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ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 35~Article 38

发布人:春秋智谷  /  发布时间:2021-04-12 14:07:34  

Article 35 (Employment Security and Employment Promotion)

 

Projects prescribed by the Presidential Decree” in Article 25 (1) 3 of the Act refers to the following projects:   <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31; and Presidential Decree No. 25955, Dec. 31, 2014>

 

1.Education projects and public relations projects for the employment security and employment promotion of insured persons, etc.;

 

2.Employment support projects, such as job placement services, career guidance, internship support and out-placement services, to promote employment of insured persons, etc.;

 

3.Employment environment improvement projects for insured persons, etc., such as the aged, women and the disabled; and

 

4.Projects to support employment security etc. of construction workers.

 

5.Projects to support employment security, etc., of workers falling under any of the following items:

 

A. A fixed-term worker under subparagraph 1 of Article 2 of the Act on the Protection, etc., of Fixed-Term and Part-Time Employees;

 

B. A dispatched worker under subparagraph 5 of Article 2 of the Act on the Protection, etc., of Dispatched Workers;

 

C. A safety manager under Article 15 of the Occupational Safety and Health Act;

 

D. A health manger under Article 16 of the Occupational Safety and Health Act;

 

E. A part-time worker under Article 2 (1) 8 of the Labor Standards Act.

 

6.Projects to support conversion into part-time workers under Article 2 (1) 8 of the Labor Standards Act.

 

Article 36 (Support for Employment Support Projects) (1) The Minister of Employment and Labor may support costs required for the employment support projects conducted by a person described in any of the following subparagraphs pursuant to Article 25 of the Act and subparagraph 2 of Article 35 of this Decree:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

1.A person who engages in non-fee-charging job placement services under Article 18 of the Employment Security Act and a person who engages in fee-charging job placement services under Article 19 of the same Act;

 

2. A person who engages in services providing job information under Article 23 of the Employment Security Act; and

 

3.Other persons recognized by the Minister of Employment and Labor as being capable of conducting employment support projects.

 

(2) The Minister of Employment and Labor shall, if intending to provide support pursuant to paragraph (1), publish beforehand the types and details of eligible services, the scope of eligible insured persons, etc., the details and level of the support , the method of applying for the support, etc.  <Amended by Presidential Decree No. 21348, Mar. 12, 2009 and Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 37 (Support for Employment Environment Improvement for the Aged, etc.) (1) The Minister of Employment and Labor may, if an employer intends to install or improve related facilities and equipment to ensure employment security and promote employment for insured persons, etc ., who are the aged, women or the disabled, provide support or loans within the limits of the budget to cover part of the necessary costs pursuant to Article 25 of the Act and subparagraph 3 of Article 35 of this Decree.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

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

 

Article 37-2 (Support for Employment Security of Fixed-Term Workers, etc.) (1) Pursuant to Article 25 of the Act, the Minister of Employment and Labor may provide support to an employer who intends to conduct an employment security project for workers targeted by projects under subparagraph 5 or 6 of Article 35 or convert them into part-time workers, within the limits of the budget, to cover part of the expenses necessary therefor.

 

(2) The selection of, and requirements for, people eligible for support under paragraph (1) and other matters necessary for such support shall be determined by the Minister of Employment and Labor.

 

 <This Article Newly Inserted by Presidential Decree No. 25955, Dec. 31, 2014>

 

Article 38 (Support for Employment Promotion Facilities) (1)"Other employment promotion facilities prescribed by the Presidential Decree" in Article 26 of the Act refers to the following facilities:   <Amended by Presidential Decree No. 21928, Dec. 30, 2009 and Presidential Decree No. 22269, Jul. 12, 2010>

 

1.Facilities necessary to provide employment services to vulnerable groups, that are set up and operated by a local government pursuant to Article 11 (4) of the Framework Act on Employment Policy;

 

2.Employment support facilities operated by a school designated by the Minister of Employment and Labor from among the schools under subparagraphs 1, 2 and 4 of Article 2 of the Higher Education Act;

 

3.Schools designated by the Minister of Employment and Labor from among the vocational high schools under Article 80 (1) 1 of the Enforcement Decree of the Elementary and Secondary Education Act;

 

4.Aged Talent Banks under Article 11 of the Aged Employment Promotion Act; and

 

5.Employment promotion facilities intended to ensure employment security and promote employment for insured persons, etc., and to secure workforce for employers and prescribed by the Ordinance of the Ministry of Employment and Labor.

 

(2) Pursuant to Article 26 of the Act, the Minister of Employment and Labor may provide support for part of the costs needed for the establishment and operation of employment promotion facilities to a person who establishes and operates employment promotion facilities.  <Amended by Presidential Decree No. 21928, Dec. 30, 2009 and Presidential Decree No. 22269, Jul. 12, 2010>

 

(3) Necessary matters concerning the support for employment promotion facilities under paragraph (1) shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(4) Pursuant to Article 26 of the Act, the Minister of Employment and Labor may support part of the costs of operating a child care center established and operated by an employer, alone or jointly with other employers, as prescribed by the Ordinance of the Ministry of Employment and Labor. In such cases, the level of support may be set higher for the employer of a preferentially supported enterprise (including an employers' organization in which the number of preferentially supported enterprises is 50/100 or more of the total; The same shall apply hereinafter in this Article).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; and Presidential Decree No. 25022, Dec. 24, 2013>

 

(5) Pursuant to Article 26 of the Act, the Minister of Employment and Labor may, if an employer or an employers' organization intends to establish a child care center, independently or jointly with other employers, provide loans or support to cover part of the establishment costs, as determined by the Minister of Employment and Labor. In such cases, the level of loans or support may be set higher for the employer of a preferentially supported enterprise or for an employer or employers' organization that intends to establish a child care center for disabled children or infants.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; and Presidential Decree No. 25022, Dec. 24, 2013>