ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT

영문법령 불러오는 중…

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT — 법갈피

Article 2(Scope of application) #

(1) "Types of employing units prescribed by Presidential Decree" in the proviso of Article 8(1) of the Act means any of the following projects: <Amended on Sep. 18, 2008; Mar. 12, 2009; Jun. 30, 2015; Jun. 8, 2021>

1. Deleted; <Jun. 25, 2024>

2. Any of the following projects; provided, any project performed by any person who falls under the subparagraphs of Article 15(2) of the Act shall be excluded herefrom:

a. A project for which the total construction costs as defined in Article 2(1)2 of the Enforcement Decree of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereafter in this Article referred to as the "Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection") do not exceed 20 million won;

b. A project for construction of a building with a total floor area of not more than 100 square meters or substantial repair of a building with a total floor area of not more than 200 square meters;

3. Employment activity of households and other unclassified self-consumption and self-production.

(2) The scope of business falling under any of the subparagraphs of paragraph (1) shall be as prescribed in the standard classification of industries as publicly notified by the Minister of Data and Statistics under Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Industrial Classification Table"), except as otherwise provided in the Act or this Decree. <Amended on Oct. 1, 2025>

(3) Where a construction project the total construction costs of which were estimated to be less than 20 million won becomes a project worth at least 20 million won because of a change in its design (including cases where there is an actual change in its design) or where the construction project becomes subject to the blanket application pursuant to Article 8(1) or (2) of the Act on the Collection of Insurance Premiums for Employment Insurance and Industrial Accident Compensation Insurance (hereinafter referred to as the "Act on Employment and Industrial Accident Premium Collection"), all provisions of the Act shall become applicable to such project on the date such event occurs. <Amended on Jun. 8, 2021>

Article 3-2(Purchase of insurance by public officials in extraordinary civil service or fixed-term position) #

(1) The head of an administrative agency (hereinafter referred to as "competent agency") who appoints any public official in extraordinary civil service or in a fixed-term position (hereinafter referred to as "public official eligible for employment insurance") shall confirm without delay whether the public official seeks to be insured pursuant to the proviso of Article 10(1)3 of the Act when the public official is first appointed to the relevant competent agency. <Amended on Sep. 15, 2011; Nov. 20, 2013; Jun. 25, 2019>

(2) The head of a competent agency shall file an application for purchase of employment insurance with the Minister of Employment and Labor on behalf of a public official eligible for employment insurance after confirming whether the public official seeks to be insured pursuant to paragraph (1) within three months from the date of appointment; provided, the relevant public official may directly apply for purchase during the same period if such public official intends to do so; in such cases, the head of the competent employment security office shall notify the head of the competent agency of such application for purchase. <Amended on Sep. 15, 2011; Oct. 18, 2016>

(3) Where any application for purchase is filed pursuant to paragraph (1) or (2), the public official eligible for employment insurance is deemed to have been insured on the day immediately following the date of application. In such cases, if the insured public official is appointed to another extraordinary civil service or fixed-term position following the change of his or her official status, the public official shall maintain his or her insured status, even if he or she has not applied for additional purchase, separately. <Amended on Nov. 20, 2013>

(4) Where an insured public official intends to withdraw from the employment insurance policy, the public official shall apply for withdrawal to the Minister of Employment and Labor. In such cases, the insured public official is deemed to lose his or her insured status on the day immediately following the date of application for withdrawal. <Amended on Oct. 18, 2016>

(5) Any person who continues to serve as a public official in an extraordinary service or in a fixed-term position shall not be reinsured and covered by employment insurance after withdrawal from employment insurance under paragraph (4); provided, where a public official who withdrew from insurance is reinsured pursuant to the Act and this Decree after the person has resigned from the position of a public official eligible for employment insurance (including cases where he or she has been appointed as a public official, other than a public official in extraordinary service or in a fixed-term position), if the qualifying days in covered employment is calculated under Article 40(1)1 of the Act, the number of days in covered employment for which remuneration is paid under Article 41(1) of the Act, among the previous insured period in service as a public official eligible for employment insurance, shall be summed up, and if an insured period is calculated under Article 50 of the Act, the previous insured period prior to withdrawal shall be counted towards the insured period for calculation prescribed by that Article. <Amended on Sep. 15, 2011>

(6) An insurance premium rate for a public official who has been insured shall be a premium rate of unemployment benefit prescribed in Article 12(1)2 of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection, and borne equally by the competent agency and the insured public official. <Amended on Mar. 31, 2020; Jun. 8, 2021>

(7) Procedures for subscription to and withdrawal from insurance referred to in paragraphs (1) through (4) shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>

[This Article Added on Sep. 18, 2008]

[Title Amended on Nov. 20, 2013]

Article 3-3(Scope of application of the Act to foreigners) #

The scope of application of the Act to foreigners under Article 10-2(2) of the Act shall be classified as follows: <Amended on Jun. 27, 2023>

1. Any of the following foreigners who have signed an employment contract, among foreigners under Article 10-2(2) of the Act: Applying all provisions of the Act:

a. A person who holds the status of stay for intra-company transfer (D-7), corporate investment (D-8), or trade/management (D-9) (excluding where the laws of a foreigner's home country, which are relevant to premiums and benefits of insurance equivalent to the employment insurance under the Act, are not applicable to nationals of the Republic of Korea) among the status of stay granted to foreigners prescribed in Article 12 of the Enforcement Decree of the Immigration Act;

b. A person who holds the status of permanent residence (F-5) among the status of stay granted to foreigners prescribed in Article 12-2 of the Enforcement Decree of the Immigration Act;

c. A person who falls under any of the subparagraphs of Article 23(2) of the Enforcement Decree of the Immigration Act;

2. Any of the following foreigners who have signed an employment contract, among foreigners under Article 10-2(2) of the Act: Applying all provisions of the Act, if the foreigner has filed an application for subscription to insurance as prescribed by Decree of the Ministry of Employment and Labor:

a. A person who holds the status of stay as an overseas Korean (F-4) among the status of stay granted to foreigners prescribed in Article 12 of the Enforcement Decree of the Immigration Act;

b. A person who holds the status of stay that entitles him or her to engage in job-seeking activities under Article 23(1) of the Enforcement Decree of the Immigration Act.

3. Any of the following foreigners who have entered into a contract related to culture and arts services under Article 77-2(1) of the Act (hereinafter referred to as "contract related to culture and arts services") (hereinafter referred to as "foreign artist") or who have entered into a contract for providing labor under Article 77-6(1) of the Act (hereinafter referred to as "labor contract") (hereinafter referred to as "foreign worker"), among foreigners under Article 10-2(2) of the Act: Applying provisions regarding artists or workers prescribed in Chapter I, II, IV, V-2, V-3, VI, VIII, or IX of the Act:

a. A person who holds the status of permanent residence (F-5) among the status of stay granted to foreigners prescribed in Article 12-2 of the Enforcement Decree of the Immigration Act;

b. Any person specified in the subparagraphs of Article 23(2) of the Enforcement Decree of the Immigration Act;

4. Any of the following foreigners who are either a foreign artist or a foreign worker, among foreigners under Article 10-2(2) of the Act: Applying provisions regarding artists or workers prescribed in Chapter I,II,IV,V-2,V-3,VI,VIII, or IX of the Act, if the foreigner has filed an application for subscription to insurance as prescribed by Decree of the Ministry of Employment and Labor:

a. A person who holds the status of stay as an overseas Korean (F-4) among the status of stay granted to foreigners prescribed in Article 12 of the Enforcement Decree of the Immigration Act;

b. A person who holds the status of stay that entitles him or her to engage in job-seeking activities under Article 23(1) of the Enforcement Decree of the Immigration Act.

[This Article Added on Jun. 25, 2019]

[Title Amended on Jun. 27, 2023]

Article 11-2(Standards for acquisition of insured status) #

(1) An employee who is concurrently employed by at least two covered employing units as prescribed in Article 18(1) of the Act shall acquire insured status in the following order; provided, in cases of concurrent employment as a daily hire employee and as a non-daily hire employee, priority shall be given to the employing unit where such employee is employed as a non-daily hire employee for the acquisition of the insured status:

1. An employing unit that pays higher average monthly remuneration under Article 16-3 of the Act on Employment and Industrial Accident Premium Collection (in cases of an employee for whom subsidies for employee retention under Article 21-3 have been granted, referring to the average monthly remuneration calculated based on the total remuneration for the year immediately preceding the year in which the payment of the subsidies began);

2. An employing unit with more contractual monthly working hours;

3. An employing unit chosen by the employee.

(2) Where an artist under Article 77-2(1) of the Act (hereinafter referred to as "artist") has concurrently entered into an employment contract, a contract related to culture and arts services, or a labor contract with at least two covered employing units as prescribed in Article 18(4), he or she shall acquire insured status as follows:

1. Where the artist has concurrently entered into at least two contracts related to culture and arts services, he or she shall acquire insured status from all employing units;

2. Where the artist has entered into a contract related to culture and arts services concurrently with an employment contract or a labor contract, he or she shall acquire insured status from all employing units;

3. Where the artist has entered into a contract related to culture and arts services concurrently with at least two employment contracts, subparagraphs 1 and 2 shall apply, and paragraph (1) shall apply to the limitation on dual acquisition of insured status as an employee.

(3) Where a worker under Article 77-6(1) of the Act (hereinafter referred to as "worker") has concurrently entered into an employment contract, a contract related to culture and arts services, or a labor contract with at least two covered employing units as prescribed in Article 18(4) of the Act, he or she shall acquire insured status as follows:

1. Where the worker has concurrently entered into at least two labor contracts, he or she shall acquire insured status from all employing units;

2. Where the worker has entered into a labor contract concurrently with an employment contract or a contract related to culture and arts services, he or she shall acquire insured status from all employing units;

3. Where the worker has entered into a labor contract concurrently with at least two employment contracts; subparagraphs 1 and 2 shall apply, and paragraph (1) shall apply to the limitation on dual acquisition of the insured status as an employee.

[This Article Added on Jun. 27, 2023]

Article 12(Scope of enterprises eligible for priority support) #

(1) "Enterprises that meet the standards prescribed by Presidential Decree" in Article 19(2) of the Act means any enterprise whose number of regular workforce meets the standard listed in Appendix 1 provided separately for each industry (hereinafter referred to as "enterprise eligible for priority support"): <Amended on Mar. 12, 2009; Oct. 29, 2012; Dec. 31, 2021>

1. Deleted; <Oct. 29, 2012>

2. Deleted; <Oct. 29, 2012>

3. Deleted; <Oct. 29, 2012>

4. Deleted; <Oct. 29, 2012>

5. Deleted. <Oct. 29, 2012>

(2) Notwithstanding paragraph (1), an enterprise that does not fall under paragraph (1) but meets the standards referred to in Article 2(1) or (3) of the Framework Act on Small and Medium Enterprises shall be deemed an enterprise eligible for priority support. <Amended on Oct. 29, 2012; Dec. 31, 2021>

(3) Where an enterprise eligible for priority support prescribed in paragraph (1) loses its eligibility for priority support due to expansion in its size or other grounds, the enterprise shall be construed as an enterprise eligible for priority support for five years from the year immediately following the year in which such cause arises. <Added on Dec. 31, 2010; Jan. 25, 2013; Dec. 31, 2021>

(4) Notwithstanding paragraphs (1) through (3), a company that belongs to the conglomerates designated as those subject to the restrictions on mutual investments pursuant to Article 31(1) of the Monopoly Regulation and Fair Trade Act shall not be construed as an enterprise eligible for priority support for the insurance year immediately following the insurance year during which the designation was made, and thereafter. <Amended on Dec. 31, 2010; Dec. 30, 2016; Dec. 28, 2021; Dec. 31, 2021>

(5) The criteria for determining whether an enterprise is eligible for priority support pursuant to paragraph (1) shall be as follows: <Amended on Mar. 12, 2009; Dec. 31, 2010; Jan. 13, 2012; Oct. 29, 2012; Aug. 11, 2016; Dec. 31, 2021>

1. The number of regular workforce shall be the number calculated by dividing the aggregate number of employees working for all the projects carried out by a business owner as of the end of each month of the preceding year (if a construction business is involved, the number of its daily hire employees shall be subtracted therefrom) by the number of months in operation in the preceding year, and the number of regular workforce for projects concerning management of collective housing prescribed in the Multi-Family Housing Management Act shall be the number of employees calculated separately for each employing unit. In such cases, when calculating the number of regular workforce, any part-time employee whose contractual monthly working hours are at least 60 hours shall be counted as 0.5, and any part-time employee whose contractual monthly working hours are less than 60 hours shall be excluded from the calculation;

2. Where a business owner runs business in at least two different industries, the classification shall be made based on the industry in which he or she has the greater number of regular workforce, while the classification shall be made based on the total amount of wages or the amount of sales in the aforementioned order where the number of regular workforce for each industry is the same.

(6) Notwithstanding paragraph (5), it shall be determined as of the date of formation of an insurance contract as to whether a business owner for whom the insurance relations are established during an insurance year is qualified as an enterprise eligible for priority support. <Amended on Dec. 31, 2010; Dec. 31, 2021>

Article 17(Subsidization for job creation) #

(1) The Minister of Employment and Labor may partially subsidize wages for any of the following business owners pursuant to Article 20 of the Act; provided,, in the case of subparagraph 1, he or she may reimburse employees whose working hours have been reduced for a portion of his or her lost wages and some of expenses required for installing facilities, and in the case of subparagraph 2, some of expenses for installing facilities: <Amended on Sep. 15, 2011; Dec. 24, 2013; Aug. 19, 2015; Dec. 4, 2015; Dec. 30, 2016; Dec. 26, 2017; Dec. 31, 2019; Dec. 31, 2021>

1. Where the number of employees increases due to recruitment of unemployed persons by reducing working hours, restructuring work shifts, and providing periodic educational training or sabbatical leave, etc. (hereinafter referred to as "job sharing");

2. Where there is an increase in the number of employees due to the improvement of employment conditions by installing and operating the facilities determined by the Minister of Employment and Labor and recruiting unemployed persons;

3. Where unemployed persons are newly hired on an hourly basis without fixing the term of a labor contract by dividing duties, restructuring a labor system, or developing part-time duties, etc.;

4. Where an enterprise falling under the types of business with good prospects for growth, the types of business in which imbalance between labor supply and demand exists, or the types of business that require employment subsidies including enterprises that have moved operations back to the Republic of Korea and region-specific industries, following deliberations and decisions by the Committee, hires the unemployed;

5. Where an enterprise eligible for priority support falling under the types of business deliberated and resolved by the Committee hires those with professional qualifications prescribed by the Minister of Employment and Labor (hereinafter referred to as "professional human resources");

6. Where a business owner hires an unemployed youth between 15 and 34 years of age through an introduction of a wage peak system under Article 28, a wage reduction system under Article 28-2, or any other changes in its wage system;

7. Where the Minister of Employment and Labor newly hires an aged or middle-aged person pursuant to subparagraph 1 or 2 of Article 2 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion for a job deemed suitable for such aged or middle-aged person.

(2) In cases of providing subsidies pursuant to paragraph (1), matters necessary for subsidization, such as persons eligible for subsidization, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods, shall be determined and publicly notified by the Minister of Employment and Labor. <Amended on Jun. 28, 2022>

[This Article Added on Dec. 31, 2010]

[Paragraph (1)6 of this Article shall be effective until December 31, 2018 pursuant to Article 2 of the Addenda to the Presidential Decree No. 26496 promulgated on August 19, 2015; provided, the amended provisions of Article 17(1)6 shall apply to subsidies for a business owner who hires unemployed youth through measures, such as the introduction of a wage peak system or other changes in a wage system, in accordance with the amended provisions of Article 17(1)6 by December 31, 2018, even after the effective period expires.]

Article 19(Eligibility for subsidies for employee retention) #

(1) The Minister of Employment and Labor shall, pursuant to Article 21(1) of the Act, grant subsidies to retain employees (hereinafter referred to as "subsidies for employee retention") to a business owner, where the business owner who finds it unavoidable to make adjustments in employment takes any of the following measures (hereinafter referred to as "employee retention measures") for the insured recruited to engage in the business operated by him or her and have been insured for more than 90 days [excluding daily hire employees, persons notified of dismissal in advance under Article 26 of the Labor Standards Act, and those scheduled to retire upon the business owner's recommendation due to worsening management conditions, the spouse or lineal ascendants or descendants of the business owner (in cases of a corporation, referring to its representative); hereafter in Articles 21, 21-3, 21-4, 22, and 22-2, subparagraph 8 of Article 35, and Article 37-3, the same shall apply) and where he or she does not sever the employment relationship with the insured through employment adjustment during the implementation period of the employee retention measures and one month thereafter: <Amended on Apr. 30, 2008; Mar. 12, 2009; May 28, 2009; Jul. 12, 2010; Dec. 31, 2010; Apr. 22, 2013; Dec. 24, 2013; Dec. 26, 2017; Dec. 29, 2020; Dec. 26, 2023>

1. Where the business owner reduces working hours in excess of 20/100 of the total working hours per calendar month of all insured by adjusting working hours, restructuring work shifts (referring to dividing employees into groups and having them work in shift; hereinafter the same shall apply), suspending business, or taking other measures, and pays money and valuables in order to compensate for lost wages due to reduced work hours. In such cases, necessary matters concerning the method of calculating the working hours, including the total working hours of all of the insured, etc., shall be prescribed by Decree of the Ministry of Employment and Labor;

2. Where money and valuables are paid to compensate for lost wages during the period of leave of absence granted for at least one month.

(2) Notwithstanding paragraph (1), if a business owner falls under any of the following cases, no subsidies for employee retention shall be paid for the relevant month, except in cases deemed unavoidable by the head of the competent employment security office: <Amended on Dec. 26, 2023>

1. Where a business owner newly employs employees during the implementation period of employee retention measures under paragraph (1);

2. Where a business owner takes employee retention measures in the same month for at least 3 consecutive years;

3. Where a business owner has received subsidies for employee retention for 2 years before the day before the date on which the business owner intends to take employee retention measures, if he or she severs the employment of at least 10/100 or more of the insured employees under his or her jurisdiction as a result of employment adjustment within 6 months from the day following the last day of the implementation period of such measures.

(3) Notwithstanding paragraph (1), where a business owner for whom employment adjustment has become unavoidable pursuant to Article 21(1) of the Act falls under any of the following cases, the Minister of Employment and Labor may set the period for acquiring insured status of the insured subject to employee retention measures differently based on the period determined and publicly notified by the Minister of Employment and Labor: <Added on Dec. 29, 2020>

1. Where the business owner falls under any subparagraph of Article 18(2);

2. Where employment conditions have worsened rapidly due to a disaster, etc. under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety.

(4) Notwithstanding paragraph (1), where a temporary work agency or a business owner to whom a contract is awarded (hereafter in this paragraph referred to as "contracted business owner") falls under any of the following, the Minister of Employment and Labor shall provide the temporary work agency or the contracted business owner with subsidies for employee retention after calculating the number of reduced working hours or the period of leave of absence for the insured working at the places of business of the user company or the relevant business owner awarding the contract: <Added on Dec. 29, 2020; Dec. 24, 2024>

1. Where a temporary work agency prescribed in the Act on the Protection of Temporary Agency Workers takes employee retention measures targeting temporary agency workers under that Act (hereinafter referred to as "temporary agency worker") in the place of business of the user company at which employee retention measures are being implemented and does not sever the employment relationship with the relevant insured as part of an employment adjustment during the implementation period of the measures and for one month thereafter;

2. Where the contracted business owner takes employee retention measures targeting the insured in the place of business of the owner awarding a contract, and does not sever the employment relationship with the relevant insured during the implementation period of the measures and for one month thereafter.

(5) Except as provided in paragraphs (1) through (4), matters necessary for subsidization, such as persons eligible for subsidies for employee retention, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods, shall be determined and publicly notified by the Minister of Employment and Labor. <Added on Jun. 28, 2022>

Article 20(Preparation of and reporting on plans for employee retention measures) #

(1) A business owner who intends to receive subsidies for employee retention prescribed in Article 19 shall prepare plans for employee retention employees for each calendar month in compliance with the following requirements, as prescribed by Decree of the Ministry of Employment and Labor, and report it to the Minister of Employment and Labor by the day before the date of a scheduled implementation of such measures, and where he or she modifies matters prescribed by Decree of the Ministry of Employment and Labor in the reported plan, such as the scheduled implementation date, the persons subject to such measures, and money and valuables to be paid while such measures are taken, he or she shall report such modifications to the Minister of Employment and Labor by the day before the scheduled modification date: <Amended on Mar. 12, 2009; May 28, 2009; Feb. 8, 2010; Jul. 12, 2010; Dec. 31, 2010; Apr. 22, 2013; Dec. 24, 2013>

1. The business owner shall consult with the representative of employees recruited to engage in the employing unit in preparing or modifying employee retention measures; provided, cases where detailed plans for employee retention measures to be modified are not unfavorable to employees, such as reduction of period during which employee retention measures are taken or reduction in the number of people eligible to remain employed in order to restore employment conditions back to the level seen before business deterioration, shall be excluded herefrom;

2. The business owner shall prepare a document that describes the detailed implementation plans for retaining employees for the previous month (excluding the month to which the first date of implementation of the employee retention measures belongs) and related evidentiary documents.

(2) Notwithstanding paragraph (1), a business owner may report by the following deadlines from the date of implementation or change of the employment retention measures where there exists any other unavoidable cause prescribed in any of the following subparagraphs: <Amended on Dec. 29, 2020; Sep. 23, 2025>

1. In any of the following cases: 30 days:

a. Where an owner of an employing unit located in an area declared as a special disaster area pursuant to Article 60 of the Framework Act on the Management of Disasters and Safety takes employee retention measures due to said special disaster;

b. Where an order is issued for suspension of classes, a disposition of temporary closure of kindergartens, or of schools under Article 31 of the Early Childhood Education Act, Article 64 of the Elementary and Secondary Education Act, or Article 61 of the Higher Education Act;

c. Where a measure under Article 49(1)2 of the Infectious Disease Control and Prevention Act is taken;

2. Any of the following cases, other than those under subparagraph 1: 3 days:

a. Where consultation between labor and management on whether to formulate and implement a plan for employee retention measures is delayed due to the absence of representative of labor or of management, etc.;

b. Where an employing unit that supplies or is supplied with at least 50 percent of products or raw materials unexpectedly reduces or closes its operations;

c. Where there is a natural disaster or any other unavoidable cause recognized by the Minister of Employment and Labor.

(3) Deleted. <Dec. 24, 2013>

(4) Deleted. <Feb. 8, 2010>

(5) Deleted. <Apr. 22, 2013>

[Title Amended on Apr. 22, 2013]

Article 21(Amount of subsidies for employee retention) #

(1) The amount of subsidies for employee retention shall be each of the following amounts; provided, when the Minister of Employment and Labor deems it necessary for employment security due to worsening unemployment, such as a rapid increase in the unemployment rate, the amount shall be equivalent to the rate determined and publicly notified by the Minister of Employment and Labor of at least 3/4 and not more than 9/10 (2/3 for an enterprise other than those eligible for priority support (hereinafter referred to as "large enterprise")) of the money and valuables provided by the business owner to compensate for the lost wage of the insured for a period of up to one year prescribed and publicly notified by the Minister of Employment and Labor: <Amended on Dec. 31, 2014; Dec. 26, 2017; Apr. 28, 2020; Dec. 31, 2021>

1. Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, leave of absence, etc. are less than 50/100 of working hours per calendar month: An amount equivalent to 2/3 (1/2 for a large enterprise) of the money and valuables provided by the business owner to compensate for the lost wages of the insured whose working hours are reduced or who take a leave of absence;

2. Where the working hours reduced due to the adjustment of working hours, the restructuring of work shifts, suspension of business, layoff, etc. are at least 50/100 of working hours per calendar month: An amount equivalent to 2/3 of the money and valuables provided by the business owner to compensate for the lost wages of the insured whose working hours are reduced or who are laid off.

(2) Subsidies for retaining employees prescribed in paragraph (1) shall be granted for each measure taken to retain employees only until the number of days during which such measure is taken (the day on which two or more measures are taken simultaneously for retaining employees shall be counted as one day) reaches 180 days during the period of the pertinent insurance year. <Amended on Dec. 24, 2013; Dec. 26, 2017>

(3) Notwithstanding paragraph (2), subsidies for employee retention for the insurance year of 2020 shall be granted until the sum of the implementation periods of employment retention measures reaches 240 days. <Added on Oct. 20, 2020>

(4) Deleted. <Dec. 24, 2013>

(5) Subsidies for employee retention granted pursuant to paragraph (1) shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per employee subject to each measure for retaining employees taken. <Amended on Jul. 12, 2010; Jan. 13, 2012>

[Title Amended on Apr. 22, 2013]

Article 21-3(Requirements for granting subsidies to the insured in cases of business suspension) #

(1) When a business owner suspends business or grants employees a leave of absence (hereinafter referred to as "business suspension, etc.") instead of making employment adjustment in spite of causes making it unavoidable to make such adjustment prescribed by Decree of the Ministry of Employment and Labor pursuant to the latter part of Article 21(1) of the Act, if such business suspension, etc. falls under any of the following, the Minister of Employment and Labor may grant subsidies to the relevant insured: <Amended on Jun. 9, 2020; Sep. 29, 2020; Dec. 29, 2020>

1. Where a business owner suspends business for at least 30 days for the number of the insured under classification made in each of the following circumstances and does not pay business suspension allowances after obtaining approval of the Labor Relations Commission pursuant to Article 46(2) of the Labor Standards Act, or pays business suspension allowances equivalent to the amount less than 50/100 of the average wage:

a. Where the total number of the insured is not more than 19: At least 50/100 of the total number of the insured;

b. Where the total number of the insured is at least 20 and not more than 99: At least 10 insured;

c. Where the total number of the insured is at least 100 and not more than 999: At least 10/100 of the total number of the insured;

d. Where the total number of the insured is at least 1,000: At least 100 insured;

2. Where a business owner grants the insured a leave of absence classified as follows for at least 30 days after implementing the employee retention measures under Article 19(1)1 or the employee retention measures under subparagraph 2 of that paragraph targeting at least 20/100 of the number of the insured for at least three months within one year before the commencement of the period of leave of absence, and does not pay money and valuables to them during that period by mutual consent with the representative of the employees (referring to the labor union if there exists a labor union consisting of more than one-half of the total number of employees, and the person who represents more than one-half of the total number of employees if such labor union does not exist; hereafter in this paragraph the same shall apply):

a. Where the total number of the insured is not more than 99: At least 10 insured;

b. Where the total number of the insured is at least 100 and not more than 999: At least 10/100 of the total number of the insured;

c. Where the total number of the insured is at least 1,000: At least 100 insured;

3. Where a business owner comes to satisfy the following requirements (limited to an owner of a place of business with less than 10 insured) after implementing and maintaining the employee retention measures prescribed in Article 19(1)1 or the ones prescribed in subparagraph 2 of that paragraph targeting at least 20/100 of the insured for at least three months, cases where the business owner grants the insured working in his or her place of business a leave of absence for at least 30 days and does not pay them money or valuables such as allowances for a leave of absence during that period, in accordance with an agreement with the representative of employees:

a. Where employment conditions have worsened rapidly due to a disaster, etc. under subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety;

b. Where the subsidy for employee retention is received for 180 days under Article 21(2) during the period of the relevant insurance year.

(2) The amount of the subsidies prescribed in paragraph (1) shall be determined by the Minister of Employment and Labor within the range of 50/100 of the average wage of the relevant insured, taking into account the wages or allowances paid by the business owner to the said insured. In such cases, the amount of subsidies shall not exceed the amount determined and publicly notified by the Minister of Employment and Labor per insured eligible for subsidies for such reasons as business suspension, etc.

(3) The period of payment of subsidies under paragraph (2) shall not exceed 180 days per insured during the period of business suspension, etc. <Amended on Dec. 26, 2023>

(4) Where the Minister of Employment and Labor provides the insured with subsidies pursuant to paragraph (1), the business owner shall prepare a plan for retaining employees that includes necessary measures for the development and improvement of vocational skills of the recipient and submit the plan to the Minister of Employment and Labor.

(5) Where emergency measures are necessary for job security as disasters prescribed in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety took a heavy toll on the economy, resulting in soaring unemployment, subsidies may be paid to the insured who fail to meet the eligibility requirements for subsidies under paragraph (1)2 until June 30, 2021 following deliberation by the Employment Policy Council with the requirements for and the level of subsidization determined by public notice. In such cases, a period of subsidization by public notice shall not exceed six months, and may be extended by up to six months where necessary. <Added on Jun. 9, 2020>

(6) Except as provided in paragraphs (1) through (5), matters necessary for subsidization, such as persons eligible for subsidies for the insured following business suspension, requirements for subsidization, level of subsidization, subsidization period, application period, and application methods and procedures, shall be determined and publicly notified by the Minister of Employment and Labor. <Amended on Jun. 9, 2020; Jun. 28, 2022>

[This Article Added on Apr. 22, 2013]

[The amended provisions of paragraph (3) of this Article shall be effective until December 31, 2022 pursuant to Article 2(2) of the Addenda to the Presidential Decree No. 31324 promulgated on January 13, 2012.]

Article 24(Subsidies for promotion of local employment) #

(1) The Minister of Employment and Labor shall grant subsidies for promotion of local employment to a business owner who relocates his or her employing unit to a designated area, or newly establishes or expands an employing unit in a designated area as set forth in Article 22 of the Act and who meets all the following requirements: <Amended on Dec. 30, 2009; Jul. 12, 2010; Dec. 31, 2010; Jun. 8, 2021; Feb. 17, 2022>

1. During the period of support for employment adjustment, etc. (hereafter in this Article referred to as "designated period") as publicly notified pursuant to Article 29(3) of the Enforcement Decree of the Framework Act on Employment Policy, a local employment plan concerning relocation, establishment, or expansion of an employing unit, and employment of employees resulting therefrom shall be prepared and reported to the Minister of Employment and Labor;

2. The business owner shall implement the local employment plan reported to the Minister of Employment and Labor pursuant to subparagraph 1;

3. The operation of the business relocated, newly established, or expanded shall commence within one year and six months from the date the plan for local employment is submitted;

4. The business owner shall employ persons who have resided in the designated area or any other designated area for at least three months as of the date the operation of the business relocated, newly established, or expanded commences (hereafter in this Article referred to as "date of commencement of operation") as the insured for the relevant business;

5. The business shall be deemed necessary by the Employment Policy Council;

6. The business owner shall keep a record of the current status of implementation of the local employment plan and the current status of wages paid to the insured employed while implementing the plan.

(2) Upon the commencement of operation prescribed in paragraph (1)3, a business owner who intends to receive subsidies for promotion of local employment shall report such fact to the Minister of Employment and Labor. <Amended on Jul. 12, 2010>

(3) The amount of subsidies for promotion of local employment shall be equivalent to 1/2 (or 1/3 for a large enterprise) of the wages paid to the insured employed under paragraph (1)4, and shall not exceed the amount publicly notified by the Minister of Employment and Labor as set forth in Article 21(5). <Amended on Dec. 31, 2010; Jan. 13, 2012>

(4) Subsidies for promotion of local employment shall be paid for up to one year from the date of commencement of operation. <Amended on Dec. 31, 2010>

(5) Where the number of the insured employed pursuant to paragraph (1)4 during a designated period exceeds 200 persons, subsidies for promotion of local employment shall be granted only for 30/100 out of the number of persons in excess thereof.

(6) No subsidies for promotion of local employment shall be paid in any of the following cases: <Added on Dec. 31, 2010; Dec. 24, 2013; Dec. 30, 2016; Aug. 27, 2020; Jun. 28, 2022; Jun. 27, 2023>

1. Where the employment period of the insured who are employed pursuant to paragraph (1)4 is less than six months;

2. Where a business owner has severed the employment of his or her employees through employment adjustment during the period between three months before the date of commencement of operation and one year after the date of commencement of operation;

3. Where the business owner who has employed a job seeker as an insured as set forth in paragraph (1)4 is found to be the same business owner as at the time the employment of the insured was most recently severed (limited to severance from employment within one year before the employment of the relevant insured; hereafter in subparagraph 4 the same shall apply); provided, this shall exclude cases where the business owner has given priority to the relevant employee in employment pursuant to Article 25(1) of the Labor Standards Act;

4. Where the business owner who has employed a job seeker as an insured under paragraph (1)4 is related to the business in which the relevant employee had been engaged at the time his or her employment was most recently severed, such as cases where the business owner has merged his or her business with, or has acquired, that of the other business owner as at the time the employment of the relevant employee was most recently severed;

4-2. Where the business owner delayed payment of wages, etc. and his or her name is disclosed pursuant to Article 43-2 of the Labor Standards Act;

5. Where a business owner pays wages less than the minimum wage amount under Article 5 of the Minimum Wage Act to a worker employed pursuant to paragraph (1)4; provided, cases where the relevant employee is an employee excluded from applying the minimum wage pursuant to Article 7 of that Act shall be excluded herefrom;

6. Where a business owner (referring to the representative of a corporation, if the business owner is a corporation) employs his or her spouse, or lineal ascendants or descendants as an employee referred to in paragraph (1)4;

7. Where a worker employed pursuant to paragraph (1)4 was eligible for subsidies for promotion of local employment for at least two years during the three years prior to the date of employment;

8. Where a case falls under the subjects or types of business determined and publicly notified by the Minister of Employment and Labor as not conforming to the purpose of subsidization under Article 22 of the Act.

(7) Deleted. <Dec. 24, 2013>

(8) Matters necessary for application for and payment of subsidies for promotion of local employment, such as the application period, shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010; Dec. 31, 2010; Jun. 28, 2022>

Article 26(Incentives for employment promotion) #

(1) The Minister of Employment and Labor shall grant incentives for promotion of employment to a business owner who hires any of the following unemployed persons, as an insured if the person has registered himself or herself as a job seeker with employment security offices or any of the institutions specified by Decree of the Ministry of Employment and Labor, pursuant to Article 23 of the Act, to promote employment of persons with disabilities, female heads of household, etc. who have particular difficulty finding jobs under ordinary labor market conditions (hereafter in this Article referred to as "employment security office"): <Amended on Jan. 13, 2012; Jan. 25, 2013; Dec. 30, 2016; Jul. 2, 2019; Jun. 9, 2020; Jun. 8, 2021; Jun. 25, 2024>

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 person with a severe disability prescribed in subparagraph 2 of Article 2 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities who is in a state of unemployment for at least one month;

3. A person in a state of unemployment for at least one month who, as a person prescribed by Decree of the Ministry of Employment and Labor, among unemployed women responsible for supporting their family members, is eligible for employment assistance prescribed in the former part of Article 11(2) of Enforcement Decree of the National Basic Living Security Act or entitled to protection prescribed in Articles 5 and 5-2 of the Single-Parent Family Support Act;

4. Deleted; <Jun. 25, 2024>

5. A person recognized by the Minister of Employment and Labor as requiring measures for the promotion of employment due to worsening employment conditions and soaring unemployment, among the unemployed who fail to meet the requirements prescribed in subparagraphs 1 through 3.

(2) The incentives for promotion of employment prescribed in paragraph (1) (hereinafter referred to as "incentives for employment promotion") shall be paid where a business owner employs a person as an insured for at least six months, according to the following classifications: <Amended on Dec. 30, 2016; Jul. 3, 2018>

1. Where the employment period is at least six months but less than 12 months: Amount equivalent to six months;

2. Where the employment period is at least 12 months: Amount equivalent to 12 months; provided, where the employment period of an insured determined and publicly notified by the Minister of Employment and Labor is at least 18 months, the following relevant amounts shall be paid:

a. Where the employment period is at least 18 months but less than 24 months: Amount equivalent to 18 months;

b. Where the employment period is at least 24 months: Amount equivalent to 24 months.

(3) The incentives for employment promotion shall not be paid in any of the following cases: <Amended on Jan. 13, 2012; Jan. 25, 2013; Dec. 30, 2016; Dec. 31, 2018; Mar. 31, 2020; Jun. 28, 2022; Dec. 24, 2024>

1. Where a short-term contract employee is employed in cases prescribed by Decree of the Ministry of Employment and Labor;

2. Deleted; <Jan. 25, 2013>

3. Where a large enterprise employs an unemployed person aged 29 years or younger who is determined by the Minister of Employment and Labor;

4. Where a business owner severs the employment relationship with an employee (excluding employees employed after a person eligible for incentives for employment promotion is employed) for employment adjustment during the period between three months before employing a person eligible for the incentives for employment promotion and one year from the employment of the relevant person (in cases where a person eligible for incentives for employment promotion is employed for less than one year, referring to the period until the termination of the relevant employment relationship);

5. Where a business owner who employs a person eligible for the incentives for employment promotion is found to be the same business owner as at the time the employment relationship of the relevant employee was severed (limited to cases where the employment relationship was severed within one year before the relevant business owner employs the relevant employee; hereafter in subparagraph 6 the same shall apply); provided, this shall not apply in any of the following cases:

a. Where a business owner gives the relevant employee priority in employment pursuant to Article 25(1) of the Labor Standards Act;

b. Where a business owner re-employs an employee whom he or she employed as a daily hire employee by entering into a contract without a fixed term of employment;

6. Where a business owner who employs a person eligible for incentives for employment promotion has a business relationship with the business from which the employment relationship of the relevant employee is severed, such as merger or acquisition, and is prescribed by Decree of the Ministry of Employment and Labor;

7. Where the name of a business owner is listed and announced pursuant to Article 43-2 of the Labor Standard Act because the business owner delayed the payment of wages, etc.;

8. Where a business owner who fails to fulfill the obligation to employ persons with disabilities pursuant to Article 28 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities newly employs persons with disabilities under subparagraph 1 of Article 2 of that Act (excluding persons with severe disabilities under subparagraph 2 of that Article) before such obligation is performed;

9. Where a case falls under the subjects or types of business determined and publicly notified by the Minister of Employment and Labor as not conforming to the purpose of subsidization under Article 23 of the Act.

(4) The incentives for employment promotion shall be calculated by multiplying the amount specified in subparagraph 1 by the number of persons specified in subparagraph 2: <Amended on Dec. 6, 2022>

1. The amount publicly notified each year by the Minister of Employment and Labor, considering the wage increase rate, labor market conditions, and other factors; provided, such amount shall not exceed the remuneration that the relevant business owner bears for the insured specified in the subparagraphs of paragraph (1) during the period when the incentives are granted;

2. The number of the insured eligible for the incentives for employment promotion; provided, the limit on the number of persons shall be as follows:

a. Where the number of the insured is at least 10 as of the end of the immediately preceding insurance year for the relevant employing unit: The 30/100 of the number of the insured (the fractions below the decimal point shall be rounded off); provided, where 30/100 of such number exceeds 30, the limit shall be 30;

b. Where the number of the insured is less than 10 as of the end of the immediately preceding insurance year for the employing unit: Three persons.

(5) Deleted. <Dec. 6, 2022>

(6) Deleted. <Dec. 6, 2022>

(7) Matters necessary for application for and payment of incentives for employment promotion, such as the application period, shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jan. 13, 2012; Dec. 30, 2016; Jun. 28, 2022>

(8) Where emergency measures are necessary for job security as disasters prescribed in subparagraph 1 of Article 3 of the Framework Act on the Management of Disasters and Safety took a heavy toll on the economy, resulting in soaring unemployment, the Minister of Employment and Labor may determine a period of employment of up to one year, grounds for exclusion from payment of incentives for employment promotion, the maximum amount of incentives, and the limit on the number of the eligible insured differently by public notice following deliberation by the Employment Policy Council to expand support for business owners under paragraph (1), notwithstanding the provisions of paragraphs (2) through (7) (in cases falling under paragraph (3), limited to the main clause of subparagraphs 1, 4, and 4, with the exception of its items, and subparagraph 6). <Added on Jun. 9, 2020>

[This Article Wholly Amended on Dec. 31, 2010]

[Title Amended on Dec. 30, 2016]

Article 28(Subsidies for wage peak system) #

(1) The Minister of Employment and Labor shall grant subsidies for the wage peak system to employees to whom the wage peak system shall apply in any of the following cases, as prescribed in Article 23 of the Act, (hereafter in this Article referred to as "wage peak system"); provided, in cases falling under subparagraph 2, he or she shall grant subsidies for the wage peak system to both the employees and the business owner: <Amended on Dec. 31, 2010; Jan. 25, 2013; Dec. 24, 2013; Dec. 31, 2014; Jun. 8, 2021>

1. Where the business owner implements a system under which an employee has his or her wage reduced based on his or her age, period of continuous employment or wage after he or 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 60 or to at least 56 but not more than 60;

2. Where the business owner reduces working hours while implementing the system prescribed in subparagraph 1 or conducting hiring (hereafter in this Article and Article 28-4 referred to as "reemployment") within three months after mandatory retirement under subparagraph 4 and reducing the contractual weekly working hours to at least 15 hours but not more than 30 hours;

3. Deleted; <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 or her wage compared to the amount he or she received before the previous retirement.

(2) The subsidies for the wage peak system determined under paragraph (1) shall be paid to persons who have been employed continuously for at least 18 months by the relevant business owner and that sees his or her peak wage compared to his or her wage for the pertinent year (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; hereafter in this Article the same shall apply) reduced by at least the ratio classified as prescribed in each of the following (excluding the person whose wage for the pertinent year reaches or exceeds the amount publicly notified by the Minister of Employment and Labor): <Amended on Jul. 12, 2010; Dec. 31, 2010; Jan. 13, 2012; Jan. 25, 2013; Dec. 24, 2013; Dec. 4, 2015; Jun. 8, 2021>

1. In the case of paragraph (1)1: The ratio classified according to the extended retirement age as follows; provided, it shall be 10/100 for any employing unit that has a regular workforce of less than 300 employees:

a. Up to one year from the date of application of the wage peak system: 10/100;

b. For a period of up to two years but no shorter than one year from the date of application of the wage peak system: 15/100;

c. For a period exceeding two years after the date of application of the wage peak system: 20/100;

2. In the case of paragraph (1)2: 30/100;

3. In the case of paragraph (1)4: 20/100; provided, it shall be 10/100 for any employing unit that has a regular workforce of less than 300 employees.

(3) Subsidies for the wage peak system prescribed in paragraph (1) shall be an amount publicly notified by the Minister of Employment and Labor, considering the difference between the peak wage and the pertinent year’s wage of the pertinent individual employee, the wage increase rate, an increase in the labor cost of the business owner due to the reduction of contractual working hours prescribed in paragraph (1)2, etc. <Amended on Jul. 12, 2010; Dec. 31, 2010; Dec. 31, 2014>

(4) Subsidies for the wage peak system prescribed in paragraph (1) shall be paid for five years from the date the wage peak system enters into force; provided, 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 prescribed in paragraph (1)1, the maximum period of payment shall be five years in total. <Amended on Dec. 24, 2013>

(5) Matters necessary to calculate, to apply for and to pay the subsidies for the wage peak system prescribed in paragraph (1) shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Dec. 31, 2010>

[Title Amended on Dec. 31, 2010]

[Pursuant to Article 2(2) of the Addenda to the Presidential Decree No. 25022 promulgated on December 24, 2013, this Article shall be effective in accordance with the following classifications; provided, the amended provisions of Article 28 shall apply to subsidies to be granted to an employee who becomes eligible for the subsidies for the wage peak system by the relevant date referred to in subparagraph 1 or 2, even after the effective period expires: 1. Any employing unit or place of business that has a regular workforce of at least 300 employees, any public institution prescribed in Article 4 of the Act on the Management of Public Institutions, any local government-invested public corporation prescribed in Article 49 of the Local Public Enterprises Act, and any local public corporation prescribed in Article 76 of that Act: Dec. 31, 2015; and 2. Any employing unit or place of business that has a regular workforce of less than 300 employees, the State, or any local government: Dec. 31, 2016.]

Article 29(Incentives for employment security during period of childbirth and child care) #

(1) The Minister of Employment and Labor shall provide incentives for employment security during the period of childbirth and child care to the following business owners, pursuant to Article 23 of the Act: <Amended on Jan. 13, 2012; Jul. 10, 2012; Jan. 25, 2013; Dec. 24, 2013; Jun. 17, 2014; Sep. 30, 2014; Jun. 30, 2015; Dec. 30, 2016; Jul. 3, 2018; Dec. 31, 2018; Dec. 31, 2019; Mar. 31, 2020; Dec. 31, 2021; Jun. 28, 2022; Jun. 25, 2024; Dec. 24, 2024>

1. Deleted; <Dec. 31, 2018>

2. A business owner of an enterprise eligible for priority support who grants an insured employee a child care leave prescribed in Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act or a reduction of working hours during the period of child care prescribed in Article 19-2 of that Act (hereinafter referred to as "child care leave, etc.") for at least 30 days (excluding the period overlapping with the period of a maternity leave prescribed in Article 74(1) of the Labor Standards Act (hereinafter referred to as "maternity leave"));

3. A business owner of an enterprise eligible for priority support who meets all of the following requirements, while granting or allowing an insured employee a maternity leave, a miscarriage or stillbirth leave prescribed in Article 74(3) of the Labor Standards Act (hereinafter referred to as "miscarriage or stillbirth leave") or childcare leave, etc. of at least 30 days, and employs a substitute worker or utilizes a temporary agency worker as a substitute employee:

a. The business owner shall fall under any of the following categories:

1) Where the business owner hired a substitute employee or utilized a temporary agency worker as a substitute employee 2 months from the commencement of the maternity leave, miscarriage or stillbirth leave, or childcare leave, etc. (in cases where miscarriage, stillbirth leave, or childcare leave, etc. is commenced consecutively after maternity leave, 2 months prior to the commencement date of the maternity leave) and has continued to employ or utilize such employee for at least 30 days;

2) Where the business owner who allows an insured employee to work reduced hours during her pregnancy for more than 60 days and employs a substitute employee or utilizes a temporary agency worker as a substitute employee after the employee in question finishes working reduced working hours and consecutively begins maternity leave, miscarriage or stillbirth leave, or childcare leave, etc.; in such cases, the period of employment or utilization of substitute employees shall be at least 30 days;

b. Deleted; <Mar. 31, 2020>

c. From 3 months before the employment of a new substitute employee or the utilization of a temporary agency worker as a substitute employee to 1 year thereafter, no other employees shall be displaced (excluding substitute employees hired later than the newly hired or utilized ones) as part of an employment adjustment;

4. An owner of an enterprise eligible for priority support who has allowed or granted child care leave, etc. to an insured employee for at least 30 days and has designated an employee who will perform all or part of the duties of the relevant employee (hereinafter referred to as "duty sharer") and provided financial support for work-sharing to the relevant duty sharer; provided, where he or she has designated duty sharers for workers whose working hours have been reduced during the period of child care, the reduced working hours of the relevant workers whose working hours have been reduced during the period of child care shall be at least 10 hours per week.

(2) Notwithstanding paragraph (1), the Minister of Employment and Labor shall not pay incentives for employment security during the period of childbirth and child care to the following business owners: <Added on Jun. 28, 2022>

1. A business owner of an institution specified in subparagraph 1a through c of Article 2 of the Act on the Prevention of Corruption and the Establishment and Management of the Anti-Corruption and Civil Rights Commission or a public institution designated and publicly notified pursuant to Articles 4 through 6 of the Act on the Management of Public Institutions;

2. A business owner whose name is listed and disclosed pursuant to Article 43-2 of the Labor Standards Act due to his or her delayed payment of wages, etc.;

3. A business owner of the subjects or types of business determined and publicly notified by the Minister of Employment and Labor as not conforming to the purpose of subsidization under Article 23 of the Act.

(3) The amount of incentives for employment security during the period of childbirth and child care prescribed in paragraph (1)2 shall be calculated by multiplying the amount determined and publicly notified by the Minister of Employment and Labor each year by the number of months of the child care leave, etc. used by an employee, taking into consideration the employer's burden of labor costs resulting from granting the child care leave, the age of the child subject to the child care leave, etc., and other factors. <Amended on Jan. 13, 2012; Jan. 25, 2013; Jun. 30, 2015; Dec. 30, 2016; Mar. 31, 2020; Dec. 31, 2021; Jun. 28, 2022>

(4) Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1)3 (hereinafter referred to as "subsidies for substitute employees"; hereafter in this Article the same shall apply) shall be calculated by multiplying the amount determined and publicly notified by the Minister of Employment and Labor, considering the business owner's burden of labor costs due to employment or utilization of substitute employees, by the number of months for which a substitute employee has been employed or utilized during the period for which the relevant employee has taken a maternity leave, a miscarriage or stillbirth leave, or childcare leave, etc. (including a two-month period for transfer of duties to the substitute employee before the maternity leave, miscarriage or stillbirth leave, or childcare leave, etc. begins and a one-month period for transfer of duties to the returning employee after the employee who has taken childcare leave returns to work); provided, that where the State or a local government has paid subsidies or incentives, etc. to business owners for the employment or utilization of the relevant substitute employees or for the designation of duty sharers under this Decree or other statutes or regulations, the relevant subsidies or incentives shall be excluded from the subsidies for substitute employees. In such cases, the subsidies for substitute employees shall not exceed the amount of wage paid by business owners to the relevant substitute employees or the price for temporarily placing workers. <Amended on Jul. 10, 2012; Jan. 25, 2013; Dec. 24, 2013; Jun. 30, 2015; Dec. 30, 2016; Dec. 31, 2018; Dec. 31, 2021; Jun. 25, 2024; Dec. 24, 2024; Dec. 23, 2025>

(5) Incentives for employment security during the period of childbirth and child care prescribed in paragraph (1)4 (hereinafter referred to as "subsidies for sharing duties") shall be calculated by multiplying the amount determined and publicly notified by the Minister of Employment and Labor, considering the burden of labor expenses borne by the business owner for designating duty sharers for the period of childbirth and child care, by the number of months during which duty sharers have been designated during the period of childcare leave used, and where the business owner receives subsidies, incentives, etc. for designating duty sharers or employing substitute employees following childcare leave, etc. under this Decree or other statutes or regulations, the subsidies for sharing duties shall not exceed the amount the business owner paid to the relevant duty sharers. <Added on Jun. 25, 2024; Dec. 24, 2024>

(6) The incentives for employment security during the period of childbirth and child care referred to in paragraph (1) shall be provided as follows: <Added on Mar. 31, 2020; Dec. 31, 2021; Jun. 25, 2024; Dec. 24, 2024; Jun. 2, 2025; Dec. 23, 2025>

1. In cases falling under paragraph (1)2: An amount equivalent to 50/100 of the incentives for employment security during the period of childbirth and child care under paragraph (3) shall be paid when a business owner meets the requirements under paragraph (1)2, and the remaining amount shall be paid in a lump sum if the relevant business owner continues to employ, as an insured, the employee who took child care leave, etc. for at least six months, after the completion of such leave (including cases where the business owner fails to continuously to employ the employee for at least six months due to the employee's own circumstances);

2. In cases falling under paragraph (1)3: If a business owner satisfies the requirements of paragraph (1)3, 100/100 of the subsidies for substitute employees shall be paid, and such subsidies shall be paid by classifying the amounts as follows:

a. Subsidies for substitute employees corresponding to the 2-month period for transfer of duties to the substitute employee before the maternity leave, miscarriage or stillbirth leave, or childcare leave, etc. begins;

b. Subsidies for substitute employees corresponding to the period during which the maternity leave, miscarriage or stillbirth leave, or childcare leave, etc. is taken;

c. Subsidies for substitute employees corresponding to the 1-month period for transfer of duties to the returning employee after the employee who has taken childcare leave returns to work.

3. In cases falling under paragraph (1)4: Where the business owner meets the requirements under paragraph (1)4, he or she shall be paid 100% of the subsidies for sharing duties.

(7) Matters necessary for application for and payment of incentives for employment security during the period of childbirth and child care prescribed in paragraph (1), such as the application period, shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jan. 25, 2013; Dec. 30, 2016; Mar. 31, 2020; Jun. 28, 2022; Jun. 25, 2024>

[This Article Wholly Amended on Dec. 31, 2010]

[Title Amended on Dec. 30, 2016]

Article 35(Employment security and employment promotion) #

"Other programs prescribed by Presidential Decree" in Article 25(1)3 of the Act means the following programs: <Amended on Mar. 12, 2009; May 28, 2009; Feb. 8, 2010; Dec. 31, 2010; Dec. 31, 2014; Dec. 4, 2015; Jul. 19, 2016; Jun. 27, 2017; Dec. 24, 2019; Dec. 31, 2019; Mar. 31, 2020; Jun. 9, 2020; Dec. 24, 2024>

1. Programs for education and public relations on employment security and employment promotion of the insured, etc.;

2. Programs for supporting employment, including job placement, employment and career advice, support for hiring the insured, etc. and support for the long-term employment of the insured, etc., and programs for supporting career changes in order to secure the employment security of the insured, etc. and promote employment thereof;

3. Programs for improving the employment conditions of the insured, etc., who are seniors, women, or persons with disabilities;

4. Programs for supporting the employment security, etc. of construction workers, etc.;

5. Programs for supporting the employment security, etc. of any of the following persons:

a. Fixed-term employees prescribed in subparagraph 1 of Article 2 of the Act on the Protection of Fixed-Term and Part-Time Employees (hereinafter referred to as "fixed-term employee");

b. Temporary agency workers;

c. Safety officers prescribed in Article 17 of the Occupational Safety and Health Act;

d. Health officers prescribed in Article 18 of the Occupational Safety and Health Act;

e. Part-time employees prescribed in Article 2(1)9 of the Labor Standards Act;

f. Persons who offer their labor similarly to employees referred to in Article 2(1)1 of the Labor Standards Act, regardless of the form of their contracts, but to whom the Labor Standards Act, etc. does not apply, and who do not use any other person for another person's business and directly provide labor necessary for the operation of business, and who live on the money they receive in return for the provision of their labor;

6. Programs for supporting the conversion into part-time employment prescribed in Article 2(1)9 of the Labor Standards Act;

7. Work-family balance assistance programs through the improvement of employment conditions such as changing work patterns of the insured, etc.;

8. Credit business for expenses required of business owners to compensate for wages of the insured under employee retention measures (limited to the period determined and publicly notified by the Minister of Employment and Labor).

Article 38(Support for facilities for employment promotion) #

(1) "Other facilities for promotion of employment prescribed by Presidential Decree" referred to in Article 26 of the Act means the following facilities: <Am ended by Dec. 30, 2009; Jul. 12, 2010; Mar. 31, 2020>

1. Necessary facilities installed and operated by a local government to promote the employment of 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 prescribed in subparagraphs 1, 2, and 4 of Article 2 of the Higher Education Act;

3. Schools designated by the Minister of Employment and Labor from among special-purpose high schools and specialized high schools prescribed in Articles 90 and 91 of the Enforcement Decree of the Elementary and Secondary Education Act;

4. Talent banks of the aged prescribed in Article 11 of the Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion;

5. Other facilities designed to stabilize and promote the employment of the insured, etc. and to secure human resources for business owners, as prescribed by Decree 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 in installing and operating a facility for the promotion of employment by a person who installs and operates such facility. <Amended on Dec. 30, 2009; Jul. 12, 2010>

(3) Matters necessary for subsidization of facilities for promotion of employment referred to in paragraph (1) shall be prescribed by the Minister of Employment and Labor. <Amended on Jul. 12, 2010>

(4) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, grant subsidies to cover some of the operating expenses of child care centers established and operated, either independently or collaboratively, by business owners, as prescribed by Decree of the Ministry of Employment and Labor. In such cases, the level of subsidies may be set higher for an employers' association in which the number of the business owners of enterprises eligible for preferential support and the enterprises eligible for preferential support is at least 50/100 of the total number of the members and which satisfies any of the following criteria: <Amended on Dec. 6, 2022>

1. Where the ratio of the number of infants and young children (hereafter in this Article, referred to as "infants and young children eligible for preferential support") of the insured belonging to enterprises eligible for preferential support (limited to the insured who are guardians under the Child Care Act), among infants and young children taken care of at a workplace child care center established and operated by the relevant employers' association as at the end of each month is at least 50/100;

2. Where the ratio of the number of infants and young children eligible for preferential support, among infants and young children taken care of at a workplace child care center established and operated by the relevant employers' association as at the end of each month is less than 50/100 and all the following requirements are met:

a. Subsidies under subparagraph 1 have been granted;

b. There shall be no infants and young children eligible for preferential support, for whom application for admission to the relevant workplace child care center has been filed but who have not been admitted.

(5) The Minister of Employment and Labor may, pursuant to Article 26 of the Act, provide loans or partial subsidies to cover the expenses incurred in establishing a child care center by a business owner or an employers' association that intends to establish and operate such center either independently or collaboratively, as determined by the Minister of Employment and Labor; in such cases, the level of loans or subsidies may be set higher for the following business owners or employers' associations: <Amended on Feb. 8, 2010; Jul. 12, 2010; Dec. 8, 2011; Dec. 24, 2013; Dec. 31, 2021; Dec. 6, 2022>

1. The business owner of an enterprise eligible for preferential support;

2. An employers' association under the latter part of paragraph (4);

3. A business owner or an employers' association that intends to establish a child care center for infants or young children with disabilities.

Article 40(Adjustment of subsidies) #

(1) Where a business owner who meets the requirements for granting subsidies for retaining employees prescribed in Article 19 has satisfied the eligibility requirements for expenses prescribed in Article 17, expenses prescribed in Article 22-2(1), incentives for employment promotion prescribed in Article 26, incentives for continued employment of seniors prescribed in Article 28-4, or subsidies for employment of seniors provided in Article 28-5 during the implementation period of the employee retention measures, the business owner shall be granted subsidies for retaining employees prescribed in Article 19 except the subsidies or incentives. <Amended on Sep. 18, 2008; Feb. 8, 2010; Dec. 31, 2010; Sep. 15, 2011; Dec. 30, 2016; Mar. 31, 2020; Jun. 9, 2020; Jun. 8, 2021; Dec. 31, 2021>

(2) Where a business owner becomes simultaneously eligible for at least two of the following subsidies or incentives for the same employee, only one of them shall be granted to the business owner at his or her request; provided, where a business owner becomes simultaneously eligible for both a subsidy to be provided when the business requiring employment assistance pursuant to Article 17(1)4 additionally hires unemployed youths within an age range determined by the Minister of Employment and Labor (hereafter in this Article referred to as "youth") and a subsidy to be provided to support the long-term employment of youths employed by a small or medium enterprise pursuant to subparagraph 2 of Article 35, both of them may be granted to the business owner: <Amended on Dec. 4, 2015; Dec. 30, 2016; Dec. 12, 2017; Oct. 2, 2018; Dec. 31, 2018; Dec. 31, 2019; Mar. 31, 2020; Dec. 31, 2021>

1. A subsidy prescribed in Article 17(1)3 through 7;

2. A subsidy for promotion of local employment prescribed in Article 24;

3. Deleted; <Dec. 24, 2024>

4. Deleted; <Dec. 24, 2024>

5. An incentive for employment promotion prescribed in Article 26;

6. An incentive for continued employment of seniors under Article 28-4;

6-2. Subsidies for employment of seniors under Article 28-5;

7. An incentive for employment security during the period of childbirth and child care prescribed in Article 29(1)3;

8. A subsidy to be provided to business owners prescribed in subparagraphs 1 through 7 of Article 35;

9. A subsidy for operating expenses of workplace child care centers prescribed in Article 38(4).

(3) If a business owner concurrently meets the requirements for granting subsidies to cover expenses prescribed in Article 17(1)1 and 2, only one of those subsidies shall be granted upon request by the business owner. <Amended on Sep. 18, 2008; Dec. 31, 2010; Sep. 15, 2011>

(4) If a business owner who receives any of the subsidies prescribed in paragraph (3) meets the requirements for receiving any of the subsidies or incentives under paragraph (2) during the period for which the business owner receives the relevant subsidies, the amount calculated by multiplying the amount of the corresponding subsidies or incentives among those prescribed in paragraph (2) by the rate determined and publicly notified by the Minister of Employment and Labor shall be granted upon request by the business owner. <Amended on Jul. 12, 2010; Dec. 31, 2010; Dec. 30, 2016>

(5) Deleted. <Dec. 24, 2024>

(6) If an employee simultaneously meets the requirements for at least two types of subsidies under Articles 28 or 28-2, only one of those subsidies shall be granted upon choice of the relevant employee. <Amended on Dec. 4, 2015; Dec. 31, 2019>

[Title Amended on Dec. 31, 2010]

Article 41(Subsidization for business owners of vocational skills development training) #

(1) "Vocational skills development training prescribed by Presidential Decree" in Article 27(1) of the Act means vocational skills development training courses recognized under Article 24(1) of the Act on the Development of Lifelong Vocational Skills of Citizens, which refer to any of the following training courses or work-study programs recognized under Article 15(2) of the Act on Work-Study Combination at Industrial Sites: <Amended on Jul. 12, 2010; Dec. 31, 2010; Jan. 13, 2012; Dec. 30, 2016; Mar. 31, 2020; Aug. 27, 2020; Sep. 29, 2020; Jun. 8, 2021; Dec. 31, 2021; Feb. 17, 2022>

1. A training course for vocational skills development conducted for the insured (excluding the insured defined in subparagraph 1b of Article 2 of the Act (hereinafter referred to as "insured self-employed person"));

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 by 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 office for finding a job;

5. A training course for vocational skills development offered for the insured (excluding insured self-employed persons) employed by the relevant business during paid leave (which shall not be annual paid leave prescribed in Article 60 of the Labor Standards Act, but which means leave paid with the wage equal to, or greater than the ordinary wage prescribed in 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 an enterprise eligible for priority support or a business owner who has a regular workforce of less than 150 employees (hereafter in this subparagraph referred to as "business owner of an enterprise eligible for priority support, etc.") shall grant paid leave of at least 5 consecutive days to his or her employees to enable them to attend the training course for at least 20 hours;

b. A business owner of an enterprise eligible for priority support, etc. shall continuously grant paid leave of at least 30 days to the relevant employees to have them attend the training course for at least 120 hours and employ substitute employees;

c. Deleted; <Jun. 8, 2021>

d. A business owner other than a business owner of an enterprise eligible for priority support, etc. shall continuously grant paid leave of at least 60 days to employees who have been employed for one year or longer to have them attend the training course for at least 180 hours;

e. Deleted; <Jun. 8, 2021>

f. A business owner shall grant paid leave to employees 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 at least 20 hours.

(2) Subsidies for vocational skills development training under paragraph (1) shall be any of the following amounts: <Amended on Aug. 27, 2020>

1. A subsidy for vocational skills development training prescribed in any subparagraph of paragraph (1): An amount obtained by multiplying training expenses (limited to expenses that satisfy the standards publicly notified by the Minister of Employment and Labor) by a rate publicly notified by the Minister of Employment and Labor in consideration of the size of the employing unit, etc.; provided, a subsidy for the following vocational skills development training shall be the amount prescribed in the main clause plus the amounts classified as follows.:

a. Vocational skills development training prescribed in paragraph (1)3 and 4: Training allowances determined and publicly notified by the Minister of Employment and Labor;

b. Vocational skills development training prescribed in paragraph (1)5: Of the wages paid during a period of paid leave and the wages paid to substitute employees under paragraph (1)5b, an amount determined and publicly notified by the Minister of Employment and Labor;

2. A subsidy for work-study programs recognized under Article 15(2) of the Act on Work-Study Combination at Industrial Sites: An amount obtained by multiplying training expenses publicly notified by the Minister of Employment and Labor by a rate publicly notified by the Minister of Employment and Labor in consideration of the type of training, occupational type, size of employing unit, etc. plus prices for boarding and lodging and training incentives.

(3) "Person prescribed by Presidential Decree" in Article 27(2)6 of the Act means a person falling under any of the following subparagraphs: <Amended on Jun. 27, 2017>

1. Employees engaged in any production or production-related job who are publicly notified by the Minister of Employment and Labor to encourage them to improve their skills and techniques;

2. Employees determined and publicly notified by the Minister of Employment and Labor, to whom a shift work system is newly applied after a business owner newly adopts such shift work system under which the employees are divided into groups to work on a shift basis in order to realize job creation under Article 20 of the Act or after a business owner increases the number of existing employees' groups to a shift work system is applied (limited to the cases of operating not more than four groups);

3. Employees employed on the condition of receiving vocational skills development training and evaluation.

(4) Where the Minister of Employment and Labor intends to preferentially assist a business owner who conducts vocational skills development training for employees falling under any subparagraphs of Article 27(2) of the Act with expenses necessary for such training, he or she shall determine and publicly notify the level of such assistance in consideration of training expenses, wages paid to persons eligible to receive training and substitute employees during a period of their training, and other expenses necessary for such training. <Added on Jun. 27, 2017>

(5) With respect to vocational skills development training, the extent of assisting training expenses training allowances, the maximum amount of assistance, the procedures for applying for assistance and other matters necessary for assistance shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010; Jun. 27, 2017>

Article 42(Upper limits of subsidies) #

(1) The total annual amount of training expenses to be subsidized to a business owner under Article 28 of the Act shall be an amount equivalent to 100/100 (or 240/100 for an enterprise eligible for priority support) of either of the insurance premium for the programs for employment security and vocational training among the employment insurance premium a business owner shall pay for the pertinent year, as prescribed in Articles 13(1)1 and 16-3 of the Act on Employment and Industrial Accident Premium Collection, or of the insurance premium for the programs for employment security and vocational training among the estimate-based insurance premium for employment insurance a business owner shall pay for the pertinent year, as prescribed in Articles 13(1)1 and 17(1) of the Act on Employment and Industrial Accident Premium Collection; provided, the maximum amount of the total expenses that can be subsidized to a business owner who falls under Article 18(2) may be adjusted to 130/100 (or 300/100 for an enterprise eligible for priority support) of either of the insurance premium for the programs for employment security and vocational training among the employment insurance premium for the pertinent year the business owner shall pay for the pertinent year, or of the insurance premium for the programs for the employment security and vocational training among the estimate-based insurance premium for employment insurance the business owner shall pay for the pertinent year. <Amended on Dec. 31, 2010; Jul. 19, 2016; Jun. 8, 2021; Dec. 31, 2021>

(2) Where a business owner provides training courses recognized pursuant to Article 24 of the Act on the Development of Lifelong Vocational Skills of Citizens to employees employed by other business owners, the business owner may receive the subsidies up to 80/100 of either of the insurance premium for the programs for employment security and vocational training among the employment insurance premium the business owner shall pay for the pertinent year, or of the insurance premium for the programs for employment security and vocational training among the estimate-based insurance premium for employment insurance the business owner shall pay for the pertinent year in addition to the subsidies under paragraph (1). <Amended on Dec. 31, 2010; Jul. 19, 2016; Feb. 17, 2022>

(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 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 on 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 on Dec. 24, 2013; Jul. 19, 2016; Jul. 3, 2018; Sep. 29, 2020; Jun. 8, 2021; Dec. 31, 2021; Feb. 17, 2022>

1. Subsidies for the following vocational skills development training as a vocational skills development training provided in Article 41(1)1:

a. On-site training conducted as a support project for on-site training under Article 52(1)13 (limited to where the training period is at least six months);

b. Vocational skills development training provided as a basic training provided in Article 3(1)1 of the Enforcement Decree of the Act on the Development of Lifelong Vocational Skills of Citizens;

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

3. Any of the following subsidies among the subsidies for vocational skills development training prescribed in Article 41(1)5a and b:

a. An aggregate of the wages paid during paid leave and the amount corresponding to part of the wages paid to substitute employees, which is subsidized pursuant to Article 41(2);

b. Expenses for vocational skills development training publicly notified by the Minister of Employment and Labor in consideration of the fields, period, etc. of vocational skills development training;

4. Work-study program training accredited under Article 15(2) of the Act on Work-Study Combination at Industrial Sites.

(5) Notwithstanding paragraphs (2) through (4), a business owner for whom assistance for vocational skills development programs is restricted pursuant to Article 35(4) 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 Lifelong Vocational Skills of Citizens belongs. <Added on Jun. 30, 2015; Aug. 27, 2020; Feb. 17, 2022>

Article 43(Subsidization for development of employees’ vocational skills) #

(1) Where any of the following insured, etc. receives vocational skills development training, as prescribed in subparagraph 1 of Article 2 of the Act on the Development of Lifelong Vocational Skills of Citizens (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 Decree of the Ministry of Employment and Labor: <Amended on Mar. 12, 2009; Jul. 12, 2010; Dec. 31, 2010; Sep. 15, 2011; Jan. 13, 2012; Dec. 24, 2013; Jun. 30, 2015; Jun. 27, 2017; Jun. 25, 2019; Dec. 31, 2021; Feb. 17, 2022>

1. An insured, etc. employed by an enterprise eligible for priority support;

2. An insured, etc. falling under any subparagraph of Article 27(2) of the Act;

3. An insured self-employed person, etc.;

4. An insured, etc. scheduled to be severed from employment within 180 days from the date an application for employment training is filed with the director of an employment security office;

5. An insured, etc. currently on leave of absence for at least 90 days without pay for management reasons;

6. An insured, etc. aged at least 45 who is employed by a large enterprise and whose income is less than the amount determined and publicly notified by the Minister of Employment and Labor;

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

8. An insured, etc. under child care leave under 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 the insured, etc. who receive such training or the institutions that conduct such training; provided, when an insured, etc. pay a training fee by a credit card prescribed in subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act (hereinafter referred to as "credit card") and the credit card company that issued the credit card pays the amount of the training fee to the training institution, as determined by the Minister of Employment and Labor, the Minister of Employment and Labor may pay the training fee to the credit card company on behalf of the insured, etc. who receive such training. <Added on Dec. 24, 2013; Jun. 27, 2017; Jun. 8, 2021>

(3) Matters necessary for 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 Decree of the Ministry of Employment and Labor. <Amended on Apr. 30, 2008; Jul. 12, 2010>

[Title Amended on Dec. 24, 2013]

Article 45(Granting loans to cover skill development expenses) #

(1) Where an insured (insured self-employed persons shall be limited to those for whom 180 days have passed in aggregate since purchase of insurance as at the date of an announcement of credit business for the relevant year) is admitted to or enrolled in any of the following schools and facilities on his or her own account pursuant to Article 29(1), the Minister of Employment and Labor may fully or partially grant a loan for the relevant school expenses within the budget: <Amended on Jun. 5, 2008; Mar. 12, 2009; Jul. 12, 2010; Aug. 25, 2010; Jan. 13, 2012; Jun. 8, 2021; Feb. 17, 2022>

1. Polytechnic colleges under the Act on the Development of Lifelong Vocational Skills of Citizens;

2. A lifelong education facility in the form of a distance learning college whose graduates shall be recognized as having an academic background and degree equivalent to that of graduates from a junior college, university, or college prescribed in Article 33(3) of the Lifelong Education Act;

3. A school under Article 2 of the Higher Education Act.

(2) The Minister of Employment and Labor may fully or partially grant a loan to an insured who receives vocational skills development training within the budget; provided, this shall not apply to any of the following courses: <Amended on Jul. 12, 2010>

1. Activities of exchanging information, such as seminars and symposiums, or general culture courses on current affairs or general knowledge;

2. Courses provided as a hobby, pastime, or sports;

3. Other courses deemed inappropriate by the Minister of Employment and Labor as vocational skills development training courses.

(3) The scope of the persons eligible for loans to help cover tuition fees incurred in a foreign language course as part of vocational skills development training under paragraph (2) shall be determined by the Minister of Employment and Labor. <Amended on Jul. 12, 2010; Jun. 8, 2021>

(4) The interest rate on loans prescribed in paragraphs (1) through (3), the term of such loans, and other conditions of the loans shall be prescribed by the Minister of Employment and Labor, subject to prior consultation with the Minister of Planning and Budget. <Amended on Feb. 29, 2008; Jul. 12, 2010; Dec. 30, 2025>

(5) Matters concerning the selection of the persons eligible for loans prescribed in paragraphs (1) through (3), the procedure for granting loans, and other matters necessary for granting such loans shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>

Article 47(Assistance in employment training) #

(1) The Minister of Employment and Labor may provide vocational training courses for the unemployed that are deemed necessary for starting a business or finding jobs, as prescribed in Article 29(2) of the Act: <Amended on Jul. 12, 2010; Sep. 15, 2011; Dec. 24, 2013>

1. Deleted; <Dec. 24, 2013>

2. Deleted; <Dec. 24, 2013>

3. Deleted; <Dec. 24, 2013>

4. Deleted. <Dec. 24, 2013>

(2) The expenses incurred in connection with the training courses for employment under paragraph (1) may be paid to persons who attend such training courses or the institutions that provide such training courses; provided, where a person who receives training has paid training fees with credit cards, as determined by the Minister of Employment and Labor, and a credit card company that issued the credit card has paid the training fee to the training institution, the Minister of Employment and Labor may pay the training fee to the relevant credit card business company on behalf of the trainee. <Amended on Dec. 3, 2008; Jul. 12, 2010; Jun. 8, 2021>

(3) Where an unemployed person who attends an employment training course prescribed in paragraph (1) is not eligible for job-seeking benefits prescribed in Article 43(1) of the Act, the Minister of Employment and Labor may pay him or her the training allowance. <Amended on Jul. 12, 2010; Sep. 15, 2011; Dec. 24, 2013>

(4) The Minister of Employment and Labor may extend a loan to fully or partially cover training expenses to a person who was formerly insured, but am now unemployed and who attends the employment training course prescribed in paragraph (1). <Amended on Jul. 12, 2010; Sep. 15, 2011; Dec. 24, 2013; Jun. 8, 2021>

(5) Matters concerning the selection of persons eligible for loans prescribed in paragraph (4), procedures for extending such loans, the number of such loans extended, and other necessary matters for extension of such loans shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>

(6) The institutions offering training courses for employment prescribed in paragraph (1) and other matters necessary for the implementation of employment training courses shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010; Sep. 15, 2011>

[Title Amended on Sep. 15, 2011]

Article 52(Promotion of vocational skills development) #

(1) "Programs prescribed by Presidential Decree" in Article 31(1)3 of the Act means the following projects: <Amended on Mar. 12, 2009; Feb. 8, 2010; Jul. 12, 2010; Aug. 25, 2010; Jan. 13, 2012; Mar. 31, 2020; Dec. 31, 2021; Feb. 17, 2022>

1. Projects concerning surveys and research on vocational skills development programs;

2. Projects concerning education and public relations for vocational skills development programs;

3. Projects concerning the development, compilation, and distribution of medium for vocational skills development training;

4. Vocational skills development projects conducted collaboratively by an employers' association, employees’ association, or federation of such organizations;

5. Projects concerning support for the accreditation system for good enterprises in the development of human resources;

6. Vocational skills development projects conducted by a business owner, an employers' association, or a school prescribed in Article 2 of the Higher Education Act after entering into an agreement with two or more business owners who conduct vocational skills development training for their employees;

7. Projects concerning education and training conducted for nurturing and developing skills of the trainers for vocational skills development prescribed in Articles 36 and 37 of the Act on the Development of Lifelong Vocational Skills of Citizens and the staff in charge of the development of human resources prescribed in Article 19(1)7 of the Enforcement Decree of that Act;

8. Workplace skill development projects conducted pursuant to Article 12 of the Act on the Development of Lifelong Vocational Skills of Citizens;

9. Educational and training projects conducted in accordance with an educational or training curriculum of a polytechnic college, as prescribed in Article 40 of the Act on the Development of Lifelong Vocational Skills of Citizens;

10. Vocational skills development training conducted in order to improve the performance of essential duties of a business owner or employees of an enterprise eligible for priority support (which shall be limited to exceptional training programs determined by the Minister of Employment and Labor);

11. Vocational skills development projects conducted in order for employees of enterprises eligible for priority support to have extended opportunities to obtain knowledge on their jobs or promote the systemization of their learning so that the knowledge on duties within such enterprises can be accumulated and shared easily;

12. Vocational skills development projects conducted to improve the skills of business owners or staff in charge of the development of human resources in enterprises eligible for priority support for developing human resources;

13. Systematic support projects for on-site training for enterprises eligible for priority support;

14. Deleted; <Dec. 31, 2010>

15. Other projects designed to promote vocational skills development.

(2) Where the vocational skills development projects prescribed in paragraph (1)6 are executed, the Minister of Employment and Labor shall directly grant to the implementers of the relevant vocational skills development projects the aggregated amount the ratio of which is determined and publicly notified by the Minister of Employment and Labor (hereafter in this paragraph referred to as "individual amount") out of the maximum amount of the subsidies for annual training expenses for vocational skills development which each of the business owners who entered into agreement is entitled to receive pursuant to Article 42(1) through (3). In such cases, such amount shall be deemed to have been subsidized for each of the business owners who entered into agreement, within the limit of subsidized expenses pursuant to Article 42(1) through (3). <Added on Jan. 13, 2012>

(3) Matters necessary for application for the subsidization of expenses prescribed in paragraph (1) and the method of such subsidization shall be prescribed by the Minister of Employment and Labor. <Amended on Jul. 12, 2010; Jan. 13, 2012>

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 or incentives specified in Articles 17, 19, 21-3, 21-4, 22, 22-2, 24, 26, 28, 28-2, 28-4, 28-5, 29, 33, 35, 35-2, 36, 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 incentives that the person intends to receive, and shall also order such person to return the subsidies or incentives that have already been paid to him or her by fraud or other improper means. <Amended on Dec. 31, 2010; Sep. 15, 2011; Dec. 24, 2013; Dec. 31, 2014; Jul. 19, 2016; Dec. 30, 2016; Dec. 31, 2019; Mar. 31, 2020; Jun. 9, 2020; Dec. 31, 2021; Dec. 24, 2024>

(2) With respect to a person that has received, or intends to receive, any of the subsidies or incentives 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 or incentives during the period specified in Appendix 2 in relation to any subsidy or incentive that falls under any of the subsidies or incentives 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, 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 on Feb. 8, 2010; Jul. 12, 2010; Dec. 31, 2010; Oct. 29, 2012; Dec. 30, 2016>

(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; hereafter in this Article the same shall apply) shall pay the notified amount within 30 days from the date a notice thereof is issued to him or 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 exceeds10 million won. <Amended on Feb. 8, 2010; Jul. 12, 2010; 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 Lifelong Vocational Skills of Citizens (limited to orders to return the amount subsidized or loaned in the form of a fund) fails to meet such obligation of payment within the given period, no subsidies or incentives specified in the Act or training expenses for vocational skills development specified in the Act on the Development of Lifelong Vocational Skills of Citizens shall be paid to him or her from the date such period ends until the date said obligation is fulfilled. <Amended on Feb. 8, 2010; Aug. 25, 2010; Dec. 31, 2010; Dec. 30, 2016; Jun. 8, 2021; Feb. 17, 2022>

Article 61(Application for job and application for recognition of eligibility for benefits) #

(1) A person who intends to file a report on his or her unemployment status pursuant to Article 42 of the Act shall file an application for a job prescribed in Article 9 of the Employment Security Act via the electronic network. <Amended on Sep. 15, 2011; Jun. 8, 2021>

(2) A person who filed an application for a job pursuant to paragraph (1) shall file an application for recognition of eligibility for benefits with the head of an employment security office having jurisdiction over his or her place of residence, and he or she may do so with the head of a relevant employment security office in any of the following cases: <Added on Sep. 15, 2011; Jan. 13, 2012>

1. Where he or she intends to do so with the head of an employment security office having jurisdiction over the area in which the applicant wishes to find a job;

2. Where he or she intends to do so with the head of an employment security office having jurisdiction over the place of business in which the applicant worked before severance of his or her employment;

3. Where he or she intends to do so with the head of an employment security office having jurisdiction over the area nearby in which transportation is deemed more convenient than that of an employment security office having jurisdiction over his or her place of residence.

(3) Where there is a certificate of severance issued by the business owner under Article 42(3) of the Act, a person who intends to file a report on his or her unemployment status pursuant to paragraph (1) shall submit the certificate to the head of a competent employment security office of his or her domicile. <Amended on Sep. 15, 2011; Aug. 27, 2020; Dec. 29, 2020; Jun. 8, 2021>

(4) The head of the employment security office (hereinafter referred to as an "employment security office having jurisdiction over the place of application") shall, upon receipt of an application for recognition of eligibility for benefits pursuant to paragraph (2), designate the date the person is required to appear in the employment security office to obtain recognition of his or her unemployment status pursuant to Article 44(2) of the Act (hereinafter referred to as "unemployment recognition date") and shall give notice of such date to the reporting person. <Amended on Sep. 15, 2011>

Article 65(Special exception to recognition of unemployment status) #

"Other eligible recipients prescribed by Presidential Decree" in Article 44(2)3 of the Act means any of the following persons: <Amended on Jul. 12, 2010; Dec. 31, 2010; Sep. 15, 2011; Jan. 25, 2013; Dec. 24, 2013; Dec. 30, 2016; Jul. 2, 2019; Jun. 8, 2021; Jun. 2, 2025>

1. A person who is unable to appear at the employment security office having jurisdiction over the place of application on the unemployment recognition date due to employment, an interview with a potential employer or any other unavoidable cause; and has appeared at the employment security office to file an application for change of the unemployment recognition date by no later than the day immediately before the unemployment recognition date;

2. A person who was unable to appear at the employment security office having jurisdiction over the place of application on the unemployment recognition date or the date immediately before the unemployment recognition date due to employment, an interview with a potential employer or any other unavoidable cause; and has appeared at the employment security office to file an application for change of the unemployment recognition date within 14 days after such cause ceases to exist;

3. A person who was unable to appear at the competent employment security office on the unemployment recognition date or the date immediately before the unemployment recognition date due to employment for a period of at least seven consecutive days; and has filed an application for recognition of unemployment via mail, facsimile, the information communication network, etc. within two months from the date he or she had been employed, along with a document that proves the date of employment; provided, when the acquisition of the insured status is reported under Article 15 of the Act as at the date of filing the application for unemployment recognition, a document that proves the date of employment may be omitted;

4. A person who was unable to appear at the employment security office on the unemployment recognition date due to such person’s mistake; and has appeared at the competent employment security office to file an application for change of the unemployment recognition date within 14 days from the unemployment recognition date (which shall be allowed only once during the duration of unemployment benefits for the relevant eligible recipient prescribed in Article 48 of the Act);

5. A person whose unemployment recognition date is deemed by the head of the competent employment security office to be changed for any of the following reasons:

a. Where the duration of unemployment benefits prescribed in Article 48 of the Act ends;

b. Where the unemployment recognition date falls on a holiday of government offices prescribed in the Regulations on Holidays of Government Offices;

c. Where any other extenuating circumstance exists;

6. A person in whose case the disposition concerning unemployment benefits is canceled or altered by review, further review or lawsuit prescribed in Article 87(1) of the Act or at the discretion of the head of the competent employment security office;

7. A person whose employment has been finally confirmed within 30 days from the unemployment recognition date;

8. A person who 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.) and files an application for special exception to the recognition of unemployment;

9. A person deemed by the head of an employment security office to be able to report whether such person conducts re-employment activities and earns any income therefrom directly via the information and communications network.

10. A person who meets the following items and applies for a special exception to recognition of unemployment:

a. A person is unable to appear at the competent employment security office on or before the unemployment recognition date because he or she is staying abroad or plan to do so for reemployment activities abroad;

b. A person submits a plan for reemployment activities abroad to the head of the competent employment security office for confirmation thereof.

Article 71(Reporting on postponement of benefit period) #

(1) A person who intends to report the fact that he or she is unable to obtain a job pursuant to Article 48(2) of the Act shall file an application for the postponement of the benefit period to the head of a competent employment security office in his or her place of application within the benefit period in person or through his or her agent, along with the certificate of eligibility (applicable only where he or she holds a certificate of eligibility); provided, if a natural disaster occurs, he or she performs his or her military service as prescribed in the Military Service Act, or any other ground exists beyond his or her control, the report shall be submitted within 30 days from the date such ground ceases to exist. <Amended on Sep. 15, 2011; Jan. 13, 2012; Jun. 8, 2021>

(2) Notwithstanding paragraph (1), the report under Article 48(2) of the Act shall be deemed to be filed on the date of the initial medical treatment where a person receives the medical care benefits pursuant to Article 40 of the Industrial Accident Compensation Insurance Act. <Amended on Jun. 25, 2008>

(3) If the head of an employment security office recognizes that the report submitted under paragraph (1) falls under any ground for the postponement of the benefit period, he or she shall deliver a notice of such postponement of the benefit period to the reporting person, describe the details as required in the certificate of eligibility, and return it to the person. <Amended on Jan. 13, 2012>

(4) If the ground for the postponement of the benefit period ceases to exist or there is any change in such contents as prescribed by Decree of the Ministry of Employment and Labor among the contents described in the application for the postponement of the benefit period, the person shall, upon receipt of a notice of the postponement of the benefit period as prescribed in paragraph (3), report such fact forthwith to the head of the competent employment security office in his or her place of application, and shall submit the notice of the postponement of the benefit period and the certificate of eligibility to him or her. <Amended on Jul. 12, 2010; Sep. 15, 2011; Jan. 13, 2012; Jun. 8, 2021>

(5) The head of the competent employment security office shall, upon receipt of a report under paragraph (4), describe the relevant facts in the notice of postponement of the benefit period and the certificate of eligibility and return it to the reporting person. <Amended on Jan. 13, 2012>

[Title Amended on Jan. 13, 2012]

Article 73(Payment of individually extended benefits) #

(1) "Person prescribed by Presidential Decree" in Article 52(1) of the Act means an eligible recipient who meets all of the following requirements: <Amended on Feb. 8, 2010; Jul. 12, 2010; Jun. 8, 2021>

1. A person who has applied for jobs referred by the head of the competent employment security office (including cases where a person participates in an in-depth consultation or group consultation conducted by the head of the employment security office) on three or more occasions from the date he or she reported his or her unemployment status under Article 42(1) of the Act until the payment of job-seeking benefits ends, but fails to obtain a job, and who has family members falling under any of the following to support:

a. Person aged less than 18 years or more than 65 years old;

b. Person with a disability prescribed in the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

c. Patient who is required to receive medical treatment for one month or longer;

d. Spouse who has no income;

e. A person currently pursuing his or her studies, who is determined and publicly announced by the Minister of Employment and Labor;

2. Deleted; <Feb. 8, 2010>

3. A person whose daily basic wage used as a basis for computation of benefits and aggregate assets owned by him or her and his or her spouse do not meet the standards determined and publicly notified by the Minister of Employment and Labor, respectively.

(2) The maximum number of days of payment of individually extended benefits shall be 60 days as specified in Article 52(2) of the Act, and the period of such payment may be less than 60 days according to the standards determined by the Minister of Employment and Labor, considering repeated receipt of unemployment benefits within a given period of time. <Amended on Dec. 31, 2010>

(3) An eligible recipient who intends to receive individually extended benefits under Article 52 of the Act shall file an application for individually extended benefits with the head of the competent employment security office in his or her place of application by no later than the end of the days eligible for job-seeking benefits. <Amended on Sep. 15, 2011; Dec. 24, 2024>

(4) Matters necessary for the payment of individually extended benefits referred to in paragraph (1) shall be prescribed by Decree of the Ministry of Employment and Labor. <Amended on Jul. 12, 2010>

Article 81(Return of job-seeking benefits) #

(1) When the head of an employment security office has taken any of the following measures, he or she shall, without delay, inform the relevant eligible recipient or former eligible recipients (including the business owner under Article 62(3) of the Act) of such measures: <Amended on Aug. 27, 2020>

1. Denial of job-seeking benefits under Article 61 of the Act;

2. Order to return job-seeking benefits under Article 62(1), (3), and (4) of the Act;

3. Additional collection under Article 62(2) and (3) of the Act;

4. Appropriation for an amount to be returned or additional amount to be collected under Article 62(5) of the Act.

(2) A person against whom the measures under paragraph (1)2 and 3 were taken shall pay the relevant amount within 30 days from the receipt of notification under paragraph (1); provided, where an amount he or she is liable to pay exceeds the amount prescribed by the Minister of Employment and Labor, the person may, upon his or her application, make payment in installment. <Amended on Jul. 12, 2010; Aug. 27, 2020>

(3) Where a person liable to pay an amount to be returned or additional amount to be collected under Article 62(1) and (2) of the Act has yet to receive job-seeking benefits under Article 44 of the Act, the head of an employment security office shall appropriate an amount equivalent to 1/10 of the relevant job-seeking benefits for the relevant amount to be returned or additional amount to be collected under Article 62(5) of the Act; provided, where a person liable to pay the relevant amount to be returned or additional amount to be collected agrees in writing to appropriate an amount greater than that prescribed in the main clause, said amount may be appropriated. <Added on Aug. 27, 2020>

(4) Where a person liable to pay an amount to be returned under Article 62(4) of the Act has yet to receive job-seeking benefits under Article 44 of the Act and where he or she agrees in writing to appropriate all or part of the relevant job-seeking benefits for the amount to be returned under Article 62(5) of the Act, the head of an employment security office may appropriate the agreed amount for the payment of the amount to be returned. <Added on Aug. 27, 2020>

(5) The procedures and deadline for the payment in installments prescribed in the proviso of paragraph (2) shall be prescribed by the Minister of Employment and Labor. <Amended on Jul. 12, 2010; Aug. 27, 2020>

Article 84(Standards for payment of early re-employment allowances) #

(1) "Standards prescribed by Presidential Decree" in Article 64(1) of the Act means any of the following circumstances under which an eligible recipient falls, where the eligible recipient reemployed 14 days after the date of reporting unemployment under Article 42 of the Act is reemployed before 1/2 of the days of benefits payable prescribed in Article 50 of the Act passes as at the day preceding the date of reemployment: <Amended on Feb. 8, 2010; Jul. 12, 2010; Dec. 24, 2013; Dec. 26, 2023; Jun. 2, 2025>

1. Where a person who has been employed continuously for at least 12 months or who is at least 65 years of age at the time of his or her change of job (limited to a person who has maintained his or her insured status from before the age of 65 to the age of 65; hereafter in this Article and Article 86 the same shall apply) is deemed likely to be continuously employed for at least 6 months by the head of an employment security office, as prescribed by the Minister of Employment and Labor; provided, this shall not apply where an eligible recipient falls under any of the following items:

a. Where he or she is re-employed by a business owner prescribed by Decree of the Ministry of Employment and Labor, who most recently severed his or her employment or is related to such business owner;

b. Where he or she is employed by a business owner who promised employment before the date of reporting unemployment under Article 42 of the Act;

c. Where he or she is employed as a public official under the State Public Officials Act or the Local Public Officials Act; provided, this shall not apply where he or she is employed as a public official eligible for employment insurance;

d. Where he or she receives more than the amount of wages determined and publicly notified by the Minister of Employment and Labor in consideration of the purpose of the early reemployment allowance system and the average wage and salary income of employees;

e. Where he or she works or serves as onboard ship reserve service personnel, expert research personnel, or industrial technical personnel as defined in subparagraph 9, 16, or 17 of Article 2 of the Military Service Act;

2. Where a person who has engaged in business for at least 12 consecutive months, or who is 65 years of age or older at the time of job change, is recognized by the competent employment security office, in accordance with the standards determined by the Minister of Employment and Labor, as likely to continue such business for at least 6 months.

(2) "Period prescribed by Presidential Decree" in Article 64(2) of the Act means two years.

Article 95-3(Special cases concerning child care leave benefits for children within 18 months after birth) #

(1) Notwithstanding Articles 95(1) and 95-2(1) and (2), where both parents who are the insured parents take child care leave for the same child until 18 months after the birth of the child (including where the period of child care leave of the parents does not overlap in whole or in part), the monthly amount of child care leave benefits payable to the insured parents shall be calculated as follows: <Amended on Dec. 26, 2023; Dec. 24, 2024>

1. Up to 6 months from the start date of child care leave: An amount equivalent to the monthly ordinary wages of each insured as of the start date of child care leave; in such cases, the upper limit of the monthly payment shall be as classified in the following, and the lower limit of the monthly payment shall be 700,000 won for each parent:

a. Where the period during which the parents take child care leave is 1 month, respectively: 2.5 million won per month, for each parent;

b. Where the period during which the parents take child care leave is 2 months, respectively: 2.5 million won for both the first and second months, for each parent;

c. Where the period during which the parents take child care leave is 3 months, respectively: 2.5 million won for the first and second months, and 3 million won for the third month, for each parent;

d. Where the period during which the parents take child care leave is 4 months, respectively: 2.5 million won for the first and second months, 3 million won for the third month, and 3.5 million won for the fourth month, for each parent;

e. Where the period during which the parents take child care leave is 5 months, respectively: 2.5 million won for the first and second months, 3 million won for the third month, 3.5 million won for the fourth month, and 4 million won for the fifth month, for each parent;

f. Where the period during which the parents take child care leave is 6 months, respectively: 2.5 million won for the first and second months, 3 million won for the third month, 3.5 million won for the fourth month, 4 million won for the fifth month, and 4.5 million won for the sixth month, for each parent;

2. From the seventh month of child care leave to the last day of such leave: An amount equivalent to 80/100 of the ordinary monthly wage of each insured employee as of the first day of the child care leave; provided, where such amount exceeds 1.6 million won, it shall be adjusted to 1.6 million won for each parent; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won for each parent.

(2) For purposes of applying paragraph (1), where a pregnant female employee takes a child care leave on grounds of pregnancy, the fetus shall be deemed a child, and the pregnant female employee and her spouse shall be deemed parents.

(3) Notwithstanding Article 95(1), where an insured employee who is a mother or father defined in subparagraph 1 of Article 4 of the Single-Parent Family Support Act, takes child care leave, the childcare leave benefits payable monthly shall be determined according to the following classification: <Amended on Dec. 24, 2024>

1. For 3 months from the first day of a child care leave: An amount equivalent to the ordinary monthly wage as of the first day of the child care leave; provided, where such amount exceeds 3 million won, it shall be adjusted to 3 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won;

2. From the fourth month to the sixth month of child care leave: An amount equivalent to the ordinary monthly wage as of the first day of the child care leave; provided, where such amount exceeds 2 million won, it shall be adjusted to 2 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won;

3. From the seventh month to the end date of child care leave: An amount equivalent to 80/100 of the ordinary monthly wage as of the first day of the child care leave; provided, where such amount exceeds 1.6 million won, it shall be adjusted to 1.6 million won; and where such amount is less than 700,000 won, it shall be adjusted to 700,000 won.

(4) Deleted. <Dec. 24, 2024>

[This Article Added on Dec. 31, 2021]

[Title Amended on Dec. 26, 2023]

Article 104-2(Benefits for reduced working hours during child 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 of 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 child 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, 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 on Sep. 30, 2014; Dec. 26, 2017; Sep. 17, 2019; Jun. 25, 2024; Dec. 24, 2024; Dec. 23, 2025>

┌────────────────────────────────────────────────┐

│ (First 10 working hours reduced per week) An amount equivalent to the ordinary monthly │

│ wage calculated in accordance with the Labor Standards Act based on the commencement │

│ date of reduced working hours during the child care period (with a maximum of 2 million) │

│ won and a minimum of 500,000 won) × 10 (Hours actually reduced if reduced working │

│ hours per week are less than 10) / Contractual working hours before reduction │

├────────────────────────────────────────────────┤

│ (Remaining working hours reduced) An amount equivalent to 80/100 of the ordinary │

│ monthly wage calculated in accordance with the Labor Standards Act based on the │

│ commencement date of reduced working hours during the child care period (with a maximum │

│ of 1.5 million won and a minimum of 500,000 won) × Contractual working hours before reduction - │

│ - Contractual working hours after reduction - 10 / Contractual working hours before reduction │

└────────────────────────────────────────────────┘

[This Article Added on Sep. 15, 2011]

[Previous Article 104-2 moved to Article 104-5 <Sep. 15, 2011>]

Article 104-5(Scope of insured artists) #

(1) "Persons prescribed by Presidential Decree such as artists under subparagraph 2 of Article 2 of the Artist Welfare Act" in Article 77-2(1) of the Act means any of the following persons: <Amended on Sep. 12, 2023; Dec. 26, 2023>

1. Artists with certified artistic activities defined in subparagraph 2-2 of Article 2 of the Artist Welfare Act;

2. A person who falls under any subparagraph of Article 3-2(1) of the Artist Welfare Act but fails to obtain certification, or has invalid certification, of his or her artistic activities, or who engages in, or intends to engage in, creative activities, performance, technical support activities, etc. in the field of culture and art.

(2) "Income standards prescribed by Presidential Decree" in the main clause of Article 77-2(2)2 of the Act means the following standards: <Amended on Jun. 27, 2023>

1. The monthly average income (referring to the amount calculated on a monthly basis by dividing the amount to be paid to an artist under a contract related to culture and arts services by the contract period; hereinafter the same shall apply) under a contract related to culture and arts services concluded by and between an artist and a business owner shall be at least 500,000 won;

2. Where an artist who fails to meet the income standards under subparagraph 1 has concluded at least two contracts related to culture and arts services, and the sum of monthly average income derived from those contracts for the same period shall be at least 500,000 won.

(3) Where an artist intends to aggregate the monthly average income derived from of at least two contracts related to culture and arts services pursuant to paragraph (2)2, he or she shall apply for aggregating the monthly average income under those contracts to the Minister of Employment and Labor by the 15th day of the month following the month in which the date the sum of monthly average income under the contracts reaches at least 500,000 won.

(4) Upon receipt of an application for aggregation under paragraph (3), the Minister of Employment and Labor shall verify whether the relevant artist meets the income standards under paragraph (2)2 and notify the relevant business owner (limited to cases where he or she meets the income standards) and the artist of the results of his or her verification. In such cases, the relevant business owner shall be deemed to have reported the artist’s acquisition of insured status pursuant to Article 104-6(1) when the artist applies for aggregation pursuant to paragraph (3).

[This Article Added on Dec. 8, 2020]

[Previous Article 104-5 moved to Article 104-11 <Dec. 8, 2020>]

Article 104-6(Reporting on insured status of artists) #

(1) A business owner who has entered into a contract related to culture and arts services with an artist shall report matters relating to the acquisition and loss of insured status of the artist related to the business to the Minister of Employment and Labor by the 15th day of the month following the month in which the date such reason occurs falls (without delay, where the artist demands that the business owner file such report before the above-stated deadline) pursuant to Article 15 of the Act, which is applied mutatis mutandis in Article 77-5(1) of the Act.

(2) Notwithstanding paragraph (1), a report on the acquisition or loss of insured status of a short-term artist shall be deemed to have been filed where the relevant business owner who has entered into a contract related to culture and arts services with a short-term artist has filed, with the Minister of Employment and Labor, a report on confirmation of details of labor, including the number of days during which culture and arts services are provided and the contractual amount, etc. by no later than the 15th day of the month following the month in which the date such reason occurs falls. <Amended on Jun. 27, 2023>

(3) Where an artist files a report on matters relating to the acquisition and loss of insured status pursuant to Article 15(3) of the Act, which is applied mutatis mutandis in Article 77-5(1) of the Act, he or she shall submit documents proving the contractual relations related to culture and arts services, such as the contract related to culture and arts services.

(4) A business owner who has entered into a contract related to culture and arts services with an artist under 15 years of age who intends to subscribe to employment insurance pursuant to the proviso of Article 77-2(2)3 of the Act (referring to the relevant project owner or the relevant primary contractor in cases falling under Article 77-2(3) of the Act; hereafter in this paragraph, the same shall apply) shall file an application for subscription to employment insurance with the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor; provided, an artist under 15 years of age may file an application for subscription at his or her discretion, and the Minister of Employment and Labor in receipt of the application shall notify the relevant business owner of such fact. <Added on Jun. 27, 2023>

(5) Where an application for subscription is filed pursuant to paragraph (4), the relevant artist under 15 years of age shall be deemed to acquire the insured status on the day following the day such application is filed; provided, where the relevant artist under 15 years of age is a short-term artist, he or she shall be deemed to acquire the insured status on the day he or she provides labor in accordance with a contract related to culture and arts services. <Added on Jun. 27, 2023>

(6) Where an artist under 15 years of age who has subscribed to employment insurance intends to withdraw from such insurance policy, he or she shall file an application for withdrawal with the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor. In such cases, the insured status shall be deemed forfeited on the day following the day such application is filed. <Added on Jun. 27, 2023>

(7) "Project prescribed by Presidential Decree" in Article 77-2(3), with the exception of the subparagraphs, of the Act means a project related to culture and arts services, the order for which is placed by the State, a local government, or a public institution under the Act on the Management of Public Institutions (where a public institution which placed an order for such project is excluded from public institutions during the contract period for the relevant culture and arts services, including the public institution until said contract expires or is terminated). <Amended on Jun. 27, 2023>

(8) Pursuant to Article 77-2(3) of the Act, a person placing an order or a primary contractor shall report on matters relating to the acquisition and loss of insured status of an artist employed by the primary contractor or a subcontractor as follows: <Amended on Jun. 27, 2023>

1. Where multiple contracts have been awarded for a single project, resulting in multiple primary contractors: The person placing an order and the subcontractor shall report matters relating to the acquisition and loss of insured status of the artist employed by the primary contractors and the subcontractor;

2. Where a single project is divided into several tiers of contracts, resulting in multiple subcontractors: The original contractor shall report matters relating to the acquisition and loss of insured status of the artist employed by the subcontractor.

(9) "Relevant data, information ... prescribed by Presidential Decree" in Article 77-2(4) of the Act means the following data and information: <Amended on Jun. 27, 2023>

1. A subcontract concluded by and between the primary contractor and the subcontractor or between subcontractors;

2. A contract related to culture and arts services;

3. A list of artists employed.

[This Article Added on Dec. 8, 2020]

Article 104-8(Eligibility requirements for job-seeking benefits of insured artists) #

(1) "Decrease in income as prescribed by Presidential Decree" in the proviso of Article 77-3(1)3 of the Act means any of the following decreases in income; provided, in cases of a social or economic crisis such as a disaster prescribed in the Framework Act on the Management of Disasters and Safety, the Minister of Employment and Labor may otherwise determine the timing of comparing the decreases in income under subparagraphs 1 and 2 and may publicly notify such timing: <Amended on Jun. 8, 2021; Dec. 6, 2022>

1. Where income derived from a contract related to culture and arts services (hereinafter referred to as "final contract"; hereafter in this paragraph the same shall apply) during three months immediately preceding the month in which date of leaving falls has decreased by at least 20/100 from income derived from the final contract during the same period of the preceding year (where no final contract exists, referring to income accruing from other contracts related to culture and arts services valid for the same period of the preceding year);

2. Where all of the following income decreases occur:

a. The monthly average amount of income generated from a final contract during the three months immediately preceding the month in which the date of leaving one's job falls (referring to the monthly average amount of income generated from other contracts related to culture and arts services (limited to those whose contract period exceeds one month) valid in the year immediately preceding the year in which the date of leaving falls, if no final contract exists in the year immediately preceding the year in which the date falls. The amount is less than "average monthly amount in the preceding year" in item b;

b. The monthly income derived from the final contract during the 12 months immediately preceding the month in which the date of leaving falls shall be smaller than 20/100 of the monthly average income for the preceding year for at least five months.

(2) Where an artist has taken up at least two of three occupations as an employee, an artist, and a worker, for the 24-month period prior to the date of job-leaving, the number of qualifying days in covered employment under Article 77-3(2) of the Act for the person shall be deemed to meet the requirements for the number of qualifying days in covered employment under paragraph (1)1 of that Article, if it satisfies the following calculation formula: <Amended on Jun. 8, 2021; Jun. 27, 2023>

┌────────────────────────────────────────────┐

│ 1-the number of qualifying days in covered employment as an artist (calculated on a monthly basis) │

│÷ 9 months ≤ the number of qualifying days in covered employment as an employee (calculated on a daily basis) ÷ 180 days │

│ + the number of qualifying days in covered employment as a worker (calculated on a monthly basis) ÷ 12 months │

└────────────────────────────────────────────┘

(3) Where an artist under paragraph (2) falls under the following cases, the calculation formula under paragraph (2) shall be established pursuant to the relevant subparagraph: <Added on Jun. 8, 2021; Jun. 27, 2023>

1. Where the artist is insured concurrently as an employee, an artist, and a worker during the base period under Article 40(2)1 of the Act, which is applied mutatis mutandis in Article 77-5(2) of the Act: To be included only in the number of qualifying days in covered employment as an artist;

2. Where the artist is insured concurrently as an employee and a worker during the base period under Article 40(2)1 of the Act, which is applied mutatis mutandis in Article 77-5(2) of the Act: To be included only in the number of qualifying days in covered employment favorable to the insured artist during the qualifying days in covered employment as an employee or a worker.

(4) "Amount prescribed by Presidential Decree" in Article 77-3(5) of the Act means 68,100 won. <Amended on Jun. 8, 2021; Dec. 23, 2025>

(5) "Period prescribed by Presidential Decree" in the proviso of Article 77-3(6) of the Act means the following periods: <Amended on Jun. 8, 2021; Jun. 27, 2023>

1. In cases falling under Article 77-3(6)1 of the Act: Four weeks;

2. In cases falling under Article 77-3(6)2 of the Act: Two weeks.

(6) The insured period of a short-term artist under the proviso of Article 77-3(7) of the Act shall be calculated in accordance with the following classification: <Amended on Jun. 8, 2021>

1. Where the number of days during which labor is provided in the relevant month is at least 11 days: To be calculated as one month;

2. Where the number of days during which labor is provided in the relevant month does not exceed 10 days: The period shall be calculated by dividing the sum of the numbers of days during which labor is provided each month by 22.

(7) Where income accrues during the period subject to recognition of unemployment, due to employment, etc. job-seeking benefits shall be paid after deducting the relevant amount according to Article 77-8(8) of the Act and the following classification: <Amended on Jun. 8, 2021; Jun. 28, 2022>

1. Where an insured artist is deemed to have obtained employment, etc. as he or she falls under any of the following: Sum of the amount calculated by multiplying the relevant number of working days, number of days during which labor is provided, or number of business days by the daily amount of job-seeking benefits corresponding thereto:

a. Where he or she provides labor for specified contractual working hours of at least 60 hours per month or 15 hours per week;

b. Where he or she continuously provides labor for at least three months;

c. Where he or she provides labor as a daily hire employee, a short-term artist, or as a short-term worker under the proviso of Article 77-6(2)2 of the Act;

d. Where he or she enters into a new contract related to culture and arts services (referring to a contract whose monthly average income is at least 500,000 won) or a labor contract (referring to a contract whose monthly remuneration under Article 104-11(2)1 is at least 800,000 won) and provides labor;

e. Where it is deemed difficult for him or her to work for other business on a regular basis as he or she engages in family business, such as commercial and agricultural work (including unpaid housekeeper) or participates in business activities of other persons;

f. Where he or she is registered as a business entity under the Income Tax Act, the Value-Added Tax Act, or the Corporate Tax Act; provided, this shall not apply to cases where it is proved that no actual business has been conducted, such as report filed on business suspension, and cases where no employee has been hired during the operation of the real estate leasing business and the business has no rental office;

g. Other cases where he or she is deemed to obtain employment based on social norms;

2. In cases other than those falling under subparagraph 1, where the average daily income accrued during the period subject to recognition of unemployment exceeds the amount publicly notified by the Minister of Employment and Labor: Sum of the daily average income accrued during the period subject to recognition of unemployment, minus the amount publicly notified by the Minister of Employment and Labor.

(8) The following provisions shall apply mutatis mutandis to job-seeking benefits for an insured artist: <Amended on Jun. 8, 2021; Jun. 27, 2023>

1. Articles 58, 58-2, 58-3, 59, 60, 61, 62, 62-2, 63, 64 (excluding subparagraph 3), 65 through 67, 69 through 71, 75, 76, 79, 80, 80-2, 81, and 82 with regard to job application, recognition of entitlement to benefits, reporting on employment, benefit period, and payment of job-seeking benefits;

2. Articles 69, 75 through 80, 80-2, and 81 with respect to sickness benefits. In such cases, "application for recognition of unemployment" in Article 69 shall be construed as "written claim for sickness benefits"; and "job-seeking benefits" in Articles 75 through 80, 80-2, and 81 as "sickness benefits";

3. Article 75 with respect to the procedure for the payment of job-seeking benefits to a claimant for benefits payable. In such cases, the "competent employment security office having jurisdiction over the place of application" shall be construed as "competent employment security office having jurisdiction over the application of application of the deceased eligible recipient", and "eligible recipient" as "claimant for benefits payable".

[This Article Added on Dec. 8, 2020]

Article 104-9(Requirements for payment of maternity benefits to artists) #

(1) Pursuant to Article 77-4(2) of the Act, the Minister of Employment and Labor shall pay maternity benefits, etc. (hereinafter referred to as "maternity benefits, etc.") to a currently or formerly insured artist, if he or she meets all of the following requirements: <Amended on Jun. 8, 2021; Dec. 6, 2022>

1. Such worker shall meet the requirements classified as follows:

a. An artist who is insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as an artist shall be at least three months in total, prior to the date of childbirth, miscarriage, or stillbirth;

b. An artist who is not insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as an artist shall be at least three months in total, for the 18-month period prior to the date of childbirth, miscarriage, or stillbirth;

2. Labor shall not be provided during the period of payment of maternity benefits, etc. under paragraph (2); provided, where the amount of income accrued from labor or self-employment during the payment period is less than the amount determined and publicly notified by the Minister of Employment and Labor, labor shall be deemed not to be provided;

3. The insured worker shall apply for maternity benefits, etc. within 12 months from the date of childbirth, miscarriage, or stillbirth; provided, if he or she is unable to file an application by the deadline due to any of the following reasons, he or she shall file an application within 30 days from the date such grounds cease to exist:

a. A natural disaster;

b. Injury or disease suffered by the recipient, his or her spouse, or lineal ascendants or descendants of the recipient or his or her spouse;

c. Detention on account of a crime or execution of a sentence.

(2) The periods during which maternity benefits, etc. are paid shall be classified as follows: <Amended on Jun. 8, 2021; Dec. 6, 2022; Feb. 18, 2025>

1. Where a currently or formerly insured artist gives birth: The period shall be consecutive days including days before and after childbirth and shall be at least 45 days (or 60 days in cases falling under item a) after childbirth:

a. Where she is pregnant with at least 2 children at a time: 120 days;

b. Where she gives birth prematurely as prescribed by Decree of the Ministry of Employment and Labor: 100 days;

c. In cases other than those referred to in items a and b: 90 days;

2. Where a currently or formerly insured artist suffers miscarriage or stillbirth: The following periods:

a. Where the pregnancy period is not less than 15 weeks: Ten days from the date of miscarriage or stillbirth;

b. Deleted; <Feb. 18, 2025>

c. Where the pregnancy period is at least 16 weeks but not more than 21 weeks: 30 days from the date of miscarriage or stillbirth;

d. Where the pregnancy period is at least 22 weeks but not more than 27 weeks: 60 days from the date of miscarriage or stillbirth;

e. Where the pregnancy period is at least 28 weeks: 90 days from the date of miscarriage or stillbirth.

(3) Maternity benefits, etc. shall be the amount calculated for the periods classified in the subparagraphs of paragraph (2) based on the amount equivalent to the monthly average remuneration for one year (or 18 months for an artist who is not insured as of the date of childbirth, miscarriage, or stillbirth) retrospectively from the date of childbirth, miscarriage, or stillbirth, and the maximum and minimum amounts thereof shall be determined and publicly notified by the Minister of Employment and Labor in consideration of the following matters: <Amended on Dec. 6, 2022>

1. Maximum and minimum amounts of maternity leave benefits, etc. prescribed in Article 101 of the Act;

2. Levels of monthly average remuneration for the insured artist;

3. Inflation rate;

4. Other matters deemed necessary by the Minister of Employment and Labor.

(4) Notwithstanding paragraph (3), if a currently or formerly insured artist has received the following amounts due to childbirth, miscarriage, or stillbirth, he or she shall be paid maternity benefits, etc. on the same grounds excluding the amount already paid: <Amended on Jun. 8, 2021; Dec. 6, 2022; Jun. 27, 2023>

1. Maternity leave benefits, etc. received as an employee under Article 75 of the Act;

2. Money and valuables received as an employee from the relevant business owner pursuant to Article 73(3) of the Act, which is applied mutatis mutandis in Article 77(1) of the Act during the period of payment of maternity leave benefits, etc. under Article 76 of the Act;

3. Money and valuables including maternity benefits, etc. received from the relevant business owner as a worker during the period of payment of maternity benefits, etc. pursuant to Article 77-9(1) of the Act;

4. Money and valuables received as an artist from the relevant business owner during the period of payment of maternity benefits, etc., under paragraph (2).

(5) Article 81 shall apply mutatis mutandis to orders to return maternity benefits, etc. paid under paragraph (1), amount to be collected and to be returned, and appropriation for an amount to be returned or additional amount to be collected. In such cases, "job-seeking benefits" shall be construed as "maternity benefits, etc.". <Added on Jun. 8, 2021>

[This Article Added on Dec. 8, 2020]

[Title Amended on Dec. 6, 2022]

Article 104-11(Scope of insured workers) #

(1) "Person ... who is engaged in the types of work prescribed by Presidential Decree" in Article 77- 6(1) of the Act shall be any of the following persons: <Amended on Dec. 31, 2021; Jun. 28, 2022; Jun. 27, 2023; Dec. 24, 2024; Oct. 1, 2025; Oct. 28, 2025>

1. An insurance solicitor falling under any of the following:

a. An insurance solicitor registered under Article 84(1) of the Insurance Business Act;

b. A person who engages in soliciting postal insurance policies under the Postal Savings and Insurance Act, as a full-time job;

3. A person who, according to the sub-grouping in the Korean Standard Classification of Occupations publicly notified by the Minister of Data and Statistics under Article 22 of the Statistics Act (hereinafter referred to as the "Korean Standard Classification of Occupations"), directly visits the homes or other places of members to teach children or students, such as a visiting instructor for learning materials or teaching aids;

3. A person classified as a door-to-door courier based on the classes of the Korean Standard Classification of Occupations or a delivery person based on the sub-classes of such classification, who engages in collection or delivery in courier services (referring to service delivering parcels after collecting and transporting them; hereafter in subparagraph 11d, the same shall apply);

4. A loan solicitor defined in the proviso of Article 3(1) of the Act on Registration of Credit Business and Protection of Finance Users;

5. A credit card solicitor under Article 14-2(1)2 of the Specialized Credit Finance Business Act (only applicable to those who engage in such business on a full-time basis);

6. A door-to-door salesperson defined in subparagraph 2 of Article 2 of the Act on Door-to-Door Sales or a door-to-door salesperson under sponsorship defined in subparagraph 8 of that Article who regularly conducts door-to-door sales; provided, this shall not apply to a door-to-door salesperson or door-to-door salesperson under sponsorship who engages in such work for self-consumption and a person who falls under both subparagraph 2 and 7;

7. A door-to-door inspector of rented products as classified under the classes of the Korean Standard Classification of Occupations;

8. A person who mainly performs delivery services for the sale of home appliances and verifies the working conditions through the installation, trial operation, etc. thereof;

9. An instructor in charge of after-school classes operated by a school under Article 2 of the Elementary and Secondary Education Act;

10. A person who directly operates construction machinery registered pursuant to Article 3(1) of the Construction Machinery Management Act;

11. A truck owner-operator defined in the Truck Transport Business Act who falls under any of the following:

a. A person who transports containers for export and import or cement, with a special motor vehicle under Article 3(1)4 of the Motor Vehicle Management Act;

b. A person who transports steel materials to which safe trucking costs under Article 4-15(1) of the Enforcement Decree of the Trucking Transport Business Act apply, with a towed motor vehicle defined in the main clause of subparagraph 1 of Article 2 of the Motor Vehicle Management Act or a general-purpose truck under Article 3 of that Act;

c. A person who transports dangerous substances under Article 29(1) of the Framework Act on Logistics Policies with a general-purpose truck or special-purpose truck under Article 3 of the Motor Vehicle Management Act;

d. A person who engages in transporting cargoes between logistics centers, with a general-purpose truck or special-purpose truck defined in Article 3(1)3 of the Motor Vehicle Management Act, entrusted with business affairs by a door-to-door delivery service provider in courier services or a transport business operator under the Trucking Transport Business Act (hereafter in this subparagraph referred to as "transport business operator");

e. A person who transports motor vehicles defined in the Motor Vehicle Management Act with a general-purpose truck or special-purpose truck defined in Article 3(1)3 of that Act;

f. A person who transports grain dust such as wheat flour, grain, or livestock feed with a special-purpose truck defined in Article 3(1)3 of the Motor Vehicle Management Act;

g. A person who engages in transporting goods to logistics centers, shops, or consumers with a general-purpose truck or special-purpose truck defined in Article 3(1)3 of the Motor Vehicle Management Act, in the business of operating a superstore or quasi-superstore or a chain business under the Distribution Industry Development Act, under a labor contract with the business owner or a transportation business operator;

h. A person who engages in transporting goods to logistics centers or consumers with a general-purpose truck or special-purpose truck defined in Article 3(1)3 of the Motor Vehicle Management Act, in the business of operating a nonstore sale business under the Distribution Industry Development Act, under a labor contact with the business owner or a transportation business operator;

i. A person who engages in transporting food materials or foods, etc. to logistics centers or shops with a general-purpose truck or special-purpose truck defined in Article 3(1)3 of the Motor Vehicle Management Act, in the business of operating a restaurant or bar business (limited to business that directly runs multiple shops or a franchise business under the Fair Transactions in Franchise Business Act) as classified under the medium grouping of the Korean Standard Industrial Classification System, under a labor contract with the business owner or a transportation business operator;

j. A person who engages in transporting food materials or foods, etc. to logistics centers or cafeterias of an institution with a general-purpose truck or special-purpose truck defined in Article 3(1)3 of the Motor Vehicle Management Act, in the business of operating a cafeteria business for an institution as classified under the sub-grouping of the Korean Standard Industrial Classification, under a labor contract with the business owner or a transportation business operator;

12. An express delivery worker classified based on the classes of the Korean Standard Classification of Occupations, who is a quick service delivery person engaged in delivery affairs entrusted by a quick service provider (referring to the business of delivering parcels without collecting and transporting them); provided, the following persons shall be excluded:

a. A person falling under subparagraph 3;

b. A person who performs a delivery service with a truck defined in Article 3(1)3 of the Motor Vehicle Management Act;

13. A person engaging in a designated driving service entrusted by a designated driver business operator (referring to a business owner providing paid driving service to a destination at the request of a motor vehicle user);

14. A software engineer under the Software Promotion Act who provides labor in software business defined in that Act;

15. A person who has the qualifications for interpretation and guide of tourists under the proviso of Article 38(1) of the Tourism Promotion Act and engages in guiding foreign tourists;

16. A person who drives a school bus for children under the Road Traffic Act;

17. A golf course caddy assisting golf games at a golf course installed as a workplace sports facility pursuant to Article 7 of the Installation and Utilization of Sports Facilities Act or at a golf course registered as a sports facility business pursuant to Article 19 of that Act.

(2) "Income standards prescribed by Presidential Decree" in the main clause of Article 77-6(2)2 of the Act means the following standards: <Amended on Jun. 28, 2022; Jun. 27, 2023>

1. The monthly remuneration accrued under a labor contract entered into by and between a worker and a business owner (if the relevant business owner enters into a new labor contract, referring to the amount of remuneration reported under Article 19-7(3)2-2 of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection; and after the report is filed, referring to the amount of remuneration paid by the business owner to the worker each month; hereinafter the same shall apply) shall be at least 800,000 won;

2. Where a worker who fails to meet the income standards under subparagraph 1 has entered into at least two labor contracts, the aggregate of monthly remuneration of which for the same period (limited to where he or she wishes to consolidate those contracts) shall be at least 800,000 won.

(3) Where a worker wishes to aggregate the amounts of monthly remuneration accrued from at least two labor contracts as prescribed in paragraph (2)2, he or she shall file an application for aggregation with the Minister of Employment and Labor by the 15th day of the month following the month in which the date the sum of monthly remuneration under those contracts reaches at least 800,000 won falls.

(4) Where the Minister of Employment and Labor receives an application for aggregation pursuant to paragraph (3), he or she shall verify whether the relevant worker meets the income standards under paragraph (2)2, and notify the relevant business owner (limited to where the worker meets the income standards) and the worker of the results of the verification. In such cases, the relevant business owner shall be deemed to have reported the acquisition of insured status of the worker pursuant to Article 104-12(1) when the worker has applied for aggregation in accordance with paragraph (3).

[This Article Added on Jun. 8, 2021]

[Previous Article 104-11 moved to Article 104-17 <Jun. 8, 2021>]

Article 104-12(Reporting on insured status of workers) #

(1) A business owner who has entered into a labor contract with a worker shall report to the Minister of Employment and Labor matters relating to the acquisition and loss of his or her insured status related to the business pursuant to Article 15 of the Act, which is applied mutatis mutandis in Article 77-10(1) of the Act by the 15th day of the month following the month in which the date such cause occurs falls (without delay, if the worker demands that the business owner file such report before the above-stated deadline).

(2) Notwithstanding paragraph (1), where a business owner who has entered into a labor contract with a worker reports the average monthly remuneration to the Korea Workers' Compensation and Welfare Service under Article 10 of the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Korea Workers' Compensation and Welfare Service") during the period of the labor contract pursuant to Article 56-6(7) of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection, matters regarding the acquisition and loss of the insured status of a worker relating to the relevant employing unit shall be deemed reported. <Added on Dec. 31, 2021; Dec. 14, 2022>

(3) Notwithstanding paragraph (1), where a business owner who has entered into a labor contract with a short-term worker submits a report confirming details of labor, including the number of days of providing labor during the contract period, amount of money received in return for labor, etc. to the Minister of Employment and Labor by the 15th day of the month following the month in which the date the relevant cause occurs falls, matters relating to the relevant short-term worker's acquisition and loss of insured status shall be deemed reported. <Amended on Dec. 31, 2021; Jun. 27, 2023>

(4) The owner of business that has entered into a labor contract (hereinafter referred to as "owner of labor-providing business") with a worker under 15 years of age who intends to subscribe to employment insurance pursuant to the proviso of Article 77-6(2)3 of the Act and a labor platform operator under Article 77-7(1) of the Act (hereinafter referred to as "labor platform operator") that has entered into such contract with such worker, shall file an application for subscription to employment insurance with the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor; provided, a worker under 15 years of age may file an application for subscription at his or her discretion, and the Minister of Employment and Labor in receipt of the application shall notify the relevant owner of labor-providing business or the relevant labor platform operator of such fact. <Added on Jun. 27, 2023>

(5) Where an application for subscription is filed pursuant to paragraph (4), the relevant worker under 15 years of age shall be deemed to acquire the insured status on the day following the day such application is filed; provided, where the relevant worker under 15 years of age is a short-term worker, he or she shall be deemed to acquire the insured status on the day he or she provides labor in accordance with a labor contract. <Added on Jun. 27, 2023>

(6) Where a worker under 15 years of age who has subscribed to employment insurance intends to withdraw from such insurance policy, he or she shall file an application for withdrawal with the Minister of Employment and Labor, as prescribed by Decree of the Ministry of Employment and Labor. In such cases, the insured status shall be deemed forfeited on the day following the day such application is filed. <Added on Jun. 27, 2023>

(7) Where a worker reports matters relating to the acquisition or loss of insured status pursuant to Article 15(3) of the Act, which is applied mutatis mutandis in Article 77-10(1) of the Act, he or she shall submit a labor contract and other documents evidencing the labor relationship. <Amended on Dec. 31, 2021; Jun. 27, 2023>

[This Article Added on Jun. 8, 2021]

Article 104-13(Reporting on insured status of workers by labor platform operators) #

(1) A labor platform operator shall file a report with the Minister of Employment and Labor on matters regarding the acquisition and loss of the insured status of a worker by the 15th day of the month following the month in which the date such cause occurs falls (without delay, if the worker demands that the business owner file such report before the above-stated deadline). <Amended on Jun. 27, 2023>

(2) Notwithstanding paragraph (1), where a labor platform operator reports the average monthly remuneration to the Korea Workers' Compensation and Welfare Service pursuant to Article 56-6(7) of the Enforcement Decree of the Act on Employment and Industrial Accident Premium Collection during the period of the relevant labor contract, matters regarding the acquisition and loss of the insured status of a worker shall be deemed reported. <Amended on Dec. 14, 2022>

(3) Notwithstanding paragraph (1), if a person for whom a labor platform operator is obligated to file a report on the matters regarding the acquisition and loss of his or her insured status is a short-term worker and if a report confirming details of labor has been filed, including the number of days during which labor is provided during the period of the labor contract entered into by and between the owner of labor-providing business and the short-term worker, the amount of money received in return for labor, etc., with the Minister of Employment and Labor by the 15th day of the month following the month in which the date the relevant cause occurs falls, a report on the matters regarding the relevant short-term worker's acquisition and loss of insured status shall be deemed to be filed.

(4) "Data or information prescribed by Presidential Decree, such as the name and address of a place of business" in Article 77-4(2)2 of the Act means the following data or information:

1. The name and address of a place of business;

2. The name of a business owner (in cases of a corporation, referring to its representative);

3. The business registration number of a business owner (in cases of a corporation, including the corporate registration number).

(5) "Data or information prescribed by Presidential Decree, such as the name, occupational category, and remuneration of a worker" in Article 77-7(2)3 of the Act means the following data or information:

1. The name and occupational category of a worker;

2. The resident registration number of a worker (in cases of a foreigner, referring to an alien registration number);

3. The commencement date or termination date of a labor contract;

4. The number of times labor is provided, and the number of days during which labor is provided;

5. The amount of monthly remuneration (in cases of a short-term worker, referring to the price for labor provision).

[This Article Added on Dec. 31, 2021]

[Previous Article 104-13 moved to Article 104-14 <Dec. 31, 2021>]

Article 104-15(Insured workers' eligibility requirements for job-seeking benefits) #

(1) "Decrease in income as prescribed by Presidential Decree" in the proviso of Article 77-8(1)3 of the Act means any of the following decreases in income; provided, in cases of a social or economic crisis such as a disaster prescribed in the Framework Act on the Management of Disasters and Safety, the Minister of Employment and Labor may otherwise determine the timing of comparing the decreases in income under subparagraphs 1 and 2 and may publicly notify such timing: <Amended on Dec. 6, 2022>

1. The income accrued from the labor contract in force at the time of leaving (hereinafter referred to as "final contract"; hereafter in this paragraph the same shall apply) during three months immediately preceding the month in which the date of leaving falls has decreased at least 30/100 from the income accrued from the final contract during the same period of the preceding year (where there is no final contract, referring to the income accrued from another labor contract in force during the same period of the preceding year);

2. Where all of the following income decreases occur:

a. The monthly average amount of remuneration accrued from the final contract during three months immediately preceding the month in which the date of leaving falls is smaller than the monthly average amount of remuneration accrued from the final contract (where there is no final contract, referring to the monthly average amount of remuneration accrued from another labor contract in force during the preceding year (limited to those with a contract period of at least one month); hereafter in item b referred to as "monthly average amount in the preceding year") during the preceding year in which the date of leaving falls;

b. The amount of monthly remuneration accrued from the final contract during the 12 months immediately preceding the month in which the date of leaving falls shall be less than at least 30/100 of the monthly average amount in the preceding year for at least five months.

(2) Where a worker has engaged in at least two of three jobs, which are employee, artist, and worker for 24 months prior to the date of leaving, his or her qualifying days in covered employment under Article 77-8(2) of the Act shall be deemed to meet the requirements for the number of qualifying days in covered employment under paragraph (1)1 of that Article, if the following formula are met.

┌────────────────────────────────────────────┐

│ 1 - the number of qualifying days in covered employment as a worker (calculated on a monthly basis) ÷ 12 months │

│≤ the number of qualifying days in covered employment as an employee (calculated on a daily basis) ÷ 180 days + the number of qualifying days in covered employment as an artist (calculated on a monthly basis) │

│÷ 9 months │

└────────────────────────────────────────────┘

(3) Where a worker under paragraph (2) falls under the following, the calculation formula under paragraph (2) shall be employed:

1. Where the worker is insured concurrently as an employee, artist, and worker during the base period under Article 40(2)1 of the Act, which is applied mutatis mutandis in Article 77-10(2) of the Act: To be included only in the number of qualifying days in covered employment as a worker;

2. Where the worker is insured concurrently as a worker and artist during the base period under Article 40(2)1 of the Act, which is applied mutatis mutandis in Article 77-10(2) of the Act: To be included only in the number of qualifying days in covered employment favorable to the insured worker during the qualifying days in covered employment as an employee or artist.

(4) "Amount prescribed by Presidential Decree" in the latter part of Article 77-8(5) of the Act means 68,100 won. <Amended on Jun. 8, 2021; Dec. 23, 2025>

(5) "Period prescribed by Presidential Decree" in the proviso of Article 77-8(6) of the Act means the periods classified as follows: <Amended on Jun. 27, 2023>

1. Where a decrease in income under paragraph (1)1 or 2 occurs by at least 30/100 but less than 50/100: Four weeks;

2. Where a decrease in income under paragraph (1)1 or 2 occurs by at least 50/100 or falls under Article 77-8(6)2 of the Act: Two weeks.

(6) The insured period of a short-term worker under the proviso of Article 77-8(7) of the Act shall be calculated according to the following classification:

1. Where the number of days during which labor is provided in the relevant month is at least 11 days: To be calculated as one month;

1. Where an insured worker is deemed to have obtained employment, etc. as he or she falls under the items of Article 104-8(7)1: An aggregate amount calculated by multiplying the number of working days, the number of days during which labor is provided, or the number of business days by the daily job-seeking benefits corresponding thereto;

2. In cases other than those falling under subparagraph 1, where the average daily income accrued during the period subject to recognition of unemployment exceeds the amount publicly notified by the Minister of Employment and Labor: Sum of the average daily income accrued during the relevant period subject to recognition of unemployment minus the amount calculated according to the public notice of the Minister of Employment and Labor.

(8) The following provisions shall apply mutatis mutandis to insured workers' job-seeking benefits: <Amended on Jun. 27, 2023>

[This Article Added on Jun. 8, 2021]

[Moved from Article 104-14; previous Article 104-15 moved to Article 104-16 <Dec. 31, 2021>]

Article 104-16(Requirements for payment of maternity benefits to workers) #

(1) Pursuant to Article 77-9(2) of the Act, the Minister of Employment and Labor shall pay maternity benefits, etc., to a currently or formerly insured worker, if he or she meets all of the following requirements: <Amended on Dec. 6, 2022>

1. Such worker shall meet the requirements classified as follows:

a. A worker who is insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as a worker shall be at least three months in total, prior to the date of childbirth, miscarriage, or stillbirth;

b. A worker who is not insured as of the date of childbirth, miscarriage, or stillbirth: The number of qualifying days in covered employment as a worker shall be at least three months in total, for the 18-month period prior to the date of childbirth, miscarriage, or stillbirth;

a. A natural disaster;

b. Injury or disease suffered by the recipient, his or her spouse, or lineal ascendants or descendants of the recipient or his or her spouse;

c. Detention on account of a crime or execution of a sentence.

(2) Article 104-9(2) shall apply to the period of payment of maternity benefits, etc. In such cases, "artist" shall be construed as "worker". <Amended on Dec. 6, 2022>

(3) Maternity benefits, etc. shall be the amount calculated for the period classified in the subparagraphs of Article 104-9(2) based on the amount equivalent to the monthly average remuneration for one year (or 18 months for an artist who is not insured as of the date of childbirth, miscarriage, or stillbirth) retrospectively from the date of childbirth, miscarriage, or stillbirth, and the maximum and minimum amounts of such benefits shall be determined and publicly notified by the Minister of Employment and Labor in consideration of the following matters: <Amended on Dec. 6, 2022>

1. Maximum and minimum amounts of maternity leave benefits, etc. prescribed in Article 101 of the Act;

2. Level of monthly average remuneration for an insured worker;

3. Inflation rate;

4. Other matters deemed necessary for calculating maternity benefits, etc. by the Minister of Employment and Labor.

(4) Notwithstanding paragraph (3), if a currently or formerly insured worker has received the following amounts due to childbirth, miscarriage, or stillbirth pursuant to the proviso of Article 77-9(1) of the Act, he or she shall be paid maternity benefits, etc. on the same grounds excluding the amount already paid: <Amended on Dec. 6, 2022; Jun. 27, 2023>

1. Maternity leave benefits, etc. received as an employee under Article 75 of the Act;

3. Maternity benefits, etc. received as an artist pursuant to Article 77-4(1) of the Act;

4. Money and valuables received from the relevant business owner as an artist during the period of payment of maternity benefits, etc., under Article 104-9(2);

5. Money and valuables received from the relevant business owner as a worker during the period of payment of maternity benefits, etc., under paragraph (2).

(5) Article 81 shall apply mutatis mutandis to orders to return maternity benefits, etc., paid under subparagraph 1, additional collection, and appropriation for an amount to be returned or additional amount to be collected. In such cases, "job-seeking benefits" shall be construed as "maternity benefits, etc.".

[This Article Added on Jun. 8, 2021]

[Title Amended on Dec. 6, 2022]

[Moved from Article 104-15; previous Article 104-16 moved to Article 104-17 <Dec. 31, 2021>]

Article 107(Use of Fund) #

(1) "Expenses prescribed by Presidential Decree" in Article 80(1)7 of the Act means the following expenses: <Amended on Jun. 8, 2021>

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 Act on Employment and Industrial Accident Premium Collection;

4. Payment of fees for the entrustment of projects or business affairs prescribed in the Act and the Act on Employment and Industrial Accident Premium Collection.

(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 on Jul. 12, 2010>

(3) A recipient (hereafter in this Article referred to as "contributee") 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, 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 in this Article referred to as "business for purpose of contributions"). <Amended on 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 provided in other statutes; provided, where a contributee has obtained approval from the Minister of Employment and Labor, he or she may carry forward such contribution to the following year to be used for business for purpose of contributions. <Amended on 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 on 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 on Jul. 12, 2010>

[This Article Wholly Amended on Sep. 18, 2008]

Article 130(Commissioning and appointment of members of Board of Review) #

(1) Members representing employees among members of the Employment Insurance Board of Review prescribed in Article 99(1) of the Act (hereinafter referred to as the "Board of Review") shall be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a general federation of labor unions, while the members representing employers shall also be commissioned by the President upon the recommendation of the Minister of Employment and Labor among candidates recommended by a nation-wide association of employers. <Amended on Jul. 12, 2010; Jun. 8, 2021>

(2) Members of the Board of Review, except a member representing employees, a member representing employers, and ex officio members, shall be commissioned by the President upon recommendation of the Minister of Employment and Labor among any of the following persons; provided, standing members shall be appointed by the President upon recommendation of the Minister of Employment and Labor, from among persons who fall under subparagraph 3 or 4: <Amended on Jul. 12, 2010; Jun. 8, 2021>

1. A person who holds the qualification as a judge, public prosecutor, or attorney-at-law;

2. A person who held or holds an adjunct professorship or a higher position in a college or university prescribed in the Higher Education Act;

3. A person who served or serves as a Grade III or higher public official, or a member, in general service of the Senior Executive Service;

4. A person who has engaged in labor-related affairs for 15 years or longer and who is deemed qualified by the Minister of Employment and Labor;

5. A person who has good knowledge and experience in issues of social insurance or employment and who is deemed qualified by the Minister of Employment and Labor.

(3) The Minister of Employment and Labor shall nominate a Grade III public official in charge of insurance affairs belonging to the Ministry of Employment and Labor or a public official in general service belonging to the Senior Executive Service as the ex officio member of the Board of Review. <Amended on Jul. 12, 2010>

Article 142-2(Scope of data subject to request for provision) #

Data or information subject to request under Article 110(1) of the Act shall be any of the following data or information: <Amended on Dec. 31, 2021; May 9, 2022; Jun. 27, 2023; Jun. 25, 2024>

1. The following data or information regarding various kinds of pensions, insurance, and wages:

a. Enrollment in the public officials pension under the Public Officials Pension Act;

b. Workplace-based insured persons' report and monthly pension premiums imposed under the National Pension Act;

c. Reporting on workplaces and the amount of monthly insurance contributions for the employee insured under the National Health Insurance Act;

d. Enrollment in the military pension plan under the Military Pension Act;

e. Employees of special post offices enrolled in pension plan under the Special Post Offices Act;

f. Private school teachers and staff enrolled in pension plan under the Pension for Private School Teachers and Staff Act;

g. Industrial accident insurance benefits under the Industrial Accident Compensation Insurance Act and workers;

h. Overdue wages under the Wage Claim Guarantee Act;

2. The following data or information regarding family relations, workers, persons with disabilities, foreigners, etc.:

a. Computerized information and certificates on records of family relations under the Act on Registration of Family Relations;

b. Acquisition and loss of nationality and the like under the Nationality Act;

c. Military service under the Military Service Act;

d. Termination of employment contracts with foreign workers and other types of employment under the Act on the Employment of Foreign Workers;

e. Verification of disabilities under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

f. Reporting of place of residence in Korea by Korean national residing abroad and foreign nationality Koreans under the Act on the Immigration and Legal Status of Overseas Koreans;

g. Resident registration under the Resident Registration Act;

h. Alien registration, entry into and departure from Korea, and reporting of dismissal or resignation, etc. of aliens under the Immigration Act;

3. The following data or information regarding real estate, automobiles, ships, aircraft, etc.:

a. A certified copy of construction machinery register and registration of construction machinery business under the Construction Machinery Management Act;

b. A certified copy of building register under the Building Act;

c. Certified copies of the parcels-register for sites and the parcels-register for forest areas under the Act on the Establishment and Management of Spatial Data;

d. Farmland registers under the Farmland Act;

e. Collateral security register under the Act on Security over Movable Property, Claims;

f. Certificates of registered matters for land and certificates of registered matters for buildings under the Registration of Real Estate Act;

g. Certificates of Registration of Legal Entities under the Non-Contentious Case Procedure Act, the Commercial Registration Act, and the like;

h. Ship registration certificates under the Ship Registry Act;

i. Original ship registers under the Ship Act;

j. Motor vehicle registers under the Motor Vehicle Management Act.

k. Middle-standing enterprises under the Special Act on the Promotion of Growth and the Strengthening of Competitiveness of Middle-Standing Enterprises;

l. Registers under the Decree on Registration of Patent Rights;

m. Aircraft original register under the Aviation Safety Act;

4. Other data or information specified in the following that is necessary for managing insured status in employment insurance:

a. Data regarding eligibility requirements and eligibility for self-support labor under the National Basic Living Security Act;

b. Data regarding social welfare corporations and social welfare facilities and persons engaging in them under the Social Welfare Services Act;

c. Data regarding social service providers and related workers under the Act on the Use of Social Services and the Management of Vouchers;

d. Data regarding child care centers, child care teachers and staff, infants and young children attending child care centers, and their guardians under the Child Care Act.

e. Data or Information on the registration, correction, or cancellation of business information on agriculture or fisheries under Articles 4 and 6-2 of the Act on Fostering and Supporting Agricultural and Fisheries Business Entities.

[This Article Added on Aug. 27, 2020]

Article 145(Delegation of authority) #

(1) The Minister of Employment and Labor shall delegate his or her authority over the following affairs to the head of each employment security office, as prescribed in Article 115 of the Act: <Amended on Feb. 8, 2010; Jul. 12, 2010; Sep. 15, 2011; Dec. 8, 2011; Dec. 30, 2011; Jul. 10, 2012; Dec. 24, 2013; Dec. 31, 2014; Oct. 18, 2016; Jul. 3, 2018; Aug. 27, 2020; Dec. 8, 2020; Jun. 8, 2021; Jun. 27, 2023; Dec. 23, 2025>

1. Deleted; <Oct. 18, 2016>

2. Deleted; <Oct. 18, 2016>

3. Deleted; <Feb. 12, 2019>

4. Assisting job creation prescribed in Article 20 of the Act (excluding those entrusted under paragraph (4));

5. Assisting employment adjustment prescribed in Article 21 of the Act;

6. Promoting local employment prescribed in Article 22 of the Act;

7. Assisting employment of the aged, etc. prescribed in Article 23 of the Act;

8. Assisting employment security of construction workers, etc. prescribed in Article 24 of the Act;

9. Carrying out programs for vocational skills development training prescribed in Article 31(2) of the Act;

10. Providing information on employment and establishing foundations for supporting employment prescribed in Article 33 of the Act (excluding projects for establishing a foundation for employment security and vocational skills development, those for placement of experts, and projects entrusted pursuant to paragraph (6));

11. Imposing restrictions on assistance due to improper acts prescribed in Article 35 of the Act;

12. Paying child care leave benefits and imposing restrictions on payment of such benefits under Articles 70 and 73 of the Act;

12-2. Paying benefits for reduced working hours during the child care period under Article 73-2 of the Act and imposing restrictions on payment of such benefits under Article 73 of the Act, which is applied mutatis mutandis in Article 74(2) of the Act;

13. Paying maternity leave benefits, etc. under Article 75 of the Act and imposing restrictions on payment of such benefits, etc. under Article 73 of the Act, which is applied mutatis mutandis in Article 77(1) of the Act;

13-2. Paying an amount equivalent to maternity leave benefits, etc. under Article 76-2 of the Act and imposing restrictions on payment of such amount under Article 73 of the Act (excluding paragraph (1) of that Article), which is applied mutatis mutandis in Article 77(2) of the Act;

13-3. Paying job-seeking benefits to an insured artist under Article 77-3 of the Act and imposing restrictions on payment of such benefits under Article 61 of the Act, which is applied mutatis mutandis in Article 77-5(2) of the Act;

13-4. Paying maternity benefits, etc. to an insured artist under Article 77-4 of the Act and issuing an order to return such benefits, etc. and imposing restrictions on payment of such benefits, etc. under Articles 62 and 73(4) of the Act, which is applied mutatis mutandis in Article 77-5(3) of the Act;

13-5. Paying job-seeking benefits to an insured worker under Article 77-8 of the Act and imposing restrictions on payment of such benefits under Article 61 of the Act, which is applied mutatis mutandis in Article 77-10(2) of the Act;

13-6. Paying maternity benefits, etc. to an insured worker under Article 77-9 of the Act and issuing an order to return such benefits, etc. and imposing restrictions on payment of such benefits, etc. under Articles 62 and 73(4) of the Act, which is applied mutatis mutandis in Article 77-10(3) of the Act;

14. Demanding submission of reports or related documents or requesting appearances prescribed in Article 108 of the Act (limited to cases where such demand or request is required to process entrusted administrative affairs);

15. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs), and issuing a prior notice of such investigations and a notice of the findings of such investigations in relation to such actions;

16. Requesting submission of materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

17. Paying rewards under Article 112 of the Act;

18. Imposing and collecting administrative fines under Article 118 of the Act.

19. Accepting reports on appointment and dismissal of agents prescribed in Article 4 (excluding cases where an agent conducts the affairs referred to in Article 15 of the Act on behalf of a business owner);

20. Carrying out programs for employment security and employment promotion prescribed in Article 35;

20-2. Deleted; <Dec. 31, 2014>

21. Providing support for projects for assisting employment prescribed in Article 36;

22. Granting subsidies to cover expenses incurred at a facility for promotion of employment prescribed in Article 38(2) (limited to the facilities for promotion of employment prescribed in Article 38(1)2 and 3);

23. Deleted; <Jun. 30, 2015>

24. Granting subsidies for development of employees' vocational skills under Article 43;

25. Deleted; <Sep. 15, 2011>

26. Granting subsidies for employment training pursuant to Article 47.

(2) The Minister of Employment and Labor shall entrust the Korea Worker's Compensation and Welfare Service with his or her authority over the following affairs, pursuant to Article 115 of the Act: <Amended on Mar. 12, 2009; May 28, 2009; Jul. 12, 2010; Dec. 31, 2010; Dec. 8, 2011; Jun. 30, 2015; Oct. 18, 2016; Dec. 30, 2016; Feb. 12, 2019; Jun. 9, 2020; Aug. 27, 2020; Dec. 8, 2020; Jun. 8, 2021; Dec. 31, 2021; Jun. 27, 2023>

1. Accepting reports, etc. on insured status prescribed in Article 15 of the Act;

2. Deleted; <Aug. 27, 2020>

2-2. Verifying insured status prescribed in Article 17 of the Act (including cases applied mutatis mutandis in Articles 77-5(1) and 77-10(1) of the Act);

2-3. Receiving reports on insured status of an insured artist under Articles 77-2 and 77-5(1) of the Act;

2-4. Receiving reports on the insured status of an insured worker under Articles 77-6, 77-7, and 77-10(1) of the Act;

3. Requesting reports or related documents and appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

4. Having access to offices, making inquiries to the relevant person, and investigating into documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);

4-2. Deleted; <Feb. 8, 2010>

5. Requesting materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

5-2;

[Subparagraph 5-2 moved to subparagraph 11 <Oct. 18, 2016>]

6. Accepting an application for insurance purchase of a public official eligible for employment insurance and notifying the fact of such application pursuant to Article 3-2(2);

7. Accepting an application for withdrawal by an insured public official pursuant to Article 3-2(4);

8. Accepting a report on appointment or dismissal of an agent referred to in Article 4 (limited to cases where an agent acts as an agent for matters regarding Article 15);

8-2. Managing and operating loans for the work-family balance assistance programs referred to in subparagraph 7 of Article 35;

8-3. Making loans to cover expenses for retaining employees in enterprises eligible for priority support under Article 37-3;

9. Granting subsidies for the operation of a child care center under Article 38(4);

10. Granting loans or subsidies to cover expenses for the installation of child care centers prescribed in Article 38(5) and managing and operating such loans and subsidies;

11. Granting loans to cover expenses for vocational skills development training pursuant to Article 45;

12. Granting loans to cover living expenses during the vocational skills development training prescribed in Article 47-2 and managing and operating such loans;

13. Receiving and handling applications for subscription to or withdrawal from employment insurance for artists under 15 years of age pursuant to Article 104-6(4) and (6);

14. Receiving and handling applications for subscription to or withdrawal from employment insurance for workers under 15 years of age under Article 104-12(4) and (6).

(3) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Human Resources Development Service of Korea with his or her authority over the following affairs: <Amended on Mar. 12, 2009; Jul. 12, 2010; Dec. 30, 2011; Jan. 13, 2012>

1. Supporting the vocational skills development training for business owners pursuant to Article 27 of the Act;

2. Granting subsidies to cover expenses incurred for technical skill competitions conducted by the private sector among the projects for promotion of skilled techniques prescribed in Article 31(1)2 of the Act;

3. Requesting reports or related documents and appearances prescribed in Article 108 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

4. Having access to offices, making inquiries to the relevant person, and investigating documents prescribed in Article 109 of the Act (limited to cases where such actions are required to process entrusted administrative affairs);

5. Requesting materials prescribed in Article 110 of the Act (limited to cases where such request is required to process entrusted administrative affairs);

6. Deleted; <Dec. 31, 2010>

7. Granting subsidies to cover expenses of vocational skills development training prescribed in Article 46;

8. Granting loans to cover expenses for vocational skills development training facilities, etc. prescribed in Article 48 and managing and operating such loans;

9. Granting subsidies to cover expenses for vocational skills development training facilities, etc. prescribed in Article 49 and managing and operating such subsidies (excluding affairs relating to decision-making on whether to grant such subsidies);

10. Deleted; <Apr. 30, 2008>

11. Granting subsidies to cover expenses for qualification testing programs prescribed in Article 51(1)1;

11-2. Developing, compiling and distributing training materials prescribed in Article 52(1)3;

12. Supporting the system for accreditation of exemplary enterprises in the development of human resources prescribed in Article 52(1)5;

13. Supporting vocational skills development programs conducted by business owners or employers' associations jointly with small and medium enterprises for employees of small and medium enterprises prescribed in Article 52(1)6;

14. Implementing vocational skills development training to improve core abilities to perform duties of business owners or employees of enterprises eligible for priority support under Article 52(1)10;

15. Conducting vocational skills development programs to promote the organized learning of enterprises eligible for priority support prescribed in Article 52(1)11;

16. Conducting vocational skills development programs to improve the skills of business owners or staff in charge of the development of human resources of enterprises eligible for priority support for the development of human resources prescribed in Article 52(1)12;

17. Conducting systematic support programs for on-site training for enterprises eligible for priority support pursuant to Article 52(1)13;

18. Deleted; <Dec. 31, 2010>

(4) Pursuant to Article 115 of the Act, the Minister of Employment and Labor may delegate part of the business affairs relating to the following matters to the institution referred to in paragraph (5): <Amended on Dec. 23, 2025>

1. Subsidization for job creation under Article 17;

2. Support for improving employment circumstances for seniors, etc. under Article 37;

3. Support for programs to support employment security under Article 37-2;

4. Subsidization of facilities for the promotion of employment under Article 38(2) (limited to those under Article 38(1)5);

5. Support for vocational skills development projects conducted collaboratively by an employers' association, employees' association, or federation of such organizations;

6. Support for local governments, etc. under Article 55.

(5) The Minister of Employment and Labor may delegate part of the business affairs relating to the following matters to the following institutions: <Added on Dec. 23, 2025>

1. Korea Workers‘ Compensation and Welfare Service;

2. The Labor-Management Improvement Foundation established under Article 6 of the Act on Support for the Improvement in Labor-Management Relations;

3. The Korea Employment Agency for Persons with Disabilities established under Article 43 of the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities;

4. The Korea Labor Institute established under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

5. The Korea Occupational Safety and Health Agency established under the Korea Occupational Safety and Health Agency Act;

6. The Human Resources Development Service of Korea;

7. Other specialized institutions or non-profit corporations determined and publicly notified by the Minister of Employment and Labor.

(6) Where the Minister of Employment and Labor entrusts business affairs under paragraphs (4) and (5), he or she shall publish institutions entrusted with such business affairs and the details of affairs entrusted on the website or in the Official Gazette of the Ministry of Employment and Labor. <Added on Dec. 23, 2025>

(5) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the agencies designated and publicly announced by the Minister of Employment and Labor, such as the Human Resources Development Service of Korea, the Korea Employment Agency for the Disabled, the Korea Labor Institute, or related specialized agencies with part of his or her duties such as the examination of management of employment and other support prescribed in Article 33. <Amended on Sep. 18, 2008; Dec. 31, 2009; Feb. 8, 2010; Jul. 12, 2010; Dec. 23, 2025>

(8) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Employment Information Service established pursuant to Article 18 of the Framework Act on Employment Policy with authority over the following affairs among his or her authority over subsidization of equipment, etc. prescribed in Article 15(6) of the Act, the provision of information on employment, and the establishment of a foundation for supporting employment prescribed in Article 33 of the Act: <Amended on Dec. 30, 2009; Jul. 12, 2010; Dec. 23, 2025>

1. Collecting and analyzing information on employment and furnishing such information to employment security offices;

2. Researching, developing, and disseminating techniques for occupational guidance, including counseling on jobs and training;

3. Evaluating the provision of information on employment, occupational guidance, and job referral and providing support for such activities;

4. Operating electronic networks relating to employment insurance among the affairs relating to the establishment of the infrastructure for employment security and vocational skills development.

(9) The Minister of Employment and Labor shall, pursuant to Article 115 of the Act, entrust the Korea Construction Working Mutual Fund prescribed in Article 9 of the Act on the Employment Improvement of Construction Workers with support for stable employment of construction workers prescribed in subparagraph 4 of Article 35. <Added on Feb. 8, 2010; Jul. 12, 2010; Dec. 23, 2025>

(10) In order to carry out the affairs entrusted under paragraphs (2) through (7), the President of the Korea Worker's Compensation and Welfare Service, the President of the Human Resource Development Service of Korea, and the President of the Korea Employment Agency for the Disabled shall each appoint a director responsible for fund revenue and a director responsible for acts incurring expenditure from the fund among standing directors at each institution, appoint an officer in charge of fund disbursement and a fund cashier among the employees of each institution, and shall report the appointment to the Minister of Employment and Labor. In such cases, the duties for which each director or officer is responsible shall be as follows: <Amended on Dec. 31, 2009; Feb. 8, 2010; Jul. 12, 2010; Dec. 23, 2025>

1. Director responsible for fund revenue: Duties of a fund revenue collector;

2. Director responsible for acts incurring expenditure from the Fund: Duties of a fund treasurer;

3. Officer in charge of fund expenditure: Duties of a fund expenditure officer;

4. Fund cashier: Duties of a fund accounting official.

(11) The Minister of Employment and Labor shall give notice of the appointment of a director responsible for fund revenue, a director responsible for acts incurring expenditure from the Fund, an officer in charge of fund expenditure, and a fund cashier prescribed in paragraph (10) to the Chairperson of the Board of Audit and Inspection and the Governor of the Bank of Korea. <Amended on Presidential Decree No. 22026 Feb. 8, 2010; Jul. 12, 2010; Dec. 23, 2025>

Article 145-2(Management of personally identifiable information) #

(1) Where unavoidable to perform the following affairs, the Minister of Employment and Labor (including any person delegated or entrusted with the authority or affairs of the Minister of Employment and Labor pursuant to Article 145) may manage data containing resident registration numbers or alien registration numbers prescribed in Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Jul. 10, 2012; Jul. 19, 2016; Mar. 27, 2017; Jun. 25, 2019; Dec. 8, 2020; Jun. 8, 2021; Dec. 31, 2021; Jun. 27, 2023; Jun. 27, 2023>

1. Affairs relating to subscription to or withdrawal from the employment insurance by public officials in extraordinary civil service and public officials in a fixed term position pursuant to the proviso of Article 10(1)3 of the Act and Article 3-2 of this Decree;

1-2. Affairs relating to subscription to employment insurance by the following persons:

a. Foreign workers under Article 10-2(1) of the Act;

b. Foreigners who have entered into employment contracts, foreign artists, and foreign workers under Article 10-2(2) of the Act and Article 3-3 of this Decree;

c. Affairs relating to employees' purchase of or withdrawal from employment insurance under Article 10(1)5 of the Act and the proviso of Article 3(3)2 of this Decree;

2. Affairs relating to reporting of the attainment, loss, etc. of insured status prescribed in Article 15 of the Act;

3. Deleted; <Aug. 27, 2020>

4. Affairs relating to verification of qualifications for insured status prescribed in Article 17 of the Act;

5. Assistance to a business owner who expands employment opportunities prescribed in Article 20 of the Act;

6. Assistance to a business owner who has taken measures for employment security prescribed in Article 21 of the Act;

7. Assistance to a business owner who promotes local employment prescribed in Article 22 of the Act;

8. Assistance for promotion of employment of seniors, etc. prescribed in Article 23 of the Act;

9. Assistance to and providing loans for those who conduct programs aimed at promoting employment security and job creation prescribed in Article 25 of the Act;

10. Assistance for facilities contributing to promotion of employment prescribed in Article 26 of the Act;

11. Promoting loans for those who bear the expenses incurred in vocational skills development training to a business owner prescribed in Article 27 of the Act;

12. Assistance for vocational skills development to the insured, etc. prescribed in Article 29 of the Act;

13. Assistance to and extension of loans to those who bear the expenses incurred in establishing vocational skills development training facilities and purchasing equipment related thereto pursuant to Article 30 of the Act;

14. Assistance to those who conduct programs for promotion of vocational skills development pursuant to Article 31 of the Act;

15. An order to return a subsidy or to additionally collect such subsidy, on account of an improper act, pursuant to Article 35 of the Act;

15-2. Subsidization of national pension premiums pursuant to Article 55-2 of the Act;

16. Payment of child care leave benefits prescribed in Article 70 of the Act;

17. Payment of the benefits for reduced working hours during the period of infant care prescribed in Article 73-2 of the Act;

18. Payment of maternity leave benefits, etc. prescribed in Article 75 of the Act and payment of an amount equivalent to maternity leave benefits, etc. prescribed in Article 76-2 of the Act;

19. Application in subrogation for the payment of maternity leave benefits, etc. prescribed in Article 75-2 of the Act;

19-2. Reporting on insured status of an insured artist under Articles 77-2 and 77-5(1) of the Act;

19-3. Reporting on the insured status of an insured worker prescribed in Articles 77-6, 77-7, and 77-10(1) of the Act;

20. Request for the report, etc. pursuant to Article 108 of the Act;

21. Investigations, etc. under Article 109 of the Act;

22. Request for data prescribed in Article 110 of the Act;

23. Reporting on improper acts and the payment of a monetary reward in return therefor prescribed in Article 112 of the Act;

24. Reporting on the appointment or dismissal of an agent prescribed in Article 4;

25. Reporting on the change of an insured's name and other details prescribed in Articles 10, 104-7, and 104-14.

(2) Where unavoidable to conduct the following affairs, the head of a relevant employment security office may manage materials which include resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act: <Amended on Aug. 27, 2020; Dec. 8, 2020; Jun. 8, 2021>

1. An order to return job-seeking benefits, etc. or to additionally collect them, on account of improper acts, pursuant to Articles 62, 74 and 77 of the Act;

2. Reporting of unemployment (including verifying a certificate of severance) under Article 42 of the Act;

3. Approval of eligibility for benefits prescribed in Article 43 of the Act;

4. Verification of unemployment, etc. prescribed in Article 44 of the Act;

5. Postponement, etc. of the benefit period prescribed in Article 48 of the Act and Article 71 of this Decree;

6. Payment of individually extended benefits prescribed in Article 52 of the Act;

7. Payment of unpaid job-seeking benefits prescribed in Article 57 of the Act;

8. Payment of sickness benefits prescribed in Article 63 of the Act;

9. Payment of the early re-employment allowance prescribed in Article 64 of the Act;

10. Payment of the long-distance job search allowance prescribed in Article 66 of the Act;

11. Affairs on the payment of the relocation allowance prescribed in Article 67 of the Act;

12. Payment of job-seeking benefits, maternity benefits, etc. under Articles 77-3, 77-4, and 77-5(2) and (3) of the Act;

13. Payment of job-seeking benefits, maternity benefits, etc. under Articles 77-8, 77-9, and 77-10(2) and (3) of the Act.

(3) Where unavoidable to conduct the affairs on the request for review prescribed in Article 87(1) of the Act, an examiner may manage materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act.

(4) Where unavoidable to conduct the following affairs, the Board of Review may manage materials which include resident registration numbers or foreign registration numbers prescribed in subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Affairs concerning a request for further review prescribed in Article 87(1) of the Act;

2. Affairs concerning perusal of hearing report prescribed in Article 101(5) and (6) of the Act.

[This Article Wholly Amended on Jan. 13, 2012]

ENFORCEMENT DECREE OF THE EMPLOYMENT INSURANCE ACT

Article 1(Purpose) #

Article 1-2(Money and valuables excluded from remuneration) #

Article 1-3(Composition of Employment Insurance Committee) #

Article 1-4(Term of office of members)

Article 1-5(Duties of Chairperson) #

Article 1-6(Meetings) #

Article 1-7(Specialized Committees) #

Article 1-8(Members in charge of surveys and research) #

Article 1-9(Requests for cooperation) #

Article 1-10(Administrative secretary) #

Article 1-11(Allowances of members) #

Article 1-12(Detailed rules of operation) #

Article 2(Scope of application) #

Article 3(Employees exempt from application) #

Article 3-2(Purchase of insurance by public officials in extraordinary civil service or fixed-term position) #

Article 3-3(Scope of application of the Act to foreigners) #

Article 4(Agents) #

Article 5(Management of employment insurance statistics) #

Article 6(Execution of projects on behalf of Minister of Employment and Labor) #

Article 6-2(Assessment institutions for insurance programs) #

Article 7(Reporting of acquisition or loss of insured status) #

Article 8(Reporting of insured status by employee) #

Article 9(Reporting of transfer of the insured) #

Article 10(Reporting change of name and other details of the insured) #

Article 11(Request for and notice of confirmation) #

Article 11-2(Standards for acquisition of insured status) #

Article 12(Scope of enterprises eligible for priority support) #

Article 13 #

Article 14 #

Article 15 #

Article 16 #

Article 17(Subsidization for job creation) #

Article 18(Details of assistance for employment adjustment) #

Article 19(Eligibility for subsidies for employee retention) #

Article 20(Preparation of and reporting on plans for employee retention measures) #

Article 20-2(Restrictions on granting of subsidies in cases of violation of plans for retaining employees) #

Article 21(Amount of subsidies for employee retention) #

Article 21-2(Reduced level of wages in cases of business suspension) #

Article 21-3(Requirements for granting subsidies to the insured in cases of business suspension) #

Article 21-4(Support for measures for development and improvement of vocational skills) #

Article 22(Re-employment assistance for person whose employment is severed) #

Article 22-2(Support for agreement between management and labor for employee retention) #

Article 23 #

Article 24(Subsidies for promotion of local employment) #

Article 25 #

Article 25-2 #

Article 26(Incentives for employment promotion) #

Article 27 #

Article 28(Subsidies for wage peak system) #

Article 28-2(Subsidies for reduction of wages in employing unit or place of business having set retirement age at 60 or more) #

Article 28-3 #

Article 28-4(Incentive for continued employment of seniors) #

Article 28-5(Subsidies for employment of seniors) #

Article 29(Incentives for employment security during period of childbirth and child care) #

Article 30 #

Article 31 #

Article 32 #

Article 32-2 #

Article 33(Subsidization for examination of management of employment) #

Article 34 #

Article 35(Employment security and employment promotion) #

Article 35-2(Support for programs for education and programs for public relations) #

Article 36(Support to project for assisting employment) #

Article 37(Support for improving employment circumstances for seniors) #

Article 37-2(Support for programs to support employment security) #

Article 37-3(Loan to enterprises eligible for priority support for expenses for retaining employees) #

Article 38(Support for facilities for employment promotion) #

Article 39(Special cases concerning employing unit subject to blanket application) #

Article 40(Adjustment of subsidies) #

Article 40-2(Restrictions on subsidization) #

Article 41(Subsidization for business owners of vocational skills development training) #

Article 42(Upper limits of subsidies) #

Article 43(Subsidization for development of employees’ vocational skills) #

Article 44 #

Article 45(Granting loans to cover skill development expenses) #

Article 46(Subsidization of expenses for development of abilities) #

Article 47(Assistance in employment training) #

Article 47-2(Loan for living expenses during vocational skills development training) #

Article 48(Loans for expenses incurred by vocational skills development training facilities) #