国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 25

Article 25 (Subsidies for Extension of Employment of Seniors) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for extension of employment of seniors to a business owner who runs business that meets any of the following requirements: Provided, That this shall not apply to any business owner who has at least 300 full-time employees:   <Amended by Presidential Decree No. 21230, Dec. 31, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>  <<  Period of Validity: refer to Article 2 of the Addenda to this Decree >>

1. Deleted;  <by Presidential Decree No. 22603, Dec. 31, 2010>

2.The retirement age shall be abolished or the existing retirement age shall be increased by one year or more to at least 60: Provided, That where the retirement age at the relevant place of business is abolished and a new retirement age is established or the previous retirement age is lowered within three years before the abolishment or extension of the retirement age, subsidies for extension of employment of the elderly shall not be granted;

3. The business owner who set the retirement age at 55 shall continue to retain a person who has reached the retirement age after at least 18 months of employment or shall employ (hereafter referred to as "re-employment" in this Article and Article 28 ) such person within three months after he/she has retired at the retirement age and shall not lay off any worker by adjustments in employment during three months before such re-employment and six months after such re-employment: Provided, That a business owner shall not be eligible for the subsidies for extension of employment of seniors where the business owner re-employs such person for a period of less than one year or lowers the retirement age of the business place within three years before the re-employment.

(2) and (3) Deleted.  <by Presidential Decree No. 22603, Dec. 31, 2010>

(4) The amount of subsidies for extended employment of seniors for which a business owner who meets the requirement prescribed in paragraph (1) 2 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) who have been employed by the business owner continuously for at least 18 months and who is allowed to continue his/her services due to the abolishment or extension of the retirement age after he/she reaches the retirement age that was previously set, and such subsidies shall be granted for the period classified under each of the following subparagraphs:  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>  <<  Period of Validity: refer to Article 2 of the Addenda to this Decree >>

1.Where the retirement age is abolished: One year from the day (referring to the day when the age of 58 is reached if the previous retirement age is lower than the age of 58) immediately following the date when one year has passed from the date when the previous retirement age of a worker, whose retirement age is abolished, is reached;

2.Where the retirement age is extended: The period prescribed in each of the following calculated from the day immediately following the date when the previous retirement age of a worker, whose retirement age is extended, is reached:

(a) Where the retirement age is extended by at least one year but not more than three years: one year;

(b) Where the retirement age is extended by at least three years: two years.

(5) The amount of subsidies for extended employment of seniors for which a business owner who meets the requirements under paragraph (1) 3 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) re-employed after each of such persons reaches the retirement age, and such subsidies shall be granted for the periods classified as prescribed in each of the following subparagraphs:  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 25022, Dec. 24, 2013>  <<  Period of Validity: refer to Article 2 of the Addenda to this Decree >>

1.Where the re-employment period is at least one year but not more than three years: Six months;

2.Where the re-employment period is at least three years: One year.

(6) Matters necessary to apply for and pay the subsidies for extended employment of seniors shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

Article 25-2 (Subsidies for Employment of Seniors Aged 60 Years or Older) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for employment of seniors aged 60 years or older to the business owner of an enterprise that meets all of the following requirements:   <Amended by Presidential Decree No. 25955, Dec. 31, 2014>

1. That the relevant place of business has no set retirement age;

2.That the ratio of the monthly average number of workers who are at least 60 years old and have been employed for at least one year as of the last day of each month to the monthly average number of workers employed for the corresponding business on a quarterly basis shall not be less than the ratio determined and publicly notified by the Minister of Employment and Labor for each business type;

3.That the business owner receives subsidies for the promotion of employment of seniors under Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) at least once as of the date of application for subsidies for the employment of seniors aged 60 years or older, and he/she shall not be subject to the period when the payment of the aforementioned subsidies is restricted.

(2) The subsidies for the employment of seniors aged 60 years or older shall not be paid where a business owner severs the employment of workers aged 55 years or older by making adjustments in employment in the period from three months before applying for subsidies for employment of seniors aged 60 years or older pursuant to paragraph (1) (hereinafter referred to as "subsidies for employment of seniors aged 60 years or older") to six months thereafter.

(3) The amount of subsidies for the employment of seniors aged 60 years or older shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor, considering labor market conditions, by the number of seniors aged 60 years or older who have been employed in excess of the ratio publicly notified by the Minister of Employment and Labor pursuant to paragraph (1) 2: Provided, That the total amount of subsidies which a business owner is eligible to receive on a quarterly basis shall not exceed the amount calculated by multiplying the amount publicly notified by the Minister of Employment and Labor pursuant to the main sentence by the number equivalent to 20/100 (10/100 for a large enterprise) of the number of workers employed for the relevant enterprise.

(4) When calculating the number of workers for the sake of paying subsidies for employment of seniors aged 60 years or older, the number of daily workers and persons who fall under subparagraphs 2 through 5 of Article 10 of the Act shall be excluded herefrom.

(5) Necessary matters necessary to apply for and pay the subsidies for employment of seniors aged 60 years or older shall be prescribed by Ordinance of the Ministry of Employment and Labor.

[This Article Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]   <<  Period of Validity: refer to Article 2 (2) of the Addenda to this Decree >>