国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 39~Article41

Article 39 (Special Cases concerning Projects subject to Blanket Application)

The individual projects that become subject to blanket application, as prescribed in Article 8 of the Insurance Premiums Collection Act shall be deemed a single project and Articles 17, 19, 24 through 26, and 29 shall apply thereto.  <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

Article 40 (Adjustment of Subsidies, etc.) (1) Where a business owner who meets the requirements for granting subsidies for retaining employees prescribed in Article 19 has taken any measure that corresponds to the requirements for reimbursing expenses prescribed in Article 17 or for granting subsidies for extension of employment of seniors prescribed in Article 25 (1) 3 or subsidies for promotion of employment prescribed in Article 26 during the period when the measures for retaining employees have been taken, subsidies for retaining employees prescribed in Article 19 shall be granted while other subsidies shall not be granted to him/her.  <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

(2) Where a business owner concurrently meets the requirements for more than two types of the following subsidies due to the same workers, only one of those subsidies shall be granted upon request by the relevant business owner:   <Amended by Presidential Decree No. 26690, Dec. 4, 2015>

1. Subsidies prescribed in Article 17 (1) 3 through 6;

2. Subsidies for promotion of local employment prescribed in Article 24;

3. Subsidies for extension of employment of seniors prescribed in Article 25;

4. Subsidies for employment of seniors aged 60 years or older prescribed in Article 25-2;

5. Subsidies for promotion of employment prescribed in Article 26;

6. Subsidies for business owners by reducing working hours prescribed in Article 28-3;

7. Subsidies for employment stability during the period of childbirth and child care prescribed in Article 29 (1) 1 or 3;

8. Subsidies for business owners prescribed in subparagraphs 1 through 7 of Article 35;

9.Subsidies for expenses incurred in the operation of workplace child care center prescribed in Article 38 (4).

(3) If a business owner concurrently meets the requirements for granting subsidies to cover expenses prescribed in Article 17 (1) 1 and 2, only one of those subsidies shall be granted upon request by the business owner.  <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011>

(4) If a business owner who receives any of the subsidies prescribed in paragraph (3) meets the requirements for granting any of the subsidies under paragraph (2) for the period when he/she receives the relevant subsidies, the amount calculated by multiplying the amount of the corresponding subsidy among those prescribed in paragraph (2) by the rate determined and publicly notified by the Minister of Employment and Labor shall be granted upon request by the business owner.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

(5) Where a business owner who is eligible to receive subsidies for the promotion of employment of seniors pursuant to Article 18 of the Addenda to the Enforcement Decree of the Employment Insurance Act (Presidential Decree No. 22603) also satisfies the requirements for the payment of subsidies for employment of seniors aged 60 years or older prescribed in Article 25-2, only one of those subsidies shall be granted upon request by the business owner.  <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012>  <<  Period of Validity: refer to Article 2 (2) of the Addenda to this Decree >>

(6) If a worker concurrently meets the requirements for more than two types of subsidies under Articles 28, 28-2 or 28-3, only one of those subsidies shall be granted upon choice of the relevant worker.  <Amended by Presidential Decree No. 26690, Dec. 4, 2015>

Article 40-2 (Restrictions on Subsidization)

"Cases prescribed by Presidential Decree" prescribed in Article 26-2 of the Act means where a business owner falls under any of the following by newly employing workers or by taking measures for retaining employees:

1.Where a business owner receives subsidies and other financial assistance pursuant to the North Korean Refugees Protection and Settlement Support Act;

2. Where a business owner receives subsidies and other financial assistance pursuant to the Industrial Accident Compensation Insurance Act;

3. Where a business owner receives subsidies and other financial assistance pursuant to the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act;

4.Other cases where a business owner receives financial assistance from the State or local governments.

[This Article Newly Inserted by Presidential Decree No. 23139, Sep. 15, 2011]

Article 41 (Subsidization for business owners of Vocational Skills Development Training) (1) "Vocational skills development training prescribed by Presidential Decree" referred to in Article 27 of the Act means any of the following training courses recognized pursuant to Article 24 of the Act on the Development of Workplace Skills of Workers:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012>

1. A training course for vocational skills development conducted for insured workers [excluding insured workers defined in subparagraph 1 (b) of Article 2 of the Act (hereinafter referred to as "insured self-employed worker")];

2. A training course for vocational skills development offered for persons who are not insured, but employed by the relevant business owner;

3. A training course for vocational skills development offered for persons that are considered to be employed by the relevant business or any business relating to such business;

4. A training course for vocational skills development offered for persons who have registered themselves with an employment security office for finding a job;

5.A training course for vocational skills development offered for insured workers (excluding insured self-employed workers) employed by the relevant business during paid leave (which shall not be annual paid leave prescribed in Article 60 of the Labor Standards Act, but which means leave paid with the wage equal to, or greater than the ordinary wage prescribed in Article 6 of the Enforcement Decree of the Labor Standards Act (hereinafter referred to as "ordinary wage") for the period of leave granted in compliance with any of the following requirements:

(a) A business owner of an enterprise eligible for preferential support or a business owner who employs less than 150 full-time workers shall grant paid leave of at least seven consecutive days to his/her employees to enable them to attend the training course for at least 30 hours;

(b) Any business owner falling under item (a) shall continuously grant paid leave of at least 30 days to the relevant workers to have them attend the training course for at least 120 hours and employ substitute workers;

(c) Any business owner other than those falling under item (a) shall continuously grant paid leave of at least 60 days to workers who have been employed for one year or longer to have them attend the training course for at least 180 hours;

(d) A business owner shall grant paid leave to workers who are engaged in production or any related work, as publicly notified by the Minister of Employment and Labor, in order to encourage them to improve the skills and techniques to have them attend the training course for at least 20 hours.

but it shall be the sum of the amounts equivalent to part of the wages paid during the period of the paid leave and those paid to the substitute workers (limited to paragraph (1) 5 (b)) in cases falling under paragraph (1) 5 (the standards of the subsidies shall be determined and publicly notified by the Minister of Employment and Labor). In such cases,  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

(3) Notwithstanding paragraph (2), higher levels of subsidies may be provided to business owners who conduct vocational skills development training for persons falling under any of the following, as determined and publicly notified by the Minister of Employment and Labor. In such cases, an amount equivalent to the amount of the wages paid in whole or in part during the training period may also be further subsidized:   <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 26690, Dec. 4, 2015>

1.Fixed-term workers defined in subparagraph 1 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers;

2. Part-time workers defined in Article 2 (1) 8 of the Labor Standards Act;

3.Temporary agency workers under the Act on the Protection, etc. of Temporary Agency Workers;

4. Daily workers;

5. Workers employed on condition of receiving vocational skills development training and evaluation.

(4) The extent of subsidization of expenses incurred in and allowances for vocational skills development training, the maximum limits of such subsidization, procedures for application for the subsidization, and other matters necessary for the subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>