国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 26~Article 27

Article 26 (Subsidies for Promotion of Employment) (1) The Minister of Employment and Labor shall grant subsidies for promotion of employment to a business owner who hires any of the following unemployed persons, as an insured person if the person has registered himself/herself as a job seeker, with employment security offices or any of the institutions specified by Ordinance of the Ministry of Employment and Labor, pursuant to Article 23 of the Act, to promote employment of such persons as a disabled person, a female head of household, etc. who have particular difficulty finding jobs under ordinary labor market conditions (hereafter referred to as "employment security office" in this Article):   <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>

1.A person who has completed the employment assistance program, as notified by the Minister of Employment and Labor, designed for those having particular difficulty finding jobs under ordinary labor market conditions;

2.A severely disabled person prescribed in subparagraph 2 of Article 2 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act who is in a state of unemployment for one month or more;

3.A person in a state of unemployment for one month or more who, as a person prescribed by Ordinance of the Ministry of Employment and Labor, among unemployed women responsible for supporting their family members, falls under those persons eligible for employment prescribed in the former part of Article 11 (2) of Enforcement Decree of the National Basic Living Security Act or those persons eligible for protection prescribed in Articles 5 and 5-2 of the Single-Parent Family Support Act;

4.A person who is in a state of unemployment for one month or more and has difficulty participating in the employment assistance program prescribed in subparagraph 1 because he/she resides in an island (excluding the main island of Jeju Special Self-Governing Province and islands that are connected to land by breakwaters or bridges, etc.).

(2) The subsidies for promotion of employment prescribed in paragraph (1) shall be paid where a business owner employs an insured person for at least three months:   <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013> and 2. Deleted.  <Presidential Decree No. 24333, Jan. 25, 2013>

(3) The subsidies for promotion of employment prescribed in paragraph (1) shall not be paid in any of the following circumstances:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>

1.In cases of employing a person falling under cases prescribed by Ordinance of the Ministry of Employment and Labor, such as cases where labor contracts are short-term contracts;

2. Deleted;  <by Presidential Decree No. 24333, Jan. 25, 2013>

3.Where an enterprise which is not an enterprise eligible for preferential support employs an unemployed person aged 29 years or younger who is prescribed by the Minister of Employment and Labor;

4.Where a business owner lays off a worker (excluding the workers employed later than the person eligible for the subsidies for promotion of employment) as part of employment adjustment in the period from three months before employing the person eligible for the subsidies for promotion of employment until 12 months thereafter;

5.Where a business owner who employs the person eligible for the subsidies for promotion of employment prescribed in paragraph (1) is found to be the same business owner when the employment of the relevant worker was most recently severed: Provided, That this shall not apply where the business owner gave the relevant worker priority in employment pursuant to Article 25 (1) of the Labor Standards Act;

6.Where, as specified by Ordinance of the Ministry of Employment and Labor, a business owner who employs a person eligible for the subsidies prescribed in paragraph (1) has a business relationship with the business as at the time when the relevant worker whose employment was most recently severed, such as the case where the business owner merged his/her business with that of the other business owner as at the time when the relevant worker whose employment was most recently severed, or acquired the said business.

(4) The amount of subsidies for promotion of employment prescribed in paragraph (1) 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 employed, and shall be paid depending on the employment period of the workers according to the following classification. In such cases, the subsidies to be paid shall not exceed 75/100 of the wages borne by the business owner during the period of payment of such subsidies:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25955, Dec. 31, 2014>

1.Where the employment period of a worker is at least three months but not more than six months: three months' worth of subsidies;

2.Where the employment period of a worker is at least six months but not more than nine months: six months' worth of subsidies;

3.Where the employment period of a worker is at least nine months but not more than 12 months: nine months' worth of subsidies;

4.Where the employment period of a worker is at least 12 months: 12 months' worth of subsidies: Provided, That for the workers determined and publicly notified by the Minister of Employment and Labor, the subsidies shall be paid according to each of the following:

(a) Where the employment period of a worker is at least 15 months but not more than 18 months: 15 months' worth of subsidies;

(b) Where the employment period of a worker is at least 18 months but not more than 21 months: 18 months' worth of subsidies;

(c) Where the employment period of a worker is at least 21 months but not more than 24 months: 21 months' worth of subsidies;

(d) Where the employment period of a worker is at least 24 months: 24 months' worth of subsidies;

(5) The number of insured workers who become eligible for subsidies for the promotion of employment prescribed in paragraph (1) shall not exceed 20/100 of the number of insured workers as at the end of the immediately preceding insurance year for the pertinent business (or 30/100 for enterprises eligible for preferential support, and the decimal point shall be dropped in calculation).

(6) Notwithstanding paragraph (5), in any of the following cases, the subsidies for the promotion of employment shall be granted to the limited number of insured workers according to the following classification:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

1.Where the number of the newly employed, insured persons pursuant to paragraph (1) is more than 30: 30 persons;

2.Where the number of the insured as of the end of the immediately preceding insurance year for the pertinent business is equal to or greater than one but less than ten: three persons;

3.Where there exists no insured worker as of the end of the immediately preceding insurance year for the pertinent business: 30/100 of the number of insured workers as of the date the insurance relation is established for the year in which an employee is newly hired (where the number of insured workers is equal to or greater than one but less than ten, three persons, and where 30/100 of the number of insured workers exceeds 30 persons, 30 persons).

(7) Matters necessary to apply for and pay subsidies for promotion of employment shall be prescribed by Ordinance of the Ministry of Employment and Labor.

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

Article 27 Deleted.  <by Presidential Decree No. 21015, Sep. 18, 2008>