国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 29~Article 34

Article 29 (Subsidy for Employment Security During Perinatal and Childcare Period) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, provide a subsidy for employment security during the perinatal and childcare period to an employer falling under any of the following subparagraphs:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25388, Jun. 17, 2014; and Presidential Decree No. 25645, Sep. 30, 2014>

1.Where the employment contract period or dispatch contract period of an insured female worker who falls under any of the following items has expired during the period of pregnancy, the period of maternity leave under Article 74 (1) of the Labor Standards Act (hereinafter referred to as "maternity leave") or the period of childcare leave (limited to the period until the child reaches 15 months of age) under Article 19 of the Act on Equal Employment and Support for Work-Family Reconciliation, an employer (including using employers under the Act on the Protection, etc., of Dispatched Workers in the case of dispatch workers under item B) who makes an employment contract for one year or more with such worker immediately after the end of the employment contract period or dispatch contract period , or within 15 months after the childbirth:

AA worker whose employment contract period is one year or less;

BA dispatched worker under the Act on the Protection, etc., of Dispatched Workers.

2.An employer who allows an insured worker to take childcare leave under Article 19 of the Act on Equal Employment and Support for Work-Family Reconciliation or to work shorter hours during the child-rearing period under Article 19-2 of the same Act ( hereinafter referred to as “childcare leave, etc.”) for 30 days or more (excluding a period overlapping with the 90 days of maternity leave) and continues to employ the insured worker for 30 days or more after the end of the childcare leave, etc.;

3. An employer who grants an insured worker maternity leave, miscarriage or stillbirth leave under Article 74 (3) of the Labor Standards Act (hereinafter referred to as "miscarriage or stillbirth leave"), or childcare leave, etc. for 30 days or more and hires a replacement worker, and meets all of the following requirements:

A. The employer shall newly hire a replacement worker 30 days before the beginning date of maternity leave, miscarriage or stillbirth leave or childcare leave, etc., (30 days before the beginning date of maternity leave in cases where maternity leave, miscarriage or stillbirth leave, or childcare leave, etc., starts immediately following maternity leave) and continue to employ the worker for 30 days or more thereafter;

B.The employer shall continue to employ a worker who has taken maternity leave, miscarriage or stillbirth leave, or childcare leave, etc., for 30 days or more after the end of maternity leave, miscarriage or stillbirth leave, or childcare leave, etc .; and

C.The employer shall not dismiss any worker (excluding workers employed after employment of the new replacement worker) as a result of employment adjustment during three months before and six months after hiring the new replacement worker

(2) The subsidy for employment security during the perinatal and childcare period under paragraph (1) 1 shall be paid for the employment period of the relevant worker not exceeding six months in the amount determined and announced by the Minister of Employment and Labor: Provided , That if an employer signs an employment contract without a fixed period, the subsidy shall be paid for the employment period of the relevant worker not exceeding one year.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012; and Presidential Decree No. 24333, Jan. 25, 2013>

(3) The amount of subsidy for employment security during the perinatal and childcare period under paragraph (1) 2 shall be calculated by multiplying the amount announced by the Minister of Employment and Labor according to business size in consideration of the employer's labor costs resulting from granting childcare leave, etc., by the number of months for which the worker has been on childcare leave, etc. In such cases, 50/100 of the subsidy for employment security during the perinatal and childcare period shall be paid if the employer continues to employ the insured worker for six months or more after the end of the childcare leave, etc.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012; and Presidential Decree No. 24333, Jan. 25, 2013>

(4) The amount of subsidy for employment security during the perinatal and childcare period under paragraph (1) 3 shall be calculated by multiplying the amount announced by the Minister of Employment and Labor according to business size in consideration of the employer's labor costs resulting from hiring a replacement worker by the number of months for which the employer has employed the replacement worker during the period of maternity leave, miscarriage or stillbirth leave, or childcare leave, etc. taken.  <Amended by Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; and Presidential Decree No. 25022, Dec. 24, 2013>

(5) Necessary matters concerning the application for and payment of the subsidy for employment security during the perinatal and childcare period under paragraph (1) shall be prescribed by the Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 24333, Jan. 25, 2013>

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

Article 30 Deleted.  <Presidential Decree No. 22603, Dec. 31, 2010>

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

Article 32 Deleted.  <Presidential Decree No. 25022, Dec. 24, 2013>

Article 32-2 Deleted.  <Presidential Decree No. 22026, Feb. 8, 2010>

Article 33 (Support for Diagnosis, etc., of Employment Management) (1) The Minister of Employment and Labor may, if an employer or an employers' or workers' organization receives diagnosis services from a professional organization with regard to the reform of wage system, redesigning of work, etc., to ensure employment security or promote employment for those who are or were insured persons or other persons who have the willingness to be employed (hereinafter referred to as “insured persons, etc.”), support part of the costs needed for the diagnosis within the limits of the budget pursuant to Article 25 (1) 1 of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Matters concerning the selection of those eligible for the support under paragraph (1), the level of support, and other necessary matters shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 34  <Presidential Decree No. 22603, Dec. 31, 2010>