国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 26~Article 27

Article 26 (Employment Promotion Subsidy) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, provide an employment promotion subsidy to an employer who employs as an insured worker an unemployed person who has registered himself/herself as a job-seeker with an Employment Security Office or other organizations prescribed by the Ordinance of the Ministry of Employment and Labor (hereinafter referred to as “Employment Security Office, etc.” in this Article) and falls under any of the following subparagraphs, in order to promote the employment of those having special difficulty finding employment under the normal conditions of the labor market, such as the disabled and female household heads:  <Amended by Presidential Decree No. 23513, Jan. 13, 2012 and Presidential Decree No. 24333, Jan. 25, 2013>

1.A person who has completed an employment support program for those having special difficulty finding employment under the normal conditions of the labor market as announced by the Minister of Employment and Labor;

2.A person who has been unemployed for one month or more and is a person with severe disabilities under subparagraph 2 of Article 2 of the Act on Employment Promotion and Vocational Rehabilitation of Disabled Persons;

3.Among jobless women responsible for supporting their families, those prescribed by the Ordinance of the Ministry of Employment and Labor, who have been unemployed for one month or more and are eligible for employment pursuant to the former part of Article 11 (2) of the Enforcement Decree of the National Basic Living Security Act or are eligible for protection pursuant to Article 5 and Article 5-2 of the Single-Parent Family Support Act;

4.A person who has been unemployed for one month or more and lives on an island (excluding the main island of Jeju Special Self-Governing Province and islands connected by a seawall or a bridge, etc., to the mainland) and thereby finds it difficult to participate in an employment support program under subparagraph 1.

(2) The employment promotion subsidy under paragraph (1) shall be provided if an employer has employed a person as an insured worker for at least three months.  <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012 and Amended by Presidential Decree No. 24333, Jan. 25, 2013>

1. Deleted.  <Presidential Decree No. 24333, Jan. 25, 2013>

2. Deleted.  <Presidential Decree No. 24333, Jan. 25, 2013>

(3)The employment promotion subsidy under paragraph (1) shall not be provided in any of the following cases:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012 and Presidential Decree No. 24333, Jan. 25, 2013>

1.Where a person who falls under any of the cases prescribed by the Ordinance of the Ministry of Employment and Labor, such as cases where the worker is employed on a short-term contract, is employed;

2. Deleted.  <Presidential Decree No. 24333, Jan. 25, 2013>

3.Where an enterprise other than a preferentially supported enterprise employs an unemployed person who is aged 29 or younger and determined by the Minister of Employment and Labor;

4.Where the employer dismisses any worker (excluding workers employed after employment of the worker eligible for the employment promotion subsidy) as a result of employment adjustment for three months before, and twelve months after, employing the worker eligible for the employment promotion subsidy;

5.Where an employer hiring a worker eligible for the employment promotion subsidy under paragraph (1) is the same employer the worker was working for at the time of his/her final separation: Provided, That this shall not apply if the employer preferentially employs the relevant worker pursuant to Article 25 (1) of the Labor Standards Act;

6.Cases prescribed by the Ordinance of the Ministry of Employment and Labor where an employer hiring a worker eligible for the employment promotion subsidy under paragraph (1) is related to the business the 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.

(4) The amount of employment promotion subsidy under paragraph (1) 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 employed, and shall be paid on the basis of a worker's employment period according to the following classification. In such cases, the amount of employment promotion subsidy to be paid shall not exceed 75/100 of the wages borne by the employer during the eligible period of payment of the subsidy:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; and Presidential Decree No. 25955, Dec. 31, 2014>

1.Where the employment period is three months or more but less than six months: three months' subsidy

2.Where the employment period is six months or more but less than nine months: six months' subsidy

3.Where the employment period is nine months or more but less than 12 months: nine months' subsidy

4.Where the employment period is 12 months or more: 12 months' subsidy: Provided, That any worker determined and announced by the Minister of Employment and Labor shall be subject to the following classification:

A. Where the employment period is 15 months or more but less than 18 months: 15 months' subsidy;

B. Where the employment period is 18 months or more but less than 21 months: 18 months' subsidy;

C. Where the employment period is 21 months or more but less than 24 months: 21 months' subsidy;

D. Where the employment period is 24 months or more: 24 months' subsidy.

(5) The number of insured persons eligible for payment of the employment promotion subsidy under paragraph (1) shall be limited to 20/100 of the number of insured persons as of the last day of the previous insurance year of the business concerned (30 /100 in cases of preferentially supported enterprises, and any numbers after the decimal point shall be disregarded in calculation).  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

(6) Notwithstanding paragraph (4), in any of the following cases, the employment promotion subsidy shall be provided for up to the number of insured persons described in the following subparagraphs:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

1.Where the number of insured persons who are newly hired pursuant to paragraph (1) is 30 or more: 30 persons

2.Where the number of insured persons as of the last day of the previous insurance year of the business concerned is one or more but less than 10: 3 persons

3.Where there is no insured person as of the last day of the previous insurance year of the business concerned: 30/100 of the number of insured persons as of the starting date of the insurance relationship of the year the worker was newly hired ( 3 persons if the number of insured persons is one or more but less than 10; 30 persons if 30/100 of the number of insured persons exceeds 30).

(7) Necessary matters concerning the application for and payment of the employment promotion subsidy shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>  <This Article Wholly amended by Presidential Decree No. 22603, Dec. 31, 2010>

Article 27 Deleted.  <Presidential Decree No. 21015, Sept. 18, 2008>