国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 29~Article32

Article 29 (Subsidies for Employment Stability during the Period of Childbirth and Child Care) (1) The Minister of Employment and Labor shall pay subsidies for employment stability during the period of childbirth and child care to any of the following business owners, pursuant to Article 23 of the Act:   <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25388, Jun. 17, 2014; Presidential Decree No. 25645, Sep. 30, 2014; Presidential Decree No. 26368, Jun. 30, 2015>

1.Where the term of a labor contract or a contract on temporary placement of any of the following insured female workers is terminated during the period of pregnancy, the period of a maternity leave prescribed in Article 74 (1) of the Labor Standards Act ( hereinafter referred to as "maternity leave"), or the period of a child care leave (limited to the period until such female worker's child turns 15 months) prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act, a business owner (including a user company under the Act on the Protection, etc. of Temporary Agency Workers,in cases of temporary agency workers under item (b)) who enters into an employment contract for at least one year with such female worker immediately after the original term of the labor contract or the contract on temporary placement expires or within 15 months after her childbirth :

(a) A person whose term of labor contract is not more than one year;

(b) A temporary agency worker prescribed in the Act on the Protection, etc. of Temporary Agency Workers;

2.A business owner who grants an insured worker child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act or shortens the working hours of an insured worker prescribed in Article 19-2 of the same Act (hereinafter referred to as "child care leave, etc.") for at least 30 days (excluding the period overlapping with the period of a maternity leave);

3.A business owner who grants or allows an insured worker a maternity leave, a miscarriage or stillbirth leave prescribed in Article 74 (3) of the Labor Standards Act (hereinafter referred to as "miscarriage or stillbirth leave") or a child care leave , etc. for 30 days or longer and employs a substitute worker, and who meets all the following requirements:

(a) The business owner shall employ a new substitute worker for at least 60 days from the 60th day before the beginning of a maternity leave, a miscarriage or stillbirth leave or a child care leave, etc. (or the 60th day before the beginning of a maternity leave if a miscarriage or stillbirth leave or a child care leave, etc. begins consecutively after the maternity leave);

(b) The business owner shall continue to employ a worker who has used a maternity leave, a miscarriage or stillbirth leave or a child care leave, etc. for at least 30 days after the end of the maternity leave, miscarriage or stillbirth leave or child care leave, etc.;

(c) The business owner shall not have any employee (excluding the workers employed later than newly employed substitute workers) who is laid off by employment adjustment in the period from three months before employing a new worker as a substitute to six months thereafter;

(2) Subsidies for employment stability during the period of childbirth and child care prescribed in paragraph (1) 1 shall be the amount determined and publicly notified by the Minister of Employment and Labor, and the amount shall be paid for a maximum period of six months during the employment of a worker concerned: Provided, That the subsidies shall be granted for a maximum period of one year during the employment of a worker concerned to the business owner who enters into a labor contract without setting any specific term of the labor contract .  <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>

(3) Subsidies for employment stability during the period of childbirth and child care prescribed in paragraph (1) 2 shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor by the size of business, considering the burden of labor costs borne by business owners caused by granting child care leave, etc. (excluding the period of child care leave of employees in public institutions pursuant to subparagraph 1 of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission; hereinafter the same shall apply in this Article) by the number of months of child care leave, etc. which were spent by the relevant worker. In such cases, the amount for one month of the employment stability subsidies during the period of childbirth and child care shall be paid one month after the beginning of the child care leave, etc. and the remaining amount shall be paid when the business owner continuously employs the worker as an insured for six months or longer after the child care leave, etc. ends.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 26368, Jun. 30, 2015>

(4) Subsidies for employment security during the period of childbirth and child care prescribed in paragraph (1) 3 (hereinafter referred to as “subsidies for substitute workers”; hereinafter the same shall apply in this Article) shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor by the size of business, considering the burden of labor costs borne by business owners due to employment of substitute workers, by the number of months for which a substitute worker has been employed during the period for which a maternity leave, a miscarriage or stillbirth leave or a child care leave, etc. has been used, but where there are subsidies or incentives, etc. paid by the State or local governments to business owners for the employment of the relevant substitute workers under this Decree or other Acts or subordinate statutes, the calculation of the amount for the subsidies for employment stability shall exclude the amount of such subsidies or incentives. it shall be the amount excluding the subsidies or incentives. In such cases, the amount of subsidies for substitute workers shall be not more than the amount of wage paid by business owners to the relevant substitute workers.  <Amended by Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26368, Jun. 30, 2015>

(5) Matters necessary for application for and payment of subsidies for employment stability during the period of childbirth and child care prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 24333, Jan. 25, 2013>

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

Article 30 Deleted.  <by Presidential Decree No. 22603, Dec. 31, 2010>

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

Article 32 Deleted.  <by Presidential Decree No. 25022, Dec. 24, 2013>

Article 32-2 Deleted.  <by Presidential Decree No. 22026, Feb. 8, 2010>