国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 95~Article104-1

Article 95 (Amount of Child Care Leave Benefits) (1) The amount of monthly child care leave benefits prescribed in Article 70 (3) of the Act shall be the amount equivalent to 40/100 of the ordinary monthly wage calculated pursuant to the Labor Standards Act as of the first day of the child care leave: Provided, That where the period eligible for the child care leave benefits is less than one month, the aforementioned amount shall be computed by multiplying the amount equivalent to 40/100 of the ordinary monthly wage calculated under the Labor Standards Act by the number of days of the child care leave in the corresponding month.  <Amended by Presidential Decree No. 23513, Jan. 13, 2012>

(2) The maximum and minimum limits on the child care leave benefits referred to in paragraph (1) shall be set according to the following classification:

1.In cases of making payments pursuant to the main sentence of paragraph (1):

(a) Maximum amount: one million won per month;

(b) Minimum amount: 500,000 won per month;

2.In cases of making payments pursuant to the proviso to paragraph (1):

(a) Maximum amount: the amount calculated by dividing one million won per month by the number of days in the corresponding month and then multiplying such amount by the number of days of the child care leave;

(b) Minimum amount: the amount obtained by dividing 500,000 won per month by the number of days in the corresponding month and then multiplying such amount by the number of days of the child care leave.

(3) Where the remaining amount obtained after subtracting the amount equivalent to 25/100 of the child care leave benefits prescribed in paragraphs (1) and (2) is less than 500,000 won, the amount classified as prescribed in each of the following cases shall be paid:   <Amended by Presidential Decree No. 26368, Jun. 30, 2015>

1.In cases of making payments pursuant to the main sentence of paragraph (1) and paragraph (2) 1: 500,000 won per month;

2.In cases of making payments pursuant to the proviso to paragraph (1) and paragraph (2) 2: the amount obtained by dividing 500,000 won per month by the number of days in the corresponding month and then multiplying such amount by the number of days of the child care leave.

(4) The amount equivalent to 25/100 of the child care leave benefits prescribed in paragraphs (1) and (2) (in cases of paragraph (3), referring to the remaining amount obtained after subtracting the amount prescribed in each subparagraph of paragraph (3) from the child care leave benefits prescribed in paragraphs (1) and (2)) shall be aggregated and paid in lump sum when a worker returns to his/her place of business after the child care leave and continues to work for at least six months.  <Amended by Presidential Decree No. 26368, Jun. 30, 2015>

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

Article 95-2 (Special Cases concerning Child Care Leave Benefits)

Notwithstanding Article 95, where parents take turns using a child care leave for the same child, the child care leave benefits for the first three months payable to the second insured worker taking advantage of a child care leave shall amount to his/her ordinary monthly wage . In such cases, the maximum amount per month shall be 1,500,000 won.  <Amended by Presidential Decree No. 26690, Dec. 4, 2015>

[This Article Newly Inserted by Presidential Decree No. 25645, Sep. 30, 2014]

Article 96 (Reporting on Employment during Child Care Leave Benefit Period)

An insured worker who reports a fact that his/her employment is severed or he/she is currently employed pursuant to Article 72 (1) of the Act shall describe such fact in application for child care leave benefits initially filed after the day his/her employment is severed or he/she is employed.

Article 97 (Application Mutatis Mutandis)

Article 81 shall apply mutatis mutandis to the restriction on the payment of child care leave benefits paid or the order to return such benefits pursuant to Article 70 (1) of the Act. In such cases, "job-seeking benefits" shall be construed as "child care leave benefits".

Article 98 (Reduction of Child Care Leave Benefits)

Where an insured worker has accepted money and valuables from the relevant business owner on the occasion of child care leave during the child care leave period prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act pursuant to Article 73 (2) of the Act and the aggregate amount of money and valuables accepted on a monthly basis during the child care leave and the amount equivalent to 75/100 of the child care leave benefits pursuant to Article 95 (1) and (2) (where the amount is less than 500,000 won, referring to the corresponding amount under each subparagraph of Article 95 (3)) exceeds his/her ordinary monthly wage as of the first day of the child care leave,the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the amount of money equivalent to 75/100 of the child care leave benefits pursuant to Article 95 (1) and (2) (where the amount is less than 500,000 won, referring to the corresponding amount prescribed in each subparagraph of Article 95 (3)).  <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 26368, Jun. 30, 2015>

Article 99 (Entrustment of Administrative Affairs related to Child Care Leave Benefits)

The head of an employment security office may, at the request of an insured worker, entrust the head of another employment security office with processing the administrative affairs for the child care leave benefits payable to him/her, if deemed necessary.

Article 100 (Reasons for Extension of Period Allowed for Application for Maternity Leave Benefits, etc.)

Article 94 shall apply mutatis mutandis to reasons for the extension of the period allowed for application for maternity leave benefits, etc. prescribed in the proviso to subparagraph 2 of Article 75 of the Act.  <Amended by Presidential Decree No. 23946, Jul. 10, 2012>

Article 101 (Maximum and Minimum Amounts of Maternity Leave Benefits, etc.)

The maximum and minimum amount of maternity leave benefits, etc. payable to an insured worker pursuant to Article 76 (2) of the Act shall be as follows:   <Amended by Presidential Decree No. 20775, Apr. 30, 2008; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 25388, Jun. 17, 2014>

1.Maximum amount: 4,050,000 won (5,400,000 won for the maternity leave benefits of a woman pregnant with at least two babies at once), where the amount equivalent to the ordinary wage for the period of a 90-day maternity leave or miscarriage or stillbirth leave (a 120-day maternity leave for a woman pregnant with at least two babies at once) exceeds 4,050,000 won (5,400,000 won for the amount equivalent to the ordinary wage for the period of a maternity leave that is granted to a woman pregnant with at least two babies at once): Provided, That when the period eligible for maternity leave benefits, etc. is less than 90 days (120 days for the maternity leave benefits of a woman pregnant with at least two babies at once), the amount shall be calculated on a daily basis;

2.Minimum amount: The amount equivalent to the ordinary wage for the period eligible for maternity leave benefits, etc. calculated by applying the hourly minimum wage as the hourly ordinary wage, where the worker's hourly ordinary wage is less than the minimum wage per hour under the Minimum Wage Act applicable as at the time when the period the maternity, miscarriage, or stillbirth leave begins ( hereinafter referred to as "minimum hourly wage").

Article 102 (Application Mutatis Mutandis)

Article 96 shall apply mutatis mutandis to reporting on employment during the period of the maternity, miscarriage, or stillbirth leave. In such cases, "child care leave benefits" shall be construed as "maternity leave benefits, etc.".  <Amended by Presidential Decree No. 23946, Jul. 10, 2012>

Article 103 (Application Mutatis Mutandis)

Article 81 shall apply mutatis mutandis to restrictions on the payment of maternity leave benefits, etc. and orders to return such benefits paid pursuant to Article 75 of the Act. In such cases, "job-seeking benefits" shall be construed as "maternity leave benefits, etc.".  <Amended by Presidential Decree No. 23946, Jul. 10, 2012>

Article 104 (Reduction of Maternity Leave Benefits, etc.)

Where an insured worker has received money and valuables, as prescribed in Article 77 of the Act, that amount to the ordinary wage from the relevant business owner during the protective leave prescribed in Article 74 of the Labor Standards Act and the aggregates of the money and valuables accepted from the business owner and the maternity leave benefits, etc. paid under Article 75 of the Act exceeds the ordinary wage as of the first day of the protective leave, the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the maternity leave benefits, etc.: Provided, That this shall not apply where the insured worker had a raise in her ordinary wage during her protective leave period and thus the business owner paid the difference between the increased ordinary wage and the maternity leave benefits, etc.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23946, Jul. 10, 2012>