国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 53~Article58-1

Article 53 (Implementation of Entrusted Training Programs for Development of Occupational Abilities) (1) When the Minister of Employment and Labor intends to entrust the execution of vocational skills development training programs pursuant to Article 31 (2) of the Act, he/she shall establish annual plans to implement the training vocational skills development programs which he/she intends to entrust.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) The programs for vocational skills development training prescribed in paragraph (1) shall be construed as vocational skills development training for occupations relating to the national infrastructure and strategic industries pursuant to Article 15 of the Act on the Development of Workplace Skills of Workers ( hereinafter referred to as "training for occupations relating to the national infrastructure and strategic industries").  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(3) Training for occupations relating to the national infrastructure and strategic industries shall be conducted by facilities or institutions entrusted pursuant to each subparagraph of Article 12 of the Enforcement Decree of the Act on the Development of Workplace Skills of Workers.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010>

(4) Matters necessary for the performance of training for occupations relating to the national infrastructure and strategic industries, such as trainees, training procedures, training expenses and allowances, etc. of the training for occupations relating to the national infrastructure and strategic industries 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 54 (Subsidization of Vocational Skills Development of Construction Workers) (1) Where a business owner of a construction business or employers' association conducts vocational skills development training in order to develop and improve vocational skills of construction workers who are not employed at a specific place of business, as determined and publicly notified by the Minister of Employment and Labor, the Minister of Employment and Labor may, pursuant to Article 32 of the Act, partially subsidize expenses incurred therein, and may also subsidize expenses incurred in training, where a training allowance is paid to such construction workers during the training period.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) As to the subsidization of the training expenses for vocational skills development prescribed in paragraph (1), Article 41 (2) shall apply mutatis mutandis.

Article 55 (Support for Local Governments and others) (1) "Non-profit corporation or organization prescribed by Presidential Decree" referred to in Article 34 of the Act means a non-profit juristic corporation established pursuant to Acts or established with permission or authorization from the State or a local government or a non-profit organization registered pursuant to the Assistance for Non-Profit, Non-Governmental Organizations Act.

(2) Where a local government or a non-profit juristic person or organization, as prescribed in paragraph (1) carries out a project for employment stability and promotion of employment of insured workers in its area and the vocational skills development, the Minister of Employment and Labor may, pursuant to Article 34 of the Act, subsidize all or part of the expenses of such project within the budget.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) The Minister of Employment and Labor shall, when he/she intends to subsidize expenses pursuant to paragraph (2), issue a prior public announcement of the type and details of the eligible projects, the requirement, details, and standards of such subsidization, and the methods of application for such subsidization.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Article 56 (Restrictions on Granting of Subsidies on Account of Improper Acts) (1) Where a person has received, or intends to receive, any of the subsidies specified in Articles 17, 19, 22, 24 through 26, 28, 29, 33 , 35 through 37, 37-2, 38, and 55 by fraud or other improper means, the Minister of Employment and Labor shall not grant, pursuant to Article 35 (1) of the Act, the unpaid amount of the subsidies or the subsidies that the person intends to receive, and shall also order such person to return the subsidies that have already been paid to him/her by fraud or other improper means.  <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23139, Sep. 15, 2011; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25955, Dec. 31, 2014>

(2) With respect to a person that has received, or intends to receive, any of the subsidies specified in paragraph (1) by fraud or other improper means as referred to in Article 35 (1) of the Act, the Minister of Employment and Labor shall impose restrictions on the payment of subsidies during the period specified in attached Table 2 in relation to any subsidy that falls under any of the subsidies specified in paragraph (1) that are to be newly granted, within one year from the date the Minister has issued an order to return or restricted the payment thereof under paragraph (1): Provided, That the period of the aforementioned payment restriction may be reduced up to one third of the said period of payment restriction, considering the extent of such impropriety, motivation, results, etc.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24155, Oct. 29, 2012>

(3) A person who receives an order to return under paragraph (1) (including an order for an additional payment under Article 35 (2) of the Act; the same shall apply hereafter in this Article) shall pay the notified amount within 30 days from the date a notice thereof is issued to him/her. In such cases, such payment shall be made in lump sum, but it may be paid in installments, as determined by the Minister of Employment and Labor, where the amount of payment exceeds ten million won.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

(4) Where a person who was ordered to return subsidies under paragraphs (1) and (3), or Article 56 of the Act on the Development of Workplace Skills of Workers (limited to orders to return the amount subsidized or loaned through the employment insurance fund) fails to meet such obligation to return within the given period, no subsidies specified in this Act or training expenses for vocational skills development specified in the Act on the Development of Workplace Skills of Workers shall be paid to him/her from the date such period ends until the date the obligation to return is fulfilled.  <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22356, Aug. 25, 2010; Presidential Decree No. 22603, Dec. 31, 2010>

Article 57 (Vicarious Execution of Business Affairs) (1) "Any person prescribed by Presidential Decree" referred to in Article 36 of the Act means the following:   <Amended by Presidential Decree No. 22356, Aug. 25, 2010>

1. The Human Resources Development Service of Korea prescribed in the Human Resources Development Service of Korea Act (hereinafter referred to as the "Human Resources Development Service of Korea");

2. Polytechnic colleges prescribed in the Act on the Development of Workplace Skills of Workers;

3.Workplace skills development organizations prescribed in Article 23 of the Act on the Development of Workplace Skills of Workers.

(2) When the Minister of Employment and Labor commissions a person to carry out any of his/her business affairs on his/her behalf pursuant to Article 36 of the Act, he/she shall subsidize the expenses incurred in carrying out such affairs through the fund.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

Chapter IV UNEMPLOYMENT BENEFITS

Article 58 (Decision and Notice of Payment of Unemployment Benefits)

The head of an employment security office shall, after deciding whether to pay unemployment benefits, give notice of the decision to the claimant: Provided, That a notice of a decision to pay unemployment benefits may be substituted by the issuance of a certificate of eligibility for benefits of the employment insurance prescribed in Article 62.