国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 10~Article17

Article 10 (Reporting Change of Name and Other Details of Insured Workers) (1) A business owner shall, when an insured worker has his/her name or resident registration number changed or corrected, file a report thereon with the Minister of Employment and Labor within 14 days of the date of such change or correction.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23513, Jan. 13, 2012>

(2) Where the recipient prescribed in the latter part of Article 113-2 (1) of the Act has his/her status changed from the recipient who is a person eligible for assistance under Article 5 (1) of the National Basic Living Security Act (hereafter referred to as "recipient who is a person eligible for assistance" in this Article) to the other type of recipient, or from the other type of recipient to the recipient eligible for assistance, the guarantee institutions or the entrusting institutions referred to in the latter part of Article 113-2 (1) of the Act shall report such change to the Minister of Employment and Labor within 14 days of the date of such change.  <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012>

Article 11 (Request for and Notice of Confirmation) (1) If he/she intends to confirm the acquisition or loss of his/her insured status pursuant to Article 17 (1) of the Act, any current or former insured worker shall request such confirmation from the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) The Minister of Employment and Labor shall, pursuant to Article 17 (3) of the Act, give notice of the results of such confirmation of the acquisition or loss of insured status to the person who has requested such confirmation and to the business owner or subcontractor who currently employs, or previously employed, the requesting person.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Chapter III EMPLOYMENT STABILITY AND VOCATIONAL SKILLS DEVELOPMENT PROGRAMS

Article 12 (Scope of Enterprises Eligible for Preferential Support) (1) "Enterprises that meet the standards prescribed by Presidential Decree" in Article 19 (2) of the Act means any enterprise whose number of full-time employees meets the standard listed in attached Table 1 provided separately for each industry (hereinafter referred to as "enterprise eligible for preferential support"):   <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 24155, Oct. 29, 2012>

1. through 5. Deleted.  <by Presidential Decree No. 24155, Oct. 29, 2012>

(2) Notwithstanding paragraph (1), an enterprise that does not fall under paragraph (1) but meets the standards referred to in Article 2 (1) or (3) of the Framework Act on Small and Medium Enterprises shall be deemed an enterprise eligible for preferential support.  <Amended by Presidential Decree No. 24155, Oct. 29, 2012>

(3) Where an enterprise eligible for preferential support prescribed in paragraph (1) loses its eligibility for preferential support due to expansion in its size or other grounds, the enterprise shall be construed as an enterprise eligible for preferential support for five years from the year immediately following the year in which such cause arises.  <Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010; Amended by Presidential Decree No. 24333, Jan. 25, 2013>

(4) Notwithstanding paragraphs (1) through (3), a company to whom a notice that it belongs to a conglomerate with total assets of at least five trillion won among the conglomerates designated as those subject to the restrictions on mutual investments pursuant to Article 14 (1) of the Monopoly Regulation and Fair Trade Act has been issued shall not be construed as an enterprise eligible for preferential support for the insurance year immediately following the insurance year during which the notice was issued, and thereafter.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(5) The criteria for determining whether an enterprise is eligible for preferential support pursuant to paragraph (1) shall be as follows:   <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24155, Oct. 29, 2012>

1.The number of full-time workers shall be the number calculated by dividing the aggregate number of employees working for all the projects carried out by a business owner as of the end of each month of the preceding year (if a construction business is involved , the number of its daily workers shall be subtracted therefrom) by the number of months in operation in the preceding year, and the number of full-time workers for projects concerning management of collective housing prescribed in the Housing Act shall be the number of employees calculated separately for each project. In such cases, when calculating the number of full-time workers, any part-time worker whose contractual monthly working hours are at least 60 hours shall be counted as 0.5,

2.Where a business owner runs business in at least two different industries, the classification shall be made based on the industry in which he/she has the greater number of full-time workers, while the classification shall be made based on the total amount of wages or the amount of sales in the aforementioned order where the number of full-time employees for each industry is the same.

(6) Notwithstanding paragraph (5), it shall be determined as of the date of formation of an insurance contract as to whether a business owner for whom the insurance relations are established during an insurance year is qualified as an enterprise eligible for preferential support.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

Article 13 Deleted.  <by Presidential Decree No. 23139, Sep. 15, 2011>

Article 14 Deleted.  <by Presidential Decree No. 22603, Dec. 31, 2010>

Article 15 Deleted.  <by Presidential Decree No. 22603, Dec. 31, 2010>

Article 16 Deleted.  <by Presidential Decree No. 22603, Dec. 31, 2010>

Article 17 (Subsidies for Job Creation) (1) The Minister of Employment and Labor may partially subsidize wages for any of the following business owners pursuant to Article 20 of the Act: Provided, That, in the case of subparagraph 1, he/she may reimburse employees whose working hours have been reduced for a portion of his/her lost wages and some of expenses required for installing facilities, and in the case of subparagraph 2, some of expenses for installing facilities:   <Amended by Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26496, Aug. 19, 2015; Presidential Decree No. 26690, Dec. 4, 2015>

1.Where the number of employees increases due to recruitment of unemployed persons by reducing working hours, restructuring work shifts, and providing periodic educational training or sabbatical leave, etc. (hereinafter referred to as "job sharing");

2. Where there is an increase in the number of employees due to the improvement of employment conditions by installing and operating the facilities determined by the Minister of Employment and Labor and recruiting unemployed persons;

3.In cases of newly hiring unemployed persons on an hourly basis without fixing the term of a labor contract by dividing duties, restructuring a labor system or developing part-time duties, etc.;

4.Where an enterprise falling under the types of business with good prospects for growth, the types of business in which imbalance between labor supply and demand exists, or the types of business that require employment subsidies including enterprises that have moved operations back to the Republic of Korea and region-specific industries, following deliberations and decisions by the Committee, hires the unemployed;

5. Where an enterprise eligible for preferential support falling under the types of business deliberated and resolved by the Committee hires those with professional qualifications prescribed by the Minister of Employment and Labor (hereinafter referred to as "professional human resources") or uses those dispatched from enterprises other than enterprises eligible for preferential support;

6.Where a business owner hires an unemployed youth between 15 and 34 years of age through an introduction of wage peak system under Article 28, a wage reduction system under Article 28-2, an introduction of working hours reduction system under Article 28-3 , or any other changes, etc. in its wage system.  <<  Period of Validity: refer to Article 2 of the Addenda to this Decree >>

(2) In cases of providing subsidies pursuant to paragraph (1), the Minister of Employment and Labor shall determine necessary matters, such as conditions of assistance, scope of eligible business owners, level of assistance, period of assistance, method of application for and payment of subsidies, and other matters necessary for assistance.

[This Article Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010]