国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 28

Article 28 (Wage Peak System Subsidy) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, provide a wage peak system subsidy to a worker in any of the following cases (hereinafter referred to as "wage peak system" in this Article): Provided, That in cases falling under subparagraph 2, a wage peak system subsidy shall be paid to the employer as well:   <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; and Presidential Decree No. 25955, Dec. 31, 2014>

1.Where an employer implements a system that cuts a worker's wages based on a particular age, consecutive service period or wage after 55 years of age in return for extending the retirement age to 60 years or older or extending the retirement age to 56 years or older but below 60 years with the consent of the workers' representative;

2. Where an employer implements the system referred to in subparagraph 1 or reemploys a retired worker pursuant to subparagraph 4 and reduces his/her contractual working hours per week to 15-30 hours;

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

4.Where an employer who has set the retirement age at 55 or older reemploys a person reaching the retirement age (excluding cases where the reemployment period is less than one year) and reduces his/her wages after the age of retirement.

(2) The wage peak system subsidy under paragraph (1) shall be provided to workers the employer has employed for 18 months or more and whose wages for the pertinent year have been lowered by more than the ratio determined according to the following classification, when compared to their peak wages (referring to the wages given for the year preceding the year in which wages are first cut under the wage peak system; hereinafter the same shall apply.) (excluding cases where the amount of wages for the pertinent year is equal to or higher than the amount announced by the Minister of Employment and Labor).  <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.Cases falling under paragraph (1) 1: the ratio determined according to the following classification on the basis of the period by which the retirement age is extended: Provided, That the ratio shall be 10/100 in cases of a business ordinarily employing fewer than 300 workers:

A. Up to one year from the date of application of the wage peak system: 10/100;

B. More than one year up to two years from the date of application of the wage peak system: 15/100;

C. More than two years from the date of application of the wage peak system: 20/100.

2.Cases falling under paragraph (1) 2: 30/100

3. Cases falling under paragraph (1) 4: 20/100: Provided, That the ratio shall be 10/100 in cases of a business ordinarily employing fewer than 300 workers.

(3)The wage peak system subsidy under paragraph (1) shall be the amount announced by the Minister of Employment and Labor in consideration of the difference between the worker's peak wage and wage for the pertinent year, the wage increase rate, the increase in labor costs to the employer due to the reduction of contractual working hours under paragraph (1) 2, etc.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 25955, Dec. 31, 2014>

(4)The wage peak system subsidy referred to in paragraph (1) shall be paid for five years from the date on which the wage peak system is applied: Provided, That if the employment period is shorter than five years, the wage peak system subsidy shall be paid for that employment period, and that even in cases of reemployment under paragraph (1) 4 after the implementation of the wage peak system under paragraph (1) 1, the maximum payment period shall be five years in total:   <Amended by Presidential Decree No. 25022, Dec. 24, 2013>

(5) Necessary matters concerning the calculation of, application for, and payment of the wage peak system subsidy under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

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