ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT
[Enforcement Date 30. Dec, 2002.] [Presidential Decree No.17853, 30. Dec, 2002., Partial Amendment]
Ministry of Employment and Labor (Employment Insurance Planning Division-Employment Insurance System) , 044-202-7352 Ministry of Employment and Labor (Employment Insurance Planning Division) , 044-202-7373 Ministry of Employment and Labor (Employment Policy Division-Employment Promotion Subsidy , Employment Maintenance Subsidy , etc.) , 044-202-7218 Ministry of Employment and Labor (Employment Support Unemployment Benefit-Unemployment Benefit) , 044-202-7376 Ministry of Employment and Labor (Human Resource Development Division-Training Support for Employer and Worker Vocational Competency Development) , 044-202-7317 Ministry of Employment and Labor (Female Employment Policy Division-Maternity Protection) , 044-202-7476 Ministry of Employment and Labor (Employment Support Unemployment Benefit Division-Insured Management) , 044-202-7378
Chapter Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide for matters delegated by the Employment Insurance Act (hereinafter referred to as the “Act”) and other matters necessary to implement the delegated matters.
Article 1-2 (Application of Base Wages) (1) The term “where it falls under any cause prescribed by the Presidential Decree” in Article 2-2 (1) of the Act means a case which falls under any of the following subparagraphs :
1.Where the data related to wages do not exist or are obscure;
2.Where it is difficult to grasp the location of a business due to the moving, etc. of business or business place (hereinafter referred to as the “business”); and
3.Where an operator of a business who ordinarily employs four workers or less (referring to the number of workers calculated by applying mutatis mutandis the calculation method of the number of ordinarily employed workers under Article 69 (2) through (5)) reports to receive the application of the base wages to the relevant insurance year after hearing the opinions of his workers under the conditions as prescribed by the Ordinance of the Ministry of Labor.
(2) The base wages under Article 2-2 (2) of the Act shall apply according to the following classification:
1.To ordinary workers who are paid a monthly wage, the base wages shall apply by a unit of month; and
2. To workers who are employed for short time, workers who are paid wages by the hour (hereafter referred to as “hour wage workers” in this Article), and workers who are paid wages by the day (hereafter referred to as “day wage workers” in this Article), the base wages shall apply by a unit of hour by considering fixed working hours per week as actual working hour: Provided, That where it is not clear that the workers in question are hour wage workers or day wage workers or it is impossible to determine fixed working hours a week, the base wages shall apply by a unit of month.
(3) Though wages are confirmed or changed during the insurance year to which the base wages apply, the base wages shall apply until the end of the insurance year.
[This Article Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999]
Article 2 (Scope of Application) (1) The term “business prescribed by the Presidential Decree” in the proviso of Article 7 of the Act means the business falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17853, Dec. 30, 2002>
1.In the fields of agriculture, forestry, fishery and hunting, the business for which not more than four full-time workers are employed by any person who is not a corporation;
2.The construction work, the total cost (where a person or a company giving the order for the construction work concerned supplies construction materials, the market prices of the construction materials shall be included) of which falls below the amount officially announced every year by the Minister of Labor; and
3. The business of housekeeping services.
(2) Deleted. <by Presidential Decree No. 15902, Oct. 1, 1998>
(3) The scope of a business which falls under any of subparagraphs of paragraph (1) is based on the Korean Standard Industrial Classification List which is announced by the Administrator of the National Statistical Office under the Statistics Act, except for cases which are specially regulated by the Act and this Decree. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(4) The whole cost of the construction referred to in paragraph (1) 2 shall be the total sum of the individual contract prices when the contract has been made, by dividing the same construction work into two or more parts (including the case where the ordering person performs part of the construction directly) for the completion of final constructed products, regardless of whether it is called a trust or other names: Provided, That this shall not apply in case where works of respective contracted parts are independently conducted in terms of time and place. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999>
(5) In the case where the whole cost of the construction work is, originally, less than the amount announced by the Minister of Labor pursuant to paragraph (1) 2 but turns out to exceed that amount due to a change of design (including the case where a design is actually changed), or is treated as a block pursuant to Article 10-2 (1) and (2) of the Act, the provisions of the Act shall apply as a whole from that time. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999>
Article 2-2 Deleted. <by Presidential Decree No. 16095, Feb. 1, 1999>
Article 3 (Workers Excepted from Application) (1) Deleted. <by Presidential Decree No. 15902, Oct. 1, 1998>
(2) The term “persons determined by the Presidential Decree” in subparagraph 7 of Article 8 of the Act shall be those falling under the following subparagraphs: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
1. Workers who work at a business which is temporarily provided for the unemployed persons, and which is directly run by the Government or a local government in order to employ the jobless people and ensure the stability of their living;
1. Deleted; <by Presidential Decree No. 17853, Dec. 30, 2002> ≪Enforcement Date: Jan. 1, 2004≫
2. Seamen under the Seafarers Act: Provided, That the persons stipulated by the Ordinance of the Ministry of Labor shall be excluded;
3. Deleted; <by Presidential Decree No. 15902, Oct. 1, 1998>
4. Foreign workers: Provided, That the person falling under any of the following items shall be excluded:
(a) Person who holds the stay status (limited to any person who applies for an insurance policy in accordance with the Ordinance of the Ministry of Labor) that entitles him to carry out job-seeking activities in accordance with Article 23 (1) of the Enforcement Decree of the Immigration Control Act;
(b) Person who falls under the provisions of Article 23 (2) 1 of the Enforcement Decree of the Immigration Control Act (limited to any person who applies for an insurance policy in accordance with the Ordinance of the Ministry of Labor);
(c) Person who falls under the provisions of Article 23 (2) 2 of the Enforcement Decree of the Immigration Control Act;
(d) Person who falls under the provisions of Article 23 (3) of the Enforcement Decree of the Immigration Control Act (limited to any person who applies for an insurance policy in accordance with the Ordinance of the Ministry of Labor); and
(e) Person who falls under the provisions of Article 23 (4) of the Enforcement Decree of the Immigration Control Act; and
5. Special post office personnel under the Special Post Offices Act.
Article 4 (Agent) (1) The operator of a business may appoint an agent and let the agent perform the affairs of the operator of the business under the Act and this Decree.
(2) The business operator must report to the Minister of Labor when he appoints or fires the agent.
Article 4-2 (Execution of Affairs by Proxy) (1) Pursuant to Article 8-2 (2) of the Act, the Minister of Labor may have the Korea Labor Institute established under Article 8 of the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc. execute, by proxy, research and study projects to support studies on the labor market and activities related to employment insurance (hereinafter referred to as the “insurance”). <Amended by Presidential Decree No. 16093, Jan. 29, 1999>
(2) Where the Minister of Labor has a proxy or agent executing activities pursuant to paragraph (1), he may support the expenses required for the necessary research, study, management and operation, etc., from the insurance fund.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Chapter Ⅱ THE INSURED AND THE INSURANCE RELATIONSHIP
Article 5 (Establishment/Termination Report of Insurance Relationship)
If the operator of the business has automatically joined the insurance under Article 9 (1) of the Act, he shall report this to the Minister of Labor within fourteen days from the establishment date of the insurance re lation (the first day of the insurance year concerned in the case of the business which is subject to the block application), and within fourteen days from the date of termination (the date on which the block application relationship is terminated in the case of the business which has been treated as a block) if the insurance relationship has been terminated due to the discontinuation/suspension of the business. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 6 (Optional Insurance Status) (1) When the operator of a business referred to in the proviso of Article 7 of the Act desires to join the insurance under Article 9 (2) of the Act, he may join all of the employment stabilization activities/vocational ability development activities and the unemployment benefits, or may join the unemployment benefits only. <Amended by Presidential Decree No. 15624, Feb. 12, 1998; Presidential Decree No. 15902, Oct. 1, 1998>
(2) Any business operator who has joined unemployment benefits pursuant to paragraph (1) may join employment stabilization activities and vocational ability development activities upon approval by the Minister of Labor. <Newly Inserted by Presidential Decree No. 15624, Feb. 12, 1998>
(3) Any business operator who has joined employment stabilization activities and vocational ability development activities pursuant to paragraph (1) or (2) may cancel the insurance contract of the insurance activities upon approval by the Minister of Labor. In this case, any insurance contract may be cancelled only where one year has elapsed from the date on which the insurance contract of the insurance activities has been concluded. <Newly Inserted by Presidential Decree No. 15624, Feb. 12, 1998>
Article 7 Deleted. <by Presidential Decree No. 15624, Feb. 12, 1998>
Article 7-2 (Application for Approval for Recognition of Subcontractor as Business Operator)
Where an original contractor desires to obtain the approval referred to in the proviso of Article 9 (5) of the Act, he shall make an application for this to the Minister of Labor within 14 days from the date on which the written contract on the acceptance of payment of the premiums has been consummated.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 8 (Cancellation of Fictitious Joining in Employment Stabilization Activities, etc.)
Where any business operator who has joined insurance activities pursuant to Article 10 (1) of the Act intends to cancel the insurance contract with respect to employment stabilization activities and vocational ability development activities, the provisions of Article 6 (3) shall apply mutatis mutandis.
[This Article Wholly Amended by Presidential Decree No. 15624, Feb. 12, 1998]
Article 9 (Report on Changes of Insurance Relationship) (1) Deleted. <by Presidential Decree No. 15624, Feb. 12, 1998>
(2) If there are changes in the following matters related to the insured business, the business operator shall report these to the Minister of Labor within fourteen days: for subparagraph 4, he shall report it within fourteen days from the first date of any insurance year: <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
1. Name of the business operator;
2. Name and place of the business;
3. Type of business;
4. The number of workers ordinarily employed (limited to cases where there are any changes whether any enterprise is subject to preferential support referred to in Article 15); and
5. Period of the business (restricted to construction work).
Article 9-2 (Requirements for Block Application of Business) (1) The term “requirements as determined by the Presidential Decree” referred to in Article 10-2 (1) 3 of the Act means the following requirements: <Amended by Presidential Decree No. 15581, Dec. 31, 1997; Presidential Decree No. 15902, Oct. 1, 1998>
1.The business operator shall be a constructor according to the Framework Act on the Construction Industry, a housing construction enterpriser under the Promotion of Housing Construction Act, an enterpriser under the Electricity Work Business Act or an enterpriser under the Information and Communication Work Business Act ;
2. The total amount of the results of work for the insurance year two years prior to the insurance year concerned shall be not less than 10 billion won; and
3. One or more of the projects subject to employment insurance application as referred to in Article 7 shall be in force on the first day of the insurance year concerned.
(2) Any person who desires to obtain approval for a block application pursuant to Article 10-2 (2) shall request the approval of the Minister of Labor not later than 7 days prior to the commencement of the insurance year concerned.
(3) Any person who desires to obtain the approval for termination of the block application relation pursuant to Article 10-2 (3) of the Act shall make such request to the Minister of Labor not later than 7 days prior to the commencement of the following insurance year concerned.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 9-3 (Report on Commencement or Termination of Business Subject to Block Application)
Any business operator who is subject to block application pursuant to Article 10-2 (1) and (2) of the Act shall report on each business which he operates to the Minister of Labor within 14 days from the date on which the business is commenced or terminated: Provided, That he shall make such report by one day prior to the date of termination for a business which is terminated within 14 days for a report on commencement. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 9-4 (Insurance Relation after Termination of Block Application Relation)
Where an individual business operator which is excluded from an application pursuant to Article 2 (1) 2, makes a report, within 14 days from the termination date of block application, on the continued application of the insurance relation to that business, which is one of several businesses that do not correspond to the requirements for block application as referred to in Article 9-2 (1) and the block application relation of which is terminated, then the insurance relation shall be deemed to continue until the date of termination of the concerned business. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 17301, Jul. 7, 2001>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 10 (Report on Acquisition or Loss of Insurance Qualifications) (1) A business operator or a subcontractor, when workers employed for his business acquire or lose their insurance qualifications, shall report to the head of the vocational stabilization agency having jurisdiction over the location of his business (hereinafter referred to as the “head of the vocational stabilization agency”) pursuant to the provisions of Article 13 of the Act within 14 days from the day the acquisition or lose of their insurance qualifications occurs: Provided, That daily-employed workers under Article 30 of the Act shall not be deemed the insured. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16464, Jul. 1, 1999>
(2) The operator of a business who makes a report on the commencement or termination of business pursuant to Article 9-3 shall make a report on the acquisition or loss of qualification for insurance to the head of the vocational stabilization agency having jurisdiction over the site of the individual business within the report deadline as referred to in paragraph (1). <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(3) When the business operator reports the loss of qualification for insurance and the loss of qualification for insurance under the provisions of paragraphs (1) and (2) is caused by separation, he shall make and submit the reasons for separation, the insured unit period and documentation to prove the specifications of wages and retirement allowances paid before the separation (hereinafter referred to as the “confirmation document on separation”): Provided, That this shall not apply in the case where those who lose the qualification for insurance do not desire to apply for recognition of qualification as recipients of unemployment benefits at the time of the separation. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998>
(4) The head of the vocational stabilization agency who receives the confirmation document on separation pursuant to the main sentence of paragraph (3) shall confirm the insured unit period, causes for separation, and wage payment specifications, etc. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(5) Where the head of the vocational stabilization agency confirms the contents entered in the confirmation document on separation, he may demand that the separated person submit a doctor's medical certificate or other document which can prove the causes, if there exists any fact that the separated person concerned has not received wages for not less than 30 days successively within 18 months before the date of the separation due to the causes referred to in Article 31 (2) of the Act. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
(6) Where any person who has not submitted the confirmation document on separation pursuant to the proviso of paragraph (3), requires the confirmation document on separation in order to apply for recognition of qualification as recipient of unemployment benefits, he may request the former business operator to deliver the confirmation document on separation. In this case, the business operator who is so requested shall deliver the confirmation document on separation. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
Article 11 (Transference Report of Insured) (1) When the business operator transfers the insured (except for the daily worker under Article 30 of the Act.Hereinafter same Articles 12 and 13) from a business of the concerned business operator to another business, he shall report to the head of the vocational stabilization agency who has jurisdiction over the business location within 14 days from the transference date.
(2) Deleted. <by Presidential Decree No. 14935, Mar. 9, 1996>
Article 12 (Report on Changes of Name, etc., of Insured)
The business operator, when the name or the resident registration number of the insured has changed or been corrected, shall report to the head of the vocational stabilization agency having jurisdiction over the location within 14 days from the change or correction date.
Article 13 (Request and Notification of Confirmation) (1) When the insured or the person who was insured desires to request confirmation of the acquisition or loss of qualification for insurance as provided by Article 14 (1) of the Act, he may make this request to the head of the vocational stabilization agency in charge of the location.
(2) The head of the related vocational stabilization agency, if the acquisition or loss of the qualification for insurance has been confirmed under Article 14 (2) of the Act, shall notify the result of the confirmation to the worker who has acquired or lost the qualification for insurance and to the business operator who employs or previously employed the worker. In this case, the notification of the person who has acquired or lost the qualification for the insurance may be made through the concerned business operator.
(3) The business operator who is entrusted with notification of the acquisition or loss of the qualification for insurance under the latter part of paragraph (2), when he cannot make such notification because the whereabouts of the person who acquired or lost the qualification for insurance is unknown, shall report that fact directly to the head of the vocational stabilization agency. <Amended by Presidential Decree No. 14935, Mar. 9, 1996>
(4) The head of the vocational stabilization agency, when he cannot make the notification under paragraph (2) due to the unknown whereabouts of the person who acquired or lost the qualification for insurance or the business operator, shall put up a notice on the notification board of the concerned vocational stabilization agency for at least 14 days. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15902, Oct. 1, 1998>
Article 14 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Chapter Ⅲ EMPLOYMENT STABILIZATION ACTIVITIES
Article 15 (Scope of Preferentially Supported Enterprise) (1) Enterprises which shall be given first consideration when implementing such activities as employment stabilization and vocational ability development (hereinafter referred to as the “preferentially supported enterprise”) shall be those which continuously employ the number of persons by industry falling under any one of the following subparagraphs:
1. Mining: not more than 300 persons;
2. Manufacturing industry: not more than 500 persons;
3. Transportation, warehouse and communication industry: not more than 300 persons; and
4.Other industries besides those listed in subparagraphs 1 through 4: not more than 100 persons.
(2) Any enterprise which does not fall under any of the subparagraphs of paragraph (1) and which is confirmed by the Administrator of the Small and Medium Business Administration (including the director of a regional office of the Small and Medium Business Administration or director of a local office of the Small and Medium Business Administration to measure up to the standards referred to in Article 2 (1) and (3) of the Framework Act on Small and Medium Enterprises shall, notwithstanding the provisions of paragraph (1), be deemed to be a preferentially supported enterprise.
(3) Notwithstanding the provisions of paragraphs (1) and (2), where any enterprise is served the notice that it is a subsidiary of an enterprise group whose gross amount of assets is in excess of 5 trillion won from among such enterprise groups subject to the limitations on the mutual investment as designated under Article 14 (1) of the Monoploy Regulation and Fair Trade Act, it shall not be deemed to be a preferentially supported enterprise starting from the insurance year next before the insurance year to which the date on which it has received the notice belongs. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17853, Dec. 30, 2002>
(4) In order to determine whether the enterprise is subject to preferential support under paragraph (1) of this Article, the following standards shall be observed: <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
1.The number of workers who are employed ordinarily shall be calculated by dividing the total number of the present workers on the last day of every month of the previous year of all the businesses operated by the business operator (daily workers are excluded in the construction industry), by the operating months of the previous year: Provided, That for a business which manages collective housing referred to in the Housing Construction Promotion Act, the number of ordinarily employed workers shall be calculated by each business; and
2.The industrial classification standard referred to in any of the subparagraphs of paragraph (1) shall be applied on the basis of the major classifications of the Korea Standard Industrial Classification Table published by the Administrator of the National Statistical Office under the Statistics Act: Provided , That where any business operator manages the businesses of two or more industries it shall be on the basis of the industry whose number of ordinarily employed workers is larger, and where the number of ordinarily employed workers are the same, the standard shall be applied on the basis of the total amount of wages and sales.
(5) Notwithstanding paragraph (4), with regard to the business operator whose insurance relationship was formed during the insurance year, the question of whether his business is a preferentially supported enterprise shall be determined on the basis of the starting date of the insurance relationship .
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 16 (Support Contents, etc., of Employment Adjustment) (1) For a business operator who takes measures for employment stabilization pursuant to Article 16 (1) and (2) of the Act, support payments or subsidies shall be granted. <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(2) Any business operator who is eligible for preferential support pursuant to Article 16 (3) of the Act shall be the business operator meeting the conditions of any one of the following subparagraphs: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. The business operator who operates a business which is included in the businesses designated as the ones in need of employment adjustment support, etc., (hereinafter referred to as “designated business”) under Article 18 (1) of the Enforcement Decree of the Framework Act on Employment Policy;
2.The business operator who carries out manufacturing/repairing, etc. business, under a contract with the designated business from the business operator under the provisions of subparagraph 1 and who is the operator of a business of which more than half of the amount of sales is related to the designated business; and
3. The operator of a business which is located in a designated site in need of support for employment adjustment (hereinafter referred to as “designated site”) under the provisions of Article 18 (1) 2 or 3 of the Enforcement Decree of the Framework Act on Employment Policy.
(3) In the event that business operators who fall under each subparagraph of paragraph (2) take steps to keep their workers employed, support their workers in employment change and reemploy them, notwithstanding the provisions of Articles 17 through 19-2, the Minister of Labor may prescribe otherwise requirements for support and levels of support after going through deliberation of the Employment Policy Council. <Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 17 (Those to be Granted Employment Maintenance Support Payment)(1) Where the operator of a business in which an adjustment of employment has been unavoidable under Article 16 (1) of the Act does not dismiss the insured by the employment adjustment during the relevant period of employment maintenance (excluding the case of subparagraph 6 ) by taking the following measures (hereinafter referred to as “employment maintenance measures”) against those insured employed in the business (excluding daily workers who are employed for the period of less than one month and those expected to be dismissed under Article 32 of the Labor Standards Act; hereafter the same shall apply in this Chapter), the Minister of Labor shall grant support payment (hereinafter referred to as “employment maintenance support payment”) to the business operator: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000>
1.Where he suspends business in which the ratio of the number of total holidays of any insured who was suspended from business over the number of total fixed working days of the insured in the business based on one month as a unit (hereinafter referred to as the “unit periods”) exceeds 1/15, and pays shutdown allowance for the period of suspension of business operations. In this case, the methods for calculating unit periods and the method, etc. for calculating the number of total holidays for a suspension of some of fixed working hours shall be determined by the Ordinance of the Ministry of Labor;
2.Where he reduces working hours by the unit of day or week for not less than one month on end on such terms and conditions as the Ordinance of the Ministry of Labor may determine, but does not less than 1/10 of working hours in case of the reduction by the day unit, and not less than eight hours per week in case of the reduction by the week unit;
3.Where he carries out training for employment maintenance on such terms and conditions as the Ordinance of the Ministry of Labor may determine;
4. Deleted; <by Presidential Decree No. 17090, Dec. 30, 2000>
5.Where he grants paid or unpaid leave for not less than one month; and
6.Where he installs or furnishes facilities or equipment necessary to convert his business falling under the category of subclassification on the Korea Standard Industrial Classification Table publicly notified by the Commissioner of the National Statistical Office into a new type of business falling under another category of sub -classification, and relocates not less than sixty percent of the insured at the time of reporting the plans for employment maintenance measures under Article 17-2 (2) to a new business.
(2) Notwithstanding the provisions of paragraph (1), where the total number of the extended working days and holiday working days in the concerned business during the period for which the employment maintenance measures are being implemented under paragraph (1) 1 and 2 exceeds the number of the days determined by the Ordinance of the Ministry of Labor, the employment maintenance support payment shall not be paid during the period of the implementation of the concerned employment maintenance measures. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999>
(3) Necessary matters concerning the method of calculation of the extended working days and holiday working days under paragraph (2) shall be prescribed by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 16095, Feb. 1, 1999>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-2 (Establishment and Implementation of Plan for Employment Maintenance Measures) (1) Any business operator who intends to receive employment maintenance support payment shall establish a plan for employment maintenance measures meeting the following requirements and implement on schedule under the conditions as prescribed by the Ordinance of the Ministry of Labor: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 17301, Jul. 7, 2001>
1.He shall, in establishing a plan for employment maintenance measures, hold consultation with a person representing the workers (where there exists a labor union organized by a majority of workers, referring to the representative of the relevant labor union, and where there exists no labor union organized by a majority of workers, referring to a person representing a majority of workers; hereinafter the same shall apply); and
2.He shall get all documents in which a status of its progress in the implementation of a plan for employment maintenance measures and a status on the payment of shutdown or layoff allowance and wages are entered.
(2) Any person who intends to establish a plan for employment maintenance measures referred to in paragraph (1) shall report, in advance, to the Minister of Labor. The same shall apply in cases where he intends to change the scheduled date of employment maintenance measures, those subject to employment maintenance measures, the wages to be paid during the period of employment maintenance measures, etc. from among the contents of plans for employment maintenance measures: Provided, <Amended by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
(3) Any business operator who falls under the provisions of Article 17 (1) 6 shall, in implementing a plan for employment maintenance measures referred to in paragraph (1), report to the Minister of Labor after completing relocation of manpower, thereon, within eighteen months from the date of the report on the plan for employment maintenance measures.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-3 (Amount and Scope of Employment Maintenance Support Payment) (1) The amount of employment maintenance support payments shall be the amount falling under each of the following subparagraphs: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000>
1.In the case falling under the provisions of Article 17 (1) 1, 5 and 6, the amount equivalent to two thirds [In the case of corporations not subject to the preferential support under the provisions of Article 15 (hereinafter referred to as the “large-scale corporations”), one half] of the aggregation of business suspension and leave allowances and wages paid by a business operator to the insured during the employment maintenance period concerned. Where the insured are on the unpaid leave under the provision of Article 17 (1) 5, the amount shall be calculated taking into account labor expenses born by a business operator during the leave period concerned as prescribed by the Ordinance of the Ministry of Labor.
2.In the case falling under Article 17 (1) 2, the amount equivalent to 1/ 10 (1/15 for a large scale enterprise) of average wages by a business operator paid to an insured subject to reduction of working hours before reducing working hours;
3.In the case falling under Article 17 (1) 3, the total amount of an amount equivalent to 3/4 (2/3 for a large scale enterprise) paid by a business operator to any person subject to training who is an insured for the training period and an amount calculated by multiplying training costs meeting the standards as notified by the Minister of Labor by the ratio as notified by the Minister of Labor; and
4.Where a business operator conducts the additional training under Article 17 (1) 3 during the unpaid leave under Article 17 (1) 5, the amount obtained by adding an amount calculated by multiplying training costs meeting the standards as notified by the Minister of Labor by the ratio as notified by the Minister of Labor, to training allowances as determined by the Ordinance of the Ministry of Labor.
and where the insured employed by the relevant manpower relocation is dismissed by an employment adjustment, the employment maintenance support payment shall not be paid from the date of such dismissal: Provided, That the Minister of Labor may, in case where deemed necessary for the employment stabilization as the employment situations grew worse due to a rapid increase of unemployment, take the employment maintenance measures under Article 17 (1) 1 through 3 and 5; and when the person in receipt of the employment maintenance support payment within the limit of 180 days takes an additional measure of employment maintenance under Article 17 (1) 3 during the period determined and publicly notified by the Minister of Labor, he may grant the employment maintenance support payment until the relevant employment maintenance measures come up to 90 days. <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(3) Deleted. <by Presidential Decree No. 16095, Feb. 1, 1999>
(4) Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) For a business operator who is granted employment maintenance support payments under paragraph (1) 4, the employment maintenance support payments under the latter part of paragraph (1) 1 shall not be granted during the period of the employment maintenance support payment concerned . In this case, the business operator who is granted the employment maintenance support payments shall pay his workers in training the amount equivalent to training allowances from among such employment maintenance support payments. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
(7) The amount of employment maintenance support payments paid under paragraph (1) shall not exceed the amount set forth and publicly notified by the Minister of Labor for each worker subject to the employment maintenance measure. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 17-4 Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
Article 17-5 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 18 (Employment-Change Promotion Subsidies) (1) Where a business operator facing with unavoidable employment adjustment under Article 16 (1) of the Act equips independently or jointly himself with the facilities as prescribed by the Ordinance of the Ministry of Labor for the direct labor consultation, etc. in order to support a rapid reemployment with the persons falling under any of the following subparagraphs, or provides the services as stipulated by the Ordinance of the Ministry of Labor such as job consultation, etc. (hereinafter referred to as the “services to support employment change”) by entrusting the outside agency equipped with the said facilities, the Minister of Labor shall grant the employment-change promotion subsidies to the business operator: <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
1.An insured person who is scheduled to leave his post due to employment adjustment in the relevant business; and
2.A person used to be an insured person who has left his post due to employment adjustment in the relevant business.
(2) Any business operator who intends to obtain the payment of employment-change promotion subsidies shall formulate the plan for employmentchange support service after going through the agreement with the representative of workers. In this case, if the operators of businesses jointly render the employment-change support service, a representative business operator who is selected from among business operators through consultations with the representative of workers employed by each business operator (hereinafter referred to as the “representative business operator”) shall draw up the plan for employment-change support service. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) Any business operator or the representative business operator who intends to draw up the plan for employment-change support service under paragraph (2) shall submit the said plan to the Minister of Labor under the conditions as prescribed by the Ordinance of the Ministry of Labor, and obtain approval therefor. The same shall also apply to any alterations in the said plan. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(4) The Minister of Labor shall, upon receiving the plan for employment change support service from business operators or the representative business operator under paragraph (3), examine whether the relevant business operator corresponds to a person subject to the payment of employment-change promotion subsidies under paragraphs (1) and (2), and notify whether approval for the relevant plan is granted. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(5) The amount of employment-change promotion subsidies under paragraph (1) shall be an amount equivalent to one half [one third in case that large-scale enterprises or several business operators jointly provide support service for employment change (limited to a case) where the ratio of the insured or the formerly insured of large-scale enterprises from among the persons who have been given the support service for employment change is in excess of one half)] of the expense spent for the provision of support service for employment change by a business operator: Provided, That the detailed support items of employment-change promotion subsidies and the upper limit of supports shall be set forth and publicly notified by the Minister of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(6) Payment of employment-change support subsidies under paragraphs (1) through (5) shall be made in a monthly unit and be up to the limit of 12 months.
(7) Matters necessary for the application for and payment of employment change promotion subsidies shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17301, Jul. 7, 2001]
Article 18-2 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 19 Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
Article 19-2 (Reemployment Promotion Subsidies) (1) The Minister of Labor shall pay a reemployment promotion subsidy to a business operator (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Ministry of Labor: hereinafter the same shall apply) who reemploys persons under conditions falling under any of the following subparagraphs and keeps his workers employed for 3 months before and 6 months after their reemployment: <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
1.A business operator shall reemploy the persons as the insured (excluding short-term-contract workers and other workers prescribed by the Ordinance of the Ministry of Labor) within two years after they lose jobs in their work places under employment adjustment; and
2. Their unemployment period shall exceed six months after they apply for jobs at a vocational stabilization agency or other institutions as prescribed by the Ordinance of the Ministry of Labor.
(2) The amount of the reemployment promotion subsidy referred to in paragraph (1) shall be the amount which is calculated by multiplying the amount which the Minister of Labor publically announces annually based on the business size by the number of the reemployed.
(3) In paying the reemployment promotion subsidy, the reemployment promotion subsidy shall not be paid to any business operators re-employing persons who have continued to be subject to the reemployment promotion subsidy in their work places for the last two years.
(4) Matters necessary to apply for and pay the reemployment promotion subsidy shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999]
Article 20 (Local Employment Promotion Support Payments) (1) The Minister of Labor, under Article 17 of the Act, shall pay local employment promotion support payments to the business operator who relocates newly establishes or expands his business under the following conditions of relocating to the designated site or establishment or expanding at the designated site: <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 17853, Dec. 30, 2002>
1. The business shall be relocated, newly established or expanded within the period for the employment adjustment support (hereinafter referred to as the “designated period”) that is published in accordance with Article 18 (2) of the Enforcement Decree of the Framework Act on Employment Policy;
2.The local employment plan regarding the relocation, establishment or expanding and employment of workers of the business, shall be established, reported to the Minister of labor and enforced in accordance with the plan;
3. Operation of the business which is relocated, newly established or expanded shall commence within one year and six months from the day the local employment plan is submitted;
4.Employment of job seekers as the insured at the relocated, newly established or expanded business shall be offered to job seekers who have lived for more than three months in the designated area or other designated areas on the date of commencement of operation of the relocated , newly established or expanded business (hereinafter referred to as the “beginning date”);
5. The business shall be one which may contribute to the sound development of the local economy of the concerned designated area; and
6.Enforcement shall be made with the documents which record the situation of enforcement of the local employment plan and payment situation of the insured workers.
(2) The business operator who desires to receive local employment promotion support payments at the time of commencement of operation as prescribed in paragraph (1) 3 shall report this to the Minister of Labor.
(3) The amount of local employment promotion support payments shall be equivalent to one half (one third in the case of a large-scale enterprise) of the amount paid to the insured workers under paragraph (1) 4 (excluding short-term workers ). <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997>
(4) The local employment promotion support payments shall be paid for one year from the day the operation begins: Provided, That it is paid only until the designated period expires.
(5) If the number of insured workers as prescribed in paragraph (1) exceeds two hundred during one designated period, local employment promotion support payments shall be paid for two hundred workers and thirty percent of workers in excess. <Amended by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997>
(6) Necessary details related to application for and payment of local employment promotion support payments shall be determined by the Ordinance of the Ministry of Labor.
Article 21 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 22 (Promotion Subsidies for Employment of Aged)(1) The Minister of Labor, pursuant to Article 18 of the Act, shall pay the promotion subsidy for the employment of the aged to any business operators who satisfy conditions falling under any of the following subparagraphs: Provided, That in the case of subparagraph 2, when a person is employed by the business operator who was the employee before his last separation (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Ministry of Labor), no promotion subsidy for the employment of the aged shall be paid. In the case of subparagraph 3, <Amended by Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
1.The ratio of the average monthly employment of the aged (meaning the aged in the Employment Promotion for the Aged Act) to the average monthly number of workers for the business concerned during every quarter shall exceed the ratio set by the Ordinance of the Ministry of Labor;
2.The business operators shall newly employ as the insured person the aged person in unemployment status in excess of 3 months after an application for a position to the vocational stabilization agency or other agencies set by the Ordinance of the Ministry of Labor, and not dismiss his workers by an employment adjustment for 3 months before and 6 months after their employment; and
3.The business operators shall reemploy as the insured person any person who has quit for reasons prescribed by the Ordinance of the Ministry of Labor, with the age from 45 to less than 60 (excluding those who have been reemployed within the latest 2 years on the basis of time of reemployment and other workers prescribed by the Ordinance of the Ministry of Labor) after 3 months since the retirement from relevant business and two years thereafter, and not dismiss his workers by an employment adjustment for 3 months before and 6 months after their reemployment.
(2) In calculating the number of workers and the aged as referred to in paragraph (1) 1, persons falling under subparagraphs 2, 3, or 5 through 7 of Article 8 of the Act, shall be excluded from the number of the workers and the aged, respectively. <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000>
(3) The amount of aged employment promotion subsidy paid to a business operator meeting the conditions of paragraph (1) 1 shall be the amount calculated by multiplying the amount annually notified by the Minister of Labor, by the number of the employed aged persons in excess of the ratio determined by the Ordinance of the Ministry of Labor as stipulated in paragraph (1) 1: Provided, That the total payment per quarter of the year shall not exceed the amount calculated by multiplying the amount notified by the Minister of Labor, by the number equivalent to 15 percent (10 percent in the case of a large-scale enterprise) of the workers of the business concerned.
(4) The amount of aged employment promotion subsidy paid to a business operator who satisfies the conditions referred to in paragraph (1) 2 shall be the amount computed by multiplying the amount annually notified by the Minister of Labor in view of the rate of wage hike, the given conditions of labor markets, etc. by the number of employed workers, and shall be paid for 6 months: Provided, That where the number of newly employed aged persons exceeds 100 persons during the period of relevant insurance year, the subsidy shall be paid for 100 persons and 30 percent of the personnel exceeding that number. <Amended by Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) An amount of aged employment promotion subsidy paid to a business operator meeting the conditions of paragraph (1) 3 shall be an amount calculated by multiplying the amount annually notified by the Minister of Labor in view of the rate of wage hike, the given conditions of labor markets, etc. by the number of reemployed workers, and shall be paid for 6 months. In this case, where a business falling with the manufacturing business reemploys persons with ages ranging from 45 to less than 60, it may determine a higher level of support. <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000>
(7) Necessary details related to application for and payment of the aged employment promotion subsidy shall be determined by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 22-2 (Subsidies for Promotion of Employment of Long-Term Job Seekers)(1) The Minister of Labor shall pay subsidies for promoting the employment of long-term job seekers to any business operator who employs the persons falling under any of the following subparagraphs as the insured (excluding workers who work on short-term labor contracts and other workers prescribed by the Ordinance of the Ministry of Labor) through the arrangement of a vocational stabilization agency or other agencies as prescribed by the Ordinance of the Ministry of Labor, and not lay off his workers for 3 months before and 6 months after the employment by an employment adjustment: Provided,That where any worker is employed by the business operator who was the employer before his last separation (including other business operator who is related with the business of the above operator by merging with the above business operator or taking over the business of the above operator and is prescribed by the Ordinance of the Ministry of Labor), such subsidies shall not be paid: <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002>
1.Persons who have remained jobless for more than 6 months after applying for jobs at a vocational stabilization agency or other agencies prescribed by the Ordinance of the Ministry of Labor; and
2.Persons who are subject to the employment under Article 11 (2) of the Enforcement Decree of the National Basic Living Security Act and remain unemployed for not less than three months after applying for jobs at a vocational stabilization agency and other agencies prescribed by the Ordinance of the Ministry of Labor.
(2) The subsidies for the promotion of the long-term job seekers referred to in paragraph (1) shall be the amount computed by multiplying the amount annually notified by the Minister of Labor in view of the rate of wage hike, the given conditions of labor markets, etc. by the number of employed workers, and shall be paid for 6 months. <Amended by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
(3) The subsidies for the promotion of the employment of long-term job seekers shall be paid for the period set by the Minister of Labor after going through deliberation of the Employment Policy Council. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(4) Where the annual number of the newly employed workers under paragraph (1) exceeds 100 during the period of relevant insurance year, the subsidies for the promotion of the employment of long-term job seekers shall be paid for 100 workers and 30/100 of workers in excess. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
(5) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(6) Matters necessary to apply for and pay the subsidies for the promotion of the employment of long-term job seekers shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999]
Article 22-3 (Subsidies for Promotion of Employment of Middle-Aged Persons who Completed Job Training) (1) The Minister of Labor shall provide subsidies for the promotion of the employment of the middle-aged persons who completed job training to any business operator (limited to the business operator provided for in Article 15 (1) 2) who has newly employed jobless workers aged 40 or above and kept them employed as the insured (excluding any worker whose employment contract term is short and other workers prescribed by the Ordinance of the Ministry of Labor) for three months prior to their employment and six months after their employment without laying off them under any employment adjustment within 6 months from the date on which they complete the reemployment training (limited to the training courses of not less than three months) for the unemployed provided for in Article 31 in accordance with Article 18 of the Act and the training courses that are designated and published by the Minister of Labor: Provided, That such subsidies shall not be paid in the event that workers are reemployed by their former business operator (including any business operator who has merged with their former business operator or taken over the business of the former business operator and other business operator who is involved in the business of the former business operator and prescribed by the Ordinance of the Ministry of Labor) who keep them employed immediately prior to their layoffs.
(2) The subsidies for the promotion of the employment of middle-aged persons who completed job training shall be paid by the Minister of Labor for one year and the Minister of Labor shall calculate the amount of such subsidies by multiplying the number of workers employed under paragraph (1) by the amount that he publishes taking into account wage hike rates and labor market conditions, etc. each year. In this case, the amount that the Minister of Labor publishes may be set in differential manner according to the length of employment.
(3) Necessary matters concerning the application for and the payment of the subsidies for the promotion of the employment of middle-aged persons who completed job training, etc. shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002]
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