国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 42~Article46

Article 42 (Limits on Support for Expenses)(1) The annual total amount of vocational skills development training expenses which an employer is entitled to receive pursuant to Article 28 shall be equivalent to 100/100 (240/100 in cases of a preferentially supported enterprise) of the premiums for employment security and vocational skills development programs among the employment insurance premiums the employer bears during the year concerned pursuant to Article 13 (1) 1 and Article 16-3 of the Insurance Premium Collection Act or of the premiums for employment security and vocational skills development programs among the estimated employment insurance premiums the employer is liable to pay during the year concerned pursuant to Article 13 (1) 1 and Article 17 (1) of the Insurance Premium Collection Act: Provided,That the annual total amount of expenses that can be paid to an employer falling under any subparagraph of Article 18 (2) may be limited to 130/100 (300/100 in cases of a preferentially supported enterprise) of the insurance premiums for employment security and vocational skills development programs among the employment insurance premiums the employer bears during the year concerned or of the premiums for employment security and vocational skills development programs among the estimated employment insurance premiums the employer is liable to pay during the year concerned.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(2) If an employer provides training for workers employed in a business other than his/her business after obtaining recognition for training courses pursuant to Article 24 of the Workers Vocational Skills Development Act, the employer may be paid up to 80/100 of the premiums for employment security and vocational skills development programs among the employment insurance premiums the employer bears during the year concerned or of the premiums for employment security and vocational skills development programs among the estimated employment insurance premiums the employer is liable to pay during the year concerned, in addition to the subsidy under paragraph (1).  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(3) Notwithstanding paragraphs (1) and (2), when the amount of subsidy is less than the minimum amount determined by the Minister of Employment and Labor in consideration of size and type of enterprise, the minimum amount determined by the Minister of Employment and Labor shall be the amount of subsidy.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(4) Any of the following subsidies shall not be included in the upper limit of support for vocational skills development training expenses the employer is entitled to receive pursuant to paragraphs (1) through (3):   <Amended by Presidential Decree No. 25022, Dec. 24, 2013>

1.A subsidy for vocational skills development training which is vocational skills development training under Article 41 (1) 1 and provided as initial training under Article 3 (1) 1 of the Enforcement Decree of the Workers Vocational Skills Development Act;

2. A subsidy for vocational skills development training under Article 41 (1) 3 and 4; and

3.A subsidy for vocational skills development training under Article 41 (1) 5 A and B. In such cases, the amount shall be limited to the part of the wages paid during paid leave and the wages paid to the replacement worker, which is subsidized pursuant to paragraph (2) of the same Article.

Article 43 (Support for Development of Vocational Skills of Workers) (1) If an insured person who falls under any of the following subparagraphs receives vocational skills development training under subparagraph 1 of Article 2 of the Workers Vocational Skills Development Act (hereinafter referred to as “Vocational skills development training”), the Minister of Employment and Labor may support all or part of the necessary expenses, as prescribed by the Ordinance of the Ministry of Employment and Labor, pursuant to Article 29 (1) of the Act:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012; and Presidential Decree No. 25022, Dec. 24, 2013>

1.An insured person employed in a preferentially supported enterprise;

2. An insured person falling under any subparagraph of Article 41 (3);

3.An insured person who is self-employed;

4. An insured person who is due to leave his/her job within 180 days from the date of applying for employment training to the head of the competent Employment Security Office;

5.An insured person who has been on unpaid leave for 90 days or more due to a managerial reason;

6. An insured person aged 50 or over who is employed in a large enterprise; and

7.An insured person who has not received vocational skills development training provided by an employer under Article 27 of the Act for three years or more.

(2)The expenses incurred for the vocational skills development training referred to in paragraph (1) may be paid either to the insured person who receives the training or the institution which provides the training: Provided, That if the insured person who receives the training has settled the training expenses using a credit card under subparagraph 3 of Article 2 of the Specialized Financial Credit Business Act, as determined by the Minister of Employment and Labor, and then the credit card business which issued the credit card has paid the training expenses to the training institution, the Minister of Employment and Labor may pay the training expenses to the credit card business on behalf of the insured person who receives the training.  <Newly Inserted by Presidential Decree No. 25022, Dec. 24, 2013>

(3)Necessary matters concerning the scope of training courses for which training expenses may be supported pursuant to paragraph (1), support procedures, etc., shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 20775, Apr. 30, 2008 and Presidential Decree No. 22269, Jul. 12, 2010>

 <Title of This Article Amended by Presidential Decree No. 25022, Dec. 24, 2013>

Article 44 Deleted.  <Presidential Decree No. 23139, Sep. 15, 2011>

Article 45 (Loans for Skills Development Expenses) (1) If an insured person (self-employed insured persons shall be limited to those for whom the number of days passed since subscription to insurance totals 180 as of the date of announcement of the loan business for the relevant year) enters or attends a school or any of the following facilities at his/her own expenses, the Minister of Employment and Labor may provide loans for all or part of the school expenses within the limits of the budget pursuant to Article 29 (1) of the Act:   <Amended by Presidential Decree No. 20799, Jun. 5, 2008; Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22356, Aug. 25, 2010; and Presidential Decree No. 23513, Jan. 13, 2012>

1.A polytechnic college under the Workers Vocational Skills Development Act;

2.A cyber college-type lifelong educational institution, the graduates of which are recognized as having academic attainments and degrees equal to those of the graduates of a junior college or university under Article 33 (3) of the Lifelong Education Act; and

3.A school under Article 2 of the Higher Education Act.

(2) If an insured person receives vocational skills development training, the Minister of Employment and Labor may provide loans for all or part of the training fees within the limits of the budget: Provided, That this shall not apply if the worker takes a course falling under any of the following subparagraphs:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

1. Information exchange activities such as seminars, symposiums, etc., or liberal arts courses to obtain general knowledge, knowledge of current affairs, etc.;

2.Courses intended to enjoy hobbies, recreation, sports, etc. ; and

3.Other courses recognized by the Minister of Employment and Labor as unsuitable as vocational skills development training courses

(3) The scope of those who are eligible to receive loans for training fees for foreign language courses from among the vocational skills development training under paragraph (2) shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(4) Loan conditions, such as interest rates and repayment periods of the loans, etc. prescribed in paragraphs (1) through (3) shall be determined by the Minister of Employment and Labor in consultation with the Minister of Strategic Planning and Finance.  <Amended by Presidential Decree No. 20681, Feb. 29. 2008 and Presidential Decree No. 22269, Jul. 12, 2010>

(5) The selection of those eligible for loans, application procedures, frequency of loans and other necessary matters on the loans prescribed in paragraphs (1) through (3) shall be prescribed by the Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 46 (Support for Skills Development Expenses) (1) The Minister of Employment and Labor may, if an insured person (excluding self-employed insured persons) of a preferentially supported enterprise who enters or attends a school or facility falling under any subparagraph of Article 45 (1) shows excellent academic performance, support all or part of the school expenses within the limits of the budget pursuant to Article 29 (1) of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23513, Jan. 13, 2012>

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