国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 39~Article41

Article 39 (Special Cases of Business Subject to Blanket Application)

In the case of businesses which are subject to blanket application pursuant to Article 8 of the Insurance Premium Collection Act, each individual business shall be considered as a single business in the application of Article 17, Article 19, Article 24 through 26 and Article 29.   <Amended by Presidential Decree No. 21015, Sept. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 23139, Sep. 15, 2011>

Article 40 (Mutual Adjustment between Subsidies etc.) (1) If an employer who meets the requirements for receiving the employment retention subsidy under Article 19 takes measures which meet the requirements for receiving the support for expenses under Article 17, subsidy for employment extension of the aged under Article 25 (1) 3 or employment promotion subsidy under Article 26 while taking employment retention measures, the employment retention subsidy under Article 19 shall be provided, but other subsidies shall not.  <Amended by Presidential Decree No. 21015, Sept. 18, 2008; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 23139, Sep. 15, 2011>

(2) If a worker simultaneously meets the requirements for receiving the support for expenses under Article 17 (1) 3 through 5, subsidy for promotion of local employment under Article 24, subsidy for employment extension of the aged under Article 25, subsidy for employment of those aged 60 and over under Article 25-2, employment promotion subsidy under Article 26 or subsidy under subparagraph 5 of Article 35, only one of such subsidies shall be provided upon application by the employer concerned.  <Amended by Presidential Decree No. 21015, Sept. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 25955, Dec. 31, 2014>

(3) If an employer simultaneously meets the requirements for receiving the support for expenses under Article 17 (1) 1 and 2, only one subsidy shall be provided upon application by the employer concerned.  <Amended by Presidential Decree No. 21015, Sept. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; and Presidential Decree No. 23139, Sep. 15, 2011>

(4) If an employer who receives any of the subsidies under paragraph (3) meets the requirements to receive any of the subsidies under paragraph (2) while receiving the subsidy concerned, the amount calculated by multiplying the amount of the relevant subsidy among those under paragraph (2) by the rate determined and announced by the Minister of Employment and Labor shall be provided upon application by the employer.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>

(5) If an employer eligible to receive the subsidy for employment promotion for the aged under Article 18 of the Addenda of the Enforcement Decree of the Employment Insurance Act partially amended by Presidential Decree no. 22603 meets the requirements for receiving the subsidy for employment of those aged 60 and over, only one subsidy shall be provided upon application by the employer.  <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012>

(6) If there is a worker simultaneously eligible for support under each item of subparagraph 5 of Article 35, only one of such subsidies shall be paid upon application by the employer employing the worker concerned.  <Newly Inserted by Presidential Decree No. 25955, Dec. 31, 2014>

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

Article 40-2 (Restrictions on Support) "Cases prescribed by the Presidential Decree" in Article 26-2 of the Act refers to those in which an employer newly employs a worker or takes employment retention measures which falls under any of the following subparagraphs:

1.Where an employer receives financial support such as subsidy, etc. under the Act on the Protection and Settlement Support of Residents Escaping from North Korea;

2. Where an employer receives financial support such as subsidy, etc. under the Industrial Accident Compensation Insurance Act;

3. Where an employer receives financial support such as subsidy, etc. under the Act on Employment Promotion and Vocational Rehabilitation for Disabled Persons;

4. Other cases where an employer receives financial support from a nation or a local government.

 <This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011>

Article41(Support for Vocational Skills Development Training Costs to Employers) (1)"Vocational skills development training prescribed by the Presidential Decree" in Article 27 of the Act refers to training courses recognized under Article 24 of the Workers Vocational Skills Development Act and falling under any of the following subparagraphs:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

1.Vocational skills development training conducted for insured persons [excluding insured persons under subparagraph 1 B of Article 2 of the Act (hereinafter referred to as "self-employed insured persons")];

2.Vocational skills development training conducted for those who are employed by the employer but not insured persons;

3.Vocational skills development training conducted at the business concerned or a business related to the business concerned for those due to be employed;

4.Vocational skills development training conducted for those who are registered as a job seeker with an Employment Security Office; and

5.Vocational skills development training conducted for insured persons (excluding self-employed insured persons) employed in the business concerned during paid leave [referring to leave which is not annual paid leave under Article 60 of the Labor Standards Act and during which the amount of wage equal to or higher than the ordinary wage under Article 6 of the Enforcement Decree of the Labor Standards Act (hereinafter referred to as “ordinary wage”) is paid.] falling under any of the following items:

A. The employer of a preferentially supported enterprise or an employer who ordinarily employs less than 150 workers shall grant seven consecutive days or more of paid leave to his/her workers and provide not less than 30-hour training to these workers during that leave;

B. An employer who falls under item A shall grant continuously 30 days or more of paid leave to the workers concerned and provide not less than 120 hours of training to these workers during that leave, and shall hire replacement workers; and

C. An employer who does not fall under item A shall grant continuously 60 days or more of paid leave to workers with an employment period of one year or more, and shall provide not less than 180 hours of training to these workers.

D. An employer shall grant paid leave to workers engaged in production or similar work and announced by the Minister of Employment and Labor, and provide not less than 20-hour training to these workers during that leave to encourage their skills and techniques.

(2) The amount of subsidy for vocational skills development training under paragraph (1) shall be calculated by multiplying the training expenses (restricted to the expenses meeting the standards announced by the Minister of Employment and Labor) by the rate announced by the Minister of Employment and Labor in consideration of business size, etc., but in the case of paragraph (1) 3 and 4, the amount of training allowances announced by the Minister of Employment and Labor shall be added, and in the case of paragraph (1 ) 5, part of the amount of wages (restricted to item B of paragraph (1) 5) paid to the replacement worker (the level of support shall be determined and announced by the Minister of Employment and Labor) and the wages provided during the paid leave shall be added. In such cases,  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22603, Dec. 31, 2010>

(3) For employers who conduct vocational skills development training for a person falling under any of the following subparagraphs, the level of support may be set higher, as determined and announced by the Minister of Employment and Labor, notwithstanding paragraph (2). In such cases, part or all of the amount of wages paid during the training period may be subsidized:  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1.Fixed-term workers under subparagraph 1 of Article 2 of the Act on the Protection, etc., of Fixed-term or Part-time Employees;

2. Part-time workers under Article 2 (1) 8 of the Labor Standards Act;

3.Dispatched workers under the Act on the Protection, etc., of Dispatched Workers; and

4.Daily workers

(4) Necessary matters concerning the scope of support for training expenses and training allowances for vocational skills development training, the maximum amount of subsidy, the application procedures and other necessary matters shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>