国内政策【切换】 国际政策

您现在的位置: 首页 > 国外法律法规库

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 42~Article44

发布人:春秋智谷  /  发布时间:2021-04-12 14:46:34  

Article 42 (Limits on Subsidization of Expenses)(1) The total amount of training expenses that a business owner is entitled to receive on an annual basis under Article 28 of the Act shall be an amount equivalent to 100/100 (or 240/100 for an enterprise eligible for preferential support) of the insurance premium for the programs for employment stability and for vocational skills development that a business owner shall pay among the employment insurance premium for the pertinent year, as prescribed in Articles 13 (1) 1 and 16-3 of the Insurance Premium Collection Act, or the insurance premium for the programs for employment stability and for vocational skills development among the estimate-based insurance premium for employment insurance that a business owner shall pay for the pertinent year, as prescribed in Articles 13 (1) 1 and 17 (1) of the Insurance Premium Collection Act: Provided,That the limits on the total expenses that can be paid on behalf of a business owner who falls under any subparagraph of Article 18 (2) may be adjusted to 130/100 (or 300/100 for an enterprise eligible for preferential support) of the insurance premium for the programs for employment stability and for vocational skills development among the insurance employment premium for the pertinent year to be borne by the business owner, or of the insurance premium for the programs for the employment stability and for vocational skills development among the estimate -based insurance premium for employment insurance that the business owner shall pay for the pertinent year.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

 

(2) Where a business owner conducts training courses recognized pursuant to Article 24 of the Act on the Development of Workplace Skills of Workers for workers employed for any business other than his/her own, up to an amount equivalent to 80/100 of the insurance premium for the programs for employment stability and for vocational skills development among the employment insurance premium for the pertinent year to be borne by the business owner, or of the insurance premium for the programs for employment stability and for vocational skills development among the estimate- based insurance premium for employment insurance to be borne by the business owner for the pertinent year may be paid to the business owner in addition to the subsidies under paragraph (1).  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

 

(3) Notwithstanding paragraphs (1) and (2), the minimum amount of subsidized expenses prescribed by the Minister of Employment and Labor shall be the amount of the subsidies, where the amount of the subsidies is less than the minimum amount of subsidized expenses prescribed by the Minister of Employment and Labor, considering the size and type of business.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

 

(4) Any of the following subsidies shall not be included in the upper limit of subsidies for vocational skills development training for which the relevant business owner is eligible pursuant to paragraphs (1) through (3):   <Amended by Presidential Decree No. 25022, Dec. 24, 2013>

 

1.Subsidies for vocational skills development training prescribed in Article 41 (1) 1 that is conducted as a part of the training under Article 3 (1) 1 of the Enforcement Decree of the Act on the Development of Workplace Skills of Workers;

 

2. Subsidies for the vocational skills development training prescribed in Article 41 (1) 3 and 4;

 

3.Subsidies for the vocational skills development training prescribed in Article 41 (1) 5 (a) and (b). In such cases, the amount of subsidies shall be limited to the amount corresponding to some of the wages paid during the paid leave and of the wages paid to substitute workers, which are subject to subsidization, as prescribed in paragraph (2) of the same Article.

 

(5) Notwithstanding the provisions of paragraphs 2 through 4, a business owner for whom assistance for vocational skills development programs is restricted pursuant to Article 35 (3) of the Act shall not be governed by paragraphs 2 through 4 for three years from the insurance year to which the end date of the period of restriction on subsidies or loans pursuant to Article 55 (2) of the Act on the Development of Workplace Skills of Workers belongs.  <Newly Inserted by Presidential Decree No. 26368, Jun. 30, 2015>

 

Article 43 (Subsidization for Development of Workers' Vocational Skills) (1) Any of the following insured workers receives vocational skills development training, as prescribed in subparagraph 1 of Article 2 of the Act on the Development of Workplace Skills of Workers (hereinafter referred to as "vocational skills development training"), the Minister of Employment and Labor may, pursuant to Article 29 (1) of the Act, fully or partially subsidize expenses incurred, as prescribed by Ordinance of the Ministry of Employment and Labor:  <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 26368, Jun. 30, 2015>

 

1. An insured worker employed by an enterprise eligible for preferential support;

 

2. An insured worker falling under any subparagraph of Article 41 (3);

 

3. An insured self-employed worker;

 

4. An insured worker who is scheduled to leave his/her position within 180 days from the date of filing of an application for employment training with the director of an employment security office;

 

5. An insured worker who is under at least 90 days of unpaid leave due to worsening management conditions;

 

6. An insured worker aged 45 or over, who is employed by a large enterprise;

 

7. An insured worker who does not receive vocational skills development training conducted by an employer under Article 27 of the Act for at least three years;

 

8.Insured workers under child care leave pursuant to Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act.

 

(2) Expenses required for the vocational skills development training prescribed in paragraph (1) may be paid to insured workers who receive such training or the institutions that conduct such training: Provided, That when an insured worker who receives training pays his/her training fees with a credit card prescribed in subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act and the credit card company who issued the credit card pays the training fees to the training institution, as prescribed by the Minister of Employment and Labor, the Minister of Employment and Labor may pay the training fees to the credit card company on behalf of the insured worker who receives training.  <Newly Inserted by Presidential Decree No. 25022, Dec. 24, 2013>

 

(3) Necessary matters concerning the scope of training courses for which training expenses may be subsidized pursuant to paragraph (1) and the procedure for the subsidization shall be prescribed by Ordinance of the Ministry of Employment and Labor.  <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010>

 

Article 44 Deleted.  <by Presidential Decree No. 23139, Sep. 15, 2011>