国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 21

Article 21 (Amount of Subsidies for Employee Retention, etc) (1) The amount of subsidies for employee retention shall be each of the following amounts: Provided, That in the case of subparagraph 1 where the Minister of Employment and Labor deems it necessary for employment stability due to worsening unemployment, such as a rapid increase in the unemployment rate, the amount shall be equivalent to 3/4 [2/3 for an enterprise other than those eligible for preferential support (hereinafter referred to as “large enterprise”) ] of the money and valuables provided by the business owner to compensate for the lost wage of the insured workers (only for a period prescribed and publicly announced by the Minister of Employment and Labor within the limit of one year):  <Amended by Presidential Decree No. 25955, Dec. 31, 2014>

1.In cases falling under Article 19 (1) 1 and 3:

(a) Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of operations, layoff, etc. are less than 50/100 of working hours per calendar month: An amount equivalent to 2/3 (1/2 for a large enterprise) of the money and valuables provided by the business owner to compensate for the lost wages of the insured workers whose working hours are reduced or who are laid off;

(b) Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of operations, layoff, etc. are at least 50/100 of working hours per calendar month: An amount equivalent to 2/3 of the money and valuables provided by the business owner to compensate for the lost wages of the insured workers whose working hours are reduced or who are laid off ;

2.In cases falling under Article 19 (1) 2: The sum of an amount equivalent to 3/4 (2/3 for a large enterprise in which the working hours reduced due to training are less than 50/100 of working hours per calendar month) of the money and valuables provided by the business owner to the insured workers subject to training during the training period and an amount calculated by multiplying training expenses that meet the standards publicly announced by the Minister of Employment and Labor by the ratio publicly announced by the Minister of Employment and Labor.

(2) Subsidies for retaining employees prescribed in paragraph (1) shall be granted for each measure taken to retain employees only until the number of days during which such measure is taken (the day on which two or more measures are taken simultaneously for retaining employees shall be counted as one day) reaches 180 days during the term of the pertinent insurance year: Provided, That where job conditions worsen, such as soaring unemployment, the Minister of Employment and Labor may, where deemed necessary to ensure employment stability,grant additional subsidies for employee retention to a person who has already received such subsidies for up to 180 days and takes further measures for retaining employees referred to in Article 19 (1) 2 for a period prescribed and publicly announced by the Minister of Employment and Labor within the limit of one year, until the number of days during which the measures for retaining employees are taken reaches 90 days.  <Amended by Presidential Decree No. 25022, Dec. 24, 2013>

(3) and (4) Deleted.  <by Presidential Decree No. 25022, Dec. 24, 2013>

(5) Subsidies for employee retention granted pursuant to paragraph (1) shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per worker subject to each measure for retaining employees taken.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 21-2 (Reduced Level of Wages in Cases of Temporary Closure of Business, etc.)

"Level prescribed by Presidential Decree" in the latter part of Article 21 (1) of the Act means the amount less than 50/100 of the average wage (including cases where no wage is paid).

[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]

Article 21-3 (Requirements, etc. for Granting Subsidies to Insured Workers in Cases of Temporary Closure of Business, etc.) (1) When a business owner temporarily closes business or grants leave (hereinafter referred to as "temporary closure of business, etc.") instead of making an employment adjustment in spite of unavoidable cause for making such adjustment prescribed by Ordinance of the Ministry of Employment and Labor pursuant to the latter part of Article 21 (1), if such temporary closure of business, etc. falls under any of the following, the Minister of Employment and Labor may grant subsidies to the relevant insured worker:

1.Where a business owner closes business for at least 30 days for the number of the insured workers under classification made in each of the following circumstances and does not pay leave allowances after obtaining approval of the Labor Relations Commission pursuant to Article 46 (2) of the Labor Standards Act, or pays leave allowances equivalent to the amount less than 50/100 of the average wage:

(a) Where the total number of the insured workers is not more than 19: at least 50/100 of the total number of the insured workers;

(b) Where the total number of the insured workers is at least 20 and not more than 99: at least 10 insured workers;

(c) Where the total number of the insured workers is at least 100 and not more than 999: at least 10/100 of the total number of the insured workers;

(d) Where the total number of the insured workers is at least 1000: at least 100 insured workers;

2.Where a business owner grants leave of at least 90 days to the number of the insured workers as classified in the following circumstances after implementing measures for retaining employees pursuant to Article 19 (1) 1 or 2 for at least three months within one year before the commencement of leave, and does not pay money and valuables during that period by mutual consent with the representative of the workers (referring to the labor union if there exists a labor union consisting of more than a half of the total workers, and the one who represents more than a half of the total workers if such labor union does not exist):

(a) Where the total number of the insured workers is not more than 99: at least 10 insured workers;

(b) Where the total number of the insured workers is at least 100 and not more than 999: at least 10/100 of the total number of the insured workers;

(c) Where the total number of the insured workers is at least 1000: at least 100 insured workers.

(2) The amount of the subsidies prescribed in paragraph (1) shall be determined by the Minister of Employment and Labor within the range of 50/100 of the average wage of the relevant insured worker, taking into account the wages or allowances paid by the business owner to the said insured worker. In such cases, the amount of subsidies shall not exceed the amount determined and publicly announced by the Minister of Employment and Labor per insured worker eligible for subsidies for such reasons as temporary closure of business, etc.

(3) The subsidies prescribed in paragraph (2) shall be paid for maximum 180 days during the period of the relevant temporary closure of business, etc.

(4) Where the Minister of Employment and Labor provides the insured workers with subsidies pursuant to paragraph (1), the business owner shall prepare a plan for retaining employees that includes necessary measures for the development and improvement of vocational skills of the recipient and submit the plan to the Minister of Employment and Labor.

(5) Necessary matters concerning the method and process of applying for subsidies and the method of payment of subsidies, in addition to matters prescribed in paragraphs (1) through (4), shall be determined and publicly announced by the Minister of Employment and Labor .

[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]

Article 21-4 (Support for Measures, etc. for Development and Improvement of Vocational Skills) (1) The Minister of Employment and Labor may provide a business owner with support necessary for taking measures for development, improvement, etc. of vocational skills of the insured workers as part of measures for retaining employees prescribed in Article 21-3 (4).

(2) Necessary matters concerning the process of applying for support, the method of providing support, etc. shall be prescribed by the Minister of Employment and Labor.

[This Article Newly Inserted by Presidential Decree No. 24514, Apr. 22, 2013]