国内政策【切换】 国际政策

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT Enforcement Date 01. Jan, 2016Article 104-2~Article107

Article 104-2 (Benefits for Reduced Working Hours during Infant Care Period) (1) Article 94 shall apply mutatis mutandis to the ground for extension of the period of application for the benefits for reduced working hours during the infant care period pursuant to the proviso to Article 73-2 (2) of the Act. In such cases, "child care leave benefits" shall be deemed "benefits for reduced working hours during the period of infant care".

(2) The amount of benefits for reduced working hours during the period of child care prescribed in Article 73-2 (3) of the Act shall be determined in accordance with the following formula: Provided, That where the period eligible for the benefits for reduced working hours during the period of child care is less than one month, such benefits shall be calculated by multiplying the amount computed by dividing the amount obtained according to the following formula by the number of days in the relevant month, by the number of days when the reduced working hours during child care period are applied.  <Amended by Presidential Decree No. 25645, Sep. 30, 2014> Amount equivalent to 60/100 of the ordinary monthly wage calculated pursuant to the Labor Standards Act as of the first day of reduced working hours during the period of child care (the maximum amount shall be 1,500,000 won; the minimum amount shall be 500,000 won) × [Contractual working hours before reduction Contractual working hours after reduction] ÷ Contractual working hours before reduction

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

Article 104-3 (Application Mutatis Mutandis) (1) Article 81 shall apply mutatis mutandis to the restriction on the payment of the benefits for reduced working hours during the period of infant care, the order to return, etc. under Article 73-2 (1) of the Act. In such cases, "job-seeking benefits" shall be construed as "benefits for reduced working hours during the period of infant care".

(2) Article 96 shall apply mutatis mutandis to the report on employment, etc. during the period of reduction in working hours during the period of infant care. In such cases, "child care leave benefits" shall be construed as "benefits for reduced working hours during the period of infant care".

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

Article 104-4 (Reducing Benefits for Reduced Working Hours during Infant Care Period)

Pursuant to Article 74 (2) of the Act, where the aggregate amount of money and valuables an insured worker has received on a monthly basis from the relevant business owner (referring to the remuneration and the money and valuables received due to reduction of working hours during the period of infant care) in the midst of the period of reduction in working hours during the period of infant care under Article 19-2 of the Equal Employment Opportunity and Work-Family Balance Assistance Act and the amount of benefits for reduced working hours during the period of infant care under Article 73-2 of the Act exceeds the ordinary monthly wage as of the month immediately preceeding the month under which the first day of reduced working hours during the period of infant care falls,the Minister of Employment and Labor shall pay the amount calculated by subtracting the excess amount from the amount of benefits for reduced working hours during the period of infant care.

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

Chapter VI EMPLOYMENT INSURANCE FUND

Article 104-5 (Special Members in Charge of Fund Management and Operation) (1) The Minister of Employment and Labor may hire special members in charge of asset management in order to manage and operate the Fund in a systematic and stable manner under Article 79 of the Act.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(2) Matters concerning qualifications of special members in charge of asset management, their services, remuneration, etc. shall be prescribed by the Minister of Employment and Labor.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

[This Article Newly Inserted by Presidential Decree No. 21348, Mar. 12, 2009]

Article 105 (Management Business, etc. of Fund) (1) "Other means of investment prescribed by Presidential Decree" in Article 79 (3) 5 of the Act means purchasing securities prescribed in Article 4 of the Financial Investment Services and Capital Markets Act .  <Amended by Presidential Decree No. 20947, Jul. 29, 2008>

(2) "Level prescribed by Presidential Decree" in Article 79 (4) of the Act means the rate of return prescribed by the Minister of Employment and Labor, considering the interest rate for a one-year term deposit (referring to the interest rate applied by national banks among the banks established under the Banking Act) or the forecast inflation rate.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22493, Nov. 15, 2010>

Article 106 (Fund Accounting)

Fund accounting shall be carried out, as prescribed in Article 11 of the National Accounting Act.  <Amended by Presidential Decree No. 23139, Sep. 15, 2011>

Article 107 (Use, etc. of Fund) (1) "Expenses prescribed by Presidential Decree" in Article 80 (1) 7 of the Act means the following expenses:

1. Expenses incurred in the management and operation of the insurance service;

2. Expenses incurred in the management and operation of the Fund;

3.Grants to agencies for vicarious execution of administrative affairs of insurance business prescribed in Article 33 of the Insurance Premiums Collection Act;

4.Payment of fees for the entrustment of projects or business affairs prescribed in the Act and the Insurance Premiums Collection Act.

(2) With regard to contributions prescribed in Article 80 (1) 6 of the Act, where an eligible recipient of contribution to be paid on a monthly basis applies for the amount of contribution to be expended the following month, the requested amount shall be reviewed by the Minister of Employment and Labor, and reasonable amount shall be paid to the person.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(3) A recipient (hereafter referred to as "contributee" in this Article) of contributions prescribed in Article 80 (1) 6 of the Act shall open separate accounts to manage the contribution, and any interest income accrued from the account shall be returned to the Minister of Employment and Labor: Provided, That a contributee may, where the contributee has obtained approval from the Minister of Employment and Labor, use the contributions in business the contributee performs by proxy or is entrusted to perform (hereafter referred to as " business for purpose of contributions" in this Article).  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(4) Contributions which remain without being used for business for purpose of contributions within an insurance year shall be returned to the Minister of Employment and Labor unless otherwise provide for in other statutes: Provided, That where a contributee has obtained approval from the Minister of Employment and Labor, he/she may carry forward such contribution to the following year to be used for business for purpose of contributions.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(5) Where a contributee has used contributions for any purpose other than the intended purpose of contribution, the Minister of Employment and Labor may request the contributee to return the corresponding amount.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

(6) A contributee shall report to the Minister of Employment and Labor the results of execution of contributions for the quarter by the 10th of the month following each quarter.  <Amended by Presidential Decree No. 22269, Jul. 12, 2010>

[This Article Wholly Amended by Presidential Decree No. 21015, Sep. 18, 2008]