国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 21. Apr, 2015Article 102~Article107

Article 102 (Mutatis Mutandis Application)

Article 96 shall apply mutatis mutandis with regard to the report, etc. on employment during maternity leave or miscarriage or stillbirth leave. In such cases, “childcare leave benefits” shall be read as “maternity leave benefits”.   <Amended by Presidential Decree No. 23946, Jul. 10, 2012>

Article 103 (Mutatis Mutandis Application)

Article 81 shall apply mutatis mutandis with regard to restrictions on the payment of maternity leave benefits, etc., paid pursuant to Article 75 of the Act, an order to return them, etc. In such cases, “job-seeking benefits” shall be read as “maternity leave benefits.”  <Amended by Presidential Decree No. 23946, Jul. 10, 2012>

Article 104 (Reduction of Maternity Benefits, etc.)

If an insured person receives money or valuables equivalent to his/her ordinary wage from the employer during the protection leave period prescribed in Article 74 of the Labor Standards Act and the sum of the amount of money or valuables paid by the employer and the amount of maternity leave benefits, etc., prescribed in Article 75 of the Act exceeds the amount of his/her ordinary wage calculated from the beginning date of the maternity leave, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the maternity leave benefits, etc., pursuant to Article 77 of the Act.: Provided,That this shall not apply in cases where the ordinary wage of the insured person were raised during the protection leave and the employer paid the person the amount of difference between the increased ordinary wage and the maternity leave benefits, etc.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 23946, Jul. 10, 2012>

Article 104-2 (Benefits for Working Hour Reduction During Child-Rearing Period) (1) With respect to reasons for the extension of the application period for benefits for working hour reduction during the child-rearing period under the proviso to Article 73-2 (2) of the Act, Article 94 shall apply mutatis mutandis. In such cases, the term "childcare leave benefits" shall be read as "benefits for working hour reduction during the child-rearing period."

(2) The amount of benefits for working hour reduction during the child-rearing period under Article 73-2 (3) of the Act shall be calculated according to the following formula: Provided, That if the period during which a person is eligible to receive benefits for working hour reduction during the child-rearing period is less than one month, the amount shall be calculated by first dividing the amount produced according to the following formula by the number of days in that month and then multiplying the resulting amount by the number of days when working hour reduction is used in that month.  <Amended by Presidential Decree No. 25645, Sep. 30, 2014> The amount of childcare leave benefits under Article 95 (1) and (2) x (Contractual working hours before reduction)-(Contractual working hours after reduction)

Contractual working hours before reduction

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

Article 104-3 (Mutatis Mutandis Application) (1) With respect to payment restriction, return order, etc. of benefits for working hour reduction during the child-rearing period under Article 73-2 (1) of the Act, Article 81 shall apply mutatis mutandis. In such cases, the term “job-seeking benefits” shall be read as “benefits for working hour reduction during the child-rearing period.”

(2) With respect to report, etc. on employment while working hour reduction period during the child-rearing period, Article 96 shall apply mutatis mutandis. In such cases, the term "childcare leave benefits" shall be read as "benefits for working hour reduction during the child-rearing period."

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

Article 104-4 (Reduction of Benefits for Working Hour Reduction During Child-Rearing Period)

Pursuant to Article 74 (2) of the Act, where the combined amount of money or valuables an insured person has received on a monthly basis from his/her employer (wage and money or valuables received due to working hour reduction during the child-rearing period) while working shorter hours during the child-rearing period under Article 19-2 of the Act on Equal Employment and Support for Work-Family Reconciliation and benefits for working hour reduction during the child-rearing period under Article 73-2 of the Act exceeds the amount of his/her monthly ordinary wage as of the month immediately preceding the month in which the beginning date of working hour reduction during the child-rearing period falls,the Minister of Employment and Labor shall pay him/her the amount calculated by subtracting the excess amount from the amount of benefits for working hour reduction during the child-rearing period.

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

Chapter VI Employment Insurance Fund

Article 104-5 (Expert Member for Administration and Management of Fund) (1) The Minister of Employment and Labor may assign an expert member for fund management in order to administer and manage the fund in a systematic and stable manner pursuant to Article 79 of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Matters concerning the qualifications, duties, remuneration, etc., of the expert member for fund management shall be determined by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 <This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009>

Article 105 (Management Business, etc., of Fund) (1) “Methods to increase the fund, prescribed by the Presidential Decree” in Article 79 (3) 5 of the Act refers to a purchase of securities under Article 4 of the Capital Markets and Financial Investment Business Act.  <Amended by Presidential Decree No. 20947, Jul. 29, 2008>

(2) “Certain level prescribed by the Presidential Decree” in Article 79 (4) of the Act refers to the rate of return determined by the Minister of Employment and Labor in consideration of the interest rates for regular savings accounts with a maturity of one year (referring to the interest rates applied by banks with nationwide business areas among the banks established under the Banking Act), expected price increase rates, etc.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010 and Presidential Decree No. 22493, Nov. 15, 2010>

Article 106 (Fund Accounting)

The employment insurance fund(hereinafter referred to as “fund”) shall be accounted for according to Article 11 of the National Accounting Act.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

Article 107 (Use, etc. of Fund) (1)“Expenses prescribed by the Presidential Decree” in Article 80 (1) 7 of the Act refers to the following expenses:

1.Expenses required for the management and operation of the insurance business;

2.Expenses required for the management and operation of the fund;

3.Payments made to an insurance work service agency under Article 33 of the Insurance Premium Collection Act; and

4.Consignment fees paid for business or affairs under the Act and the Insurance Premium Collection Act

(2) With regard to the contributions referred to in Article 80 (1) 6 of the Act, if a person who is entitled to receive the contributions on a monthly basis applies for the amount of contributions to be used for the following month, the Minister of Employment and Labor shall consider that amount and pay an amount accepted as reasonable.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) A person (hereinafter referred to as “the contributed person”) who receives the contributions referred to in Article 80 (1) 6 of the Act shall set up and manage a separate account for the contributions and return any interest gains arising from that account to the Minister of Employment and Labor: Provided, That the gains may be used for the projects (hereinafter referred to as “target projects”) carried out by or entrusted to, the contributed person with the approval of the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(4) Contributions left unused for the target projects within the insurance year shall be given back to the Minister of Employment and Labor unless otherwise prescribed by other Acts or subordinate statutes: Provided, That the remaining contributions may be carried over to the following year and used for target projects with the approval of the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(5) If the contributed person uses the contributions for purposes other than target projects, the Minister of Employment and Labor may demand him/her to return the amount concerned.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(6) The contributed person shall report the results of the execution of quarterly contributions to the Minister of Employment and Labor no later than the tenth of the month following the end of each quarter. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 <This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008>