three months before and six months after the reemployment. However, if reemployment is for a set period of less than one year or the retirement age of the workplace was lowered within three years before reemployment, the subsidy for employment extension of the aged shall not be provided.

(2) Deleted.  <Presidential Decree No. 22603, Dec. 31, 2010>

(3) Deleted.  <Presidential Decree No. 22603, Dec. 31, 2010>

(4) The amount of subsidy for employment extension of the aged to be paid to an employer meeting the requirements described in paragraph (1) 2 shall be calculated by multiplying the amount announced by the Minister of Employment and Labor annually in consideration of the wage increase rate, labor market conditions, etc., by the number of workers (excluding those who receive the wage peak system subsidy pursuant to Article 28) who have been employed by the employer continuously for at least 18 months and are allowed to continue their services by abolishment or extension of the retirement age after reaching the previous retirement age, and the subsidy shall be provided for the period determined according to the following classification:  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the retirement age is abolished: an one-year period counted from the day following the date on which one year has passed since the worker concerned reached the previous retirement age (the day the worker turns 58 in cases where the previous retirement age was lower than 58);

2.Where the retirement age is extended: the following periods counted from the day following the date on which the worker concerned reaches the previous retirement age:

A. Where the retirement age is extended by one year or more but less than three years: one year;

B. Where the retirement age is extended by three years or more: two years.

(5) The amount of subsidy for employment extension of the aged to be paid to an employer meeting the requirements described in paragraph (1) 3 shall be calculated by multiplying the amount announced by the Minister of Employment and Labor annually in consideration of the wage increase rate, labor market conditions, etc., by the number of workers reemployed after reaching the retirement age (excluding those who receive the wage peak system subsidy pursuant to Article 28) and the subsidy shall be provided for the period determined according to the following classification:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24155, Oct. 29, 2012; and Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the reemployment period is one year or more but less than three years: six months;

2.Where the reemployment period is three years or more: one year.

(6) Necessary matters concerning the application for and payment of the subsidy for employment extension of the aged shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>

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