Article 23 (Subsidies for Promotion of Employment of Women) (1) The Minister of Labor shall, under the provisions of Article 18 of the Act, pay the subsidies for promotion of employment of women to any business operator falling under each of the following subparagraphs: Provided, That in the case of subparagraph 2, any business operator, who is related with other company for which the workers concerned have finally worked by merging with the company or taking over the business of the company and is prescribed by the Ordinance of the Ministry of Labor, shall be included and in the case of subparagraph 3, the business operator for whom the workers concerned have finally worked (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) shall be excluded: <Amended by 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; Presidential Decree No. 17853, Dec. 30, 2002>
1.Any business operator who grants any worker who is the insured a childcare-related temporary retirement for not less than 30 days in accordance with Article 19 of the Sexual Equality Employment Act (excluding any period overlapping the 90-day leave that is granted before and after childbirth in accordance with Article 72 of the Labor Standards Act) and keeps such worker employed as the insured for not less than 30 days after the end of the childcare-related temporary retirement;
2.The business operator who reemploys female workers as the insured (excluding those who have been reemployed within the latest 2 years on the basis of time of reemployment) who have quit on the grounds of pregnancy, delivery or childcare 6 months after their resignation and within 5 years thereafter, and does not dismiss such female workers for three months before and 6 months after their reemployment; and
3.The business operator who newly employs as the insured women who are female heads of households with their dependent families or other women under obligation to support their families and who are prescribed by the Ordinance of the Ministry of Labor, from among unemployed female workers who have applied for jobs at a vocational stabilization agency or other agencies as prescribed by the Ordinance of the Ministry of Labor, and does not dismiss by an employment adjustment such female workers for 3 months before and 6 months after their employment.
(2) The subsidies for promotion of employment of woman shall be the following amounts: <Amended by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
1.For woman employment promotion subsidy for those falling under paragraph (1) 1, an amount calculated by multiplying the amount annually notified by the Minister of Labor by the size of business taking into account bearing labor expenses by the business operator attendant upon granting childcare -related temporary retirement by the number of months for childcare-related temporary retirement (including the paid maternity leave after birth referred to in Article 72 of the Labor standards Act) used by a worker;
2.For the amount of woman employment promotion subsidy for those falling under paragraph (1) 2, 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 female workers. In this case, where a business falling under the manufacturing business reemploys women, it may determine a higher level of support; and
3.For the amount of woman employment promotion subsidy for those falling under paragraph (1) 2 and 3, 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 employed female workers.
(3) The woman employment promotion subsidy which falls under paragraph (1) 2 and 3 shall be paid within the limit of six months. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
(4) Deleted. <by Presidential Decree No. 17090, Dec. 30, 2000>
(5) The necessary matters on the application for and payment of woman employment promotion subsidy shall be determined by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 23-2 (Support for Retirement Mutual Aid Payments for Construction Workers) (1) Pursuant to Article 18-2 (1) of the Act, the Minister of Labor may support part of the mutual aid payments to be borne by the business operator who has concluded a retirement mutual aid contract for construction workers pursuant to Article 13 of the Act on Employment Improvement, etc., of Construction Workers: Provided, That the same shall not apply to a case where the mutual aid payment is reflected in the cost of any construction work in accordance with Article 87 (1) of the Framework Act on the Construction Industry. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(2) The amount of mutual aid payments to be supported, with reference to paragraph (1), shall be an amount equivalent to 1/3 of the mutual aid payments made by the business operator, starting with the date on which the construction worker becomes a beneficiary. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) Necessary details related to application for and method of support, etc., for the mutual aid payments as referred to in paragraphs (1) and (2), shall be determined by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 24 (Support of Employment Promotion Facilities) (1) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may provide support for part of the establishment or operation expenses of employment promotion facilities to the head of local government, the public organization or the non-profit corporation which is delegated or entrusted with the establishment or operation of such facilities under the provisions of Article 21 of the Framework Act on Employment Policy.
(2) Necessary details related to the support of employment promotion facilities under paragraph (1) shall be determined by the Minister of Labor.
(3) In accordance with the provisions of Article 19 of the Act, the Minister of Labor may give support to part of the operation expenses of nursery facilities which the business operator establishes or operates such facilities independently or jointly, as determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The Minister of Labor may support with loans or other financial support a business operator or a business operators' association which intends to install nursery facilities independently or jointly under the provisions of Article 19 of the Act as prescribed by the Minister of Labor. In this case, the amount of loans and the financial support for any operator of the business subject to the preferential financial support (including any business operators' organization whose number of business subject to the preferential financial support is in excess of 50/100), any business operator or any business operators' association that intends to install nursery facilities for disabled children or babies may be raised. <Newly Inserted by Presidential Decree No. 14935, Mar. 9, 1996; Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16464, Jul. 1, 1999; Presidential Decree No. 17853, Dec. 30, 2002>
Article 24-2 (Disposition of Specialized Manpower) (1) Pursuant to Article 20 of the Act, the Minister of Labor shall post to the vocational stabilization agency, and manage, vocational counselors who professionally support the collection and furnishing of employment information, vocational guidance, job placement and employment of the unemployed, etc. <Amended by Presidential Decree No. 15902, Oct. 1, 1998>
(2) Such matters as may be necessary for the qualifications of vocational counselors referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15902, Oct. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 25 Deleted. <by Presidential Decree No. 15367, May 8, 1997>
Article 26 (Restrictions on Support Payments, etc. due to Dishonest Acts) (1) The Minister of Labor shall not pay persons who receive or attempt to receive support payments or subsidy as provided in Articles 17, 18, 19-2, 20, 22, 22-2, 23, 23-2 and 24 in false and other unlawful ways, the remaining support payments or subsidy, or the support payments or subsidy which is desired to be paid, and shall order the refund of the support payments or subsidy which has been already paid. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16464, Jul. 1, 1999; 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>
(2) The support payments or subsidy shall not be paid to persons who received or attempted to receive support payments or subsidy as provided in Articles 17, 18, 19-2, 20, 22, 22-2, 23, 23-2 and 24 in false and other unlawful ways, for one year from the date on which they received or attempted to receive such support payments or subsidy, and the order for refund of the support payments or subsidy which was paid during the payment restriction period shall be made . <Amended by 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; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002>
(3) The Minister of Labor shall, in case where he orders the refund under the provisions of paragraph (1) or (2), or decides an additional collection of the amount not exceeding the amount equivalent to that obtained by falsity and other unlawful means pursuant to Article 20-2 (1) (proviso) of the Act, without delay notify the counterpart thereof. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(4) Any person in receipt of a notification under paragraph (3) shall pay the amount notified within 30 days from the date when he received the notification. In this case, the method of payment shall be in a lump sum in principle, but in case where the amount of payment is in excess of 10 million won and also in excess of one half of the estimated premium of relevant business, it may be paid in installments under the conditions as determined by the Minister of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
(5) In case where a person in receipt of the order of refund under paragraph (1) or (2) fails to discharge the payment obligation within the specified period, the support payments or subsidy shall not be paid during the period wherein he fails to discharge such obligation and for one year from the date of discharging the obligation. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 26-2 (Special Cases of Business Subject to Block Application)
For businesses which are subject to block application pursuant to Article 10-2 of the Act, every individual business shall be deemed to be one business, and Articles 17, 18, 19-2, 20, 22, 22-2, 22-3 , 23, and 23-2 shall be applied. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; 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>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 26-3 (Mutual Adjustment of Support Payments and Subsidy)(1) Any business operator who satisfies requirements for receiving the employment maintenance support payment under the provisions of Article 17, even when he takes measures satisfying requirements for receiving the payment of the reemployment promotion subsidy, the employment promotion subsidy for the aged, the employment promotion subsidy for the promotion of the employment of the long-term job seeker, the subsidy for the promotion of the employment of middle-aged persons who completed job training, and the subsidy for the promotion of the employment of women under the provisions of Articles 19-2, 22 (1) 2 and 3, 22-2, 22-3 and 23 (1) 2 and 3, shall be excluded from receiving the payment of those subsidies with the exception of the employment maintenance support payment. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
(2) Where a worker exists who satisfies requirements for receiving the payment of the reemployment promotion subsidy, the local employment promotion support payments, the employment promotion subsidy for the aged, the subsidy for the promotion of the employment of the long-term job seeker , the subsidy for the promotion of the employment of middle-aged persons who completed job training, or the subsidy for the promotion of the employment of women under the provisions of Articles 19-2, 20, 22 (1), 22-2, 22-3, 23 (1) 2 and 3, only one support payments or subsidy shall be paid to the worker upon a request from a business operator who employs him. <Amended by Presidential Decree No. 17090, Dec. 30, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Wholly Amended by Presidential Decree No. 16464, Jul. 1, 1999]
Chapter Ⅳ ACTIVITIES FOR VOCATIONAL ABILITY DEVELOPMENT
Article 27 (Support for Expenses of Vocational Ability Development Training for Business Operators) (1) The term “vocational ability development training prescribed by the Presidential Decree” in Article 22 of the Act means training courses that fall under each of the following subparagraphs and are approved or designated in accordance with Article 28 of the Vocational Training Promotion Act: <Amended by Presidential Decree No. 19705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
1. Vocational ability development training carried out for the insured;
2. Vocational ability development training carried out for those desired to be employed in the business or a business associated therewith;
3. Vocational ability development training carried out by any vocational stabilization agency intended for persons registered as job-seekers; and
4.Vocational ability development training carried out by granting workers employed in such business paid leaves that meet the requirements falling under each of the following subparagraphs (referring to the paid leaves that are different from the monthly paid leave and the annual paid leave under the Articles 57 and 59 of Labor Standards Act, and an amount exceeding regular wages is paid during the paid leave):
(a) Every business operator who employs not more than 150 full-time workers and have such full-time workers participate in the training of not less than 60 hours by granting them the paid leaves of consecutive 14 or more days; and
(b) Every business operator who employs not less than 150 full-time workers and have workers who have worked for his business for not less than one year participate in the training of not less than 120 hours by granting them the paid leaves of not less than 30 days.
(2) The support amount for the vocational ability development training referred to in paragraph (1) shall be an amount calculated by multiplying the ratio that the Minister of Labor publishes taking into account the business size by training expenses (limited to the expenses that fall under the standards published by the Minister of Labor) and in the case of paragraph (1) 2 and 3, such amount shall be added with training allowances that are set and published by the Minister of Labor and in the case of paragraph (1) 4, such amount shall be added with an amount equivalent to part of the wages paid during the period of paid leave (the specific support amount shall be set and published by the Minister of Labor). <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) In the event that business operators have their workers engaged in the production labor or in the labor similar thereto who are published by the Minister of Labor participate in a training by granting them paid leaves with the aim of improving their skills and techniques, the Minister of Labor may prescribes otherwise the period of their paid leaves, their training period and the amount of support for them, notwithstanding the provisions of paragraphs (1) 4 and (2). <Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002>
(4) The necessary matters on the scope of support, the upper limit of support and the procedure for application for support, and others for the training expenses for vocational ability development and training allowances shall be determined by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 28 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 29 Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
Article 30 (Limits to Support for Expenses) (1) The annual total amount of vocational ability development training expenses that every business operator is entitled to be paid in accordance with Article 23-2 of the Act shall be an amount equivalent to 120/100 (270/100 in the case of the business subject to preferential support) of the estimated insurance premium for the vocational ability development program that the business operator is liable to pay in the relevant year: Provided, That the limit of the annual total amount of the expenses that is to be paid to any business operator who falls under each subparagraph of Article 16 (2) may be 160/100 (360/100 in the case of the business subject to preferential support) of the estimated insurance premium for the vocational ability development program that the business operator is liable to pay in the relevant year. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(2) In the event that any business operator conducts the standard training that is recognized by the Minister of Labor in accordance with Article 28 of the Vocational Training Promotion Act under the conditions as prescribed by the Ordinance of the Ministry of Labor or conducts any training whose courses are recognized or designated in accordance with Article 28 of the Vocational Training Promotion Act for workers engaged in the business other than his business, the business operator may be paid up to 100/100 of the estimated insurance premium for the vocational ability development program he is liable to pay in the relevant year in addition to the amount of support payment referred to in paragraph (1). <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) Where the amount of the support payment falls short of the minimum amount of the expenses support limit set by the Minister of Labor in the light of the business size and type, etc. the minimum amount of the expenses support limit set by the Minister of Labor shall be the amount of the support payment notwithstanding the provisions of paragraphs (1) and (2). <Newly Inserted by Presidential Decree No. 16464, Jul. 1, 1999>
Article 30-2 (Financial Support for Workers Taking Lectures) (1) In the event that any person falling under each of the following subparagraphs participates in the vocational ability development training (hereinafter referred to as the “vocational ability development training”) that is provided for in Article 2 of the Vocational Training Promotion Act at his own expense with the aim of listening to lectures given in such training, the Minister of Labor may financially support such expense, in whole or in part, under the conditions as prescribed by the Ordinance of the Ministry of Labor: Provided, That the insured participates in the basic courses on the informatization at his own expense that are prescribed and published by the Minister of Labor, the Minister of Labor may financially support such expense, in whole or in part, even if he does not fall under subparagraphs 1 through 3: <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. The insured who is scheduled to leave his job, and who has left his job within a month during or after the training: Provided, That the cases falling under the cause for restriction on qualifications for benefit payment under Article 45 of the Act shall be excluded;
2. The insured of not less than fifty years of age; and
3. The insured who is employed by the business whose number of fulltime workers is not more than 50.
(2) Necessary matters concerning the scope of and procedures for the training courses subject to the financial support of expenses referred to in paragraph (1) shall be prescribed by the Ordinance of the Ministry of Labor. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(3) and (4) Deleted. <by Presidential Decree No. 17853, Dec. 30, 2002>
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 30-3 (Support for Examination Fees, etc.)
The Minister of Labor may, in case where an insured person has obtained the national technical qualifications prescribed by the Ordinance of the Ministry of Labor at his own expenses under Article 24 (1) of the Act, financially support the relevant expenses in whole or in part, under the conditions as prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000]
Article 30-4 (Loans for Ability Development Expenses) (1) In the event that any worker who is the insured is admitted to or is studying in the school or the institution falling under each of the following subparagraphs at his own expense in accordance with Article 24 (1) of the Act, the Minister of Labor may loan him school or tuition fees, in whole or in part, within limits of budget:
1. The polytechnic colleges established pursuant to the Polytechnic College Act;
2. The cyber university-type lifelong educational institutions that confer the same degree or recognize the same scholastic ability as that of the junior college or the university in accordance with Article 22 (3) of the Lifelong Education Act; and
3. The schools provided for in Article 2 of the Higher Education Act.
(2) In the event that any worker who is the insured listens to lectures given in the vocational ability development training, the Minister of Labor may loan him the tuition fee, in whole or in part, within limits of budget: Provided, That the same shall not apply to a case where the worker listens to lectures falling under each of the following subparagraphs:
1. Lectures given in any information-exchange activities including any seminar, or symposium and general cultural course such as current issues, or common sense, etc.;
2. Courses held for hobby activities, amusement and sports, etc.; and
3.Other course that is identified as inappropriate for the vocational ability development training course by the Minister of Labor.
(3) The scope of workers who are entitled to be loaned for tuition fees for the foreign language course from among vocational ability development trainings referred to in paragraph (2) shall be prescribed by the Minister of Labor.
(4) The Minister of Labor shall prescribe loan terms, including the interest rates of loans and the term of loans, etc. referred to in paragraphs (1) through (3) after consulting with the Minister of Finance and Economy.
(5) Necessary matters concerning the selection of workers entitled to loans referred to in paragraphs (1) through (3), procedures for and frequency of such loans shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002]
Article 31 (Re-employment Training for Unemployed Person) (1) The Minister of Labor may, under Article 24 (2) of the Act, carry out reemployment training for unemployed job seekers who are formerly insured and deemed necessary to undergo vocational ability development training. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(2) The expenses required for reemployment training referred to in paragraph (1) may be paid to those who undergo training or any institution carrying out the training concerned. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
(3) In the case that the Minister of Labor executes vocational ability development training for reemployment of the unemployed under Article 24 (2) of the Act, if the same unemployed does not have the qualifications for the job-seeking benefit as stipulated in Article 33-2 (1) of the Act, the Minister of Labor may pay the training allowance. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
(4) The Minister of Labor may loan the whole or part of relevant training expenses to the jobless persons, who were formerly the insured, undergoing the reemployment training for jobless persons under paragraph (1). <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
(5) The selection of those subject to the loan, the procedure for loan, the frequency of loan under paragraph (4) and other matters necessary for loan shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
(6) The institute to execute the reemployment training for jobless persons under paragraph (1), and other matters necessary for the execution of the reemployment training for jobless persons shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 32 (Loan of Expenses for Vocational Ability Development Training Facilities, etc.)(1) The Minister of Labor may extend loans within limits of budget that are used to cover the cost of installing and purchasing facilities and equipment necessary for the vocational ability development training to any business operator, any business operators' association, any workers' association , any vocational ability development training corporation that is established after obtaining permission therefor from the Minister of Labor in accordance with Article 22 of the Vocational Training Promotion Act, and any person who installs and operates vocational ability development training facilities in accordance with Article 3 (1 ) 3 or 4 of the Enforcement Decree of the Vocational Training Promotion Act, all of which are presently conducting or intend to conduct the vocational ability development training in accordance with Article 25 of the Act. <Amended by Presidential Decree No. 17853, Dec. 30, 2002>
(2) Deleted. <by Presidential Decree No. 15829, Jul. 1, 1998>
(3) The loan conditions such as the interest rate and terms of the loan, as stipulated in paragraph (1), shall be determined by agreement between the Minister of Labor and the Minister of Finance and Economy. In this case, the rate of the loan may be decided differently for the business operator of the preferentially supported enterprise and the association of business operators of such enterprises. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998>
(4) Necessary details related to the loan ceiling and procedures, etc., of the expenses referred to in paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
Article 33 (Support for Vocational Ability Development Training Facilities) (1) Where the business operator, the association of business operators or its federation and the Korea manpower Agency under the Korea Manpower Agency Act install the vocational ability development facilities independently or jointly pursuant to Article 25 of the Act, the Minister of Labor may support part of the installation expenses and those for purchase of equipment. In this case, the business operator or the association of business operators belonging to the preferentially supported enterprise may be treated preferentially. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) Matters necessary for the limit of support for the expenses under paragraph (1) and procedures therefor, etc. shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
[This Article Wholly Amended by Presidential Decree No. 15829, Jul. 1, 1998]
Article 34 (Promotion of Vocational Ability Development) (1) The Minister of Labor may provide a person who executes or desires to execute the activities falling under any of the following subparagraphs, pursuant to Article 26 (1) 3 of the Act, with the expenses required for their execution: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
1. Research and study related to activities for the development of vocational ability;
2. Educational and public relations activities for the development of vocational ability;
3. Development, publication and distribution of textbooks for the devel opment of vocational ability;
3-2. Qualifying examination activities carried out by business operators to improve the workers' skills and techniques;
3-3. Activities of examination agencies for national technical qualifications pursuant to the National Technical Qualifications Act for the expediency of the insured in obtaining the qualifications;
3-4. The vocational ability development program that any business operator or any business operators' association conducts in concert with any medium-and small-sized enterprise for the workers, etc. of such medium-and small-sized enterprise;
3-5. The education and training program that is conducted for the purpose of training and improving the abilities of teachers engaged in the vocational ability development training in accordance with Articles 11 and 11-2 of the Vocational Training Promotion Act;
3-6. The special training program that is conducted in accordance with Article 18 of the Vocational Training Promotion Act;
3-7. The education and training program that is conducted for the purpose of training technicians having multi-skills in accordance with Article 5 of the Polytechnic College Act; and
4. Other activities for the promotion of the vocational ability development.
(2) Qualifying examination activities referred to in paragraph (1) 3-2 shall meet the following requirements: <Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000>
1. They shall be qualifying examination activities carried out by any business operators independently or jointly for workers of the business or its associated business;
2. Items of qualifying examination shall be directly related to knowledge and functions required for the relevant business;
3. They shall have established and implemented regulations which give preferential treatment to workers who have obtained the qualifications concerned in promotion, a rise in pay, remuneration, etc.;
4. They shall not charge workers who want to obtain the qualifications concerned all the expenses such as qualifying commissions in connection qualifying examination activities;
5. Qualification examinations shall not aim at profit-making; and
6. They shall meet other requirements as prescribed by the Ordinance of the Ministry of Labor.
(3) Necessary details related to application for support, method of support, etc., of the expenses referred to in paragraph (1) shall be determined by the Minister of Labor.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 34-2 (Entrustment of Vocational Ability Development Training Program) (1) The Minister of Labor shall, when he intends to conduct the vocational ability development program in accordance with Article 26 (2) of the Act, draw up a plan for entrusting such vocational ability development program each year.
(2) The vocational ability development program referred to in paragraph (1) shall be focused on the types of occupation for which individual business operator is difficult to conduct such program, the types of occupation whose manpower are short in supply and the types of occupation that hold the key to bolstering the national competitiveness (hereinafter referred to as the “preferentially-selected types of occupation”).
(3) The training for the preferentially-selected types of occupation referred to in paragraph (2) may be entrusted to any vocational ability development training establishment or any vocational ability development training corporation under Articles 2 and 22 of the Vocational Training Promotion Act.
(4) Necessary matters concerning the conduct of the training for the preferentially-selected types of occupation, including the subject of the training for the preferentially-selected types of occupation, training procedures, training expenses and financial support for training allowances shall be prescribed by the Ordinance of the Ministry of Labor.
[This Article Wholly Amended by Presidential Decree No. 17853, Dec. 30, 2002]
Article 35 Deleted. <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
Article 35-2 (Support for Development of Vocational Ability of Construction Workers) (1) Under the provisions of Article 26-2 of the Act, the Minister of Labor may support part of the expenses where a business operator or business operators' association of the construction industry conducts vocational ability development training for the development or improvement of vocational ability of construction workers who are not employed in a specified workplace and who are determined and publicly notified by the Minister of Labor; and he may support the expenses required therefor in the case that the same business operator or business operators' association pays a training allowance to the construction workers during the training period. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17090, Dec. 30, 2000>
(2) The provisions of Article 27 (2)and (3) shall apply mutatis mutandis to the support for the expenses of vocational ability development training referred to in paragraph (1). <Amended by Presidential Decree No. 15829, Jul. 1, 1998>
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 36 (Execution of Business by Proxy) (1) The Minister of Labor may have the Korea Manpower Agency established under the Korea Manpower Agency Act and the Korea Research Institute for Vocational Education and Training under the Act on the Establishment, Operation and Fosterage of Government-Invested Research Institutions, etc., exercise by proxy each of the activities provided for in Article 27 of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15587, Dec. 31, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17853, Dec. 30, 2002>
(2) The Minister of Labor shall, if he has the above referenced agency and institute carry out by proxy each of the activities under paragraph (1), financially support expenses needed to carry out by proxy each of the activities from the Employment Insurance Fund . <Newly Inserted by Presidential Decree No. 17853, Dec. 30, 2002>
Article 37 (Restriction of Support Payments, etc., due to Dishonest Acts)
The provisions of Article 26 shall apply mutatis mutandis to the order for payment suspension or refund of the expenses for vocational ability development training paid pursuant to Articles 27, 30-2, 30-3, 30-4, 31 through 34, 34-2 and 35-2 . In this case, the term “support payments or subsidy” shall be deemed as “expenses for vocational ability development training”. <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 17301, Jul. 7, 2001; Presidential Decree No. 17853, Dec. 30, 2002>
CHAPTER Ⅴ UNEMPLOYMENT BENEFITS
Article 38 (Determination and Notification of Unemployment Benefits Payment)
When the head of the vocational stabilization agency determines whether or not to pay unemployment benefits, he shall notify this fact to the applicant: Provided, That in the case that he decides to pay the unemployment benefits, he may substitute for notification by recording or transferring the fact on the employment insurance recipient qualification certificate, under the provisions of Article 43. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 39 (Drawing Up Original Register of Benefits) (1) The head of the vocational stabilization agency, when he pays the unemployment benefits, shall draw up an original register of benefits for each qualified recipient who receives the unemployment benefits.
(2) Where there is a request by a person who is related to the insurance, the head of the vocational stabilization agency shall have the person inspect the original register of benefits and issue a certificate if it is deemed necessary.
Article 40 (Causes for Extension of Standard Period)
The “causes provided for by the Presidential Decree” under Article 31 (2) of the Act shall be the following causes: Provided, That they shall exclude the case where he receives money as determined by the Minister of Labor pursuant to the proviso of subparagraph 4 of Article 2 of the Act: <Amended by Presidential Decree No. 15587, Dec. 31, 1997>
1. Shutdown of business;
2. Temporary retirement due to pregnancy, delivery or child care; and
3. Temporary retirement from office or other similar situations as determined and notified by the Minister of Labor.
Article 41 (Exclusion of Daily Working Period)
The period worked as a daily worker, as specified in Article 30 of the Act, shall be excluded from the insured period when calculating the insured unit period under the provision of Article 32 (1) of the Act and the fixed payment days under the provision of Article 41 (1) of the Act.
Article 42 (Application for Job-seeking and Application for Recognition of Recipient Qualification) (1) Any person who desires to report unemployment pursuant to Article 33 of the Act shall make an application for job-seeking as referred to in Article 9 of the Employment Security Act, and submit a written application for recognition of recipient qualification to the head of the vocational stabilization agency who has jurisdiction over his residence (hereinafter referred to as the “head of the vocational stabilization agency having jurisdiction over the residence”). In this case, it shall be accompanied by a payment period extension notice as referred to in Article 51, if delivered.
(2) In the case where any person who desires to report unemployment pursuant to paragraph (1) has a confirmation document on separation delivered by the business operator pursuant to Article 10 (6), he shall submit it to the head of the vocational stabilization agency having jurisdiction over the residence: Provided, That this shall not apply in case where it is impossible to deliver a confirmation document on separation due to obscurity of the whereabouts of the business operator who has employed the separated person or other inevitable reasons.
(3) As stipulated in Article 34 (3) of the Act, the head of the vocational stabilization agency who receives the report on unemployment pursuant to paragraph (1) shall designate a date on which the reporter must go to the vocational stabilization agency and obtain the recognition of unemployment (hereinafter referred to as the “recognition date of unemployment”), and shall notify it to the reporter.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 43 (Recognition of Recipient Qualification) (1) In the case where the head of the vocational stabilization agency receives a written application for recognition of recipient qualification as provided in Article 42, he shall deliver an employment insurance recipient qualification certificate (hereinafter referred to as the “recipient qualification certificate”) to the applicant on the date when unemployment is first recognized, in the case that the applicant is recognized as having the recipient qualification for job-seeking benefit referred to in Article 33-2 (1) of the Act. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(2) In the case where the person who has submitted a written application for recognition of recipient qualification has no recipient qualification for job-seeking benefit as referred to in Article 33-2 (1) of the Act, the head of the vocational stabilization agency shall notify the fact to the applicant concerned. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 16705, Feb. 9, 2000>
(3) In case the recipient qualification certificate mentioned in paragraph (1) becomes unusable or is lost, the recipient shall apply to the head of his local vocational stabilization agency for re-delivery. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) In the case that the qualified recipient changes or corrects his name or resident registration number or address or dwelling place, he shall report this fact to the head of his local vocational stabilization agency. In this case the head of the vocational stabilization agency shall amend the related details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(5) The person who has a recipient qualification delivered pursuant to paragraph (1) may request the head of the vocational stabilization agency who recognized the recipient qualification to deliver the document of particulars that formed the basis for recognition of the recipient qualification.
<Newly Inserted by Presidential Decree No. 15367, May 8, 1997>
Article 44 (Recognition of Unemployment) (1) In case the qualified recipient desires to receive recognition of unemployment under Article 34 (3) of the Act, he shall present himself at the responsible vocational stabilization agency in his local area on the recognition date of unemployment and record on the application form for recognition of unemployment, the contents of his past 14 days of jobseeking activities, and submit it together with his recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) In the case that the head of the vocational stabilization agency recognizes unemployment as provided in paragraph (1), he shall record the fact on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The criteria for recognition of job-seeking activities under paragraph (1) shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 44-2 (Special Causes for Recognition of Unemployment)
The term “causes as determined by the Presidential Decree” listed in Article 34 (3) 2 of the Act means any of the following cases:
1. Where a natural disaster occurs;
2. Where the rate calculated by dividing the number of persons who have applied for recognition of recipient qualification for job-seeking benefit (hereinafter referred to as “rate of application for recipient qualification”) exceeds 1/100 for two straight months; and
3.Where a decision on the payment of special extended benefit referred to in Article 42-3 of the Act is made.
[This Article Newly Inserted by Presidential Decree No. 15829, Jul. 1, 1998]
Article 45 (Special Cases in Recognition of Unemployment)
In reference to Article 34 (3) 3 of the Act, the “qualified recipient determined by the Presidential Decree” shall be the person who fits one of the following categories: <Amended by Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16705, Feb. 9, 2000; Presidential Decree No. 17090, Dec. 30, 2000>
1.The person who can not be present at the vocational stabilization agency on the unemployment recognition date due to employment or interview with the job offerer or other unavoidable reasons and who applied for the change of the unemployment recognition date at the responsible local vocational stabilization agency by one day prior to the unemployment recognition date;
2.The person who can not be present by the unemployment recognition date or the day before the unemployment recognition date due to employment or interview with the job offerer or other unavoidable reasons, and who applies for the change of the unemployment recognition date at the responsible local vocational stabilization agency without delay after the reason has ended (restricted to the case of being present on the day before the next unemployment recognition date);
3.The person in whose case it is deemed proper by the head of the vocational stabilization agency to change the unemployment recognition date due to expiration of the payment period under Article 39 of the Act, the holiday of public offices on account of the Regulations on Holidays of Public Offices or other unavoidable reasons;
4.The person who has any disposition on unemployment benefits taken to him canceled or altered in an examination, reexamination or lawsuit or by virtue of authority of the head of vocational stabilization agency referred to in Article 74 (1) of the Act;
5. The person who is fixed to start work within 30 days from the relevant unemployment recognition date;
6. The person who resides in the island area determined and publicly notified by the Minister of Labor has applied special cases in recognition of unemployment; and
7.The person who is the aged not less than 60 years or the disabled under subparagraph 1 of Article 2 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act, and who has applied for special cases in recognition of unemployment.
Article 46 (Recognition of Unemployment by Certificate) (1) In the case that the qualified recipient desires to receive recognition of unemployment under Article 34 (4) 1, 2 or 4 of the Act, he may present himself at the responsible local vocational stabilization agency on the unemployment recognition date and present the application form for unemployment recognition annexing the recipient qualification certificate and a certificate stating the reasons for not having presented himself previously. <Amended by Presidential Decree No. 15367, May 8, 1997>
(2) The necessary particulars to be stated in the certificate, details related to the issuer, etc., as referred to in paragraph (1), shall be determined by the Ordinance of the Ministry of Labor.
(3) In the case that the qualified recipient desires to receive recognition of unemployment, as stipulated by Article 34 (4) 3 of the Act, he shall present, directly or through an agent, the application form for unemployment recognition, together with his recipient qualification certificate and other certificates issued by job-training or other institutions, to the head of the local vocational stabilization agency. <Amended by Presidential Decree No. 15367, May 8, 1997>
Article 47 Deleted. <by Presidential Decree No. 14935, Mar. 9, 1996>
Article 47-2 (Calculation of Basic Daily Wage for Benefit)
Pursuant to the proviso of Article 35 (1) of the Act, in the case that the period for calculation of average wages in the last business related to the recipient qualification is less than 2 months, the basic daily wage for benefit shall be calculated by adding together the average wage received in that business and the average wage received in the business where the recipient was employed immediately prior to that business, and multiplying the total by one half.
[This Article Newly Inserted by Presidential Decree No. 15367, May 8, 1997]
Article 48 (Ceiling on Amount of Basic Daily Wage for Benefit) (1) In accordance with Article 35 (5) of the Act, in the case that the basic daily wage, which is the basis for the calculation of the job-seeking benefit , exceeds 70 thousand won, the basic daily wage shall be 70 thousand won. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15902, Oct. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 17090, Dec. 30, 2000>
(2) The Minister of Labor shall, in case where deemed that the adjustment is required in view of the price increase rate, economic fluctuation, and rate of wage hike, etc. after the application of the amount stipulated in paragraph (1), consider the change of relevant amount. <Amended by Presidential Decree No. 17090, Dec. 30, 2000>
Article 49 (Offer of Labor and Report of Income, etc.) (1) The qualified recipient, in case where he has offered labor or earned income from labor which is subject to report under Article 37 (1) of the Act, shall record the fact of labor offering or the amount of that income on the application form for unemployment recognition which is to be presented on the first unemployment recognition date after the offer of labor or a receipt of the income. <Amended by Presidential Decree No. 16705, Feb. 9, 2000>
(2) The criteria for judgments on whether an offer of labor under paragraph (1) corresponds to an employment, or on whether the income from labor is the income subject to reduction of job-seeking benefits under Article 38 of the Act, shall be determined by the Ordinance of the Ministry of Labor. <Newly Inserted by Presidential Decree No. 17090, Dec. 30, 2000>
Article 49-2 Deleted. <by Presidential Decree No. 16705, Feb. 9, 2000>
Article 50 (Reasons for Extension of Payment Period)
The “conditions determined by the Presidential Decree” stipulated in Article 39 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16464, Jul. 1, 1999>
1.Injury or disease of the recipient (excluding injury or disease where injury and disease benefit is being paid pursuant to Article 49 of the Act);
2. Injury or disease of the spouse;
3. Injury or disease of lineal ascendants or descendants of the recipient or of the recipient's spouse;
4. Obligation to serve in the military under the Military Service Act;
5.The detention or the execution of a sentence on suspicion of a crime (excluding persons who are disqualified from the recipients under Article 45 (1) of the Act); and
6.Reasons prescribed by the Ordinance of the Ministry of Labor, which correspond to the reasons in subparagraphs 1 through 5.
[This Article Wholly Amended by Presidential Decree No. 15367, May 8, 1997]
Article 51 (Report for Extension of Payment Period) (1) According to Article 39 (2) of the Act, the person who desires to report the fact that he was not able to find employment for thirty days or longer continuously, shall present to the vocational stabilization agency having jurisdiction over his residence, directly or through an agent, the payment period extension report annexing the recipient qualification certificate (limited to the case where there is a recipient qualification certificate) within the payment period: Provided, That where a natural disaster occurs, the person is in the course of the obligatory military service under the Military Service Act, or there are unavoidable causes, it shall be presented within thirty days. <Amended by Presidential Decree No. 15367, May 8, 1997; Presidential Decree No. 15829, Jul. 1, 1998; Presidential Decree No. 16095, Feb. 1, 1999; Presidential Decree No. 16705, Feb. 9, 2000>
(2) The head of the vocational stabilization agency, in case the report provided by paragraph (1) is deemed to apply to the causes for extension of the payment period, shall deliver the payment period extension notice to the person who reported, record the necessary details on the recipient qualification certificate and return it. <Amended by Presidential Decree No. 15367, May 8, 1997>
(3) The person who receives the payment period extension notice referred to in paragraph (2), in case the reasons for the extension of the payment period have ended, or among the stated contents there are changes in matters which are determined by the Ordinance of the Ministry of Labor, shall report this fact to the head of the vocational stabilization agency having jurisdiction over the residence without delay, presenting the payment period extension notice and recipient qualification certificate. <Amended by Presidential Decree No. 15367, May 8, 1997>
(4) The head of the vocational stabilization agency shall, when he receives the report mentioned in paragraph (3), record the related matters on the payment period extension notice and the recipient qualification certificate and return them. <Amended by Presidential Decree No. 15367, May 8, 1997>
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