国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 22~Article 24

Article 22 (Re-Employment Assistance for Person whose Employment is be Severed, etc.)

Where a business owner facing inevitable adjustments in employment pursuant to Article 21 (1) of the Act directly establishes facilities necessary for supporting swift re-employment of any of the following persons, independently or collaboratively, or entrusts an outside institution equipped with such facilities with services necessary for such re-employment, the Minister of Employment and Labor shall, pursuant to Article 21 (1) of the Act, subsidize some of the expenses incurred by the business owner, as determined by the Minister of Employment and Labor:

1.Insured workers who have been employed by the relevant business but whose employment will be severed due to employment adjustment, retirement age, or expiration of the term of employment contract;

2.Persons who had been insured and employed by the relevant business but whose employment was severed due to employment adjustment, retirement age, or expiration of the term of employment contract.

[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]

Article 23 Deleted.  <by Presidential Decree No. 21015, Sep. 18, 2008>

Article 24 (Subsidies for Promotion of Local Employment) (1) The Minister of Employment and Labor shall grant subsidies for promotion of local employment to a business owner who relocates his/her business to a designated area, establishes a new business or expands an existing business in a designated area as set forth in Article 22 of the Act and who meets all the following requirements:   <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

1.During the period of support for employment adjustment, etc. (hereafter referred to as "designated period" in this Article) as publicly notified pursuant to Article 29 (2) of the Enforcement Decree of the Framework Act on Employment Policy, a local employment plan concerning relocation, establishment, or expansion of business, and employment of workers resulting therefrom shall be prepared and reported to the Minister of Employment and Labor;

2. The business owner shall implement the local employment plan reported to the Minister of Employment and Labor pursuant to subparagraph 1;

3. The operation of the business relocated, newly established, or expanded shall commence within one year and six months from the date the plan for local employment is submitted;

4.The business owner shall employ persons who have resided in the designated area or any other designated area for at least three months as of the date the operation of the business relocated, newly established, or expanded commences (hereafter referred to as "date of commencement of operation" in this Article) as the insured for the relevant business;

5. The business shall be deemed necessary by the Employment Policy Council prescribed in Article 10 of the Framework Act on Employment Policy;

6.The business owner shall keep a record of the current status of implementation of the local employment plan and the current status of wages paid to the insured workers while implementing the plan.

(2) Upon the commencement of operation prescribed in paragraph (1) 3, a business owner who intends to receive subsidies for promotion of local employment shall report such fact to the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The amount of subsidies for promotion of local employment shall be equivalent to 1/2 (or 1/3 for a large enterprise) of the wages paid to the insured workers employed under paragraph (1) 4, and shall not exceed the amount publicly notified by the Minister of Employment and Labor as set forth in Article 21 (5).  <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012>

(4) Subsidies for promotion of local employment shall be paid for up to one year from the date of commencement of operation.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(5) Where the number of insured workers employed pursuant to paragraph (1) 4 during a designated period exceeds 200 persons, subsidies for promotion of local employment shall be granted only for 30/100 out of the number of persons in excess thereof.

(6) No subsidies for promotion of local employment shall be paid under any of the following cases:   <Newly Inserted by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 25022, Dec. 24, 2013>

1.Where the employment period of the insured workers who are employed pursuant to paragraph (1) 4 is less than six months;

2.Where a business owner has laid off his/her workers through employment adjustment during the period between three months before the date of commencement of operation and one year after the date of commencement of operation;

3.Where the business owner who has employed a job seeker as an insured worker as set forth in paragraph (1) 4 is found to be the same business owner as at the time the employment of the insured worker was most recently severed: Provided, That this shall exclude cases where the business owner has given priority to the relevant worker in employment pursuant to Article 25 (1) of the Labor Standards Act;

4.Where the business owner who has employed a job seeker as an insured worker under paragraph (1) 4 is related to the business in which the relevant worker had been engaged at the time his/her employment was most recently severed, such as cases where the business owner has merged his/her business with, or has acquired, that of the other business owner as at the time the employment of the relevant worker was most recently severed;

5.In any case prescribed by Ordinance of the Ministry of Employment and Labor, including the case where a business owner pays wages below the minimum wage rate under the Minimum Wage Act.

(7) Deleted.  <by Presidential Decree No. 25022, Dec. 24, 2013>

(8) Matters necessary for application for and payment of subsidies for promotion of local employment shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>