Article 25 (Subsidies for Extension of Employment of Elderly People) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for extension of employment of the elderly to a business owner who runs business that meets any of the following requirements: Provided, That this shall not apply to any business owner who has at least 300 full-time employees: <Amended by Presidential Decree No. 21230, Dec. 31, 2008; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>
1. Deleted; <by Presidential Decree No. 22603, Dec. 31, 2010>
2.The retirement age shall be abolished or the existing retirement age shall be increased by one year or more to at least the age of 60: Provided, That where the retirement age at the relevant place of business is abolished and a new retirement age is established or the previous retirement age is lowered within three years before the abolishment or extension of the retirement age, subsidies for extension of employment of the elderly shall not be granted;
3. The business owner who set the retirement age at 55 shall continue to retain a person who has reached the retirement age after at least 18 months of employment or shall employ (hereinafter referred to as "re-employment" in this Article and Article 28 ) such person within three months after he/she has retired at the retirement age and shall not lay off any worker by adjustments in employment during three months before such re-employment and six months after such re-employment: Provided, That a business owner shall not be eligible for the subsidies for extension of employment of elderly people where the business owner re-employs such person for a period of less than one year or lowers the retirement age of the business place within three years before the re-employment.
(2) and (3) Deleted. <By Presidential Decree No. 22603, Dec. 31, 2010>
(4) The amount of subsidies for extended employment of elderly people for which a business owner who meets the requirement under paragraph (1) 2 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) who have been employed by the business owner continuously for at least 18 months and who is allowed to continue his/her services due to the abolishment or extension of the retirement age after he/she reaches the retirement age that was previously set, and such subsidies shall be granted for the period classified under each of the following subparagraphs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>
1.Where the retirement age is abolished: One year from the day (referring to the day when the age of 58 is reached if the previous retirement age is lower than the age of 58) immediately following the date when one year has passed from the date when the previous retirement age of a worker, whose retirement age is abolished, is reached;
2.Where the retirement age is extended: The period prescribed in each of the following items calculated from the day immediately following the date when the previous retirement age of a worker, whose retirement age is extended, is reached:
(a) Where the retirement age is extended by at least one year and less than three years: one year;
(b) Where the retirement age is extended by at least three years: two years.
(5) The amount of subsidies for extended employment of elderly people for which a business owner who meets the requirements under paragraph (1) 3 is eligible shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers (excluding persons to whom subsidies for the wage peak system under Article 28 are paid) re-employed after each of such persons reaches the retirement age, and such subsidies shall be granted for the periods classified as prescribed in each of the following subparagraphs: <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24155, Oct. 29, 2012; Presidential Decree No. 25022, Dec. 24, 2013>
1.Where the re-employment period is at least one year and less than three years: Six months;
2.Where the re-employment period is at least three years: One year.
(6) Matters necessary for application for and payment of the subsidies for extended employment of elderly people 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 25-2 (Subsidies for Employment of Elderly People Aged 60 Years or Older) (1) The Minister of Employment and Labor shall, pursuant to Article 23 of the Act, grant subsidies for employment of elderly people aged 60 years or older to the business owner of an enterprise meeting all of the following requirements:
1. That the business owner has never set any retirement age for workers after the commencement of his/her business;
2.That the ratio of the monthly average number of workers who are at least 60 years old and have been employed for not less than one year as of the last day of each month to the monthly average number of workers employed for the corresponding business on a quarterly basis shall not be less than the ratio determined and publicly notified by the Minister of Employment and Labor for each business type;
3. That the business owner receives subsidies for the promotion of employment of elderly people under Article 18 of Addenda to Presidential Decree No. 22603 of the Employment Insurance Act at least once as of the date of application for subsidies for the employment of elderly people aged 60 years or older, and he/she shall not be subject to the period when the payment of the aforementioned subsidies is restricted.
(2) The subsidies for the employment of elderly people aged 60 years or older shall not be paid where a business owner severs the employment of workers aged 55 years or older by making adjustments in employment in the period from three months before applying for subsidies for employment of elderly people aged 60 years or older pursuant to paragraph (1) (hereinafter referred to as "subsidies for employment of elderly people aged 60 years or older") to six months thereafter.
(3) The subsidies for the employment of elderly people aged 60 years or older shall be the amount calculated by multiplying the amount publicly notified by the Minister of Employment and Labor, considering the conditions of the labor market, by the number of elderly people aged 60 years or older who have been employed in excess of the ratio publicly notified by the Minister of Employment and Labor pursuant to paragraph (1) 2: Provided, That the total amount of subsidies which a business owner is eligible to receive on a quarterly basis shall not exceed the amount calculated by multiplying the amount publicly notified by the Minister of Employment and Labor pursuant to the main sentence by the number equivalent to 20/100 (10/100, if the business involved is a large enterprise) of the number of workers employed for the relevant enterprise.
(4) When calculating the number of workers for the sake of paying subsidies for employment of elderly people aged 60 years or older, the number of daily workers and persons who fall under subparagraphs 2 through 5 of Article 10 of the Act shall be excluded herefrom .
(5) Necessary matters concerning application for and payment of the subsidies for employment of elderly people aged 60 years or older shall be prescribed by Ordinance of the Ministry of Employment and Labor.
[This Article Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012]
[The Amended Provisions of This Article Shall be Effective Until December 31, 2014 as Prescribed in Article 2 (2) of Addenda to Presidential Decree No. 23513, Jan. 13, 2012]
Article 26 (Subsidies for Promotion of New Employment Opportunities) (1) The Minister of Employment and Labor shall grant subsidies for promotion of employment opportunities to a business owner who provides new employment opportunities to an unemployed person, as an insured person, who falls under any of the following subparagraphs if the person have registered himself/herself as the job seeker, with employment security offices or any of the institutions specified by Ordinance of the Ministry of Employment and Labor, pursuant to Article 23 of the Act, to promote employment of such persons as a disabled person, a female head of household, etc. who have particular difficulty finding jobs under ordinary labor market conditions (hereinafter referred to as "employment security center" in this Article): <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>
1.A person who has completed the employment assistance program, as notified by the Minister of Employment and Labor, designed for those having particular difficulty finding jobs under ordinary labor market conditions;
2.A severely disabled person under subparagraph 2 of Article 2 of the Employment Promotion and Vocational Rehabilitation of Disabled Persons Act who is in a state of unemployment for one month or more;
3.A person in a state of unemployment for one month or more who, as a person prescribed by Ordinance of the Ministry of Employment and Labor from among unemployed women responsible for supporting their family members, falls under those persons eligible for employment under the former part of Article 11 (2) of Enforcement Decree of the National Basic Living Security Act or those persons eligible for protection under Articles 5 and 5-2 of the Single-Parent Family Support Act;
4.A person who is in a state of unemployment for one month or more and has difficulty participating in the employment assistance program under subparagraph 1 because he/she resides in islands (excluding the main island of Jeju Special Self-Governing Province and islands that are connected to land by breakwaters or bridges, etc.).
(2) The amount of subsidies for promotion of new employment opportunities under paragraph (1) shall be paid where a business owner employs an insured person for at least three months: <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>
(3) The amount of subsidies for promotion of new employment opportunities under paragraph (1) shall not be paid in any of the following circumstances: <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>
1. In cases of employing a person falling under cases prescribed by Ordinance of the Ministry of Employment and Labor, such as cases where labor contracts are short-term contracts;
2. Deleted; <by Presidential Decree No. 24333, Jan. 25, 2013>
3. Where an enterprise which is not a preferentially supported enterprise employs an unemployed person aged 29 years or younger who is prescribed by the Minister of Employment and Labor;
4. Where a business owner lays off a worker (excluding the workers employed later than the person eligible for the subsidies for promotion of employment) as part of employment adjustment in the period from three months before employing the person eligible for the subsidies for promotion of employment until 12 months thereafter;
5. Where a business owner who employs the person eligible for the subsidies for promotion of employment under paragraph (1) is found to be the same business owner when the relevant worker was finally laid off. Provided, That this shall not apply where the business owner gave the relevant worker priority in employment pursuant to Article 25 (1) of the Labor Standards Act;
6. Where, as specified by Ordinance of the Ministry of Employment and Labor, a business owner who employs a person eligible for the subsidies under paragraph (1) has a business relationship with the business at the time when the relevant worker was finally severed from his/her employment, such as the case where the business owner merged his/her business with that of the other business owner at the time when the relevant worker was finally severed, or acquired said business.
(4) The amount of subsidies for promotion of new employment opportunities under paragraph (1) shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors, by the number of workers employed, and shall be paid depending on the employment period of the workers according to the following classification. In such cases, the subsidies to be paid shall not exceed 75/100 of the wages borne by the business owner during the period of payment of such subsidies: <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>
1. Where the employment period of a worker is at least three months and less than six months: three months’ worth of subsidies;
2. Where the employment period of a worker is at least six months and less than nine months: six months’ worth of subsidies;
3. Where the employment period of a worker is at least nine months and less than 12 months: nine months’ worth of subsidies;
4. Where the employment period of a worker is at least 12 months: 12 months’ worth of subsidies.
(5) The number of insured workers who become eligible for subsidies for the promotion of new employment opportunities in accordance with paragraph (1) shall not exceed 20/100 of the number of the insured as at the end of the immediately preceding insurance year for the pertinent business (or 30/100, in cases of preferentially supported enterprises, and the decimal point shall be dropped in calculation). <Amended by Presidential Decree No. 23513, Jan. 13, 2012>
(6) Notwithstanding paragraph (5), in any of the following cases, the subsidies for the promotion of new employment opportunities shall be granted to the limited number of the insured according to the following classification: <Amended by Presidential Decree No. 23513, Jan. 13, 2012>
1. Where the number of the newly employed, insured persons pursuant to paragraph (1) is more than 30: 30 persons;
2. Where the number of the insured as of the end of the immediately preceding insurance year for the pertinent business is equal to or greater than one but less than ten: three persons;
3.Where none of the insured person exists as of the end of the immediately preceding insurance year for the pertinent business: 30/100 of the number of the insured as of the date on which the insurance relation is established for the year in which an employee is newly hired (where the number of the insured is equal to or greater than one but less than ten, three persons, and where 30/100 of the number of the insured exceeds 30 persons, 30 persons).
(7) Matters necessary for application for and payment of subsidies for promotion of new employment opportunities shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 23513, Jan. 13, 2012>
[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]
Article 27 Deleted. <by Presidential Decree No. 21015, Sep. 18, 2008>
Article 28 (Subsidies for Wage Peak System) (1) The Minister of Employment and Labor shall grant subsidies for the wage peak system to workers to whom the wage peak system shall apply in any of the following cases, as prescribed by Article 23 of the Act, (hereinafter referred to as "wage peak system" in this Article): <Amended by Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>
1.Where a business owner implements a system under which an employee has his/her wage reduced based on his/her age, period of continuous employment or wage after he/she reaches the age of 55, with the consent of the representative of employees , in return for extension of the retirement age to at least the age of 60 or to at least the age of 56 but less than the age of 60;
2.Where a business owner reduces working hours in the process of implementing the system under subparagraph 1 or re-employment pursuant to subparagraph 4, and thereby reducing the agreed working hours per week to at least 15 hours but less than 30 hours;
3. Deleted; <by Presidential Decree No. 25022, Dec. 24, 2013>
4.Where a business owner who set the retirement age at 55 or older decides to re-employ (excluding cases where the period of the re-employment is less than one year) a person, who has reached retirement age, and to reduce his /her wage compared to the amount he/she received before the previous retirement.
(2) The subsidies for the wage peak system under paragraph (1) shall be paid to persons who have been employed continuously for not less than 18 months by the relevant business owner and that has his/her wage reduced, comparing his/her wage for the pertinent year with his/her peak wage (referring to the wage of the year that immediately precedes the year when the date of the first reduction of wage following implementation of the wage peak system belongs; hereinafter the same shall apply) by not less than the ratio classified as prescribed in each of the following subparagraphs (excluding the person whose wage for the pertinent year reaches or exceeds the amount publicly notified by the Minister of Employment and Labor): <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010; Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>
1.In cases of paragraph (1) 1: The ratio classified according to the extended retirement age as follows: Provided, That it shall be 10/100 for any business that has less than 300 full-time employees:
(a) For one year after the wage peak system is applied: 10/100;
(b) For a period between one year and two years after the wage peak system is applied: 15/100;
(c) For a period exceeding two years after the wage peak system is applied: 20/100;
2. In cases of paragraph (1) 2: 30/100;
3. In cases of paragraph (1) 4: 20/100: Provided, That it shall be 10/100 for any business that has less than 300 full-time employees.
(3) Subsidies for the wage peak system under paragraph (1) shall be paid the amount publicly notified by the Minister of Employment and Labor, considering the peak wage of the pertinent individual worker, the difference in his/her wage for the pertinent year , and the wage increase rate. <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 22603, Dec. 31, 2010>
(4) Subsidies for the wage peak system under paragraph (1) shall be paid for five years from the date on which the wage peak system is applied: Provided, That when the employment period is less than five years, the subsidies shall be paid for the employment period, and when re-employment is made pursuant to paragraph (1) 4 after the enforcement of the wage peak system under paragraph (1) 1, the maximum period of payment shall be five years in total. <Amended by Presidential Decree No. 25022, Dec. 24, 2013>
(5) Matters necessary for the calculation of, application for and payment of the subsidies for the wage peak system under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 22603, Dec. 31, 2010>
Article 29 (Subsidies for Stabilization of Employment during the Period of Childbirth and Child-Care) (1) The Minister of Employment and Labor shall pay subsidies for the stabilization of employment during the period of childbirth and child-care to a business owner who falls under any of the following subparagraphs, as prescribed by Article 23 of the Act: <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013; Presidential Decree No. 25388, Jun. 17, 2014>
1.Where the term of a labor contract or a temporary staffing service contract of an insured female worker who falls under any of the following items terminates during the period of a maternity leave before and after childbirth under Article 74 (1) of the Labor Standards Act (hereinafter referred to as “maternity leave”) or during the period of pregnancy, a business owner who enters into an employment contract for not less than one year with such female worker immediately after the original term of the labor contract or the temporary staffing service contract expires or within 15 months after her childbirth (in cases of the dispatched workers under item (b), including the actually served business owner under the Protection, etc. of Dispatched Workers Act):
(a) A person whose term of labor contract is not more than one year;
(b) A temporary staffing agency worker under the Protection, etc. of Dispatched Workers Act;
2.A business owner who grants an insured worker child-care leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act or shortens the working hours of an insured worker under Article 19-2 of the same Act (hereinafter referred to as to as "child-care leave, etc.") for 30 days or longer (excluding the period overlapping with the period of a maternity leave) and who continuously employs the worker as an insured for 30 days or longer after the child-care leave , etc. ends;
3. A business owner who grants or allows an insured worker a maternity leave, a miscarriage or stillbirth leave under Article 74 (3) of the Labor Standards Act (hereinafter referred to as “miscarriage or stillbirth leave”) or a child-care leave , etc. for 30 days or longer and employs a substitute worker, and who meets all the following requirements:
(a) The business owner shall employ a new substitute worker for not less than 30 days from the 30th day before the beginning of a maternity leave, a miscarriage or stillbirth leave or a child-care leave, etc. (or the 30th day before the beginning of a maternity leave if a miscarriage or stillbirth leave or a child-care leave, etc. begins consecutively after the maternity leave);
(b) The business owner shall continue to employ a worker who has used a maternity leave, a miscarriage or stillbirth leave or a child-care leave, etc. for at least 30 days after the end of the maternity leave, miscarriage or stillbirth leave or child-care leave, etc.;
(c) The business owner shall not have any employee (excluding the workers employed later than newly employed substitute workers) who is laid off by employment adjustment in the period from three months before employing a new worker as a substitute to six months thereafter.
(2) Subsidies for the stabilization of employment during the period of childbirth and child-care under paragraph (1) 1 shall be the amount determined and publicly notified by the Minister of Employment and Labor, and the amount shall be paid for a maximum period of six months during the employment of a worker concerned: Provided, That the subsidies shall be granted for a maximum period of one year during the employment of a worker concerned to the business owner who enters into a labor contract without setting any specific term of the labor contract. <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>
(3) Subsidies for the stabilization of employment during the period of childbirth and child-care under paragraph (1) 2 shall be calculated by multiplying the amount publicly notified each year by the Minister of Employment and Labor by size of business, considering the burden of labor costs borne by business owners caused by granting child-care leave, etc. by the number of months of child-care leave, etc. which were spent by the relevant worker. In such case, 50/100 of the subsidies for the stabilization of employment during the period of childbirth and child-care shall be paid when the business owner continuously employs the worker as an insured for six months or longer after the child-care leave, etc. ends. <Amended by Presidential Decree No. 23513, Jan. 13, 2012; Presidential Decree No. 24333, Jan. 25, 2013>
(4) Subsidies for the stabilization of employment during the period of childbirth and child-care under paragraph (1) 3 shall be calculated by multiplying the amount publicly notified by the Minister of Employment and Labor by size of business, considering the burden of labor costs borne by business owners due to employment of substitute workers, by the number of months for which a substitute worker has been employed during the period for which a maternity leave, a miscarriage or stillbirth leave or a child-care leave, etc. has been used. <Amended by Presidential Decree No. 23946, Jul. 10, 2012; Presidential Decree No. 24333, Jan. 25, 2013; Presidential Decree No. 25022, Dec. 24, 2013>
(5) Matters necessary for application for and payment of subsidies for the stabilization of employment during the period of childbirth and child-care under paragraph (1) shall be prescribed by Ordinance of the Ministry of Employment and Labor. <Amended by Presidential Decree No. 24333, Jan. 25, 2013>
[This Article Wholly Amended by Presidential Decree No. 22603, Dec. 31, 2010]
Article 30 Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010>
Article 31 Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010>
Article 32 Deleted. <by Presidential Decree No. 25022, Dec. 24, 2013>
Article 32-2 Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010>
Article 33 (Subsidization for Examination on Management of Employment) (1) The Minister of Employment and Labor may, pursuant to Article 25 (1) 1 of the Act, provide a business owner or a labor-management organization that receives an examination by a specialized institution in relation to a change of its wage system or re-designing of duties in order to stabilize and promote the employment of persons currently or previously insured, and other persons who are willing to have a job (hereinafter referred to as the "insured worker") with subsidies to cover part of the expenses incurred in such examination within budgetary limits. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) Matters concerning the selection of persons eligible for subsidization under paragraph (1) and the standards of the subsidies, and other matters necessary for the subsidization shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 34 Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010>
Article 35 (Stabilization and Promotion of Employment)
"Programs prescribed by Presidential Decree" in Article 25 (1) 3 of the Act means the following programs: <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 21510, May 28, 2009; Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22603, Dec. 31, 2010>
1. Programs for education and public relations on stabilization and promotion of employment of insured workers;
2. Programs for supporting employment, including referral for employment, employment and career advice, hiring of interns, and program for supporting change of occupation in order to promote employment of insured workers;
3. Programs for improving the employment environment of insured workers, who are elderly persons, women, or the disabled;
4. Support business for stable employment of employees in the construction area;
5. Deleted. <by Presidential Decree No. 22603, Dec. 31, 2010>
Article 36 (Support to Project for Assisting Employment) (1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act and subparagraph 2 of Article 35 of this Decree, provide any of the following persons with subsidies for expenses incurred in a project carried out by him/her for providing support services for employment within budgetary limits: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1.A person who provides job referral services free of charge under Article 18 of the Employment Security Act and a person who provides fee-charging job referral services under Article 19 of said Act;
2. A person who runs business providing job information under Article 23 of the Employment Security Act;
3.Any person, other than those stated above, who is recognized by the Minister of Employment and Labor as one who is capable of running business of providing support services for employment.
(2) The Minister of Employment and Labor shall, when he/she provides the subsidies under paragraph (1), publicly announce, in advance, the type and details of the projects eligible for the subsidies, the extent of the eligible insured workers, the details and standards of the subsidies, and the method of application. <Amended by Presidential Decree No. 21348, Mar. 12, 2009; Presidential Decree No. 22269, Jul. 12, 2010>
Article 37 (Support for Improving Employment Environment of Elderly People, etc.) (1) The Minister of Employment and Labor may, pursuant to Article 25 of the Act and subparagraph 3 of Article 35 of this Decree, grant subsidies or loans to cover part of the expenses to a business owner who intends to install or improve facilities or equipment necessary for stabilizing and promoting employment of insured workers, who are elderly people, women, or the disabled, within budgetary limits. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(2) Matters concerning the selection of persons eligible for the subsidies or loans under paragraph (1) and the requirements therefor, and other matters necessary for such subsidies or loans shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
Article 37-2 Deleted. <by Presidential Decree No. 22026, Feb. 8, 2010>
Article 38 (Support for Facilities for Promotion of Employment) (1) "Other facilities for the promotion of employment specified by Presidential Decree" in Article 26 of the Act refers to the following facilities: <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010>
1. Necessary facilities installed and operated by a local government for the promotion of employment for underprivileged groups in the job market pursuant to Article 11 (4) of the Framework Act on Employment Policy;
2. Facilities operated for supporting employment by schools designated by the Minister of Employment and Labor among schools under subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act;
3. Schools designated by the Minister of Employment and Labor among specialized high schools under Article 80 (1) 1 of the Enforcement Decree of the Elementary and Secondary Education Act;
4. A pool of elderly human resources under Article 11 of the Employment Promotion for the Aged Act;
5.Other facilities designed to stabilize and promote the employment of insured workers and to secure human resources for business owners, as prescribed by Ordinance of the Ministry of Employment and Labor.
(2) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover expenses incurred for the installation and operation of a facility for the promotion of employment to a person who installs and operates such facility and a person to whom the State entrusts the installation and operation of such facility. <Amended by Presidential Decree No. 21928, Dec. 30, 2009; Presidential Decree No. 22269, Jul. 12, 2010>
(3) Matters necessary for subsidization of facilities for the promotion of employment under paragraph (1) shall be prescribed by the Minister of Employment and Labor. <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
(4) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover expenses incurred for the operation of a child-care center installed and operated, independently or collaboratively, by a business owner, as prescribed by Ordinance of the Ministry of Employment and Labor. In such cases, higher subsidies standards may be set for the business owners of preferentially supported enterprises (including their association that consists of at least 50/100 of the preferentially supported enterprises; hereinafter the same shall apply in this Article). <Amended by Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 25022, Dec. 24, 2013>
(5) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies or loans to cover some of the expenses incurred for the installation of child-care centers to a business owner or an employers' association that intends to install and operate such facility independently or collaboratively, as determined by the Minister of Employment and Labor. In such cases, higher loans or subsidies standards may be set for the business owners of preferentially supported enterprises, the business owners who intend to install child-care centers for disabled children or infants, or their association. <Amended by Presidential Decree No. 22026, Feb. 8, 2010; Presidential Decree No. 22269, Jul. 12, 2010; Presidential Decree No. 23356, Dec. 8, 2011; Presidential Decree No. 25022, Dec. 24, 2013>
Article 39 (Special Exception to Projects subject to Blanket Application)
The individual projects that become subject to blanket application under Article 8 of the Insurance Premiums Collection Act shall be deemed a single project to apply Articles 17, 19, 24 through 26, and 29. <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 (Inter-Adjustment of Subsidies, Etc.) (1) Where a business owner who meets the requirements for granting of subsidies for retaining employees under Article 19 has taken any measure that corresponds to the subsidization of expenses under Article 17, granting of incentives for the promotion of employment of elderly people under Article 25 (1) 3, or requirements for the payment of subsidies for promotion of new employment opportunities under Article 26 during the period when the measures for retaining employees have been taken, subsidies for retaining employees under Article 19 shall be granted while other subsidies and incentives 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) If a worker simultaneously meets the requirements for granting subsidies for the expenses under Article 17 (1) 3 through 5, subsidies for promotion of local employment under Article 24, incentives for the promotion of employment of elderly people under Article 25, or incentives for the promotion of new employment opportunities under Article 26, only one of such subsidies and incentives shall be granted as requested by the relevant business owner. <Amended by Presidential Decree No. 21015, Sep. 18, 2008; Presidential Decree No. 22603, Dec. 31, 2010>
(3) If a business owner simultaneously meets the requirements for granting subsidies to cover expenses under Article 17 (1) 1 and 2, only one of such subsidies shall be granted as requested 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 under paragraph (3) meets the requirements for granting any of the subsidies or incentives under paragraph (2) for the period when he/she receives the relevant subsidies, the amount calculated by multiplying the amount of the subsidies or incentives under paragraph (2), as requested by the business owner, by the rate determined and publicly notified by the Minister of Employment and Labor. <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 elderly people pursuant to Article 18 of Addenda to Presidential Decree No. 22603 of the Employment Insurance Act also satisfies the requirements for the payment of subsidies for the employment of elderly people aged 60 years or older under Article 25-2, only one of the subsidies shall be paid as requested by the business owner. <Newly Inserted by Presidential Decree No. 23513, Jan. 13, 2012>
[The Amended Provisions of Paragraph (5) of This Article Shall be Effective Until December 31, 2014 as Prescribed in Article 2 (2) of Addenda to Presidential Decree No. 23513, Jan. 13, 2012]
Article 40-2 (Restrictions on Subsidization)
"Cases prescribed by Presidential Decree" under Article 26-2 of the Act means where a business owner falls under any of the following subparagraphs 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 Act on Protection and Settlement Support of North Korean Refugees;
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 to business owners for Vocational Skills Development Training) (1) "Vocational skills development training as prescribed by Presidential Decree" 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 the insured workers falling under subparagraph 1 (b) of Article 2 of the Act (hereinafter referred to as "self-employed insured worker")];
2. A training course for vocational skills development offered for persons who are not the 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 for 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 center for finding a job;
5.A training course for vocational skills development offered for insured workers (excluding self-employed insured workers) employed for the relevant business during paid leave (which shall not be annual paid leave under Article 60 of the Labor Standards Act, but which means leave paid with the wage equivalent to, or more than the ordinary wage under 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 a preferentially supported enterprise or a business owner who employs less than 150 full-time workers shall grant paid leave of not less than seven consecutive days to his/her employees to enable them to attend the training course for not less than 30 hours;
(b) Any business owner falling under item (a)shall continuously grant paid leave of not less than 30 days to the relevant workers to have them attend the training course for not less than 120 hours and employ substitute workers;
(c) Any business owner other than those falling under item (a) shall continuously grant paid leave of not less than 60 days to workers who have been employed for one year or longer to have them attend the training course for not less than 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 not less than 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), the standards of the subsidies may be set higher for business owners who conduct vocational skills development training for persons falling under any of the following subparagraphs, as determined and publicly notified by the Minister of Employment and Labor. In such cases, an amount equivalent to the full or partial amount of the wages paid during the training period may also be further subsidized: <Amended by Presidential Decree No. 22269, Jul. 12, 2010>
1.Fixed-term workers under subparagraph 1 of Article 2 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers;
2. Part-time workers under Article 2 (1) 8 of the Labor Standards Act;
3.Temporary staff agency workers under the Act on the Protection, etc. of Temporary Agency Workers;
4. Daily workers.
(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>
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