国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 92~Article101

Article 92 (Mutatis Mutandis Application)

The provisions of Article 76 (1) and (3) and Article 81 shall apply mutatis mutandis to the employment promotion allowances referred to in Articles 64 through 67. In such cases, the term “job-seeking benefits' shall be read as ”employment promotion allowances“, ”eligible recipient“ as'person eligible to receive employment promotion allowances”, and “amount of job-seeking benefits” as “amount of employment promotion allowances”.

Article 93 (Entrustment of Business)

The head of an Employment Security Office may, if it is deemed necessary, and at the request of an eligible recipient, entrust unemployment benefits-related affairs for that person to the head of another Employment Security Office.

Article 93-2 (Mutatis Mutandis Application)

With regard to unemployment benefits for self-employed insured persons, the provisions of Articles 58, 61 (excluding paragraph (3)), 62 through 67, 69 through 71, 75 through 77, 79 through 83, and 88 through 92 shall apply mutatis mutandis.

 <This Article Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012>

Chapter Ⅴ Childcare Leave Benefits, etc.

Article 94 (Reasons for Extension of Application Period for Childcare Leave Benefits)

"Reason prescribed by the Presidential Decree" in the proviso of Article 70 (2) of the Act refers to any of the following reasons:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

1. Natural disasters;

2.Diseases or injuries of the principal or spouse;

3.Diseases or injuries of the lineal ascendants and descendants of the principal or his/her spouse;

4. Mandatory military services under the Military Service Act; and

5.Detention or execution of sentence on criminal charges

Article 95 (Amount of Childcare Leave Benefits) (1) The monthly amount of childcare leave benefits under Article 70 (3) of the Act shall be equivalent to 40/100 of the monthly ordinary wage calculated pursuant to the Labor Standards Act from the start date of childcare leave: Provided, That if the period during which a person is eligible to receive childcare leave benefits is less than one month, the amount to be paid shall be calculated on a daily pro rata basis by dividing the amount equivalent to 40/ 100 of the monthly ordinary wage calculated pursuant to the Labor Standards Act by the number of leave days in the relevant month.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

(2) The maximum and minimum level of childcare leave benefits under paragraph (1) are as follows:

1.Where payments are made pursuant to the main part of paragraph (1)

A. Maximum: one million won per month

B. Minimum: 500,000 won per month

2.Where payments are made pursuant to the proviso of paragraph (1)

A. Maximum: amount calculated by dividing one million won a month by the number of days in the month and then multiplying the resulting amount by the number of childcare leave days

B. Minimum: amount calculated by dividing 500,000 won a month by the number of days in the month and then multiplying the resulting amount by the number of childcare leave days

(3) If the amount remaining after subtracting 15/100 of the childcare leave benefits under paragraphs (1) and (2) is less than 500,000 won, the amount determined according to the following classification shall be paid.

1.Where payments are made pursuant to the main part of paragraph (1) and paragraph (2) 1: 500,000 won per month

2.Where payments are made pursuant to the proviso of paragraph (1) and paragraph (2) 2: amount calculated by dividing 500,000 won by the number of days in the month and then multiplying the resulting amount by the number of childcare leave days

(4) The amount equivalent to 15/100 of the childcare leave benefits under paragraphs (1) and (2) (in cases falling under paragraph (3), the amount remaining after subtracting the amount under each subparagraph of paragraph (3) from the amount of childcare leave benefits under paragraphs (1) and (2)) shall be paid in a lump-sum if the worker returns to the relevant workplace after the end of his/her childcare leave and continues to be employed for six months or more.

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

Article 95-2 (Special Provisions on Childcare leave Benefits)

Notwithstanding Article 95, if parents take childcare leave successively for the same child, the amount of childcare leave benefits for the first one-month of the insured person who takes the second childcare leave shall be equivalent to his/her monthly ordinary wage. In such cases, the maximum amount shall be 1.5 million won.

 <This Article Newly Inserted by Presidential Decree No. 25645, Sep. 30, 2014>

Article 96(Report, etc on Employment during Period of Childcare Leave Benefits)

When an insured person makes a report on his/her separation from employment or employment under Article 72 (1) of the Act, he/she shall state this in a written application for childcare leave benefits first submitted after the date of separation or employment.

Article 97 (Mutatis Mutandis Application)

Article 81 shall apply mutatis mutandis to restrictions on the payment of childcare leave benefits paid pursuant to Article 70 (1) of the Act, an order to return them, etc. In such cases, “job-seeking benefits” shall be read as “childcare leave benefits.”

Article 98 (Reduction of Childcare Leave Benefits)

If an insured person receives money or valuables from the employer during the childcare leave period prescribed in Article 19 of the Act on Equal Employment and Support for Work-Family Reconciliation on account of childcare leave and the monthly sum of the money and valuables paid during that childcare leave period and the amount that accounts for 85/100 of the childcare leave benefits under Article 95 (1) and (2) (in cases where the amount is less than 500,000 won, the amount that falls under each subparagraph of Article 95 ( 3)) exceeds the amount of his/her monthly ordinary wage calculated from the beginning date of the childcare leave,the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the amount equivalent to 85/100 of childcare leave benefits under Article 95 (1) and (2) (in cases where the amount is less than 500,000 won, the amount that falls under each subparagraph of Article 95 (3)).  <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Amended by Presidential Decree No. 22269, Jul. 12, 2010; and Presidential Decree No. 22603, Dec. 31, 2010>

Article 99 (Entrustment of Affairs for Childcare Leave Benefits)

The head of an Employment Security Office may, if deemed necessary, and at the request of an insured person, deal with affairs related to childcare leave benefits by entrusting them to the head of another Employment Security Office.

Article 100 (Reasons for Extension of Application Period for Maternity Leave Benefits, etc.)

Article 94 shall apply mutatis mutandis with regard to reasons for the extension of the application period for maternity leave benefits prescribed in the proviso of subparagraph 2 of Article 75 of the Act.  <Amended by Presidential Decree No. 23946, Jul. 10, 2012>

Article 101 (Maximum or Minimum Amount of Maternity Leave Benefits, etc.)

The maximum or minimum amount of maternity leave benefits, etc., to be paid to an insured person under Article 76 (2) of the Act shall be as follows:   <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 23946, Jul. 10, 2012; and Presidential Decree No. 25388, Jun. 17, 2014>

1.Maximum amount: 4,050,000 won (In cases of a pregnancy with more than one child, the amount of maternity leave benefits shall be 5,400,000 won) where the amount equivalent to the ordinary wage for 90 days of maternity leave (in cases of a pregnancy with more than one child, the period of maternity leave shall be 120 days) or miscarriage or stillbirth leave exceeds 4,050,000 won (in cases of a pregnancy with more than one child, the amount equivalent to the ordinary wage for the period of maternity leave shall be 5,400,000 won): Provided, That if the period of payment of maternity leave benefits, etc., is less than 90 days (In cases of a pregnancy with more than one child, the period of payment of maternity leave benefits shall be 120 days ), the amount shall be calculated based on the number of leave days; and

2.Minimum amount: the amount equivalent to the ordinary wage for the period of payment of maternity leave benefits, etc., calculated using the hourly minimum wage as the hourly ordinary wage of the worker where the hourly ordinary wage of the worker is lower than the hourly minimum wage under the Minimum Wage Act (hereinafter referred to as “hourly minimum wage”) applicable on the beginning date of maternity leave or miscarriage or stillbirth leave.